reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31C - COMPLETION SPECIAL SCHOOLS (§§ 20-2-2096 — 20-2-2096.8) › Section 20-2-2096.5 - Appointment, term, and role of superintendent

(a)
A superintendent shall be appointed for each completion special school by the state board upon consideration of one or more recommendations from the State School Superintendent and such school's governing board.
(b)
(1)
The superintendent for each completion special school shall be employed by the governing board of such school under a written contract for a term of not less than one year and not more than three years.
(2)
Any provision of any such contract which provides for an extension of the duration of employment thereunder, whether automatic or contingent upon the occurrence of one or more events, shall be void if that extension would result in employment under such contract, as extended, for a period which exceeds three years.
(3)
Such contract shall provide for a comprehensive evaluation of the superintendent by the governing board of such school at least annually.
(c)
(1)
No person shall be eligible to be appointed, employed, or to serve as the superintendent of a completion special school unless such person is of good moral character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission.
(2)
No person shall be eligible to be appointed, employed, or to serve as the superintendent of a completion special school who has an immediate family member sitting on the governing board of such school.
(d)
The superintendent of a completion special school shall have such additional qualifications as may be prescribed by policies of the governing board for such school, not inconsistent with the provisions of this chapter.
(e)
The superintendent of a completion special school may concurrently serve as a principal, teacher, or in another staff position as directed by the governing board of such school in its sole discretion and in accordance with the terms of the contract between the superintendent and the governing board.
(f)
No substantive or procedural right regarding employment or termination of employment of a superintendent of a completion special school by the governing board of such school shall be created by this Code section. Rather, the terms and conditions of employment of the superintendent of a completion special school by the governing body of such school shall be determined exclusively by the contract between those parties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract.
Added by 2023 Ga. Laws 342,§ 3, eff. 5/4/2023.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31C - COMPLETION SPECIAL SCHOOLS (§§ 20-2-2096 — 20-2-2096.8) › Section 20-2-2096.7 - Attendance zones; payments; use of funds

(a)
The state board shall establish the following attendance zones:
(1)
Zone 1 shall comprise the Northwest Georgia, North Georgia, and Pioneer regional education service agency service areas;
(2)
Zone 2 shall comprise the Metro regional education service agency service area;
(3)
Zone 3 shall comprise the Northeast Georgia, Griffin, and Middle Georgia regional education service agency service areas;
(4)
Zone 4 shall comprise the West Georgia and Chattahoochee-Flint regional education service agency service areas;
(5)
Zone 5 shall comprise the Oconee, Central Savannah River, and Heart of Georgia regional education service agency service areas;
(6)
Zone 6 shall comprise the First District and Okefenokee regional education service agency service areas; and
(7)
Zone 7 shall comprise the Southwest Georgia and Coastal Plains regional education service agency service areas.
(b)
(1)
Except as provided in paragraph (2) of this subsection, only one completion special school may operate in each attendance zone provided for in subsection (a) of this Code section.
(2)
(A)
Except as provided in subparagraph (B) or (C) of this paragraph, upon being established as a completion special school, if such school is currently operating one or more programs outside the attendance zone assigned to such school by the state board then the state board shall be authorized to permit such school to continue to operate such program or programs until the earlier of June 30, 2028, or the establishment of a new completion special school that is assigned to the attendance zone where such program or programs are operating.
(B)
The state board shall be authorized to permit one or more completion special schools to operate one or more programs outside the attendance zone assigned to such school; provided, however, that such permitted program exclusively provides education programs and services for students in grades nine through 12 to individuals who are attending a United States Department of Defense Youth Challenge Academy or who are in the custody of a correctional facility, detention facility, jail, prison, or other lawful place of confinement; and provided, further, that the state board shall be authorized to designate which completion special school is authorized to provide such program or programs.
(C)
The state board shall be authorized to permit an enrollment eligible student to attend a completion special school outside of his or her attendance zone, provided that such student resides in a county that is contiguous to but outside of the attendance zone of such school; and provided, further, that such school is located closer to such student's residence than the completion special school with the attendance zone where such student's residence is located.
Added by 2023 Ga. Laws 342,§ 3, eff. 5/4/2023.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 31C - COMPLETION SPECIAL SCHOOLS (§§ 20-2-2096 — 20-2-2096.8) › Section 20-2-2096.8 - Evaluation and reporting

The department shall provide for a comprehensive evaluation of each completion special school regarding the success, impact, and needs, if any, of such school and shall report in writing the results of such evaluation to the state board at least once every five years such school remains in operation under this article."
Added by 2023 Ga. Laws 342,§ 3, eff. 5/4/2023.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 32 - HIGH SCHOOL ATHLETICS OVERVIEW COMMITTEE (§§ 20-2-2100 — 20-2-2104) › Section 20-2-2100 - Creation of oversight committee to review operations of high school athletic associations

(a)
There is created as a joint committee of the General Assembly the High School Athletics Overview Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House, one of whom shall be a member of the minority party; five members of the Senate appointed by the Lieutenant Governor, one of whom shall be a member of the minority party; the chairperson of the House Committee on Education or his or her designee; and the chairperson of the Senate Education and Youth Committee or his or her designee. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The Speaker of the House of Representatives and the Lieutenant Governor shall each designate a cochairperson from among the appointees of their respective houses. The cochairpersons shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of cochairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of high school athletic associations, as defined in subsection (c) of this Code section.
(b)
No high school which receives funding under Article 6 of this chapter shall participate in, sponsor, or provide coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any high school athletics association unless such association complies with the provisions of this article.
(c)
As used in this Code section, the term "committee" means the High School Athletics Overview Committee, and the term "high school athletic association" means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic athletic events in which public high schools in this state participate.
Added by 2014 Ga. Laws 553,§ 1A, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 32 - HIGH SCHOOL ATHLETICS OVERVIEW COMMITTEE (§§ 20-2-2100 — 20-2-2104) › Section 20-2-2101 - Powers and duties

The Department of Education, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties set forth in this article. The committee may employ staff and may secure the services of consultants as appropriate and subject to available funding. Upon authorization by joint resolution of the General Assembly, the committee shall have the power while the General Assembly is in session or during the interim between sessions to request the attendance of witnesses and the production of documents in aid of its duties. In addition, when the General Assembly is not in session, the committee shall have the power to request the attendance of witnesses and the production of documents in aid of its duties, upon application of the cochairpersons of the committee, with the concurrence of the Speaker of the House and the Senate Committee on Assignments.
Added by 2014 Ga. Laws 553,§ 1A, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 32 - HIGH SCHOOL ATHLETICS OVERVIEW COMMITTEE (§§ 20-2-2100 — 20-2-2104) › Section 20-2-2102 - Cooperation and reporting by high school athletic associations

All high school athletic associations in this state shall cooperate with the committee, its authorized personnel, the Attorney General, the Department of Education, and other state agencies in order that the charges of the committee may be timely and efficiently discharged. The associations shall submit to the committee such reports and data as the committee shall reasonably require in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the associations. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the high school athletic associations, as set forth in this article.
Added by 2014 Ga. Laws 553,§ 1A, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 32 - HIGH SCHOOL ATHLETICS OVERVIEW COMMITTEE (§§ 20-2-2100 — 20-2-2104) › Section 20-2-2103 - Evaluation of performance of high school athletic associations

In the discharge of its duties, the committee shall evaluate the performance of high school athletic associations consistent with the following criteria:
(1)
Fairness and equity in establishing and implementing its standards; and
(2)
The promotion of academic achievement and good sportsmanship.
Added by 2014 Ga. Laws 553,§ 1A, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 32 - HIGH SCHOOL ATHLETICS OVERVIEW COMMITTEE (§§ 20-2-2100 — 20-2-2104) › Section 20-2-2104 - Expenditure of funds; compensation of members; funding

(a)
The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff, paying for services of consultants, and paying all other necessary expenses incurred by the committee in performing its duties.
(b)
The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.
(c)
The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government.
Added by 2014 Ga. Laws 553,§ 1A, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 33 - GEORGIA SPECIAL NEEDS SCHOLARSHIP ACT (§§ 20-2-2110 — 20-2-2118) › Section 20-2-2110 - Short title

This article shall be known and may be cited as the "Georgia Special Needs Scholarship Act."
Amended by 2007 Ga. Laws 117,§ 1, eff. 5/18/2007.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 33 - GEORGIA SPECIAL NEEDS SCHOLARSHIP ACT (§§ 20-2-2110 — 20-2-2118) › Section 20-2-2111 - Legislative findings; purpose

The General Assembly finds that:
(1)
Students with disabilities have special needs that merit educational alternatives which will allow students to learn in an appropriate setting and manner;
(2)
Parents are best equipped to make decisions for their children, including the educational setting that will best serve the interests and educational needs of their children;
(3)
Children, parents, and families are the primary beneficiaries of the scholarship program authorized in this article and any benefit to private schools, sectarian or otherwise, is purely incidental;
(4)
The scholarship program established in this article is for the valid secular purpose of tailoring a student's education to that student's specific needs and enabling families to make genuine and independent private choices to direct their resources to appropriate schools; and
(5)
Nothing in this article shall be construed as a basis for granting vouchers or tuition tax credits for any other students, with or without disabilities.
Amended by 2007 Ga. Laws 117,§ 1, eff. 5/18/2007.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 33 - GEORGIA SPECIAL NEEDS SCHOLARSHIP ACT (§§ 20-2-2110 — 20-2-2118) › Section 20-2-2112 - Definitions

As used in this article, the term:
(1)
"Board" means the State Board of Education.
(2)
"Department" means the Department of Education.
(3)
"Parent" means a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a child.
(4)
"Participating school" means a private school that has notified the department of its intention to participate in the program, and that complies with the department's requirements.
(5)
"Prior school year in attendance" means that the student was enrolled and reported by a public school system or school systems for funding purposes during the preceding October and March full-time equivalent (FTE) program counts in accordance with Code Section
20-2-160
.
(6)
"Private school" means a nonpublic school, sectarian or nonsectarian, which is accredited or in the process of becoming accredited by one or more of the entities listed in subparagraph (A) of paragraph (6) of Code Section
20-3-519
.
(7)
"Program" means the scholarship program established pursuant to this article.
(8)
"Resident school system" means the public school system in which the student would be enrolled based on his or her residence.
(9)
"Scholarship" means a Georgia Special Needs Scholarship awarded pursuant to this article.
(10)
"Scholarship student" means a student who receives a scholarship pursuant to this article.
Amended by 2007 Ga. Laws 117,§ 1, eff. 5/18/2007.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 33 - GEORGIA SPECIAL NEEDS SCHOLARSHIP ACT (§§ 20-2-2110 — 20-2-2118) › Section 20-2-2113 - Annual notification of options available to parents of special needs students

(a)
The resident school system shall provide specific written notice of the options available under this article to the parent at the initial Individualized Education Program (IEP) meeting in which a disability of the parent's child is identified or at the time the child is determined to be eligible for accommodations or services under Section 504 of the federal Rehabilitation Act of 1973. Thereafter, the resident school system shall annually notify prior to the beginning of each school year the parent of a student with a disability by letter, electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this article.
(b)
(1)
The parent may choose for the student to attend another public school within the resident school system which has available space and which has a program with the services agreed to in the student's existing Individualized Education Program or Section 504 Plan. If the parent chooses this option, then the parent shall be responsible for transportation to such school. The student may attend such public school pursuant to this paragraph until the student completes all grades of the school, graduates, or reaches the age of 21, whichever occurs first, in accordance with federal and state requirements for disabled students;
(2)
The parent may choose to enroll the student in and transport the student to a public school outside of the student's resident school system which has available space and which has a program with the services agreed to in the student's existing Individualized Education Program or Section 504 Plan. The nonresident public school system may accept the student, and if it does, such system shall report the student for purposes of funding to the department;
(3)
The parent may choose for the student to attend one of the state schools for the deaf and blind operated by the State Board of Education, if appropriate for the student's needs. Funding for such students shall be provided in accordance with Code Section
20-2-302
; or
(4)
The parent may request and receive from the department a scholarship for the student to enroll in and attend a participating private school in accordance with this article.
Amended by 2021 Ga. Laws 243,§ 1, eff. 7/1/2021.
Amended by 2015 Ga. Laws 201,§ 1, eff. 7/1/2015.
Amended by 2007 Ga. Laws 117,§ 1, eff. 5/18/2007.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 33 - GEORGIA SPECIAL NEEDS SCHOLARSHIP ACT (§§ 20-2-2110 — 20-2-2118) › Section 20-2-2117 - Adoption and promulgation of rules; immunity from liability for scholarship decisions; schools may be barred from program participation for certain actions

(a)
The board shall adopt rules to administer the program regarding eligibility and participation of participating schools, including, but not limited to, timelines that will maximize student and public and private school participation, the calculation and distribution of scholarships to eligible students and participating schools, and the application and approval procedures for eligible students and participating schools. The department shall develop and utilize a compliance form for completion by participating schools. The department shall be authorized to require any pertinent information as it deems necessary from participating schools for the purpose of implementing the program. Participating schools shall be required to complete such forms and certify their accuracy.
(b)
The board shall adopt rules to administer the program regarding student eligibility, transparency, and awareness of the impact of the program, including, but not limited to, the following:
(1)
The department shall conduct an annual survey of participating parents' satisfaction with the program, their satisfaction with the private school, and their likelihood of recommending the program. Survey results shall be collected using only numerical measures and made publicly available in the annual report provided for in Code Section
20-2-2118
; and
(2)
The department shall post on its publicly accessible website the basic unit cost for general instructional programs as a minimum estimate for scholarship amounts. The department shall provide parents of scholarship students the actual scholarship amounts upon appropriation of state funds to the department for disbursement. Within 30 calendar days of receipt of the actual scholarship amount, a parent of a scholarship student who believes that such student's program weights have been incorrectly reported by the local school system may make a request in writing to the department for a review of the accuracy of the local school system's reported program weights. The department shall provide a written response within 30 days of receipt of the parent's written request.
(c)
No liability shall arise on the part of the department or the state or of any local board of education based on the award or use of a scholarship awarded pursuant to this article.
(d)
The department may bar a school from participation in the program if the department determines that the school has intentionally and substantially misrepresented information or failed to refund to the state any scholarship overpayments in a timely manner.
Amended by 2021 Ga. Laws 243,§ 4, eff. 7/1/2021.
Amended by 2008 Ga. Laws 471,§ 20, eff. 5/12/2008.
Amended by 2007 Ga. Laws 117,§ 1, eff. 5/18/2007.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 33 - GEORGIA SPECIAL NEEDS SCHOLARSHIP ACT (§§ 20-2-2110 — 20-2-2118) › Section 20-2-2118 - Annual report

The Office of Student Achievement, in conjunction with the department, shall provide the General Assembly not later than December 1 of each year with a report regarding the scholarship program for the previous fiscal year. The report shall include, but not be limited to, numbers and demographics of students participating and numbers of participating schools. Such report shall also be posted on the Office of Student Achievement's website.
Amended by 2007 Ga. Laws 117,§ 1, eff. 5/18/2007.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 34 - INTRADISTRICT TRANSFERS (§§ 20-2-2130 — 20-2-2131) › Section 20-2-2130 - Definitions

As used in this article, the term:
(1)
"Department" means the Department of Education.
(2)
"Parent" means a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a child.
Added by 2009 Ga. Laws 164,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 34 - INTRADISTRICT TRANSFERS (§§ 20-2-2130 — 20-2-2131) › Section 20-2-2131 - Enrollment of students in school to which not originally assigned; procedure; annual notification; exception

(a)
(1)
Beginning in school year 2009-2010, the parent of a student enrolled in a public elementary or secondary school in this state may elect to enroll such student in a public school that is located within the school system in which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school.
(2)
No later than July 1, 2009, each local school system shall establish a universal, streamlined process available to all students to implement the transfer requirements of paragraph (1) of this subsection.
(3)
A student who transfers to another school pursuant to this subsection may, at his or her election, continue to attend such school until the student completes all grades of the school.
(4)
This subsection shall not be construed to affect any student currently attending a school other than the school to which the student has been assigned by the local board of education pursuant to a transfer authorized under the federal No Child Left Behind Act (P.L. 107-110).
(b)
The department shall establish a model universal, streamlined process to implement the transfer provisions of this Code section. Each local board of education shall adopt a universal, streamlined transfer process that includes, at a minimum, such state model. Such local process shall include a deadline for submitting transfer requests.
(c)
Each local school system shall annually notify prior to each school year the parents of each student by letter, electronic means, or by such other reasonable means in a timely manner of the options available to parents under this article, including all relevant dates and deadlines. As a part of such annual notification process, each local school system shall post in a prominent location on its website the information required pursuant to this Code section.
(d)
The local school system shall notify parents by July 1 of each year which schools have available space and to which of these schools parents may choose to request a transfer for their children.
(e)
This Code section shall not apply to charter schools; provided, however, that each local board of education shall adopt a universal, streamlined transfer process that allows for transfers pursuant to paragraph (2) of subsection (d) of Code Section
20-2-2066
.
(f)
This Code section shall not apply to newly opened schools with available classroom space for a period of four years after the school opens.
Amended by 2022 Ga. Laws 769,§ 6, eff. 7/1/2022.
Amended by 2020 Ga. Laws 552,§ 2, eff. 1/1/2021.
Added by 2009 Ga. Laws 164,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 35 - [Repealed] EDUCATION OF MILITARY DEPENDENTS (§ 20-2-2140) › Section 20-2-2140 - through 20-2-2180 - [Repealed]

Repealed by Ga. L. 2012, p. 377, § 2/SB 227, effective July 1, 2012.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2A - STUDENT SCHOLARSHIP ORGANIZATIONS (§§ 20-2A-1 — 20-2A-7) › Section 20-2A-1 - Definitions

As used in this chapter, the term:
(1)
"Eligible student" means a student who is a Georgia resident who, immediately prior to receiving a scholarship or tuition grant under Code Section
20-2A-2
and enrolling in a qualified school or program, was enrolled in and attended for at least six weeks a Georgia secondary or primary public school or who is eligible to enroll in a qualified first grade, kindergarten program, or pre-kindergarten program; provided, however, that if a student is deemed an eligible student pursuant to this paragraph, he or she shall continue to qualify as such until he or she graduates, reaches the age of 20, or returns to a public school, whichever occurs first; and provided, further, that the enrollment and six-week public school attendance requirements shall be waived in the case of a student who, based on the school attendance zone of his or her primary residence, is or would be assigned to a public school that the Office of Student Achievement determines to be a low-performing school, who is the subject of officially documented cases of school based physical violence or student related verbal abuse threatening physical harm, or who was enrolled in a home study program meeting the requirements of subsection (c) of Code Section
20-2-690
for at least one year immediately prior to receiving a scholarship or tuition grant under Code Section
20-2A-2
.
(2)
"Qualified school or program" means a nonpublic pre-kindergarten program, primary school, or secondary school that:
(A)
Is accredited or in the process of becoming accredited by one or more entities listed in subparagraph (A) of paragraph (6) of Code Section
20-3-519
; and
(B)
Is located in this state, adheres to the provisions of the federal Civil Rights Act of 1964, and satisfies the requirements prescribed by law for private schools in this state.
(3)
"Student scholarship organization" means a charitable organization in this state that:
(A)
Is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code and obligates for scholarships or tuition grants at least 90 percent of its annual revenue received from donations for scholarships or tuition grants to allow students to attend any qualified school of their parents' choice; and
(B)
Provides educational scholarships or tuition grants to eligible students without limiting availability to only students of one school.
Amended by 2013 Ga. Laws 335,§ 33A, eff. 5/7/2013.
Amended by 2011 Ga. Laws 170,§ 1, eff. 7/1/2011.
Added by 2008 Ga. Laws 773,§ 1, eff. 5/14/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2A - STUDENT SCHOLARSHIP ORGANIZATIONS (§§ 20-2A-1 — 20-2A-7) › Section 20-2A-2.1 - Entities prohibited from being student scholarship organizations

No entity which operates, owns, is affiliated with, or is a subsidiary of an association, organization, or other entity that provides accreditation of elementary or secondary schools shall be eligible to be a student scholarship organization pursuant to this chapter.
Added by 2019 Ga. Laws 130,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2A - STUDENT SCHOLARSHIP ORGANIZATIONS (§§ 20-2A-1 — 20-2A-7) › Section 20-2A-3 - Taxation reporting requirements for student scholarship organizations

(a)
Each student scholarship organization shall report annually to the Department of Revenue, on a date determined by the Department of Revenue, subject to the time limits provided for in paragraph (5) of Code Section
20-2A-2
, and on a form provided by the Department of Revenue, the following information:
(1)
The total number and dollar value of individual contributions and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns;
(2)
The total number and dollar value of corporate contributions and tax credits approved;
(3)
The total number and dollar value of scholarships awarded to eligible students;
(4)
The total number of scholarship recipients whose family's adjusted gross income falls:
(A)
Under 125 percent of the federal poverty level;
(B)
Between 125 and 250 percent of the federal poverty level;
(C)
Between 250 and 400 percent of the federal poverty level; and
(D)
Above 400 percent of the federal poverty level;
(4.1)
The total number of scholarship recipients and the average scholarship dollar amount by each county within which any scholarship recipient resides;
(5)
The average scholarship dollar amount by adjusted gross income category as provided in paragraph (4) of this subsection; and
(6)
A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit.
Such report shall also include a copy of the audit conducted pursuant to paragraph (5) of Code Section
20-2A-2
. The Department of Revenue shall post on its website the information received from each student scholarship organization pursuant to paragraphs (1) through (5) of this subsection and the report of the student scholarship organization's most recent audit conducted pursuant to paragraph (5) of Code Section
20-2A-2
, except that no information of confidential taxpayer information contained in such audit report shall be posted or otherwise disclosed to the public by the Department of Revenue.
(b)
Except for the allowable information included in the report of the audit conducted pursuant to paragraph (5) of Code Section
20-2A-2
and the information reported pursuant to paragraphs (1) through (5) of subsection (a) of this Code section, all information or reports provided by student scholarship organizations to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections
48-2-15
,
48-7-60
, and
48-7-61
, whether it relates to the donor or the student scholarship organization.
Amended by 2022 Ga. Laws 722,§ 1-2, eff. 7/1/2022.
Amended by 2018 Ga. Laws 424,§ 3, eff. 5/7/2018.
Amended by 2013 Ga. Laws 335,§ 33C, eff. 5/7/2013.
Amended by 2011 Ga. Laws 170,§ 1, eff. 7/1/2011.
Added by 2008 Ga. Laws 773,§ 1, eff. 5/14/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2A - STUDENT SCHOLARSHIP ORGANIZATIONS (§§ 20-2A-1 — 20-2A-7) › Section 20-2A-4 - List of student scholarship organizations to be provided to the General Assembly

The Department of Revenue shall provide a list of all student scholarship organizations receiving contributions from businesses and individuals granted a tax credit under Code Section
48-7-29.16
to the General Assembly by January 30 of each year.
Amended by 2011 Ga. Laws 170,§ 1, eff. 7/1/2011.
Added by 2008 Ga. Laws 773,§ 1, eff. 5/14/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2A - STUDENT SCHOLARSHIP ORGANIZATIONS (§§ 20-2A-1 — 20-2A-7) › Section 20-2A-5 - Parent or guardian endorsement of award required

The parent or guardian to whom a scholarship award is granted must restrictively endorse the scholarship award to the private school for deposit into the account of the private school. The parent or guardian may not designate any entity or individual associated with the participating private school as the parent's attorney in fact to endorse a scholarship award. A participant who fails to comply with this Code section forfeits the scholarship.
Amended by 2011 Ga. Laws 170,§ 1, eff. 7/1/2011.
Added by 2008 Ga. Laws 773,§ 1, eff. 5/14/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2A - STUDENT SCHOLARSHIP ORGANIZATIONS (§§ 20-2A-1 — 20-2A-7) › Section 20-2A-6 - List of student scholarship organizations to be maintained on website

The Department of Education shall maintain on its website a current list of all student scholarship organizations which have provided notice pursuant to paragraph (6) of Code Section
20-2A-2
.
Amended by 2011 Ga. Laws 170,§ 1, eff. 7/1/2011.
Added by 2008 Ga. Laws 773,§ 1, eff. 5/14/2008.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2A - STUDENT SCHOLARSHIP ORGANIZATIONS (§§ 20-2A-1 — 20-2A-7) › Section 20-2A-7 - Penalties for failure to comply with requirements of chapter; violations

(a)
(1)
Any student scholarship organization that fails to comply with any requirements under this chapter shall be given written notice by the Department of Revenue of such failure to comply by certified mail and shall have 90 days from the receipt of such notice to correct all deficiencies.
(2)
Upon failure to correct all deficiencies within 90 days, such student scholarship organization shall:
(A)
Be immediately removed from the Department of Education list provided for in Code Section
20-2A-6
;
(B)
Be required to cease all operations as a student scholarship organization and transfer all scholarship account funds to a properly operating student scholarship organization within 30 calendar days of receipt of notice from the Department of Revenue of removal from the approved list; and
(C)
Have all applications for preapproval of tax credits under Code Section
48-7-29.16
rejected by the Department of Revenue on or after the date the Department of Education removes the student scholarship organization from its list provided for in Code Section
20-2A-6
.
(b)
Any student scholarship organization that:
(1)
Awards or restricts the award of a scholarship to a specific eligible student at the request of a donor; or
(2)
Encourages or facilitates taxpayers to engage in actions that are prohibited by law
shall be subject to paragraph (2) of subsection (a) of this Code section.
(c)
Any officer or director of a student scholarship organization found to have actively participated in a student scholarship organization's intentional violation of its obligations under this chapter shall be guilty of a misdemeanor.
Added by 2011 Ga. Laws 170,§ 1, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2B - [EDUCATION SAVINGS AUTHORITY] (§§ 20-2B-1 — 20-2B-31) › Article 1 - GEORGIA EDUCATION SAVINGS AUTHORITY (§§ 20-2B-1 — 20-2B-8) › Section 20-2B-1 - [Definitions]

As used in this article, the term:
(1)
"Board of directors" or "board" means the board of directors of the education savings authority.
(2)
"Commission" means the Georgia Student Finance Commission.
(3)
"Director" means a member of the board of directors.
(4)
"Education savings authority" means the Georgia Education Savings Authority created by this article.
Added by 2024 Ga. Laws 457,§ 1-1, eff. 4/23/2024.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2B - [EDUCATION SAVINGS AUTHORITY] (§§ 20-2B-1 — 20-2B-31) › Article 1 - GEORGIA EDUCATION SAVINGS AUTHORITY (§§ 20-2B-1 — 20-2B-8) › Section 20-2B-2 - [Creation of Georgia Education Savings Authority]

There is created a public authority, a body corporate and politic, to be known as the Georgia Education Savings Authority, which shall be deemed to be an instrumentality of this state and a nonprofit public corporation.
Added by 2024 Ga. Laws 457,§ 1-1, eff. 4/23/2024.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2B - [EDUCATION SAVINGS AUTHORITY] (§§ 20-2B-1 — 20-2B-31) › Article 1 - GEORGIA EDUCATION SAVINGS AUTHORITY (§§ 20-2B-1 — 20-2B-8) › Section 20-2B-3 - [Functions and composition; organization and conduct of affairs]

(a)
Functions and composition. The education savings authority shall be governed and all of its corporate powers, duties, and functions shall be exercised by a board of directors. The board of directors shall be composed of the same persons who are serving as members of the board of commissioners of the commission pursuant to Code Section
20-3-234
. The executive director of the education savings authority, or president, if designated by such title by the board of directors, shall be an ex officio member of the board of directors. No director shall be eligible to become an officer or employee of the education savings authority for a period of one year after expiration of the director's period of service as a director of the education savings authority.
(b)
Organization and conduct of affairs. Subsections (c) through (h) of Code Section
20-3-234
, pertaining to the commission and relative to officers of the board of commissioners, meetings of the board of commissioners, executive committee, other committees, compensation of commissioners, and advisory councils, inclusively, are incorporated by reference into this subsection and shall apply to the board of directors in the same manner as if fully set out, with conformable language, in this subsection. The board of directors shall organize and conduct its affairs in accordance with such provisions of law; provided, however:
(1)
That nothing in this Code section shall be construed to mean that the board of directors must elect the same persons to serve as officers of the board of directors as are elected by the board of commissioners of the commission to serve as officers of the board of commissioners;
(2)
That no person serving as a public commissioner of the commission and thereby as a director of the education savings authority shall receive more than one day's per diem plus actual expenses incurred for one day's service or portion thereof rendered to the state; and
(3)
That the limitation as to the number of days during any fiscal year that per diem may be paid to a public commissioner of the commission shall be inclusive of services rendered by such person as a director of the education savings authority.
Added by 2024 Ga. Laws 457,§ 1-1, eff. 4/23/2024.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2B - [EDUCATION SAVINGS AUTHORITY] (§§ 20-2B-1 — 20-2B-31) › Article 1 - GEORGIA EDUCATION SAVINGS AUTHORITY (§§ 20-2B-1 — 20-2B-8) › Section 20-2B-4 - [Executive director or president]

The executive director of the commission, or president, if designated by such title by the board of commissioners, shall serve as the executive director or president, if designated by such title by the board of directors, and chief executive officer of the education savings authority. The executive director shall provide for maintenance of accurate and permanent minutes and records of all proceedings and activities of the board of directors and the education savings authority and shall be responsible for and authorized to implement and carry out all administrative powers, duties, and functions of the education savings authority in accordance with governing state and federal laws and rules, regulations, and policies prescribed by the board of directors. The treasurer of the commission shall serve as treasurer of the education savings authority. The treasurer shall receive and disburse all funds made available to or for the use of the education savings authority by the General Assembly or otherwise in accordance with law and as may be directed by the board of directors. The secretary of the commission shall serve as secretary of the education savings authority. Other officers of the commission who are assigned duties and responsibilities relative to the purposes of the education savings authority may be designated as officers of the education savings authority. The foregoing officers and all other employees, professional personnel, agents, experts, consultants, and persons employed or retained by the commission who are assigned duties and responsibilities relative to the purposes of the education savings authority shall perform such assigned duties and responsibilities in accordance with this article. Fidelity bond coverage of officers, employees, and members of the commission provided pursuant to paragraph (4) of Code Section
20-3-235
and covering such persons who are performing duties and responsibilities relative to the education savings authority pursuant to this article shall also be conditioned as to the insured and in such respects and for such sums as the board of directors determines necessary to protect the interests of the education savings authority.
Added by 2024 Ga. Laws 457,§ 1-1, eff. 4/23/2024.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2B - [EDUCATION SAVINGS AUTHORITY] (§§ 20-2B-1 — 20-2B-31) › Article 1 - GEORGIA EDUCATION SAVINGS AUTHORITY (§§ 20-2B-1 — 20-2B-8) › Section 20-2B-6 - [System of accounts]

The education savings authority shall maintain a system of accounts in accordance with generally accepted accounting procedures and standard accounting procedures and systems established by the state, where applicable, which shall, among other things, properly identify and account for all funds received by the education savings authority, the source of such funds, and all expenditures of the education savings authority. Agency, federal, and other funds of the education savings authority determined to be available for such purposes may be used to pay expenses and operating costs incurred by the education savings authority, including payments to the commission to defray expenses and operating costs of the education savings authority or to be paid by the commission for or on behalf of the education savings authority. No funds of the education savings authority shall lapse to the state as of the close of any fiscal year.
Added by 2024 Ga. Laws 457,§ 1-1, eff. 4/23/2024.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2B - [EDUCATION SAVINGS AUTHORITY] (§§ 20-2B-1 — 20-2B-31) › Article 1 - GEORGIA EDUCATION SAVINGS AUTHORITY (§§ 20-2B-1 — 20-2B-8) › Section 20-2B-7 - [Disclosure of interest]

If any director, officer, or employee of the education savings authority shall be interested, either directly or indirectly, or shall be a director, officer, or employee of or have an ownership interest in, other than a noncontrolling stockholder interest, or the substantial equivalent thereof, in a lender or school, any firm or corporation interested, directly or indirectly, in any contract with the education savings authority, except any agency, instrumentality, or political subdivision of the state, such interest shall be disclosed to and shall be set forth in the minutes of the education savings authority; and the director, officer, or employee having such interest therein shall not participate on behalf of the education savings authority or such party in the negotiation or the authorization of the contract. No provision of this article shall be construed, however, to prevent any otherwise eligible director, officer, or employee of the education savings authority or member of his or her family from being eligible to apply for and receive financial aid assistance provided for under this chapter.
Added by 2024 Ga. Laws 457,§ 1-1, eff. 4/23/2024.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2B - [EDUCATION SAVINGS AUTHORITY] (§§ 20-2B-1 — 20-2B-31) › Article 1 - GEORGIA EDUCATION SAVINGS AUTHORITY (§§ 20-2B-1 — 20-2B-8) › Section 20-2B-8 - [Assignment to commission]

The education savings authority is assigned to the commission for administrative purposes only.
Added by 2024 Ga. Laws 457,§ 1-1, eff. 4/23/2024.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2B - [EDUCATION SAVINGS AUTHORITY] (§§ 20-2B-1 — 20-2B-31) › Article 2 - [Repealed Effective 6/30/2035, or ten years after it becomes effective, whichever is later; provided, however, that any student who is qualified under the program prior to such repeal shall continue to be eligible under the program until the student returns to a public school, graduates from high school, or reaches the age of 20 years, or for any special education student, reaches the age of 21 years] GEORGIA PROMISE SCHOLARSHIP ACT (§§ 20-2B-20 — 20-2B-31) › Section 20-2B-20 - [See Note] [Short title]

This article shall be known and may be cited as the "Georgia Promise Scholarship Act."
Repealed by 2024 Ga. Laws 457,§ 2-1, eff. 6/30/2035, or ten years after it becomes effective, whichever is later; provided, however, that any student who is qualified under the program prior to such repeal of Part II shall continue to be eligible under the program until the student returns to a public school, graduates from high school, or reaches the age of 20 years, or for any special education student, reaches the age of 21 years.
Added by 2024 Ga. Laws 457,§ 2-1, eff. only if the "Quality Basic Education Act," as provided for in Article 6 of Chapter 2 of Title 20, is fully funded, app. to school years beginning on 7/1/2025, and continuing thereafter.