reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-1 - REGIONAL EDUCATIONAL SERVICES › Rule 160-5-1-.29 - Minimum Direct Classroom Expenditures

Current through Rules and Regulations filed through June 27, 2024
(1)
DEFINITIONS.
(a)
Direct classroom expenditures -
all expenditures incurred by a local school system during a fiscal year
				for activities directly associated with the interaction between teachers and
				students, including, but not limited to, salaries and benefits for teachers and
				paraprofessionals; costs for instructional materials and supplies; costs
				associated with classroom-related activities, such as field trips, physical
				education, music, and arts; and tuition paid to out-of-state school districts
				and private institutions for special needs students. This term shall not
				include costs for administration, plant operations and maintenance, food
				services, transportation, instructional support including media centers,
				teacher training, and student support such as nurses and guidance
				counselors.
(b)
Hardship
- an extreme situation which is solely responsible for a
				local school system's inability to meet the expenditure requirements. Such
				situations may include, but are not limited to, acts of God and inordinate
				unexpected increases in energy and fuel costs.
(c)
Total operating expenditures
- all operating expenditures incurred by a local school system during a fiscal
				year, including expenditures from federal, state, and local funds and from any
				other funds received by a local school system, such as student activity fees.
				This term shall not include capital outlay expenditures, debt or bond payments,
				interest on debt or bonds, facility leases, or rental payments. This term shall
				also not include any costs which are incurred by a local school system to
				comply with any mandate by statute or by the Georgia Department of Education
				effective on or after January 1, 2006, to add specific non-classroom staff
				positions.
(d)
Waiver
- a decision by the State Board of Education not to apply a state rule or law
				to a local school system that is subject to the rule or law.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-1 - REGIONAL EDUCATIONAL SERVICES › Rule 160-5-1-.36 - Local School Board Governance

Current through Rules and Regulations filed through June 27, 2024
(1)
DEFINITIONS.
(a)
Georgia Department of Education
				(GaDOE)
- the state agency charged with the fiscal and administrative
				management of certain aspects of K-12 public education, including the
				implementation of federal and state mandates. Such management is subject to
				supervision and oversight by the State Board of Education.
(b)
Immediate Family Member
- a
				spouse, child, sibling, or parent or the spouse of a child, sibling, or
				parent.
(c)
Local Board of
				Education
- a county or independent board of education exercising
				control and management of a local school system pursuant to Article VIII,
				Section V, Paragraph II of the Georgia Constitution.
(d)
Local Educational Agency
				(LEA)
- local school system pursuant to local board of education control
				and management.
(e)
Meeting
- a gathering of members of a board of education that is
				subject to the Georgia Open Meetings Act, O.C.G.A. §
										50-14-1, et. seq.
(f)
State Board of Education
				(SBOE)
- the constitutional authority which defines education policy for
				the public K-12 education agencies in Georgia.
(g)
Vacancy
- a position on a
				local board of education that is unoccupied and there is no incumbent who has a
				lawful right to the position. A vacancy may occur for any reason detailed in
				O.C.G.A. §
										45-5-1, including resignation or
				death, for any reason detailed in O.C.G.A. §
										20-2-51, or for any other reason
				provided by operation of general or local laws.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-2 - FISCAL SERVICES DIVISION › Rule 160-5-2-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. Const. 2-1402;
				  O.C.G.A. Secs.
				  20-2-14,
				  20-2-15,
				  20-2-16,
				  20-2-168(a),
				  20-2-1070,
				  45-12-91.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-2 - FISCAL SERVICES DIVISION › Rule 160-5-2-.02 - Withholding of Funds from Local Units of Administration

Current through Rules and Regulations filed through June 27, 2024
(1)
Requirements.
(a) If a local unit of administration fails
				to comply with provisions of law, rules, regulations, or terms of any contract
				with the state board, the state board may at its discretion withhold all or
				part of the state-contributed Quality Basic Education program funds allotted to
				that local unit until full compliance is met by the local unit.
(b) In the absence of federal regulations
				specifying procedures for withholding federal funds, the state board shall
				adhere to these rules when authorized to withhold federal funds.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-2 - FISCAL SERVICES DIVISION › Rule 160-5-2-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A Secs.
				  20-2-500, 20-2-502,
				  20-2-962.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-2 - FISCAL SERVICES DIVISION › Rule 160-5-2-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  20-2-168,
				  20-2-187,
				  20-2-212,
				  20-2-214.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-2 - FISCAL SERVICES DIVISION › Rule 160-5-2-.06 - Residential Facility Grant

Current through Rules and Regulations filed through June 27, 2024
(1)
PURPOSE.
(a) This rule is designed to provide grants
				to local units of administration and facilities serving eligible children, as
				defined in this Rule. Under the law, the local unit of administration of the
				school district in which such child is present shall be responsible for the
				provision of all educational programs, including special education and related
				services, at no charge as long as the child is physically present in the school
				district.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-2 - FISCAL SERVICES DIVISION › Rule 160-5-2-.11 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A Secs.
				  20-2-104,
				  20-2-960,
				  20-2-272 b, Chapter 4, Title
				  45.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-2 - FISCAL SERVICES DIVISION › Rule 160-5-2-.20 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  20-2-167(c),
				  20-2-180,
				  20-2-272.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-2 - FISCAL SERVICES DIVISION › Rule 160-5-2-.21 - Annual Financial and Budget Reports

Current through Rules and Regulations filed through June 27, 2024
(1)
REQUIREMENTS.
(a) Local units of administration shall
				submit an annual financial and budget report to the Georgia Department of
				Education.
1. The annual financial and budget
				report shall be submitted by a date prescribed by the Department unless an
				extension is granted.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-2 - FISCAL SERVICES DIVISION › Rule 160-5-2-.23 - Financial Management for Georgia Local Units of Administration

Current through Rules and Regulations filed through June 27, 2024
(1) Requirements.
(a) Local units of administration shall
				comply with procedures prescribed in the
Financial Management for
				Georgia Local Units of Administration
, copies of which are available
				from the department.
(b) Local
				units of administration shall adhere to generally accepted governmental
				accounting principles.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-2 - FISCAL SERVICES DIVISION › Rule 160-5-2-.50 - Certified/Classified Personnel Information

Current through Rules and Regulations filed through June 27, 2024
(1)
Requirements.
(a) Local units of administration shall
				comply with the department's
Certified/Classified Personnel Information
				(CPI) Guidelines and Documentation
as posted on the department's
				website. In compliance with the guidelines and time lines published by the
				department, local units of administration shall report for each employee in
				electronic form all information specified in the
Certified/Classified
				Personnel Information (CPI) Guidelines and Documentation.
(b) The Georgia Department of Education shall
				maintain the confidentiality of each employee's Social Security
				number.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.01 - Purchase of School Buses

Current through Rules and Regulations filed through June 27, 2024
(1)
REQUIREMENTS.
(a) Local school systems shall ensure that
				any school bus body and chassis purchased and/or used for the purpose of
				transporting public school students of Georgia to and from school conforms to
				the current Georgia School Bus Specifications, available from the
				department.
(b) In the purchase of
				school bus bodies and chassis local school systems shall either:
1. Purchase the school bus, body, or chassis
				in accordance with the provisions of a state-wide contract negotiated by the
				Georgia Department of Administrative Services; or
2. Purchase the school bus, body, or chassis
				in accordance with the purchasing policies and procedures of the school
				system.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.02 - Contracted Transportation Services

Current through Rules and Regulations filed through June 27, 2024
(1)
DEFINITIONS.
(a)
Governing Body
- the local
				board of education, governing board, or other entity responsible for the
				governance and oversight of a Local Educational Agency.
(b)
Local Educational Agency
				(LEA)
- a public authority legally constituted by the state as an
				administrative agency to provide control of and direction for kindergarten
				through grade 12 public educational institutions.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.03 - School Bus Inspections

Current through Rules and Regulations filed through June 27, 2024
(1)
Requirements.
(a) Local units of administration shall
				ensure that all school buses are inspected annually by the Department of Motor
				Vehicle Safety.
(b) Local units of
				administration maintenance or service personnel shall inspect all school buses
				monthly and record the results on forms provided by the Department of
				Education. A local form may be used in lieu of the department's form upon
				approval from the department.
(c)
				The local system superintendent shall notify the Department of Education in
				writing of any material or construction defect found in new school
				buses.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.04 - School Bus Insurance

Current through Rules and Regulations filed through June 27, 2024
(1) Requirement.
(a) The local board of education shall
				maintain the following minimum liability insurance coverage: $100,000 per
				person; $300,000 each accident; $50,000 property damage; and $5,000 medical and
				death payment.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  20-2-188,
				  20-2-411.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  40-2-35.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  20-2-188,
				  40-8-116
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.08 - School Bus Drivers

Current through Rules and Regulations filed through June 27, 2024
(1)
DEFINITIONS
.
(a)
Non-resident
- a person who
				has his or her place of residence in a state other than Georgia.
(b)
Physician
- a doctor of
				medicine or osteopathy licensed by the Georgia Composite Medical Board pursuant
				to Article 2, Chapter 34, Title 43 of the Official Code of Georgia
				Annotated.
(c)
Regular school
				bus driver (operator)
- a person who is a regularly employed driver
				(operator) and who is not on the substitute list.
(d)
Resident
- a person who has
				his or her place of residence in the state of Georgia.
(e)
School bus driver (operator)
- a person, appropriately licensed, who controls the operation of a
				school bus.
(f)
Substitute
				school bus driver (operator)
- a person who is not a regularly employed
				driver (operator).
(g)
School
				bus driver trainer
- a person who is responsible for the required
				initial training of school bus drivers.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.09 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  20-2-188.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.10 - Student Transportation Funding Surveys

Current through Rules and Regulations filed through June 27, 2024
(1)
PURPOSE
. The purpose of the
				student transportation funding survey is to determine bus needs for allotment
				purposes, ascertain standard costs for allotment purposes, enhance safety,
				improve services to pupils, and promote the efficient operation of school
				transportation service.
(2)
REQUIREMENTS
.
(a) State funds
				for student transportation shall be based on the participation of the local
				boards of education in the funding survey process by making essential data
				available to the Department which reflects providing student transportation
				services, using to the extent possible, the following criteria.
1. Regular transportation.
(i) Buses shall be routed as uniformly as
				practical, planned and operated with minimum bus mileage, avoid traveling empty
				and making excessive bus stops, and designed without excess spur routes. Every
				effort shall be made to avoid routing buses across railroads and expressways,
				unless the crossings are protected by proper traffic signals.
(ii) Bus routes shall, to the extent
				possible, be designed so as to use all required buses for a minimum of one and
				one-half hours each morning.
(iii)
				The standard walking distance to trunk bus routes shall not be more than
				one-half mile. In addition to the standard walking distance, walk route
				conditions, road conditions and satisfactory turnaround places shall be
				considered in planning spur routes.
(iv) School bus stops shall not be closer
				than one-tenth mile.
(v) The number
				of students living within one and one-half miles of their assigned school shall
				be included in the data submitted to the Department although it will not be
				used for the allotment of state funds.
(vi) The first morning trip of a bus shall
				begin where the first student is picked up and end at the school to which the
				students are delivered. The second trip shall begin at the school where the
				first load was delivered and end at the school where the second load is
				delivered. Additional trips shall be measured in like manner.
(vii) Bus routes shall end in the morning at
				the school where the last load is delivered.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.11 - Standard Cost Development

Current through Rules and Regulations filed through June 27, 2024
(1)
DEFINITIONS.
(a) Local Board of Education - a county or
				independent board of education exercising control and management of a local
				school system pursuant to Article VIII, Section V, Paragraph II of the Georgia
				Constitution.
(b) State Board of
				Education - the constitutional authority which defines education policy for the
				public K-12 education agencies in Georgia.
(c) Georgia Department of Education
				(GaDOE)-the state agency charged with the fiscal and administrative management
				of certain aspects of K-12 public education.
(d) Georgia Environmental Protection Division
				(EPD)- the state agency charged with protecting and restoring Georgia's
				environment through clean air and water initiatives, and through partner
				collaboration.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.12 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  20-2-188.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.13 - Student Safety

Current through Rules and Regulations filed through June 27, 2024
(1)
Requirements.
(a) Local units of administration shall
				ensure that students receive instruction annually in safe riding practices and
				emergency evacuation.
(b) The
				loading limit for any school bus shall not exceed 120 percent of the
				manufacturer's rated seating capacity of the bus.
(c) Local units of administration shall
				ensure that audio speakers used for music or entertainment are not located in
				the driver's compartment of the school bus. All above-mentioned speakers on
				existing buses shall be disconnected or removed.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.14 - Fuels and Explosives

Current through Rules and Regulations filed through June 27, 2024
(1) Requirements.
(a) School systems shall ensure that no
				explosive or combustible materials are transported on a public school bus at
				any time. This includes gasoline, diesel fuel, gasohol, dynamite caps, bullets,
				gun powder or any material of this nature.
(b) Only law enforcement or school officials
				authorized by law may have weapons on a public school bus.
(c) Local school systems shall ensure that no
				student is on a school bus when it is being fueled.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.15 - Alcohol and Controlled Substances Testing

Current through Rules and Regulations filed through June 27, 2024
(1) Definition.
(a) Employee engaged in safety-sensitive
				function - an employee of a local school system who holds a Commercial Driver's
				License (CDL) and who also operates or has reason to move a school bus or other
				commercial vehicle. Employees engaged in safety-sensitive functions include,
				but are not limited to, mechanics, school bus drivers, substitute school bus
				drivers, maintenance workers, coaches, teachers, and administrators.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.16 - Bus Transportation Records

Current through Rules and Regulations filed through June 27, 2024
(1)
Requirements.
(a) Each local school system (LSS) shall
				annually submit electronically to the Department by the end of the first full
				week in March a completed
Transportation Records and Best Practices
				Assessment.
This assessment instrument shall be signed by the local
				school superintendent.
(b) The
				Department shall conduct an on-site assessment of the student transportation
				system of every school system every five years, or more frequently if requested
				by the local school system or if the Department perceives that student safety
				is jeopardized.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-3 - STUDENT TRANSPORTATION MANAGEMENT › Rule 160-5-3-.17 - Use of Alternative Vehicles for the Transport of Specified Student Groups

Current through Rules and Regulations filed through June 27, 2024
(1)
DEFINITIONS.
(a)
Eight-Passenger Vehicles
-
				motor vehicles with a factory-designed maximum capacity of eight persons and
				not less than five persons used to transport students who either (1) have
				transportation needs documented in their Individualized Education Program or
				(2) may currently lack, or during the previous academic year lacked, a fixed,
				regular, and adequate nighttime residence as described under the McKinney-Vento
				Homeless Assistance Act, 42
				U.S.C. Section 11301, et seq.
(b)
Governing Body
- the local
				board of education, governing board, or other entity responsible for the
				governance and oversight of a Local Educational Agency.
(c)
Local Educational Agency
				(LEA)
- a public authority legally constituted by the state as an
				administrative agency to provide control of and direction for kindergarten
				through grade 12 public educational institutions.
(d)
Non-resident
- a person who
				has his or her permanent home or abode in a state other than Georgia.
(e)
Physician
- a Doctor of
				Medicine or osteopathy licensed by the Georgia Composite Medical Board pursuant
				to Article 2, Chapter 34, Title 43 of the Official Code of Georgia
				Annotated.
(f)
Resident
- a person who has his or her permanent home or abode in
				the state of Georgia.
(g)
Driver (operator)
- a person, appropriately licensed and trained,
				who controls the operation of an Eight-Passenger Vehicle used in the transport
				of specific student groups.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.01 - Educational Facilities Construction Plan (Local Facilities Plan)

Current through Rules and Regulations filed through June 27, 2024
(1)
Definition.
(a) Educational
				Facilities Construction Plan (commonly known as a Local Facilities Plan or
				five-year Facilities Plan and referred to in this rule as Facilities Plan) - a
				study of a local school system's present educational facilities and a five-year
				forecast of facility needs.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.02 - Capital Outlay Entitlement, Funding Requests, And Required Local Participation

Current through Rules and Regulations filed through June 27, 2024
(1)
DEFINITION.
(a)
Regular entitlement
- a
				school system's annual share of the state's capital outlay entitlement
				authorized by the Georgia General Assembly for regular capital outlay purposes.
				This is computed by multiplying the annual authorization level by the ratio of
				the local need to the total state need as determined by the Local Facilities
				Plans (LFP).
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.03 - Applications for State Capital Outlay Funding

Current through Rules and Regulations filed through June 27, 2024
(1)
REQUIREMENTS.
(a) Before an application may be submitted
				for a project, a Local Educational Agency (LEA) shall have a Local Facilities
				Plan (LFP) approved by the state board, and the project must be included in the
				approved LFP.
(b) A local board of
				education shall submit capital outlay applications that contain:
1. The proposed facilities improvements
				coordinated with the instructional program as outlined in the LFP.
2. Cost estimates adjusted to current
				construction costs as necessary.
3.
				The instructional and support space needs for each facility priority.
4. The estimated construction start date.
Note: A construction contract cannot be issued before the
				  funding application has been approved by the Georgia Department of Education
				  (GaDOE) and signed by the local education agency's (LEA) superintendent and
				  board chairperson.
(c) The LEA, with verification of the GaDOE,
				shall make adjustments if there has been an increase or decrease in the total
				projected FTE since the local facilities plan was approved, prior to submitting
				an application.
(d) LEAs requesting
				state funds for capital outlay projects as provided in O.C.G.A. §
										20-2-260 or §
										20-2-262 shall submit the
				application on forms furnished by the GaDOE no later than August 15 of the year
				preceding the fiscal year for which the funds are requested with the following
				attachments.
1. The LEA's Certificate of Title
				(or a copy of the warranty deed) for each school site.
2. Letter of Assurance from the Flood Plain
				Management Coordinator of the Georgia Department of Natural Resources that the
				site is not in the 100-year flood plain or coastal high hazard area.
3. Copy of the 25-year across-system
				contract, if applicable.
(e) When the total space needs in a proposed
				project application exceed the space required for a given population as
				reflected in the local facilities plan, the application shall be approved only
				if additional local funds are provided to cover the cost of the project for the
				space in excess of that required by state formula.
(f) More than one priority project may be
				included in a LEA's regular capital outlay application if the entitlement plus
				the required local amount, is sufficient to cover the cost of the multiple
				projects. LEAs shall give priority to elementary school construction
				projects.
(g) When making
				application, a LEA shall have the required local amount in its current approved
				budget as a line item or in the capital outlay account. Combinations of fund
				sources may be used to equal the required local amount.
(h) Portable units shall not be accepted as a
				state funded project in any capital outlay application under this
				program.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.04 - Special Appropriation for Public School Capital Outlay

Current through Rules and Regulations filed through June 27, 2024
(1)
DEFINITIONS.
(a)
Capital Outlay
-
				expenditures which result in the acquisition of fixed assets, improvements to
				sites, construction of buildings, construction of additions to buildings,
				retrofitting of existing buildings for energy conservation, renovation and
				modification of existing buildings, initial and additional equipment, and
				furnishings for K-12 educational facilities. For the purposes of the special
				appropriation, expenditures for the acquisition of property, swimming pools,
				tracks, stadiums, and other facilities or portions of facilities used primarily
				for athletic competition, non-permanent instructional units, and the central
				and area administrative offices of local units of administration shall be
				excluded.
(b)
Facilities
				Inventory
-represents all existing instructional units meeting minimum
				state requirements used in the delivery of the K-12 instructional program
				planned by the school system plus any instructional unit(s) planned (or
				currently under construction) for which local, state, or federal funding is
				available.
(c)
Instructional
				Units Earned
- refers to the number of instructional units(IUs) that
				should be available to provide adequate school facilities to deliver the
				approved K-12 instructional programs planned at a school based on the grade
				configuration and the student population at the school. The number of IUs
				earned at each school shall be derived from the applicable IU allocation chart
				provided by the Department.
(d)
Instructional Units Needed
-The number of instructional units
				needed at each school is determined by subtracting the number of units earned
				from the number of instructional units currently available and/or the number of
				instructional units for which funding is currently available.
(e)
Special Appropriation for Public
				School Capital Outlay
- Special appropriation for public school capital
				outlay refers to any appropriation of state funds authorized for public school
				capital outlay activities in addition to the appropriations approved for
				capital outlay projects under the provisions of O.C.G.A. §
										20-2-260 and O.C.G.A. §
										20-2-262.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.05 - Regular Advance and Low-Wealth Funding

Current through Rules and Regulations filed through June 27, 2024
(1)
REQUIREMENTS.
(a) A local school system shall meet the
				following conditions to qualify for regular advance funding.
1. The school system shall have a current
				approved facilities plan in which the advance funded project is identified as
				the next priority.
2. The requested
				project will require a minimum of five years of regular capital outlay program
				entitlement earnings after regular accumulated entitlement has been deducted to
				construct the project.
3. The
				system shall have no remaining entitlement due on previous advance funded or
				low-wealth projects.
4. The project
				applied for shall not be in addition to other projects funded in a given year
				under the regular capital outlay program.
5. Regular advance funding applications shall
				be for only one project as required by law.
6. School systems seeking regular advance
				funding for across-system-line schools shall be required to utilize up to five
				year's combined entitlements.
7.
				Systems applying for regular advance funding for an across-system-line school
				shall have executed a 25 year contract as specified by law.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  20-2-260.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  20-2-260.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.08 - School Size

Current through Rules and Regulations filed through June 27, 2024
(1)
Requirements.
(a) School systems shall be eligible to
				receive full funding under the capital outlay program when they have met the
				requirements of law regarding the minimum school size and system organizational
				pattern.
(b) Capital outlay program
				participation by local school systems shall be limited to administrative units
				with not less than 200 FTE in any single grade or combination of grades K-8 for
				elementary schools or not less than 400 FTE in any single grade or combination
				of grades 4-8 for middle schools or not less than 500 FTE in any single grade
				or combination of grades 9-12 for high schools.
(c) Local school systems with schools below
				the minimum size shall be eligible for capital outlay participation when they
				meet or exceed the allowable variations of size as described in this rule under
				one of the following conditions:
1. When the
				FTE is 100 percent of the system's population.
2. When sizes are approved as a result of a
				consolidation feasibility study.
(d) If a system chooses to continue the
				operation of schools below the minimum size, the school or schools in question
				shall be excluded from all calculations involving the allotment of state
				capital outlay funds. The school system shall include as a part of the local
				facility plan a statement that the system assumes the responsibility for
				providing an instructional program and physical facilities essentially
				comparable to those offered at the other schools of the same grade level in the
				system. The school shall be listed in the system's order of priorities with all
				construction needs identified.
(e)
				Under the Capital Outlay Program, entitlement earnings and funding levels are
				based on the minimum square footage requirements established for the grade
				configuration specified in the system's Local Facilities Plan and any
				subsequent application for state funding approved by the local board of
				education and the State Board of Education. If a school system decides to
				reorganize to a different grade configuration with a lower square footage
				requirement after entitlement has been earned or state funds have been
				appropriated to construct the school, entitlement earnings or state funds shall
				be adjusted to reflect the lower square footage requirements.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.09 - Limited Public School Choice

Current through Rules and Regulations filed through June 27, 2024
(1)
Definition.
(a)
Excessive travel time and distance
-
1. The actual transportation time one
				way (on a school bus) to the school where the student has been assigned takes
				forty-five minutes longer than the transportation time (on a school bus) to the
				closer school where the student wants to be reassigned; or
2. The actual transportation distance one way
				(via the school bus route) to the school where the student has been assigned is
				at least 15 miles farther than the distance to the closer school where the
				student wants to be reassigned.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.10 - Approval of Plans and Specifications

Current through Rules and Regulations filed through June 27, 2024
(1)
Requirements.
(a) Local school systems constructing new
				schools or additions to existing schools or modifying existing schools that are
				to be used for instruction or for housing students in connection with student
				activities shall meet minimum requirements and standards as provided in Rule
				160-5-4-.16 Design and Construction
				Standards and Construction Costs.
(b) Local school systems shall obtain the
				services of architects and engineers who hold current Georgia registration to
				design all school facility construction and/or modification.
1. The local school system shall obtain
				approval for all plans and specifications from the department, State Fire
				Marshal, and Georgia Department of Human Resources or any other state or
				federal agency as may be applicable.
(c) Facilities constructed prior to July 1,
				1981, but after 1952, that do not meet the requirements and standards in Rule
				160-5-4-.16 Design and Construction
				Standards and Construction Costs are exempt from the rule, provided the plans
				and specifications have been previously approved by the department and the
				appropriate occupancy permits have been issued by the state fire marshal.
1. Local school systems having buildings or
				classrooms constructed after July 1, 1981, without approved plans and
				specifications in accordance with this rule, shall be in violation of state
				law, and the local school system shall be responsible for bringing these
				facilities into compliance with the rules, regulations, standards, and safety
				codes that were in effect at the time of construction.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.11 - Design Contracts and Fees

Current through Rules and Regulations filed through June 27, 2024
(1)
DEFINITIONS.
(a)
Design Professional
- an
				architect; civil structural engineer, mechanical engineer, electrical engineer,
				plumbing engineer, or heating, ventilating, and air conditioning (HVAC)
				engineer; interior designer; landscape architect; or other professional whose
				services require licensing and registration by the state.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.12 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  20-2-260.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.13 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  20-2-260.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.14 - Sparsity Grant

Current through Rules and Regulations filed through June 27, 2024
(1) REQUIREMENTS.
(a) When a school system meets all the
				requirements stated in O.G.C.A. §
										20-2-292 and its annual average
				FTE continues to remain below the following sizes, the calculation of the
				system's sparsity grant for each subsequent year will be based on the increase
				or decrease in the system's FTE after the original feasibility study was
				completed.
1. Elementary School - 450
				FTE.
2. Middle School - 624
				FTE.
3. High School - 485
				FTE.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.16 - Educational Facility Site, Construction, and Reimbursement

Current through Rules and Regulations filed through June 27, 2024
(1)
REQUIREMENTS.
(a) Approval of all sites to be used for
				instructional purposes, design of all new educational facilities, additions,
				renovations, and modifications to all existing educational facilities,
				reimbursement of state funds for approved funded projects, and the process for
				closing an educational facility shall be in accordance with all applicable
				provisions and requirements of the latest editions of Guidelines available from
				the department.
1. Guideline for Compliance
				with the Standards and Criteria of the National Flood Insurance Program
				(Amended May 10, 2012)
2. Guideline
				for Educational Facility Construction (Amended November 6, 2014)
3. Guideline for Submission of Documents for
				Review of Planning, Bidding, and Construction of Educational Facilities
				(Amended May 10, 2012)
4. Guideline
				for Square Footage Requirements for Educational Facilities (Amended May 10,
				2012)
5. Guideline for Risk Hazard
				Assessment of Educational Facility Sites (Amended May 10, 2012)
6. Guideline for Educational Facility Site
				Selection (Amended May 10, 2012)
7.
				Guideline for Construction Reimbursement Rates (Amended May 10, 2012)
8. Guideline for Receiving State Capital
				Outlay Funds (Amended May 10, 2012)
9. Guideline for Closing an Educational
				Facility (Amended May 10, 2012)
10.
				Guideline for Reimbursement of State Funded Projects (Amended May 10,
				2012)
11. Guideline for Low Wealth
				Applications (Amended August 22, 2019)
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.17 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.G.C.A. Secs.
				  20-2-260,
				  20-2-261.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.18 - Bidding Requirements for School Capital Outlay Projects

Current through Rules and Regulations filed through June 27, 2024
(1)
DEFINITIONS.
(a)
Design/bid/build
- a construction delivery method that involves
				securing competitively bid lumpsum construction. Contracts are based on
				complete and prescriptive contract documents prepared by architects and
				engineers and made up of drawings, specifications, and supporting information.
				The design-bid-build/lumpsum (or stipulated sum) delivery system, uses
				competitive bidding among general contractors, with performance/payment bonds,
				and various other statutory requirements and State Board of Education rules
				being employed to protect the owner's investments. While bidders may be asked
				to prequalify, the procurement process must be a competitive sealed bid, with
				the price being the only factor, subject to the bidder showing it is both
				responsible and its bid is responsive to the solicitation.
(b)
Construction Manager/General
				Contractor at Risk
- a construction delivery method that allows the
				owner to (1) hire a construction manager at any time during the project
				pre-design phase. The construction manager and the architect/engineer work
				together to develop and estimate costs for the design. A guaranteed maximum
				price is provided by the construction manager at risk who then receives
				proposals and awards contracts to subcontractors; or (2) hire a general
				contractor after the completion of the design phase. The procurement process
				for the construction manager or general contract or must be a competitive
				qualifications selection. Following a procedure similar to that contained in
				O.C.G.A.§
										36-91-20
et seq.
is acceptable.
(c)
Design/Build
- a construction delivery method where in the builder
				and the architect are one entity hired to deliver the project. A guaranteed
				maximum price is usually furnished in the beginning of the project based upon
				the design criteria prepared by the Client. The procurement process must be a
				competitive qualifications-based selection. Following a procedure similar to
				that contained in O.C.G.A. §
										36-91-20
et seq.
is acceptable.
(d)
Construction Management Services
- an individual, company, or firm
				that represents the governmental agency in an administrative and oversight
				capacity of a construction project. Construction Management Services are
				intended to cover the services of a Construction Manager Agent not at risk,
				Construction Manager, and Program Manager. The procurement process must be a
				competitive qualifications-based selection. Following a procedure similar to
				that contained in O.C.G.A. §
										36-91-20
et seq.
is acceptable.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.19 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.G.C.A. Secs.
				  20-2-260.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.20 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  20-2-260.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.21 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  20-2-260.
Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-4 - SCHOOL FACILITIES AND CAPITAL OUTLAY MANAGEMENT › Rule 160-5-4-.22 - Guaranteed Energy Savings Performance Contracts for Public School Facilities

Current through Rules and Regulations filed through June 27, 2024
(1)
DEFINITIONS.
(a)
Guaranteed energy savings
				contract
- a contract executed pursuant to O.C.G.A. §
										50-37-3 between a local board of
				education and a qualified energy service provider for evaluation,
				recommendation, and implementation of one or more energy conservation measures
				which shall include, at a minimum, the design and installation of equipment
				and, if applicable, operation and maintenance of any of the measures
				implemented, and guaranteed annual savings which must meet or exceed the total
				annual contract payments made by the governmental unit for such contract,
				including financing charges to be incurred by the governmental unit over the
				life of the contract.