Quality Basic Education Act of Georgia

QUALITY BASIC EDUCATION ACT OF GEORGIA
1992 EDITION
WERNER ROGERS STATE SUPERINTENDENT OF SCHOOLS GEORGIA DEPARTMENT OF EDUCATION
ATLANTA, GEORGIA 30334-5010
THE MICHIE COMPANY
CHARLOTTESVILLE, VIRGINIA
1992

QUALITY BASIC EDUCATION ACT OF GEORGIA
1992 EDITION
WERNER ROGERS STATE SUPERINTENDENT OF SCHOOLS GEORGIA DEPARTMENT OF EDUCATION
ATLANTA, GEORGIA 30334-5010
THE MICHIE COMPANY
CHARLOTTESVILLE, VIRGINIA
1992

~,
COPYRIGHT 1984, 1987, 1989, 1990, 1992
BY STATE OF GEORGIA
All rights reserved.

Quality Basic Education Act of Georgia

TITLE 20
EDUCATION
CHAPTER 2
ELEMENTARY, SECONDARY, AND ADULT EDUCATION
Article 6
Quality Basic Education
PART 1
SHORT TITLE AND PURPOSE
Sec. 20-2-130. Short title. 20-2-131. Objectives and purposes of program. 20-2-132. Primary goals of article. 20-2-133. Free public instruction; exceptions; eligi-
bility; implications of custody of child; custodial notification of local unit of administration of child's location; transfer and utilization of child's records; funding.
PART 2
COMPETENCIES AND CORE CURRICULUM
20-2-140. State Board of Education to establish competencies and uniformly sequenced core curriculum.
20-2-141. Review of competencies and core curriculum.
20-2-142. Prescribed courses - Development and dissemination of instructional materials on effect of alcohol.
20-2-143. Sex education and AIDS prevention instruction; implementation; student exemption.
20-2-144. Mandatory instruction concerning alcohol and drug use.
PART 3
EDUCATIONAL PROGRAMS
20-2-150. Eligibility for enrollment. 20-2-151. General and career education programs;
purpose; authorized programs. 20-2-151.1. American Sign Language as foreign lan-
guage for college preparatory curriculum and for Carnegie unit elective credits. 20-2-152. Special education services. 20-2-153. Special instructional assistance program f?r students with developmental deficien-
CieS.
20-2-154. Remedial education program. 20-2-155. School climate management program;
model codes of behavior and discipline; inschool suspension program. 20-2-156. Program for limited-English-proficient students.

PART 4
FINANCING
Sec. 20-2-160. Determination of enrollment by institu-
tional program; determination of funds to be appropriated. 20-2-161. Quality Basic Education Formula. 20-2-161.1. Enrollment in postsecondary courses; ac-
ademic credit; secondary options grant account. 20-2-161.2. Youth Apprenticeship Program; policies, standards, criteria, procedures, and administrative requirements; pilot projects. 20-2-162. Annual recalculation of amount of funding; midterm adjustment. 20-2-163. Contract with adjoining local school system [Repealed]. 20-2-164. Local fair share funds. 20-2-165. Equalization grants; annual calculation; allocation. 20-2-166. State funds; calculation; allotment; distribution. 20-2-167. Funding for direct instructional costs, media center costs, and staff development costs; computerized uniform budget and accounting system; submission of local budget to state board. 20-2-168. Distribution of federal funds; combined purchase of supplies and equipment; minimum school year; summer school programs; year-round operation. 20-2-169. Receipt of federal funds for career, occupational, or technical education. 20-2-170. Authority to withhold payment of bonded indebtedness from appropriation.
PART 5
PROGRAM WEIGHTS AND FUNDING
REQUIREMENTS
20-2-180. Essential educational resources as basis for base amount and program weights.
20-2-181. Calculation of program weights to reflect base school size.
20-2-182. Program weights to reflect funds for payment of salaries and benefits.
20-2-183. Program weights to reflect funds for maintenance and operation of facilities.
20-2-184. Program weights to reflect funds for media specialists.
20-2-185. Program weights to reflect funds for salaries for principals and secretaries.
20-2-186. Program weights to reflect funds for salaries of superintendents, visiting teachers, special education leadership personnel and school psychologists and psychometrists.
20-2-187. State-wide school lunch program; instruction in nutrition, hygiene, etiquette, and social graces; school food and nutrition personnel.
20-2-188. Student transportation.

1

;,; 1.2.4

ELEMENTARY, SECONDARY, ETC., EDUCATION

PART 6
EMPLOYMENT
Subpart 1

Sec. 20-2-251. Demonstration programs. 20-2-252. Electronic technology. 20-2-253. Incentive awards. 20-2-254. Educational research.

Certificated Professional Personnel

PART 10

Sec. 20-2-200. Regulation of certificated professional per-
sonnel by Professional Standards Commission; certification requirement; application

CAPITAL OUTLAY FUNDS
20-2-260. Capital outlay funds generally. 20-2-261. Common minimum facility requirements.

fees. 20-2-201. Specific course requirements; in-service or

PART 11

continuing education.
20-2-202. Life certificates. 20-2-203. Validity period for renewable certificates.

REGIONAL EDUCATIONAL SERVICE AGENCIES

20-2-204. Paraprofessionals and aides.
Subpart 2 Conditions of Employment
20-2-210. Annual performance evaluation. 20-2-211. Annual contract; disqualifying acts; job
descriptions.

20-2-270. Establishment of state-wide network. 20-2-271. Establishment of service areas. 20-2-272. Agency board of control; membership;
powers and duties; planning boards. 20-2-273. Agency directors and staff. 20-2-274. Financing agency expenses and programs.
PART 12

20-2-212. Salary schedules. 20-2-212.1. Increase in state salary of person selected
as Georgia Teacher of the Year.
20-2-213. Career ladder programs. 20-2-213.1. Pay-for-performance for rewarding group
activity. 20-2-214. Salary supplements. 20-2-215. "In loco parentis" status of aides and
paraprofessionals. 20-2-216. Substitute teachers. 20-2-217. Professional and staff development sti-

EFFECTIVENESS OF EDUCATIONAL PROGRAMS
20-2-280. Long-term strategic plans. 20-2-281. Assessment of effectiveness of educational
programs. 20-2-282. Comprehensive evaluation of public
schools, local systems, and regional agencies; reports. 20-2-283. Corrective plans for nonstandard units and schools; review and evaluation.

pends. 20-2-218. Duty-free lunch period for part-time
teachers employed in grades K-5; exchange of lunch period for compensation or other benefit; length of school day not to be affected; exemption from Code section for extenuating circumstances; funding. 20-2-219. Payroll deduction services provided by local units of administration.

PART 13
ORGANIZATION OF SCHOOLS AND SYSTEMS
20-2-290. Organization of schools. 20-2-291. Financing construction of facilities for vol-
untary consolidation. 20-2-292. Sparsity grants. 20-2-293. Student attending school in system other
than system of student's residence.

PART 7
STAFF DEVELOPMENT

PART 14
OTHER EDUCATIONAL PROGRAMS

20-2-230. Programs. 20-2-231. Georgia Education Leadership Academy. 20-2-232. Development of plan by local school sys-
tem.
PART 8
STATE BOARD OF EDUCATION
20-2-240. Powers and duties. 20-2-241. State School Superintendent. 20-2-242. Local school systems; local units of admin-
istration; local governing bodies. 20-2-243. Withholding funds for failure to comply
with this article.
PART 9
GRANTS FOR EDUCATIONAL PROGRAMS
20-2-250. Projects to improve effectiveness.

20-2-300. Implementation and funding authorized. 20-2-301. Coordinating Committee for Exceptional
Individuals. 20-2-302. Funds for operation of schools for deaf and
blind. 20-2-303. Educational television. 20-2-304. Environmental education, recycling, and
composting awareness. 20-2-305. County and regional libraries. 20-2-306. Honors program; residential high school
program. 20-2-307. Youth camps; food-processing and young
farmers programs. 20-2-308, 20-2-309. [Reserved]. 20-2-310. Student directory information; registering
to vote and with selective service; pledge of
allegiance. 20-2-311. State Board of Postsecondary Vocational
Education [Repealed].

2

EDUCATION

PART 15
MISCELLANEOUS PROVISIONS
Sec. 20-2-320. Quality Basic Education Program task
force; state-wide comprehensive educational information network.

Sec. 20-2-321. Expense record requirements. 20-2-322. Unfunded programs and activities. 20-2-322.1. Environmental Education Council.

3

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-131

ARTICLE 6 QUALITY BASIC EDUCATION

right to an education, state cannot arbitrarily withdraw the right. Wells v. Banks, 153 Ga. App. 581, 266 S.E.2d 270 (1980).

Editor's notes. - Ga. L. 1985, p. 1657, 1, effective July 1, 1986, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of ten parts as follows: Part 1, 20-2-130,20-2-131; Part 2, 20-2-150, 20-2-151, 20-2-151.1, 20-2-152 through ':'0-2-164; Part 3, 20-2-180 through 20-2-190; Part 4, 20-2-200 through 20-2-208; Part 5, 20-2-220 through 20-2-230; Part 6, 20-2-240; Part 7, 20-2-250; Part 8, 20-2-260 through 20-2-264; Part 9, 20-2-280 through 20-2-285, 20-2-285.1, 20-2-286 through 20-2-299; and Part 10, 20-2-310, 20-2-311.
The former article was based on the following Acts: Ga. L. 1974, p. 1045, 1-5, 7-58, 60-72, 74; Ga. L. 1975, p. 35, 1,2; Ga. L. 1975, p. 181, 1,2; Ga. L. 1975, p. 369, 1; Ga. L. 1975, p. 539, 1, 3-33, 35; Ga. L. 1975, p. 685, 1; Ga. L. 1975, p. 812, 1; Ga. L. 1975, p. 1139, 1; Ga. L. 1975, p. 1537, 1; Ga. L. 1976, p. 271, 1; Ga. L. 1976, p. 506, 2; Ga. L. 1976, p. 1385, 1; Ga. L. 1977, p. 972, 2; Ga. L. 1977, p. 984, 1; Ga. L. 1977, p. 986, 1,3; Ga. L. 1977, p. 988, 1,2; Ga. L. 1977, p. 997, 1,2; Ga. L. 1977,p. 1001, 1; Ga.L. 1977,p. 1003, 1; Ga. L. 1978, p. 917, 1; Ga. L. 1978, p. 990, 2; Ga. L. 1978, p. 996, 1; Ga. L. 1978, p. 1146, 1; Ga. L. 1978, p. 1485, 1; Ga. L. 1978, p. 1486, 1; Ga. L. 1978, p. 2034, 1; Ga. L. 1978, p. 2037, 1; Ga. L. 1978, p. 2039, 1; Ga. L. 1978, p. 2040, 1; Ga. L. 1978, p. 2058, 1; Ga. L. 1979, p. 649, 1; Ga. L. 1979, p. 657, 2; Ga. L. 1979, p. 665, 1, 2; Ga. L. 1979, p. 1055, 1; Ga. L. 1979, p. 1077, 1; Ga. L. 1979, p. 1279, 1-3; Ga. L. 1980, p. 448, 1; Ga. L. 1980, p. 450, 1; Ga. L. 1980, p. 465, 3; Ga. L. 1980, p. 645, 8; Ga. L. 1980, p. 698, 1; Ga. L. 1980, p. 766, 1; Ga. L. 1980, p. 1010, 1; Ga. L. 1980, p. 1413, 1-9; Ga. L. 1981, p. 667, 1; Ga. L. 1981, p. 774, 1; Ga. L. 1981, p. 1565, 1; Ga. L. 1982, p. 3, 20; Ga. L. 1982, p. 603, 1; Ga. L. 1982, p. 776, 1, 2; Ga. L. 1982, p. 1110, 1, 2; Ga. L. 1983, p. 3, 16; Ga. L. 1983, p. 745, 1; Ga. L. 1983, p. 804, 2; Ga. L. 1983, p. 1218, 1; Ga. L. 1983, p. 1429, 1; Ga. L. 1984, p. 643, 1; Ga. L. 1985, p. 149, 20; Ga. L. 1985, p. 283, 1; Ga. L. 1985, p. 708, 2.
JUDICIAL DECISIONS
Having extended to all children in Georgia the

PART 1
SHORT TITLE AND PURPOSE
Cross references. - Adequate public education declared a primary obligation of state, to be funded by taxation, Ga. Const. 1983, Art. VIII, Sec. I, Para. I.
20-2-130. Short title.
This article shall be known and may be cited as the "Quality Basic Education Act." (Code 1981, 20-2-130, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169,
l.)
Editor's notes. - Section 1 of Ga. L. 1987, p. 1169, effective July 1, 1987, reenacted this Code section without change.
20-2-131. Objectives and purposes of program.
The General Assembly of Georgia, recognizing the need for:
(1) Implementing a quality basic education curriculum in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen;
(2) Providing all children and youth in Georgia with access to a quality program which supports their develop-

51

20-2-132

EDUCATION

ment of essential competencies in order

that they may realize. their pote!1tial;

(3) Providing an eqUItable pubhc edu-

cation finance structure which ensures

that every student has an opportunity

for a quality basic education, regardless

of where the student lives, and ensures

that all Georgians pay their fair share of

this finance structure;

(4) Establishing and maintaining

state-wide standards which ensure that

each student has access to a quality

program;

.

.

(5) Making teachmg an attractIve and

rewarding profession in order to attract,

treentatipn~rasnondnefullilny

utilize highly compeall public schools of the

state;

(6) Providing effective staff develop-

ment and attractive incentive programs

which will motivate public school per-

sonnel to enhance their competencies

and perform to their potential through-

out their career;

(7) Providing local school systems

with the incentives, resources, and tech-

nical assistance they need to plan and

implement improvements in their pro-

grams on a continuing basis;

(8) Providing parents and the ge~eral

public with information on the quahty of

schools and the achievement of the pub-

lic school students in Georgia;

(9) Providing appropriate school facil-

ities in which quality educational pro-

grams can be offered, particularly in the

small and sparsely populated school sys-

tems; and

(10) Providing a means whereby the

foregoing might be .met in order. to

provide an ?pportumty (OF a quahty

basic educatlOn to the CItIzens of the

state and to discharge the responsibili-

ties and obligations of the state to en-

sure a literate and informed society

does establish the Quality Basic Educ.ation

Program. It is declared to be the P?hcy of

this state to assure that each GeorgIan has

access to quality instruction, as defined in

this article, designed to improve upon a

student's learning capacity. It is further

declared that no student shall be refused

admission into or be excluded from any

public school in the state on account of

race, creed, color, or national origin. (Code

1981, 20-2-131, enacted by Ga. L. 1985,

p. 1657, 1; Ga. L. 1987, p. 1169, 1.)

JUDICIAL DECISIONS

to quality education, and the erroneous re~ortin~ of .a passing grade could contravene that pubhc pohcy if an unqualified teacher were employed. However, although the negligent reporting of a failing score could keep a qualified teacher out of the classroom, student access to quality education would not be impaired so long as other qualifie~ teachers are available. Harris v. National Evaluation Sys., 719 F. Supp. 1081 (N.D. Ga. 1989), affd, 900 F.2d 266 (11th Cir. 1990).
Exculpatory clause which teacher signed prior to competency examination. - Exculpatory clause in a form signed by a teacher prior to taking a teacher competency examination barred her negligence claim against the testing service after a computer error had resulted in the reporting of a failing score. Harris v. National Evaluation Sys., 719 F. Supp. 1081 (N.D. Ga. 1989), affd, 900 F.2d 266 (11th Cir. 1990).
RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 5. C.J.S. - 78 C.J.S., Schools and School Districts, 12, 13.
20-2-132. Primary goals of article.
It is the intent of the General Assembly that the primary goals of this article shall be as follows:
(1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction;
(2) A decrease in the percentage and number of students who enter school but drop out prior to graduation;
(3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty;
(4) A decrease in the percentage of students who fail the State Basic Skills Test in the tenth grade;
(5) A significant increase in the test scores of Georgia students who take the Scholastic Aptitude Test (SAT); and
(6) An increase in the number of students mastering each skill in re.ading, mathematics, and other subject areas. (Code 1981, 20-2-132, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1.)
20-2-133. Free public instruction; exceptions; eligibility; implications of custody of child; custodial notification of local unit of administration of child's location; transfer and utilization of child's records; funding.

Teacher competency test scores must be reo (a) Admission to the instructional froported accurately in order to assure student access grams funded under this article shal be

52

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. JAb.

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-133

free to all eligible children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of
this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the
State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local fair share funds required
pursuant to Code Section 20-2-164; provided, further, that no child placed by the Department of Children and Youth Services or the Department of Human Resources or any of its divisions in a facility
by or under contract with the Department of Children and Youth Services or the Department of Human Resources who re-
mains in that facility for more than 60 continuous days and no child who is a patient in a facility licensed by this state to deliver intermediate care for the mentally retarded who remains in that facility
for more than 60 continuous days as described in paragraph (1) of subsection (b)
of this Code section and no child who is in the physical custody of the Department of Children and Youth Services or the Department of Human Resources or any of its divisions pursuant to a court order granting temporary or permanent custody as described in paragraph (2) of subsection (b) of this Code section shall be charged tuition, fees, or a combination thereof. A local school system is further authorized to contract with a nonresident student's system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students.
(b) (1) Except for a child who is in the physical custody of the Department of Children and Youth Services or the Department of Human Resources or any of its divisions and who receives services from a local unit of administration pursuant to paragraph (2) of this subsection,

any child placed by the Department of Children and Youth Services or the Department of Human Resources or any of its divisions in a facility operated by or under contract with the Department of Children and Youth Services or the Department of Human Resources who remains in that facility for more than 60 continuous days and any child who is a patient in a facility licensed by the State of Georgia to deliver intermediate care for the mentally retarded and which follows the federal regulations for intermediate care for the mentally retarded, who has been determined as appropriate for that level of care by the Department of Medical Assistance or its designee, who has been admitted to such facility after evaluation and recommendation by developmental service teams of the Department of Human Resources, and who remains in that facility for more than 60
continuous days shall be treated by the local unit of administration of the school
district in which the facility is located as eligible for enrollment in the educational programs of that local unit of
administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these facilities are located is responsible for the provision of all educational programs, includ-
ing special education and related services, free of charge to these children as long as the children remain in such
facilities. However, except as provided in this paragraph, placement in such a
facility by the parent or by another local unit of administration shall not create such responsibility.
(2) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical custody of the Department of Children and Youth Services or the Department of Human Resources or any of its divisions and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these children are present is responsible for the provision of all educational programs, including special education and related services, free of

53

20-2-133

EDUCATION

charge to these children as long as the children are physically present in the school district. No child will be considered in the physical custody of the Department of Children and Youth Services or the Department of Human Resources or any of its divisions unless custody has been awarded, either temporarily or permanently, by court order. No child in a youth development center, regardless of his custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in
which that youth development center is located. No child or youth in the custody of the Department of Corrections or the Department of Children and Youth Services and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held.
(3) (A) For any child described in paragraph (1) of this subsection, the custodian of the child shall notify the appropriate local unit of administration when the child remains in a facility operated by or under contract with the Department of Children and Youth Services or the Department of Human Resources or in a facility licensed to provide intermediate care
for the mentally retarded for more than 30 continuous days and is anticipated to remain in the facility for
more than a total of 60 continuous days.
(B) For any child described in paragraph (2) of this subsection, the custodian of the child shall notify the appropriate local unit of administration at least five days in advance of the move when the child is to be moved from one local unit of administration to another. (4) When the custodian of any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, the custodian of the records of that child shall transfer the educational records and Individualized Education Programs (lEP's) and all education related evaluations, assessments, social histories, and observations to the appropriate local unit of administration. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to

transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in paragraph (1) or (2) of this subsection, the Department of Children
and Youth Services or the Department of Human Resources shall furnish to the local unit of administration all medical and educational records in the possession of the Department of Children and
Youth Services or the Department of Human Resources pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Children and Youth Services or the Department of Human Resources
shall obtain such consent from the parent or guardian prior to such release.
(5) Any local unit of administration which serves a child pursuant to paragraphs (1) and (2) of this subsection shall receive in the form of annual grants in state funding for that child the
difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. These grants will be determined and made pursuant to regulations adopted by the State Board of Education.
(6) If any child described in paragraphs (1) and (2) of this subsection is unable to leave the Department of Human Resources facility or the facility licensed to provide intermediate care for the mentally retarded to receive educational services as determined by the local school system responsible for educational services and the Department of Human Resources, then the local school system shall not be responsible for providing any educational services to such child.
(7) The Department of Education, the Department of Human Resources, the Department of Children and Youth Services, and the local units of administration where Department of Children and Youth Services or Department of Human Resources facilities or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this

54

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ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-141

Code section applicable to children and youth in the physical custody of the Department of Children and Youth Services or the Department of Human Resources. (Code 1981, 20-2-133, enacted by Ga. L. 1987, p. 1169, 1; Ga. L. 1988, p. 612, 4; Ga. L. 1989, p. 1693, 1; Ga. L. 1991, p. 1825, 1; Ga. L. 1992, p. 1983, 20.)
The 1991 amendment, effective July 1, 1991, inserted, near the middle of subsection (a), the language beginning "and no child who is a patient in a facility licensed by this state" and ending with "for more than 60 continuous days"; inserted, near the middle of paragraph (1) of subsection (b) the language beginning "and any child who is a patient in a facility licensed by the State of Georgia" and ending with "and who remains in that facility for more than 60 continuous days"; inserted "except as provided in this paragraph," in the last sentence of paragraph (1) of subsection (b); inserted "or in a facility licensed to provide intermediate care for the mentally retarded" in paragraph (3)(A) of subsection (b); and inserted "or the facility licensed to provide intermediate care for the mentally retarded" in paragraph (6) of subsection
(b).
The 1992 amendment, effective July 1, 1992, substituted "Department of Children and Youth Services or the Department of Human Resources" for "Department of Human Resources" several times throughout the Code section.
Code Commission notes. - Pursuant to 28-9-5, in 1991, "The Department" was substituted for "The State Department" at the beginning of paragraph (7) of subsection (b) of this Code section.
OPINIONS OF THE ATTORNEY GENERAL
Withholding transferring of student's record due to unpaid charges not permitted. - Local school boards are authorized to assess charges against students for lost and unnecessarily damaged text books or library materials, but local school boards may not withhold transferring a student's record to another school system when there are unpaid charges or student fees. 1990 Op. Att'y Gen. No. 90-29.
RESEARCH REFERENCES
ALR. - AIDS infection as affecting right to attend public school, 60 ALR4th 15.
PART 2
COMPETENCIES AND CORE CURRICULUM
20-2-140. State Board of Education to establish competencies and uniformly sequenced core curriculum.
The State Board of Education shall establish competencies that each student

is expected to master prior to completion of the student's public school education. The state board shall also establish competencies for which each student should be provided opportunities, at the discretion of the student and the student's parents, to master. Based upon these foregoing competencies, the state board shall adopt a uniformly sequenced core curriculum for grades kindergarten through 12. Each local unit of administration shall include this uniformly sequenced core curriculum as the basis for its own curriculum, although each local unit may expand and enrich this curriculum to the extent it deems necessary and appropriate for its students and communities. (Code 1981, 20-2-140, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1.)
JUDICIAL DECISIONS
Interscholastic sports not essential to prescribed curriculum. - Although an important part of a school's program, interscholastic sports are extracurricular and are not essential to the prescribed curriculum which must be made available to all of Georgia's children. Smith v. Crim, 240 Ga. 390, 240 S.E.2d 884 (1977).
OPINIONS OF THE ATTORNEY GENERAL
State board may require a lay advisory group's approval as to the textbooks it selects, provided that in so doing it continues to exercise its own independent judgment and responsibility in making the final decisions concerning the textbook selection and does not in fact attempt to delegate its decision-making powers to the advisory committees. 1977 Op. Att'y Gen. No. 77-13.
RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 283-289.
C.J.S. - 79 C.J.S., Schools and School Districts, 485-492.
20-2-141. Review of competencies and core curriculum.
The State Board of Education shall establish at least once every four years a review of the adopted competencies and uniformly sequenced core curriculum by a task force broadly representative of educational interests and the concerned public. After considering the findings and recommendations of the task force, the state board shall make such changes in the student competencies lists and core curriculum as it deems in the best interest of the state and its citizens and shall report such

55

20-2-142

EDUCATION

proposed changes to local school systems and the General Assembly for review. (Code 1981, 20-2-141, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169,
l.)
RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 283-289.
C.J.S. - 79 C.J.S., Schools and School Districts, 485-492.
20-2-142. Prescribed courses - Development and dissemination of instructional materials on effect of alcohol.
(a) (1) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner prescribed by the State Board of Education:
(A) A course of study in the background, history, and development of the federal and state governments. The course in the study of federal and state governments shall be supplemented in each high school by a study of the local county and municipal governments; and
(B) A course of study in the history ofthe United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraph (3) of this subsection. (3) Handicapped students who are otherwise eligible for a special education diploma pursuant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the handicapped students must enroll in and successfully complete both of these courses. (b) (1) The State Board of Education and the Board of Public Safety shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers

involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Public Safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The Board of Public Safety shall make available officers or employees of the Department of Public Safety to teach the alcohol and
drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board.
(2) All schools with grade nine or
above which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection.
(3) The commissioner of public safety shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of public safety shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Public Safety. (c) The State Board of Education shall
prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall establish standards for its administration. The course shall include instruction concerning the impact of alcohol, tobacco, and drug use upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels. A manual setting out the details of such courses of study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Human Resources, the state board, and such expert advisers as they may choose. The Department of Education is directed to assemble or develop instructional resources and materials concerning alcohol and drug abuse, taking into consideration technological enhancements available for utilization of such instructional resources.
(d) The funds allocated under Code Section 20-2-13 shall be used for the purpose of creating and maintaining state educational research services for purposes which shall include, but shall not be limited to, the following:

56

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(1) For the development, production, and procurement of curriculum materials and units of instruction on the scientific facts in regard to the influence and effect of alcohol on human health and behavior and on social and economic conditions, including suggested methods of instruction in ways of working with boys and girls and young people in the various age groups and grade levels of the public schools of the state, as aids to classroom teachers and others responsible for the conduct of the educational program in the public schools;
(2) For the publication, procurement, and dissemination of curriculum materials, units of instruction, and suggested methods of instruction relating to the influence and effect of alcohol on human
health and behavior and on social and economic conditions for the schoolteachers and educational officials in the various local school systems of the state, the Department of Education, and the various educational institutions of the state which are engaged in the education and training of teachers; and
(3) For cooperative work, by and between the state educational research service and the local school systems of the state, the Department of Education, and the educational institutions of the state which are engaged in the education and training of teachers, through
conferences, study groups, demonstrations of methods and materials of instruction, and other means. (e) The state board is authorized to expend such amounts as may be necessary
of the moneys allocated to it under Code Section 20-2-13 for the employment of a specialist or specialists or for contracting for the services of specialists in research and in development and production of curriculum materials and units of instruction on the scientific facts in regard to the influence of alcohol on human health and behavior and on social and economic conditions, including methods of instruction; for the employment of secretarial and clerical assistants and other office expenses; for expenses of conferences, study groups, and demonstrations; and for all other expenses necessary in carrying out the purposes of this Code section.
(f) The state board shall make available uniformly to the public schools of the state and the educational institutions of the state engaged in the education and training of teachers the curriculum materials, the units of instruction, and the suggested methods of instruction which are devel-

oped under this Code section. (Code 1981, 20-2-142, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1990, p. 1972, 2; Ga. L. 1992, p. 6, 20.)
The 1990 amendment, effective July 1, 1990, in subsection (c) substituted "shall" for "may" and "alcohol, tobacco, and drug use" for "alcohol, smoking, and drug abuse" in the second sentence and added the last sentence; and added subsections (d) through (0.
The 1992 amendment, effective February 19, 1992, part of an Act to correct errors and omissions in the Code, in paragraph (3) of subsection (a), substituted "subsection (c)" for "subsection (b)".
Cross references. - Possession of alcoholic beverages on public school grounds, 3-3-21.1. Sale of alcoholic beverages by or to minors, 3-3-23, 3-3-23.1, 3-3-24.
JUDICIAL DECISIONS
Interscholastic sports not essential to prescribed curriculum. - Although an important part of a school's program, interscholastic sports are extracurricular and are not essential to the prescribed curriculum which must be made available to all of Georgia's children. Smith v. Crim, 240 Ga. 390, 240 S.E.2d 884 (1977).
OPINIONS OF THE ATfORNEY GENERAL
State board may require a lay advisory group's approval as to the textbooks it selects, provided that in so doing it continues to exercise its own independent judgment and responsibility in making the final decisions concerning the textbook selection and does not in fact attempt to delegate its decision-making powers to the advisory committees. 1977 Op. Att'y Gen. No. 77-13.
RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 283-289.
C.J.S. - 79 C.J.S., Schools and School Districts, 485-492.
20-2-143. Sex education and AIDS prevention instruction; implementation; student exemption.
(a) Each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction for such grades and grade levels in the public school system as shall be determined by the State Board of Education. Such course of study shall implement either the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education. Each local board of education

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shall be authorized to supplement and develop the exact approach of content areas of such minimum course of study with such specific curriculum standards as it may deem appropriate. Such standards shall include instruction relating to the handling of peer pressure, promotion of high self-esteem, local community values, and abstinence from sexual activity as an effective method of prevention of pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome.
(b) The State Board of Education shall prescribe a minimum course of study in sex education and AIDS prevention instruction which may be included as a part of a course of study in comprehensive health education for such grades and grade levels in the public school system as shall be determined by the state board and shall establish standards for its administration. The course may include instruction concerning human biology, conception, pregnancy, birth, sexually transmitted diseases, and acquired immune deficiency syndrome. A manual setting out the details of such course of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose.
(c) The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (b) of this Code section shall be ready for implementation not later than July 1, 1988. Each local board shall implement either such minimum course of study or its equivalent not later than July 1, 1989. Any local board of education which fails to comply with this subsection shall not be eligible to receive any state funding under this article until such minimum course of study or its equivalent has been implemented.
(d) Any parent or legal guardian of a child to whom the course of study set forth in this Code section is to be taught shall have the right to elect, in writing, that such child not receive such course of study. (Code 1981, 20-2-143, enacted by Ga. L. 1988, p. 868, 1.)
20-2-144. Mandatory instruction concerning alcohol and drug use.
(a) Each local board of education shall prescribe mandatory instruction concerning alcohol and other drug use in every year in every grade from kindergarten through grade 12 as shall be determined by the State Board of Education. Such

course of study shall implement the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education. Each local board of education may supplement the exact approach of content areas of such minimum course of
study with such curriculum standards as it may deem appropriate. Such standards shall include instruction which discourages the use of alcohol, tobacco, and controlled substances and communicates that the use of illicit drugs and improper use of legally obtained drugs is wrong and dan-
gerous. (b) The State Board of Education shall
prescribe a minimum course of study of
alcohol and other drug use which may be included as a part of a course of study in comprehensive health education where offered and where appropriate. Instruction also shall be integrated into other curriculum requirements as determined by the State Board of Education. The course shall be age appropriate, shall be sequential in method of study, and shall include the following elements where appropriate in
the instruction: (1) Detailed, factual information re-
garding physiological, psychological, sociological, and legal aspects of substance abuse;
(2) Detailed information concerning the availability of help and assistance
for persons with chemical dependency problems;
(3) Skills needed to evaluate adver-
tisements for, and media portrayals of, alcohol, tobacco, and controlled sub-
stances; and (4) Detailed instruction on the need
for, and role of, lawful authority and law-abiding behavior, which instruction may include interacting and working with members of the legal and justice professions. (c) A manual setting out the details of such course of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, the Department of Public Safety, and such expert advisers as they may choose. (d) The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (b) of this Code section shall be ready for implementation not later than July 1, 1990. Each local board shall implement either such minimum course of study or its equivalent not later than December 31, 1990. Any local

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20-2-150

board of education which fails to comply with this subsection shall not be eligible to receive any state funding under this article until such minimum course of study or its equivalent has been implemented. (Code 1981, 20-2-144, enacted by Ga. L. 1990, p. 2043, 1.)
Effective date. - This Code section became effective April 16, 1990.
Law reviews. - For note on 1990 enactment of this Code section, see 7 Ga. St. U.L. Rev. 377 (1990).
PART 3
EDUCATIONAL PROGRAMS
20-2-150. Eligibility for enrollment.
(a) Except as otherwise provided by subsection (b) ofthis Code section, all children and youth who have attained the age of five years by September 1 shall be eligible for enrollment in the appropriate general education programs authorized in this part unless they attain the age of 20 by September 1 or they have received high school diplomas or the equivalent. This shall specifically include students who have reenrolled after dropping out and who are married, parents, or pregnant. Special education students shall also be eligible for enrollment in appropriate education programs through age 21 or until they receive high school or special education diplomas or the equivalent; provided, however, they were enrolled during the preceding school year and had an approved Individualized Education Program (lEP) which indicated that a successive year of enrollment was needed. Other students who have not yet attained age 21 by September 1 or received high school diplomas or the equivalent shall be eligible for enrollment in appropriate education programs, provided they have not dropped out of school for one quarter or more. Each local unit of administration shall have the authority to assign students who are married, parents, or pregnant or who have reenrolled after dropping out one quarter or more to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program or, at the option of the student, in an alternative program beyond the regular daytime program; provided, further, that such programs of instruction are designed to enable such students to

earn course credit toward receiving high school diplomas. These programs may include instruction in prenatal care and child care. Each local unit of administration shall have the authority to provide alternative programs beyond the regular daytime educational program. Unless otherwise provided by law, the State Board of Education shall have the authority to determine the eligibility of students for enrollment. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual.
(b) A child who was a legal resident of
one or more other states for a period of two years immediately prior to moving to this
state and who was legally enrolled in a public kindergarten or first grade, or a kindergarten or first grade accredited by a state or regional association, shall be eligible for enrollment in the appropriate gen-
eral or special education programs authorized in this part if such child will attain the age of five for kindergarten or six for
first grade by December 31 and is otherwise qualified.
(c) All children enrolled for 20 school days or more in the public schools of this state prior to their seventh birthday shall
become subject to all of the provisions of this article, the provisions of Code Sections 20-2-690 through 20-2-702, and the rules and regulations of the State Board of Education relating to compulsory school attendance even though they have not attained seven years of age.
(d) No child or youth shall be admitted to any public school of the state until the parent or guardian provides to the proper school authorities an official copy of that child's social security number which shall be incorporated into the official school records pertaining to that child or youth. Each local unit of administration shall establish and implement a plan for providing the public appropriate notice of the information required of every student under its jurisdiction prior to the beginning of each school year. School authorities may provisionally admit a child for whom an official social security number has not been provided if the parent or guardian completes a postage-paid application for a social security number at the time of enrollment. A parent or guardian who objects to the incorporation of the social security number into the school records of a child may have the requirement waived by signing a notarized statement objecting

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to the requirement. (Code 1981, 20-2-150, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1990, p. 1354, 1; Ga. L. 1992, p. 2200,
1.)
The 1990 amendment, effective July 1, 1990, inserted "or, at the option of the student, in an alternative program beyond the regular daytime program" near the end of the fifth sentence in subsection (a) and added the present seventh sentence in subsection (a).
The 1992 amendment, effective July 1, 1992, added subsection (d).
OPINIONS OF THE ATrORNEY GENERAL
ANALYSIS
GENERAL CONSIDERATION MARRIED STUDENTS
General Consideration
Age limitations applicable to carrying out state funded programs only. - The age limitations of this section are applicable not to the broad constitutional authority of a local school system to manage and control its own school programs and affairs at its own expense, but to the carrying out of the state funded programs. 1978 Op. Att'y Gen. No. 78-7 (decided under former 20-2-151).
Education of nonresidents. - Georgia schools may educate children who reside with their parents in another state on the condition that tuition is paid for the children's education. 1980 Op. Att'y Gen. No. 152.
Married Students
Editor's notes. - In light of the similarity of the issues covered in the provisions, opinions under former Code 1933, 32-937, which authorized local boards of education to promulgate rules and regulations concerning the right of married students to attend school, are included in the annotations for this Code section.
Section permits board to suspend married student for definite and reasonable length of time. - Absent consideration of any question on constitutionality of such a rule, this section permits a county board of education to promulgate a rule or regulation suspending (for a definite and reasonable length of time) married students from attending the public schools of a county. 1963-65 Op. Att'y Gen. p. 276.
Board may adopt policy excluding married students if related to legitimate educational purpose. - A local board may adopt a policy excluding married students from attending school if, and only if, that policy is reasonably related to some legitimate educational purpose; a policy which would permanently and totally exclude any married student, male or female, from attending school simply because he or she is married would be an unconstitutional and a void application of this section. 1968 Op. Att'y Gen. No. 68-391.

RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 219-226.
C.J.S. - 79 C.J.S., Schools and School Districts, 445-454.
ALR. - AIDS infection as affecting right to attend public school, 60 ALR4th 15.
20-2-151. General and career education programs; purpose; authorized programs.
(a) The primary purpose for the general and career education programs is to provide the children and youth of Georgia with a quality opportunity to master student competencies adopted by the State Board of Education through instruction which is based upon the uniformly sequenced core curriculum.
(b) The following general and career education rrograms are authorized for purposes 0 funding under this article:
(1) (A) All local school systems shall offer a full-day kindergarten program. For purposes of this subsection, the term "full-day basis" means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year; and
(B) It is the policy of this state that the purposes of the kindergarten program shall be to provide all children with an equal opportunity to become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students' educational careers. To be eligible for enrollment in a state supported kindergarten program, a child must attain the age of five by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150. (2) It is the policy of this state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowledge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must attain the age of six by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150. The State Board of Education shall adopt an instrument or instruments, procedures, and policies

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20-2-151.1

necessary to assess the first grade readiness of children enrolled in Georgia's public school kindergarten programs pursuant to Code Section 20-2-281. Readiness information obtained by the instrument or instruments adopted by the state board shall be used by local
school systems in concert with teacher recommendations and other relevant in-
formation to make appropriate student grade placement decisions. The Department of Education shall develop guide-
lines for utilization of the instrument or instruments in grade placement decisions and shall provide such guidelines to local school systems. The guidelines shall include information pertinent to
consideration of the placement of students who have been identified as being handicapped or limited-English-proficient. Whenever the decision is made not to promote a child to the first grade, the
local school system shall document the reasons for the decision not to promote, according to guidelines established by the board. The State School Superintendent shall annually provide a report summarizing the results of the readiness of first grade Georgia public school kin-
dergarten children. No student shall remain in kindergarten for more than two years.
(3) It is the policy of this state that the primary purposes of the middle grades program shall be assuring the mastery of essential basic skills and knowledge, assisting students in the transition from childhood to adolescence, and preparing students for the selection
of programs and courses consistent with their abilities and interests when they enter high school, as well as providing an opportunity for mastery of essential but more advanced skills and knowledge. For purposes of funding under this article, the middle grades program shall include grades four, five, six, seven, and eight.
(4) (A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career fields as well as to prepare them to take their places in society as young adults. The following high school programs for grades ninE:, ten, 11, and 12 are authorized for purposes of funding under this article:
(i) The high school education program which includes general, voca-

tional, and college preparatory classes;
(ii) The nonvocational high school laboratory program; and
(iii) The vocational laboratory program. (B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the nonvocational high school laboratory and vocational laboratory programs shall be funded at higher levels than the high school general education program. The state board shall adopt criteria which courses must meet in order to qualify for either the nonvocational high school laboratory or the vocational laboratory program. (Code 1981, 20-2-151, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1990, p. 1359, 1.)
The 1990 amendment, effective April 11, 1990, rewrote paragraph (2) of subsection (b).
Cross references. - Vocational training generally, Ch. 4 of this title. Vocational rehabilitation services provided by Department of Human Resources, T. 49, Ch. 9.
OPINIONS OF THE ATTORNEY GENERAL
Unauthorized use of funds. - The contributions of local school systems to the health insurance fund for noncertificated personnel may not be taken from those funds allocated for kindergarten programs. 1985 Op. Att'y Gen. No. 85-12.
RESEARCH REFERENCES
C.J.S. - 79 C.J.S., Schools and School Districts, 483, 484.
20-2-151.1. American Sign Language as foreign language for college preparatory curriculum and for Carnegie unit elective credits.
(a) For the purpose of fulfilling the foreign language requirements for a college preparatory curriculum seal of endorsement on a high school diploma, a demonstrated proficiency in American Sign Language shall be accepted as a foreign language if it is determined that a deaf student has a hearing loss which significantly impacts upon the student's ability to learn a foreign language. The Individualized Education Plan Committee may then determine that American Sign

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Language can substitute for the foreign language requirements for the college preparatory seal of endorsement for a high school diploma, and it shall be so accepted by all local boards of education and the State Board of Education. A demonstrated proficiency in American Sign Language shall be accepted as the equivalent of the required two units of a foreign language.
(b) For the purpose of earning Carnegie unit curriculum credits at the high school level, American Sign Language may be accepted by the State Board of Education for one unit of elective credit or for the third unit of foreign language credit for any student who is not covered by the provisions of subsection (a) of this Code section. (Code 1981, 20-2-151.1, enacted by Ga. L. 1992, p. 2519, 1.)
Effective date. - This Code section became effective April 20, 1992.
20-2-152. Special education services.
(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children from birth through four years of age, whose handicapping condition is so severe as to necessitate early education intervention, may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational program, or through programs financed with local or federal funds or with funds specifically appropriated by the General Assembly for this purpose. Eligible children and youth are defined as those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs. Special education shall include children who are classified as intellectually gifted, mentally handicapped, behavior disordered, specific learning disabled, orthopedically handicapped, other health impaired, hearing impaired, speech-language disordered, visually impaired, severely emotionally disturbed, and deafblind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide

basis. The state board shall adopt the criteria used to determine eligibility of students for state funded special education programs. The state board shall adopt maximum class sizes by classification of special education pursuant to subsection (i) of Code Section 20-2-182 which are
equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161.
(b) Local school systems shall, subject to
any limitations specified in this Code section, provide special education pro-
grams for all eligible students with special needs who are residents of their local school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by contracting with other local school systems, regional educational service agen-
cies, or other qualified public or private institutions for such services.
(c) (1) The State Board of Education shall provide for the funding which has been approved by the General Assembly for this purpose for special education programs for students with handicapping conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational services through programs offered by local school systems. The state board may provide such educational services with funds specifically approved by the General Assembly
for this purpose by: (A) Providing grants directly to re-
gional educational service agencies for provision of services;
(B) Either directly contracting with or making grants to or authorizing local units of administration to contract with or make grants to suitable private or public institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related services of the child must be provided by professionals, such as teachers, school psychologists, speech therapists, physical and occupational therapists, and audiologists who meet the certification or licensing standards of their profession in the state in which the institution is located;
(C) Authorizing local units of administration to contract with suitable public agencies and departments, including institutions in which eligible children are confined and out-patient

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20-2-152

centers serving eligible children, inside and outside this state, for the provision of such services;
(D) Entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services; or
(E) Operating the Georgia School for the Deaf, the Georgia Academy for the Blind, the Atlanta Area School for the Deaf, and other special schools as approved by the General Assembly. (2) The state board may promulgate rules, regulations, and standards and establish the terms and conditions governing the provision of state aid provided for this purpose by the General Assembly under this subsection and perform any and all acts necessary or proper to carry out the provisions, intent, and purpose of this subsection. (d) For purposes of funding under this article, the following special education categories are authorized for the local units of administration of this state: (1) Category I: self-contained specific learning disabled and self-contained speech-language disordered; (2) Category II: mildly mentally handicapped; (3) Category III: behavior disordered, moderately mentally handicapped, severely mentally handicapped, resourced specific learning disabled, resourced speech-language disordered, self-contained hearing impaired and deaf, selfcontained orthopedically handicapped, and self-contained other health impaired; (4) Category IV: deaf-blind, profoundly mentally handicapped, visually impaired and blind, resourced hearing impaired and deaf, resourced orthopedically handicapped, and resourced other health impaired; and (5) Category V: intellectually gifted. (Code 1981, 20-2-152, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1988, p. 612, 5; Ga. L. 1991, p. 1531, 1.)
The 1991 amendment, effective July 1, 1991, substituted "subsection (i)" for "subsection (h)" near
the end of subsection (a).
Cross references. - Establishment of special schools, Ga. Const. 1983, Art. VIII, Sec. 5, Para. 7.
Declared policy of state to provide adequate mental health and mental retardation services through De-
partment of Human Resources and county boards of health, 37-2-1. Habilitation of the mentally retarded generally, T. 37, Ch. 4.

JUDICIAL DECISIONS
State's refusal to consider year-round education for mentally retarded improper. - The refusal of the state, as a matter of policy, to consider or provide year-round educational programs to profoundly and severely mentally retarded children is contrary to its obligations under the federal Education for All Handicapped Children Act and 504 of the federal Rehabilitation Act of 1973 to provide a free public education serving each handicapped child's particular needs. Georgia Ass'n of Retarded Citizens v. McDaniel, 716 F.2d 1565 (11th Cir. 1983), vacated, 468 U.S. 1213, 104 S. Ct. 3581, 82 L. Ed. 2d 880 (1984), cert. denied, 469 U.S. 1228, 105 S. Ct. 1228, 84 L. Ed. 2d 365 (1985).
"Residency" defined. - A school system is obligated to provide educational services only to students who reside within that particular school system's district. The term "residency," in the context of education, would require at least physical presence or perhaps even physical presence with intent to remain. Hall ex reI. Allread v. Freeman, 700 F. Supp. 1106 (N.D. Ga. 1987).
OPINIONS OF THE ATIORNEY'GENERAL
Application of eligibility standards. - Eligibility standards for programs for gifted children may be applied in a flexible manner, and there is no requirement that the eligibility standards be applied uniformly throughout the State. 1986 Op. Att'y. Gen. No. U86-1.
Local systems not confined. to geographic boundaries in providing program for substantially impaired hearing children. - While local school systems in Georgia are legally obligated to provide a special education program for children whose hearing is substantially impaired, they are not necessarily confined to their own geographic boundaries in so doing, but may furnish such special education services through a contract with a cooperative educational service agency. 1977 Op. Att'y Gen. No. 77-35.
No statutory impediment to providing psychological services to "eligible" private school or nonschool children. - There is no statutory impediment to the providing of psychological services to private school or nonschool children provided that they are "eligible" by reason of age and residence to participate in a school system's general school or preschool program, but the degree to which such private school or nonschool children are to be permitted to receive psychological services is a matter of policy which addresses itself to the discretion of the state and local boards of education. 1976 Op. Att'y Gen. No. 76-118.
State board authorized to provide additional funds for additional services. - The State Board of Education has the authority to allot additional funds to local boards of education for the purpose of providing additional services, such as pupil transportation, to deaf and hard-of-hearing children in attendance at the Atlanta Area School for the Deaf. 1977 Op. Att'y Gen. No. 77-35.

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EDUCATION

RESEARCH REFERENCES
ALR. - Validity of, and sufficiency of compliance
with, state standards for approval of private school to receive public placementr of students or reimbursement for their educational costs, 48 ALR4th 1231.
20-2153. Special instructional assistance program for students with developmental deficiencies.
The State Board of Education shall create a special instructional assistance program to assist students with identified developmental deficiencies which are likely to result in problems in maintaining a level of performance consistent with expectations for their respective ages. Only students enrolled in grades kindergarten through five with documented developmental levels below expectations for their respective ages that are not attributable to an identified handicapping condition and who are not enrolled in either the remedial education program or any of the special education programs shall be eligible for the special instructional assistance program; provided, however, that students with physical handicaps whose special education services consist solely of therapy related to the physical handicap shall be eligible for the special instructional assistance program if they meet all other criteria of this Code section. The state board shall specify the instruments and process used to determine student eligibility for this program, including specification of the student eligibility criteria to be applied, the allowable educational services to be provided under this Code section, and the funding guidelines to be used in distributing state funds to participating local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the request for funding by the state board. Each local school system shall annually report by grade level the number of eligible students, the number of students served, the types of services provided, and the average achievement of students served. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students

being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. In the event that insufficient funds are appropriated by the General Assembly to serve all eligible students in this program, any funds which are appropriated shall be directed toward addressing the needs of the youngest eligible students in each local school system. (Code 1981, 20-2-153, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1.)
RESEARCH REFERENCES
ALR. - Construction of "stay-put" provision of Education of the Handicapped Act (20 USCS 1415(e)(3)), that handicapped child shall remain in current educational placement pending proceedings conducted under section, 103 ALR Fed. 120.
20-2-154. Remedial education program.
(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective reading, mathematics, or writing deficiencies beginning fiscal year 1992. The following students shall be eligible for remedial education services, except as provided in subsection (b) of this Code section:
(1) Students in grades two through five and nine through 12 may be eligible for services if they meet two or more of the following criteria:
(A) The student has been through the formal student support team process and has documented evidence to support the placement in remedial education;
(B) The student has been retained in the grade;
(C) The student is receiving services under Part A of Chapter 1 of Title 1 of the Elementary and Secondary Education Act of 1965, as amended by the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (Public Law 100-297);

64

PI a

ELEMENTARY, SECONDARY, ETC., EDUCATION

.
20-2-155

CD) The student has been recom- Board of Education by July 1 of each year

mended by the teacher who has docu- the average achievement scores by subject

mented any of the following student area and grade level of all students who

information:

were receiving instructional services un-

(i) Low performance in the read- der the provisions of this Code section,

ing series system;

except those students whose Individual-

(ii) Low performance in the math ized Education Programs under the special

series; or

education program state they shall not be

(iii) The student is unable to administered such achievement tests. If

verbally express ideas and cannot appropriate evaluation data are not re-

write or dictate a meaningful sen- ceived from a local school system by the

tence; or

state board by July 1 of each year, after a

(E) Current test information in the student file indicates the student has a score at or below the 25 percentile; and (2) Students in grades two through
five and nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (IEP's) specify that
they meet the eligibility requirements specified in paragraph (1) of this subsec-
tion and that their special education program is not designed to address their respective reading, mathematics, or
writing deficiencies. No more than 25 percent of the school
population in eligible grades as specified in paragraphs (1) and (2) of this subsection shall be eligible for the remedial program; provided, however, that the State Board of Education may develop regulations

hearing has been held for the system, the subsequent allocation of funds under this Code section for the next fiscal year shall
be withheld in accordance with the procedure specified in Code Section 20-2-243.
The state board shall monitor each local school system's remedial education program at least once each year. The state board shall annually request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for
disadvantaged children when such staff is used to evaluate the remedial education program under this Code section in con-
junction with the evaluation of the federal compensatory education program for dis-
advantaged children in the same local school system. (Code 1981, 20-2-154, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987,p. 1169, l;Ga.L. 1988,p.612, 6;
Ga. L. 1991, p. 1630, 1.1.)

whereby a higher percentage may be eligi-

ble if the percentage of students receiving The 1991 amendment, effective July 1, 1991,

free and reduced price lunches exceeds 50 rewrote subsection (a).

percent.

(b) The following students shall not be
eligible for the remedial education program:
(1) Students who are receiving services under the special instructional

20-2-155. School climate management program; model codes of be-
havior and discipline; inschool suspension program.

assistance program as authorized by (a) The State Board of Education shall

Code Section 20-2-153; or

establish a state-wide school climate man-

(2) Students who are receiving in- agement program to help local schools and

struction under the special education systems requesting assistance in develop-

program that is designed to address ing school climate improvement and man-

their respective reading, mathematics, agement processes. Such projects will be

or writing deficiencies.

designed to optimize local resources

(c) Students in grades two through five through voluntary community, student,

shall only receive instruction at any given teacher, administrator, and other school

time at their current performance level or personnel participation. These processes

slightly above such level in the subject will be designed for, but will not be limited

matter areas for which they are eligible to, promoting positive gains in student

under the provisions of this Code section; achievement scores, student and teacher

provided, however, that the program of morale, community support, and student

instruction is designed to move the student and teacher attendance, while decreasing

to grade level or higher in the shortest student suspensions, expulsions, dropouts,

possible time while ensuring mastery as and other negative aspects of the total

the student progresses. Each local unit of school environment. The state board upon

administration shall submit to the State request is authorized to provide the neces-

65

20-2-156

EDUCATION

sary on-site technical assistance to local schools and systems and to offer other assistance through regional and state-wide conferences and workshops, printed material, and such other assistance as may be deemed appropriate under this subsection. The state board shall, upon request of a local school system, produce model codes of behavior and discipline and shall produce
guidelines for application and administr:;ttion of such codes. The results of thIS program shall be annually presented to the General Assembly for review in determining future appropriations for state-
level technical assistance necessary to perform the duties assigned to the state board under this Code section.
(b) The State Board of Education is authorized to create an in-school suspen-
sion program. As the vast majority of the students who disrupt public school classrooms are also experiencing problems in mastering classroom assignments and are below expectation in their academic achievement, it is the policy of this state that it is preferable to reassign disruptive students to isolated, individually oriented
in-school suspension programs rather than to suspend or expel such students from
school. Therefore, the primary purposes of the in-school suspension program are to isolate the offending students from the
regularly assigned classrooms and activities of the school, to continue progress relative to classroom assignments, and to provide individually oriented instruction in essential skills and knowledge areas for which low achievement levels are contributing to the students' adjustment problems. The in-school suspension programs may be housed in the regularly assigned schools, special schools specifically organized for such programs, or alternative schools, provided the suspended students are isolated from typical school activities until they demonstrate sufficient adjustment to warrant their returning to their previously assigned classes. The state board shall adopt regulations, standards, and eligibility criteria necessary to guide the effective operation of state supported in-school suspension programs. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being

served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. (Code 1981, 20-2-155, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1.)
RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 256-274.
C.J.S. - 79 C.J.S., Schools and School Districts, 493-505.
20-2-156. Program for limited-Englishproficient students.
The State Board of Education shall create a program for limited-English-proficient students whose native language is not English, subject to appropriation by the General Assembly. The purpose of this program is to assist such students to develop proficiency in the English language, including listening, speaking, reading, and writing, sufficient to perform effectively at the currently assigned grade level. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. The state board shall prescribe such rules and regulations regarding eligibility criteria and standards as may be needed to carry out the provisions of this Code section. (Code 1981, 20-2-156, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1.)
PART 4
FINANCING
20-2-160. Determination of enrollment by institutional program; determination of funds to be appropriated.
(a) The State Board of Education shall designate the specific dates upon which

66

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-160

two counts of students enrolled in each criteria by which students shall be counted

instructional program authorized under as resident or nonresident students, in-

this article shall be made each school year cluding specific circumstances which may

and by which the counts shall be reported include, but not be limited to, students

to the Department of Education. The ini- attending another local school system un-

tial enrollment count shall be made after der court order or under the terms of a

October 1 but prior to November 17 and contract between two local school systems.

the final enrollment count after March 1 If a local school system has a justifiable

but prior to May 1. The report shall reason, it may seek authority from the

indicate the student's specific assigned state board to shift full-time equivalent

program for each one-sixth segment of the program counts from the designated date

school day on the designated reporting to a requested alternate date.

date. No program shall be indicated for a (b) The full-time equivalent (FTE) pro-

student for anyone-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a driver education course; a course recognized un-
der this article or by state board policy as an enrichment course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study
course for which no outline of course objectives is prepared in writing prior to
the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code
section, the term "enrichment course" means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for anyone-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution

gram count for each local school system shall be obtained in the following manner:
(1) Count the number of one-sixth segments of the school day for which each student is enrolled in each program authorized under Code Section 20-2-161;
and (2) Divide the total number of seg-
ments counted for each program by six. The result is the full-time equivalent program count for each respective state recognized program. (c) For the purpose of initially determining the amount of funds to be appropriated to finance each respective program for the ensuing fiscal year, a projection of the second full-time equivalent program count shall be calculated as follows:
(1) Divide the first total full-time equivalent count for the current fiscal year by the first total full-time equivalent count for the immediately preceding fiscal year;
(2) Multiply the quotient obtained in paragraph (1) of this subsection by the second total full-time equivalent count for the immediately preceding fiscal year. The result shall be the projected second total full-time equivalent count for the current fiscal year;
(3) Divide the average of the local school system's two most recent fulltime equivalent program counts by the average of the two most recent total fulltime equivalent counts; and
(4) Multiply the quotient obtained in paragraph (3) of this subsection by the

under the program established in Code product obtained in paragraph (2) of this

Section 20-2-161.1 may be counted for the subsection. The result shall be the pro-

high school program for only that portion jected second full-time equivalent pro-

of the day that the student is attending the gram count for the current fiscal year.

high school for those segments that are (d) The average of the first full-time

eligible to be counted under this subsec- equivalent program count, weighted two

tion. The state board shall adopt such parts, and the projected second full-time

regulations and criteria as necessary to equivalent program count, weighted one

ensure objective and true counts of stu- part, shall be used to initially determine

dents in state approved instructional pro- the funds needed to finance the program

grams. The state board shall also establish for the ensuing fiscal year.

67

20-2-161

EDUCATION

(e) After such time as the student information portion of the state-wide comprehensive educational information network has been implemented pursuant to Code Section 20-2-320, and after such time as the second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, the average, as calculated pursuant to subsection (d) of this Code section, of the local school system's two full-time equivalent program counts for the current fiscal year shall serve as the full-time equivalent count used to allot the funds needed to finance each respective program for the ensuing fiscal year. In the event that funds needed for this purpose exceed the amount appropriated for this purpose, the additional needed funds shall be drawn from an amount to be appropriated annually by the General Assembly for this purpose. Prior to the completion of the student information component of said information network, and prior to such time as the second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, allotment of funds needed to finance each respective program for the ensuing fiscal year shall be based on the average, as calculated pursuant to subsection (d) of this Code section, of the local system's first full-time equivalent program count and the projected second full-time equivalent program count for the current fiscal year. (Code 1981, 20-2-160, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1988,p. 1991, l;Ga.L. 1990,p. 1354, 2; Ga. L. 1992, p. 462, 1; Ga. L. 1992, p. 1335, 1.)
The 1990 amendment, effective July 1, 1990, substituted the language beginning with "After such time" and ending with "the current year, the aver-
age" for "The average" at the beginning of subsection (e) and added the last sentence in subsection (e).
The 1992 amendments. - The first 1992 amendment, effective March 9, 1992, in the seventh sentence of subsection (a), substituted "an eligible insti-
tution under the program established in Code Section 20-2-160.1" for "a regionally accredited postsecondary institution", substituted "high school for those" for
"postsecondary institution; provided, however, that the student is attending the high school for at least
three", and deleted "and that the student's postsecondary program is approved by the high school principal or the principal's designee" following "this subsection". The second 1992 amendment, effective July 1, 1992, in subsection (a), substituted "two counts" for "three counts" in the first sentence,
rewrote the second sentence which read "The initial enrollment count shall be made prior to October 1,
the second enrollment count after November 1 but prior to January 1, and the final enrollment count

after February 15 but prior to May 1.", and added a comma after "school office" in the fourth sentence; substituted "first" for "second", "second" for "third", and "two" for "three" where those words appear in subsections (c) and (e); rewrote subsection (d); and, in subsection (e), inserted ", as calculated pursuant to subsection (d) of this Code section," in two places and near the end substituted "count" for "counts".
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, "20-2-161.1" was substituted for "20-2-160.1" in subsection (a).
OPINIONS OF THE ATTORNEY GENERAL
Funding enrichment courses. - Local school systems may offer driver's education and other enrichment courses during regular school hours and may utilize state funds for the provision of these courses, so long as the requirements of the Quality Basic Education Act are met, even though the enrichment courses will not count in the calculation of the amount of state funds which a local school system may receive. 1985 Op. Att'y Gen. No. 85-35.
RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 93, 94.
20-2-161. Quality Basic Education Formula.
(a) The high school general education program is declared to be the base program against which the cost of all other instructional programs shall be compared. The amount of funds needed by each fulltime equivalent student in the base program, in order that such program can be sufficiently funded to provide quality basic education to all enrolled students, shall be known as the "base amount" and shall reflect program components which constitute the program weight for the high school general education program in Code Sections 20-2-182 through 20-2-186. However, the General Assembly shall annually establish through the General Appropriations Act the base amount to be used each year. In the event that the base amount so established when multiplied by the program weights in subsection (b) of this Code section requires funds in excess of the appropriation for the Quality Basic Education Formula grants, the funds which are appropriated for the Quality Basic Education Formula shall be prorated to each of the Quality Basic Education Formula cost categories.
(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized in-

68

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-161

structional programs shall have the fol-

lowing program weights:

(1) Kindergarten program . . ... 1.338

(2) Primary grades program

(1-3)

1.257

(3) Upper elementary grades

program (4-5)

1.016

(4) Middle grades program

(6-8)

1.019

(5) High school general educa-

tion program (9-12)

1.000

(6) High school nonvocational

laboratory program (9-12)

1.223

(7) Vocational laboratory pro-

gram (9-12)

1.343

(8) Program for the handi-

capped: Category I

2.270

(9) Program for the handi-

capped: Category II

2.612

(10) Program for the handi-

capped: Category III

3.307

(11) Program for the handi-

capped: Category IV

5.319

(12) Program for intellectually

gifted students: Category V

1.592

(13) Remedial education .pro-

gram

1.305

(c) For purposes of calculating the an-

nual allotment of funds to each local school

system, the program weights may be car-

ried to as many additional decimal places

as needed and may be varied from the

weights stated in subsection (b) of this

Code section, consistent with cost-of-living

adjustments granted by the General As-

sembly for salaried and nonsalaried com-

ponents, by not more than 1 1/2 percent.

(d) The total funds needed for the Qual-

ity Basic Education Program for each local

school system shall be calculated annu-

ally. Such total shall represent the product

of the following calculations for each of the

programs identified in subsection (b) of

this Code section:

(1) Multiply the average full-time

equivalent program count pursuant to

subsection (b) of Code Section 20-2-160

by the respective program weight estab-

lished in subsection (b) of this Code

section;

(2) Multiply the product computed in

paragraph (1) of this subsection by the

base amount as established in the Gen-

eral Appropriations Act; and

(3) Add the product computed in para-

graph (2) of this subsection to the pro-

gram adjustment amount for training

and experience for the instructional pro-

gram in accordance with subsection (e)

of this Code section.

The process and associated components

contained within this Code section shall be

known as the "Quality Basic Education Formula."
(e) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated professional personnel who were employed by the local school system as of the month of June for the most recent year that these data are available; provided, however, that the amount needed for training and experience for personnel funded through categorical grants shall only be included in the appropriate categorical grant. Such additional amount shall be known as "program adjustment amount for training and experience" and this amount shall be noted in total in the language section of the General Appropriations Act each year.
() As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, the Governor's office, and representatives of local school systems. (Code 1981, 20-2-161, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1990, p. 847, 1; Ga. L. 1991, p. 1531, 2.)
The 1990 amendment, effective July 1, 1990,
substituted "grades six" for "grades four" in the first
sentence of subsection (a), substituted the language
beginning with "The amount" and ending with "shall
be known" for "The General Assembly shall annually
establish through the General Appropriations Act the
amount of funds needed by each full-time equivalent
student in that program, in order that the base
program can be sufficiently funded to provide quality
basic education to all enrolled students. This amount
of funds shall be known" at the beginning of the
second sentence in subsection (a), added the third
through sixth sentences of subsection (a), revised the table of program weights in subsection (b), redesig-
nated the provisions formerly designated as subsec-
tion (c) as subsection (d) imd added present subsection
(c), substituted "subsection (e)" for "subsection (d)" in
paragraph (3) of subsection (d), redesignated former
subsection (d) as subsection (e), added the language
beginning with "; provided, however" and ending

69

20-2-161.1

EDUCATION

with "categorical grant" at the end of the second

sentence in subsection (el, added the language begin-

ning with "and this amount" and ending with "each

year" at the end of the last sentence in subsection (el,

and redesignated former subsection (e) as subsection

(t).

.

The 1991 amendment, effective July 1, 1991, in

subsection (al, substituted "The high school general

education program" for "The instructional program

for grades six through eight" and "high school

general education program" for "middle grades pro-

gram"; deleted the language beginning "The program

weights listed in subsection (b)" and ending "for

salaried and nonsalaried components." near the mid-

dle of subsection (a); and revised the program weights

in paragraphs (1) through (13) of subsection (bl.

20-2-161.1. Enrollment in postsecondary courses; academic credit; secondary options grant account.
(a) For purposes of this Code section, the term:
(1) "Course" means any plan or program of instruction.
(2) "Department" means the State Department of Education.
(3) "Eligible institution" or "institution" means any two-year or four-year degree-granting public college or university or state operated postsecondary technical institution located in Georgia.
(4) "Program" means the arrangement authorized by this Code section whereby a pupil in a public high school may enroll in and take courses at an eligible institution and receive secondary credit.
(5) "Secondary credit" means high school credit for courses taken at an eligible institution under the program. (b) Any eleventh or twelfth grade pupil or pupil aged 16 or over in any public school in this state may apply to an eligible institution to enroll in selected courses which are offered at that institution and which are approved for secondary credit under subsection (e) of this Code section. It shall be the responsibility of the high school principal and advisement faculty to inform the postsecondary institution of the academic, emotional, social, and other characteristics of the pupil that should be considered in the decision to enroll or not enroll the student. If accepted at an eligible postsecondary institution, such pupil may take any such approved course at that institution, whether or not the course is taught during the regular public school day, and receive secondary credit therefor only under the conditions provided in this Code section. An eligible Institution which accepts a pupil autho-

rized to apply for enrollment therein under the program shall not receive any state funds for that pupil unless the institution complies with the requirements of this Code section regarding eligible institutions.
(c) No later than the first day of April each year, each local school system shall provide general information about the program to all its eligible pupils. A local school system shall also provide counseling services to such pupils and their parents or guardians before the pupils enroll in eligible institutions under this Code section to ensure that the pupils and their parents or guardians are aware of the possible consequences of enrolling in an
eligible institution. Such counseling services will include information relative to
what institutions and courses are eligible for participation; the process for granting academic credits; financial arrangements for tuition, books, and materials; available support services; the need to arrange an
appropriate schedule; consequences of failing or not completing a course; the effect of the program on a pupil's ability to complete a course, to participate in extracurricular activities, and to complete required
high school graduation requirements; and the academic and social responsibilities of pupils and their parents or guardians, including the continuing responsibility to obey the rules and regulations of the eligible institutions and the high school as appropriate. Prior to enrolling in a course at an eligible institution, the pupil and the
pupil's parents or guardians must sign a form that must be provided by the school system or may be provided by an eligible institution stating that they have received the counseling specified in this subsection and that they understand the responsibilities that must be assumed in participating in the program. The department shall develop appropriate forms and counseling guidelines for the program.
(d) A pupil who first enrolls in an eligible institution at the beginning of grade 11 may not enroll in an eligible institution under the program for secondary credit for more than the equivalent of two academic years. A pupil who first enrolls in an eligible institution at the beginning of grade 12 may not enroll in an eligible institution under the program for secondary credit for more than the equivalent of one academic year. If a pupil in grade 11 or 12 first enrolls in an eligible institution for secondary credit after the beginning of the school year, the time of participation in the program authorized by this subsection

70

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-161.1

shall be reduced proportionately. A pupil who has graduated from high school cannot participate in the program. A pupil who has completed course requirements
for graduation but who has not received a diploma may participate in the program.
(e) (1) Each eligible institution desiring
to participate in the program shall annually submit to the department a description of each course for which the institution seeks approval under the program. The department shall review such submissions and approve any such course which is substantially comparable to any course which is offered for credit in a high school program in this state and which is includable for funding for purposes of the full-time equivalent program count under Code Section 20-2-160 for any local school system in the state. If there is such a comparable high school course, the department shall
specify that course and determine the credit for the eligible institution's
course. The department shall annually publish a list containing the department's determinations regarding approved comparable courses and credits therefor, which determination shall be a
contested case under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," for any eligible institution
aggrieved thereby. (2) A local school system shall grant
academic credit to a pupil enrolled in a course in an eligible institution if that course has been listed as approved by the department under paragraph (1) of this subsection and if the pupil successfully completes that course. The secondary credit granted shall be for the comparable course and course hours approved by the department. Upon completion of an eligible institution's approved course, the pupil shall be responsible for requesting that the institution notify the pupil's local school system regarding the pupil's grade in that course.
(3) Secondary school credits granted for eligible institution courses under paragraph (2) of this subsection shall be used to satisfy the state board's requirements in regard to eligibility for extracurricular activities and shall also be counted toward the graduation requirements and subject area requirements of the local school system. Evidence of successful completion of each course and secondary credits granted shall be included in the pupil's secondary school records.

(4) If a pupil enrolls in an eligible institution after leaving secondary school, that institution shall award credit at such institution for any course
successfully completed for secondary credit at that institution. Other eligible institutions shall award, after a pupil leaves secondary school, postsecondary credit for any course successfully com-
pleted under the program on the same basis on which such credits are customarily awarded. An institution may not charge a pupil for the award of credit.
(5) The department shall develop the
necessary rules to require local school systems to award a high school diploma for any pupil who is enrolled at an eligible institution under the program as long as the credit earned at such
institution satisfies course requirements needed for the pupil to complete high school graduation. The department shall
consult the Board of Regents of the University System of Georgia and the State Board of Technical and Adult Education in developing rules and regulations regarding the eligibility criteria
for program participation. (D The department shall establish a secondary options grant account with funds appropriated by the General Assembly. The amount of funds requested by the state board for this account shall be the amount that the participating pupils would earn in the local systems during the portion of the instructional day the students were actually enrolled at the eligible institutions. The department shall pay to the eligible institution from this grant
account the lesser of the following amounts for a pupil enrolled therein:
(1) The actual costs of tuition, materials, and fees directly related to each approved course taken by the pupil at such institution; or
(2) The amount that the pupil would have earned under this article if that pupil had been in an equivalent instructional program in a local school system for that portion of the instructional day in which the pupil was actually enrolled in an eligible institution pursuant to this Code section. (g) The department shall pay the fees charged for advanced placement tests taken by any eligible high school student who successfully completes an approved advanced placement course. The local high school principal shall certify to the department the number of students taking the advanced placement tests, the total fees charged, and such additional information

71

-20-2-161.2

EDUCATION

as the department requires regarding advanced placement tests, and the department shall make payments directly to the testing service from funds dedicated to this purpose within the secondary option grant account.
(h) A pupil enrolled in an eligible institution for secondary credit is not eligible for any other state student financial aid at an eligible institution for courses taken under the program.
(D Any person who knowingly makes or furnishes any false statement or misrepresentation, or who accepts such statement or misrepresentation knowing it to be false, for the purpose of enabling an eligible institution to obtain wrongfully any payment under this Code section shall be guilty of a misdemeanor.
(j) By agreement between the State Board of Education and the State Board of Technical and Adult Education or the board of regents or a local board operating a postsecondary vocational school, high schools may offer courses in vocational and technical education which qualify for both high school credit and credit at an eligible institution governed by such boards. Such courses shall meet the standards and criteria of and be approved by the State Board of Technical and Adult Education or the board of regents for such credit. Any costs for tuition, fees, or tests required to receive the postsecondary credit shall be paid for as described in subsection (D of this Code section. (Code 1981, 20-2-161.1, enacted by Ga. L. 1992, p. 462, 2.)
Effective date. - This Code section became
effective March 9, 1992. Code Commission notes. - Pursuant to Code
Section 28-9-5, in 1992, "charged" was substituted for "changed" in subsection (g), "board of regents" was
substituted for "Board of Regents" in two places in subsection (j), and "Technical" was substituted for "technical" in subsection (j).
20-2-161.2. Youth Apprenticeship Program; policies, standards, criteria, procedures, and administrative requirements; pilot projects.
(a) Any eleventh or twelfth grade pupil or pupil aged 16 or over in any public school in this state may enroll in a Youth Apprenticeship Program which is offered at that public school and which is approved for secondary credit by the department. Such pupil shall be granted release time from the public school to work as an apprentice for any business enterprise which is approved by the department as a

qualified employer under the educational apprenticeship program. A pupil shall receive secondary credit for such apprenticeship only under the conditions established by the department. The department is authorized to establish a Youth Apprenticeship Program and to promulgate such policies, standards, procedures, criteria, and administrative requirements as may be necessary to implement the program by rules and regulations. The department shall consult the Department of Labor and the Department of Technical and Adult Education in developing such policies and procedures. The department's certified educational apprenticeship plan shall include but not be limited to the following:
(1) A detailed training plan between employer and apprentice that identifies specific work tasks that will develop workplace competency;
(2) A minimum of 144 classroom hours of related academic instruction and training;
(3) A minimum of 2,000 hours of onthe-job training;
(4) A progressive wage schedule established by the participating employer;
(5) On-site evaluation of the pupil's performance;
(6) Training remediation as necessary at the school site;
(7) A broad range of skills but shall be focused on manufacturing and engineering technology, administration and office technology, and health care;
(8) Development of materials by the business, industry, and labor community in conjunction with the department to promote the awareness of apprenticeships for high school students and encourage recruitment; and
(9) Structural linkage between secondary and postsecondary components of the program leading to the awarding of a high school diploma and postsecondary certification of occupational skills The apprenticeship program shall include on-site training only in positions that have been certified by the Department of Labor as highly skilled jobs in business and industry. (b) The department shall develop pilot projects for the fiscal year 1994 and fiscal year 1995 school years and shall implement and direct a comprehensive apprenticeship program for all school systems by fiscal year 1996. (Code 1981, 20-2-161.2, enacted by Ga. L. 1992, p. 2772, 1.)
Effective date. - This Code section became
effective July 1, 1992.

72

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-162

20-2-162. Annual recalculation of demonstrate for each receiving local school

amount of funding; midterm system the average full-time equivalent

adjustment.

count used in the initial calculation com-

pared to the midterm average count for (a) The State Board of Education shall each program category system wide. If the annually recalculate the total amount recalculation for a local school system is needed under the Quality Basic Education less than the initial calculation, the

Formula for the midterm adjustment for the current fiscal year using the average of the first and the projected second full-time equivalent counts for the current fiscal year, with the first full-time equivalent

amount of funds initially allotted to the system shall not be reduced for the current
fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by

count weighted two parts and the projected instructional program in the manner and second full-time equivalent count by dates prescribed by the state board weighted one part; provided, however, that shall not be eligible for recalculation of

after such time as the student information their current year allotment. portion of the state-wide comprehensive (b) A midterm adjustment in a local educational information network has been .school system's local fair share shall be

implemented pursuant to Code Section made if:

20-2-320, and after such time as the second

(1) The most recent actual property

full-time equivalent count for the current tax digest for educational maintenance

fiscal year can be completed prior to April 1 of the current year, then if the second

and operation of a local school system, as approved by the Department of Reve-

full-time equivalent count for the current nue, is less than the actual property tax

fiscal year is lower than the projected second count, the midterm adjustment shall be calculated using the average of the two actual full-time equivalent counts
for the current fiscal year, with the first full-time equivalent count weighted two parts and the second full-time equivalent count weighted one part. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state

digest for educational maintenance and operation approved by the Department of Revenue for the year used initially to calculate the system's local fair share pursuant to Code Section 20-2-164, and such reduction is due to more accurate assessments or actual loss in tangible property or a combination of these factors as determined by the Department of Revenue; and
(2) The most recent equalized ad-

board shall increase the total allotment for justed school property tax digest for the said system by the difference between the local school system is less than the

recalculation and the initial calculation. All funds allocated as the result of this

equalized adjusted school property tax digest for the year used initially to

recalculation to a local school system for direct instructional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the

calculate the system's local fair share. Such a midterm adjustment shall be made
by reducing the initial local fair share by the percentage decrease over the most

direct instructional costs of any or all of recent two years in the actual property tax

the instructional programs specified in digest for educational maintenance and Code Section 20-2-161 which had full-time operation. The gross value of property

equivalent counts pursuant to this Code prior to deduction of any exemptions shall

section that are higher than the full-time be used throughout the calculations under

equivalent counts upon which the initial this subsection. The provisions of this

allocations were based. The balance of the subsection shall apply only to the midterm

funds allocated to a local school system as adjustment of local fair share as provided

the result of this recalculation must be in this Code section.

applied to items specified in Code Sections (c) A midterm adjustment shall be made

20-2-182 through 20-2-186 for instruc- for any local school system which qualifies

tional programs specified in subsection (b) for the middle school grant and is in the

of Code Section 20-2-161 and shall not be first year of operation of a middle school

expended for any program or service ex- program which satisfies all criteria set

plicitly excluded from the full-time equiva- forth in Code Section 20-2-290 as well as

lent count in Code Section 20-2-160. The any additional criteria established

total amount of increased funding required through policy of the State Board of Edu-

by the midterm adjustment shall be re- cation. The amount of such midterm ad-

quested by the state board and shall justment shall be calculated in the same

73

20-2-163

EDUCATION

manner as is specified in Code Section 20-2-290 for school systems which have qualified for the middle school grant by operating middle school programs for one or more prior years. To be eligible to receive this midterm adjustment, a local school system must also meet the following requirements:
(1) The local school system must submit an application to the State Board of Education during the fiscal year prior to the year of implementation of the qualifying program, adhering to application procedures and deadlines established by the state board; and
(2) The Department of Education must verify that the middle school program meets all established criteria through site visits to each school for which application has been made to be conducted no later than December 1 of the school year in which the middle school program is implemented. (Code 1981, 20-2-162, enacted by Ga. L. 1985,p. 1657, 1; Ga. L. 1987,p. 1169, 1; Ga. L. 1988, p. 1991, 2; Ga. L. 1989, p. 687, 1; Ga. L. 1990, p. 1354, 3; Ga. L. 1992, p. 1335, 2.)
The 1990 amendment, effective July I, 1990, inserted the language beginning with "after such time" and ending with "April 1 of the current year, then" near the middle of the first sentence in subsection (a).
The 1992 amendment, effective July 1, 1992, rewrote the first sentence of subsection (a).
20-2-163. Contract with adjoining local school system.
Reserved. Repealed by Ga. L. 1987, p. 1169, 1, effective July 1, 1987.
Editor's notes. - This Code section was based on Ga. L. 1985, p. 1657, 1.
20-2-164. Local fair share funds.
(a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed, for fiscal year 1992 only, 75 percent of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. For fiscal year 1993 and every year thereafter, the local fair share for any local school system shall not exceed the amount calculated pursuant to

subsection (d) of Code Section 20-2-161. The amount of each local school system's local fair share shall be calculated as follows:
(1) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated ~ursuant to paragraph (1.1) of subsectIOn (a) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;
(2) From the amount calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to
subsection (g) of this Code section; and (3) Multiply the remainder calculated
in paragraph (2) of this subsection by .005.
(b) (1) Each local school system shall apply the total amount of its local fair
share funds to any combination of programs funded under this article; pro-
vided, however, that no portion of the local fair share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any grant
program which explicitly excludes the application of local funds or which explicitly requires an application of local funds other than from the local fair share.
(2) The local school system may apply
revenues toward the local fair share from any source except: funds derived from the federal government which were
not designed to replace local tax revenues; state funds; student tuition and
fees; funds transferred from another local unit of administration; and other sources specifically prohibited by provi-
sions of this article; provided, however, that an independent school system may apply appropriations from the taxing authority of its municipal government.
(c) (1) The state auditor shall furnish to the State Board of Education the equal-
ized adjusted school property tax digests in accordance with Code Section 48-5-274.
(2) Except as provided in subsection (b) of Code Section 20-2-162, the sums of
the most recent equalized adjusted school property tax digests shall be used to make the calculations required by subsection (a) of this Code section for
each fiscal year.

74

ELEMENTARY, SECONDARY, ETC., EDUCATION

-
20-2-164

(d) Each municipality having an independent school system and each county government shall annually provide the Department of Revenue with the following information for each local school system within its jurisdiction:
(1) The total number of granted statewide constitutional homestead exemptions for occupied homes pursuant to Code Section 48-5-44 exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48,
and 48-5-52; (2) The total number of granted state-
wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48;
(3) The amounts of tax and nontax revenues by source which have been distributed by said local government to local school systems for educational maintenance and operation; provided,
further, that if the total tax revenues collected by a municipal government exceed the amount of all revenues distributed to its school system, the total amount of tax revenues collected by the municipal government shall also be submitted to the Department of Revenue. Such data shall be submitted to the Department of Revenue no later than the date required for the submission of
the local tax digests to the Department of Revenue; and
(4) The difference between the actual assessed valuation of agricultural property and the valuation that would be assessed if all agricultural property were assessed at 40 percent of its fair market value as provided in Code Section 48-5-7; provided, however, that if the taxing authority of a local school system assesses property at a legal standard other than 40 percent of fair market value, the actual assessed valuation used in this calculation shall be reduced to represent the amount which would be assessed if the jurisdiction assessed property at 40 percent of fair market value. (e) The Department of Revenue shall annually verify, certify as correct, and furnish the State Board of Education with the following data for each local school system by November 15:
(1) All tax and nontax revenues by source for the preceding fiscal year which were distributed for educational maintenance and operation; provided, however, such tax and nontax revenues shall exclude any state revenue collections which were previously distributed

to the state general fund and then appropriated or allocated to local school systems; and provided, further, that if the total tax revenues collected by a municipal government exceed the amount of all revenues which it distributed to its school system, the total amount of revenues distributed to the school system shall be designated as tax revenues in the report of the Department of Revenue to the state board;
(2) The number of exemptions
granted for state-wide constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52, for the preceding calendar year;
(3) The number of exemptions granted for state-wide constitutional homestead exemptions for disabled vet-
erans pursuant to Code Section 48-5-48 for the preceding calendar year; and
(4) The difference between the actual assessed valuation of agricultural property and the valuation that would be assessed if all agricultural property were assessed at 40 percent of its fair market value as provided in Code Section 48-5-7, adjusted pursuant to paragraph (4) of subsection (d) of this Code
section. (D The Office of Planning and Budget shall annually furnish to the State Board of Education the estimated number of individuals age 65 or older residing in
each local school system and the estimated percent that such individuals are of the total population for each local school system. The Office of Planning and Budget shall furnish all information requested by the General Assembly regarding the procedure for estimating this percent.
(g) For purposes of calculation under this Code section and Code Section 20-2-165, the equalized adjusted school property tax digest, adjusted by paragraph (1) of subsection (a) of this Code section, shall be reduced by the sum of the following products:
(1) The product of the number of constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44 granted for that year, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47,48-5-48, and 48-5-52, multiplied by the amount per exemption authorized under Code Section 48-5-44; provided, further, that in any city operating an independent school system which pro-

75

20-2-164

EDUCATION

vides a homestead exemption through local legislation comparable to that provided in Code Section 48-5-44, the prod-
uct calculated in this paragraph shall
represent the number of homestead .exemptions provided through the applIcable local legislation multiplied by the amount per exemption authorized in
Code Section 48-5-44, or by the amount per exemptio?- au~horize~ in the applicable local legIslatIOn, whIchever IS less;
and provided, further, that if the amount per exemption authorized in Code Sec-
tion 48-5-44 has been changed subsequent to the year of the applicable digest, the more recently adopted amount per exemption shall be used for
the product calculated in this para-
graph; (2) The product of the numbe~ of con-
stitutional homestead exemptIOns for disabled veterans pursuant to Code Sec-
tion 48-5-48 granted for that year, m.ultiplied by the amount per ex~mptIOn authorized under that Code sectIOn; provided, further, that in any city operat~ng an independent school system wh~ch provides a homestead exemptIOn through local legislation comparable to that provided in Code Section 48-5-48,
the product calculated in this paragraph shall represent the number of homestead exemptions provided through the applicable local legislation multiplied by the amount per exemption authorized in the applicable local legislation, whic~ ever is less; and provided, further, .that.If the amount per exemption authOrized In Code Section 48-5-48 has been changed subsequent to the year of the applicable
digest, . the more recently adopted amount per exemption shall be used for
the product calculated in this paragraph;
(3) The product of the estimated number of persons age 65 or older residing in the local school system during that year multiplied by 5,000;
(4) The product which results from the following calculations:
(A) Subtract the estimated state-
wide percentage that persons age. 65 or older is of the total populatIOn, excluding military personnel and in-
stitutional population, from the respective percentage for the local school system. If the respective percentage for the local school system is less than the state-wide percentage, a
difference of zero shall be used in the calculations in this paragraph;

(B) Multiply the difference which

results from subparagraph (A) of this

paragraph by 1,000; and

.

(C) Multiply the product WhICh re-

sults from subparagraph (B) of this

paragraph by the estimated number of

persons age 65 or older residing in the

local school system during that year;

and

(5) The product which results from

the following calculations:

.

(A) Divide the amount reported In

paragraph (4) of subsection (e) of. this

Code section by the average ratIO of

assessed value to true value used to

calculate the most recent equalized

adjusted school property tax digest

pursuant to Code Section 48-5-274;

and

(B) Multiply the quotient which re-

sults from subparagraph (A) of this

paragraph by .4.

(h) In the event a local school system

fails to provide for or to use the amount of

local funds required to be raised and

applied by the local school system toward

the support of the Quality Basic Education

Program as defined by this article during

any fiscal year, the State Board of Educa-

tion shall calculate the total amount of

such funds and add that amount to the

local fair share being required of the local

school system for an ensuing fiscal year.

Further, should the state auditor cite an

audit exception which requires that a local

school system return an amount of funds

to the state general fund, the state boa~d

shall add said amount to the local faIr

share of the local school system for an

ensuing fiscal year if the state board has

not been provided documentation that the

amount has already been paid to the state

general fund. Such additions will thereby

reduce the amount of state funds which

shall be allotted to such local school sys-

tems. If a local school system does not

fulfill its obligation relative to its assessed

local fair share or any other provisions of

this article for any fiscal year, the state

board may withhold any portion or all of

the state funds to be allotted during the

current or an ensuing fiscal year. (Code

1981, 20-2-164, enacted by Ga. L. 1985,

p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga.

L. 1991, p. 1531, 3; Ga. L. 1991, p. 1903,

13; Ga. L. 1992, p. 6, 20.)

The 1991 amendments. - The first 1991 amend-

ment, effective July 1, 1991, substituted, in subsec-

toinolny"(aal ~tdheenladninggua"gCeobdeegSinenctiinogn

"for fiscal year 20-2-161" for

1992 "one-

half of the amount calculated pursuant to paragraph

76

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-165

(1) of subsection (a) of Code Section 20-2-166". The second 1991 amendment, effective January 1, 1992, substituted, in subsection (a), the language beginning "for fiscal year 1992 only" and ending "Code Section 20-2-161" for "one-half of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166", rewrote paragraph (1) of subsection (a), and substituted "amount" for "product" in paragraph (2) of subsection (a).
The 1992 amendment, effective February 19, 1992, part of an Act to correct errors and omissions in the Code, in the introductory language of subsection (a), substituted "subsection (d)" for "subsection (c)".
Editor's notes. - Ga. L. 1991, p. 1903, 14, effective April 24, 1991, not codified by the General Assembly, provides "To assist counties and boards of education in planning, volumes of standing timber harvested in each county through the last business day of the second and third quarters of 1991 shall be reported by the purchaser, or by the harvester ifthere is no purchaser, to the tax assessors of the county or counties in which the timber was harvested by November 15, 1991. Such reports shall show the number of pounds, if available, or measured volume of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood so harvested. The commissioner, after consultation with the Georgia Forestry Commission, shall provide the tax assessor of each county with the weighted average unit price in pounds and measured volume paid through the last business day of such period for each such product class, no later than November 15, 1991."
Ga. L. 1991, p. 1903, 15, provides that the amendment to this Code section shall be applicable beginning January 1, 1992, with respect to ad valorem taxation of timber and shall be applicable beginning January 1, 1992, for all other purposes. Taxation for prior periods shall continue to be governed by prior law.
20-2-165. Equalization grants; annual calculation; allocation.
(a) As used in this Code section, the term:
(1) "Assessed valuation" is defined as 40 percent of the equalized adjusted school property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164.
(2) "Assessed valuation per weighted full-time equivalent" is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent for the year of the digest.
(3) "Average weighted full-time equivalent count" is defined as the first count of a fiscal year weighted two parts and the second count weighted one part.
(4) "Effective millage rate" is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000.
(5) "Eligible full-time equivalent program count" is defined as the sum of the

full-time equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 1986 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoin-
ing system under court order. (6) "Equalized adjusted school prop-
erty tax digest" is defined as the most recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164.
(7) "Guaranteed valuation school system" is defined as the local school system ranking at the ninetieth percentile in dollars of assessed valuation per weighted full-time equivalent, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent. For the purpose of determining the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system.
(8) "Local tax revenues" is defined as the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds.

77

20-2-165

EDUCATION

(9) "Most recent average weighted full-time equivalent count" is defined as the average of the two most recent weighted full-time equivalent counts.
(10) "Qualified local school system" is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking below the guaranteed
valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164.
(11) "Weighted full-time equivalent count" is defined as the sum of all eligible full-time equivalent program
counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent counts were obtained pursuant to Code Section 20-2-161.
(12) "Weighted full-time equivalent for the year of the digest" is defined as the average of the two weighted fulltime equivalent counts taken during that fiscal year beginning during the year of the digest. (b) The State Board of Education shall
annually calculate the equalization grant for each qualified local school system in the following manner:
(1) Subtract the assessed valuation per weighted full-time equivalent for the local school system from the assessed valuation per weighted full-time equivalent for the guaranteed valuation school
system; (2) Divide the difference resulting
from paragraph (1) of this subsection by 1,000;
(3) Subtract the millage rate applied to calculate the local fair share pursuant to subsection (a) of Code Section 20-2-164 from the effective millage rate for the local school system and use the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized;
(4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection;
(5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted fulltime equivalent count for the local school system; and
(6) The resulting amount shall be the equalization grant for the ensuing fiscal

year; provided, however, that for each local school system which serves under contract all of the students in Oll~ or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be recalculated to represent the amount that would be earned if the students transferred under said contract were included in the full-time equivalent counts of the local school system in which they reside; provided, further, that any recalculated equalization grant to be earned by a local school system sending students to another system un-
der the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted full-time equivalent student multiplied by the total weighted full-time equivalent count for students transferred, and any recalculated equalization grant to be earned by the local school system receiving students under said contract shall be increased by the
same amount. The amounts so recalculated shall be the equalization grants for such local school systems. The recalculations shall occur after the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system has been calculated and shall not affect the calculation of the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system. (c) The State Board of Education shall
allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion of local fair share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems. (Code 1981,

78

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-166

20-2-165, enacted by Ga. L. 1985, p. 1657, 1;Ga.L. 1987,p. 1169, 1; Ga. L. 1988, p. 612, 7; Ga. L. 1990, p. 1354, 4; Ga. L. 1992, p. 1335, 3.)
The 1990 amendment, effective July 1, 1990, substituted "3.25 effective mills" for "three effective mills" near the end of paragraph (3) of subsection (b).
The 1992 amendment, effective July 1, 1992, in subsection (a), inserted present paragraph (3), redes-
ignated the following paragraphs accordingly, and substituted "average of the two" for "average of the three" in present paragraphs (9) and (12).
Code Commission notes. - Pursuant to 28-9-5, in 1987, "full-time equivalent" for "FTE" throughout this Code section.
Pursuant to 28-9-5, in 1989, "are" was substituted for "is" in paragraph (7) of subsection (a).
20-2-166. State funds; calculation; al lotment; distribution.
(a) The State Board of Education shall calculate the total amount of state funds to be allotted to a local school system by:
(1) Adding the amount calculated for the local school system for grants authorized under the provisions of this article which do not expressly involve a local share, except the state school lunch grant pursuant to Code Section 20-2-187, to the amount calculated for the local school system for the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-161;
(2) Subtracting the amount of funds required by the local school system for local fair share pursuant to Code Section 20-2-164 from the sum in paragraph (1) of this subsection; and
(3) Adding any equalization grant which may be earned pursuant to subsection (c) of Code Section 20-2-165, the state school lunch grant pursuant to Code Section 20-2-187, and the portion to be paid from state funds for all grant programs authorized by this article which involve a local share, except the Quality Basic Education Formula, to the difference in paragraph (2) of this subsection, the result being the amount of state funds which the state board shall allot over the course of the fiscal year to the local school system, except that the amount of state funds allotted may be increased by the midterm adjustment as provided in Code Section 20-2-162. The state board shall, to the extent necessary, reduce the amount of state funds to be allocated to local school systems in support of the Quality Basic Education Program or in support of any of the purposes for which state funds might be

allotted to local school systems under this article if the amount of state funds appropriated in support of such program or in support of anyone or more of the purposes for which allotments of funds are provided by this article is not adequate to finance the cost of the state portion of such program or such purposes, determined in accordance with this article. (b) The State Board of Education shall, by regulation, provide for distribution of state funds allotted to local units of administration under this article and budgets approved by the state board. The state board is authorized to provide for distribution of state funds to local units of administration at such times and in such manner as will most likely meet the periodic needs of local units for the state allotted funds. In determining the time and manner for distribution of state funds, the state board may consider the time at which local school tax funds shall be collected and made available to local units of administration. State funds to be distributed to local units under this article shall be withdrawn from the state treasury on requisitions to be signed by the State School Superintendent, which shall be signed in accordance with such regulations and directions of the state board. (Code 1981, 20-2-166, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1991, p. 94, 20.)
The 1991 amendment, effective March 14, 1991, part of an Act to correct errors and omissions in the Code, revised language in this Code section.
Code Commission notes. - Pursuant to 28-9-5, in 1987 "Quality Basic Education Formula" was substituted for "Quality Basic Education formula" in paragraph (1) of subsection (a) and in the first sentence of paragraph (3) of subsection (a).
OPINIONS OF THE ATTORNEY GENERAL
State board may condition continued state fiscal assistance on implementation of state established reading requirements. - Although the State Board of Education does not have explicit authority to directly preclude a student in a local school district from progressing from one grade level to another if the child is not capable of reading in the higher grade level, the board may, as a condition of continued state fiscal assistance, require local boards of education to implement state board established reading requirements. 1975 Op. Att'y Gen. No. 75-63.
RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 92.

79

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C.J.S. - 78 C.J.S., Schools and School Districts

21.

'

20-2-167. Funding for direct instruc_ tional costs, media center costs, and staff development costs; computerized uniform budget and accounting system; submission of local budget to state board.
(a) (1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the salaries and operational costs portions. "Direct instructional costs" is defined as those components of the program weights which are specified in subsections (a) through (h) of Code Section 20-2-182. In computing the total funds needed for
direct instructional costs for each program, the state board shall apply the
percentage that these costs represent of the total costs used in developing the program weights. The direct instruc-
tional costs for the four instructional programs for handicapped students shall be summed into one amount for special education. For each program, each local school system shall spend a minimum of 90 percent of the funds designated for salaries in direct instructional costs for such salaries and a minimum of 90 percent of the funds designated for operational costs in direct instructional costs for such operational costs, except as modified in this paragraph. For purposes of determining compliance with the 90 percent expenditure amounts, the separate identification of salary and operational cost portions shall become effective on July 1, 1992. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the direct instructional costs of an instructional program. In the event a local school system does not actually enroll the fulltime equivalent count that was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 but does enroll a greater full-time equivalent count than was anticipated by its initial allocation

for one or more programs authorized pursuant to Code Section 20-2-161 as
reflected in the midterm calculations, the local school system shall be autho-
rized to increase the 90 percent amount for the appropriate portions of the direct instructional costs of any or all of the instructional programs which experienced the greater than anticipated fulltime equivalent counts and reduce the 90 ~ercent amount for the appropriate portIOns of the direct instructional costs of t,he instructional programs which experIenced the lower than anticipated full-time equivalent counts; provided, however, that the combined amount of such .reductions shall be equal to the combmed amount of increases in the 90 percent amounts for programs with greater than anticipated full-time equivalent program counts; provided, further, that the 90 percent amounts for direct instructional costs for any instructional program which experienced a lower than anticipated full-time equivalent count shall not be reduced below the 90 percent amount reflected in the midterm calculations. In the event a local school system does not actually enroll the full-
time equivalent count that was anticipated by its initial allocation for a program authorized pursuant to Code
Section 20-2-161 and it elects to return a portion of that allocation for direct instructional costs to the state, the 90 percent amount for the appropriate portions of the direct instructional costs of
that program shall be reduced by that returned amount. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other programs specified by that Code section.
(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specifying the

80

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salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a minimum of 90 percent of the funds designated for media center salary costs for such sala-
ries and a minimum of 90 percent of the funds designated for media center materials costs for such materials. For purposes of determining compliance with the 90 percent expenditure amounts, the
separate identification of salary and materials cost portions shall become effective on July 1, 1992. For each local school system which is granted an additional allotment for the midterm adjust-
ment pursuant to Code Section 20-2-162, the 90 percent amounts shall be increased by the portion of the midterm
adjustment allotment which is applied to the respective portions of the media
center costs. In the event a local school system does not actually enroll the fulltime equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 percent amount for the appropriate portions of the media center costs shall be
reduced by that returned amount. Quality Basic Education Formula funds in
excess of the amount required by this paragraph to be expended by a local school system for media center costs
which are not expended for this purpose may be expended only for the costs of
one or more of the programs specified by Code Section 20-2-161.
(3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In comput- ing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 90 percent of the total funds designated for staff development programs for certificated and classified personnel and local school board members and for meeting the certification requirements needed by personnel to continue in currently assigned positions. If a local school system expends any portion of its professional development stipends for staff development programs pursuant to subsection

(h) of Code Section 20-2-182, the 90 percent amount calculated under this subsection shall be increased by 90 percent of that amount of professional development stipends funds expended for this purpose. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these
90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff
development. In the event a local school system does not actually enroll the fulltime equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development costs to the state, the 90 percent amount for staff develop-
ment shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount
required by this paragraph to be expended by a local school system for staff development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for ad-
ministration and operation of the staff development and professional develop-
ment programs authorized pursuant to subsection (h) of Code Section 20-2-182.
(4) In the event any local school system should fail to encumber at least 90 percent of the funds specified in paragraph (1), (2), or (3) of this subsection,
the state board shall increase the local fair share for an ensuing year by the difference between the actual amounts encumbered and the 90 percent amounts calculated pursuant to this subsection. All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article.
(5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year

81

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EDUCATION

for the purposes of that fund or account. There shall be no fund or account in the nature of a "surplus" or "unobligated surplus" fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget for any
year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that year's total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expenditure of such amounts are clearly and specifically identified. The purpose of this
paragraph is to prohibit local school systems from accumulating surplus funds through taxation without account-
ing to the taxpayers for how such funds will be expended, and this paragraph
shall be liberally construed to accomplish this purpose. (b) (1) The State Board of Education
shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational information network established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved; (B) Whether basic education or enrichment in purpose; (C) Fund source or sources; and (D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development. (2) The state board is authorized to prescribe information that must be submitted to the state board and the time it must be submitted. The state board is authorized to establish a financial review section for the limited purpose of

reviewing financial records and account-

ing of local governing boards and assist-

ing local units of administration in

training personnel in financial and bud-

getary accounting.

(c) The State Board of Education is

authorized to prescribe a date by which

each local umt of administration must

submit a budget to the state board. The

regulations developed by the state board

must make adequate provision for local

review and modification prior to local

approval and submittal to the State School

Superintendent. T~e State School Superin-

tendent shall provIde for the examination

and preparation of a written report on the

budget of each local unit and submit a copy

to the state board and to the respective

local unit of administration. The state

board shall either accept or reject the

budget of a local unit.

.

(d) The standards set forth in this arti-

cle shall be construed as setting out a basic

plan for the direction of the State Board of

Education in planning a program and

presenting proposals to the Governor and

to the General Assembly. Nothing in this

article shall be construed as amending or

modifying in any way Part 1 of Article 4 of

Chapter 12 of Title 45, known as the

"Budget Act." The state board shall, in all

of its programs involving allocation or

expenditure of funds, be governed and

controlled by Part 1 of Article 4 of Chapter

12 of Title 45 and all other laws of general

application pertaining to the handling and

expenditure of state funds, none of which

are amended, modified, or repealed by this

article unless specifically so provided in

this article. (Code 1981, 20-2-167, en-

acted by Ga. L. 1985, p. 1657, 1; Ga. L.

1987, p. 1169, 1; Ga. L. 1988, p. 1412,

1; Ga. L. 1989, p. 690, 1; Ga. L. 1990,

p. 847, 2; Ga. L. 1990, p. 1972, 3; Ga.

L. 1991, p. 1531, 4; Ga. L. 1991, Ex.

Sess., p. 86, 2; Ga. L. 1992, p. 6, 20.)

The 1990 amendments. - The first 1990 amendment, effective on the earlier of the date on which funding is provided for the base amount in the Quality Basic Education Formula as specified in subsection (a) of 20-2-161 or July 1, 1992, added ",speci(ying the salaries and operational cost portions" at the end ofthe first sentence in paragraph (1) of subsection (a), substituted the present fifth sentence for the former fifth and sixth sentences, which read as follows: "The direct instructional costs for the kindergarten program and primary grades program shall be summed into one amount for the early elementary grades. Of the total funds designated for direct instructional costs for each program, a minimum of 90 percent shall be spent on the direct instructional costs of such program, except as modi-

82

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fied in this paragraph.", substituted "amounts" for "amount" in the sixth sentence and in two places near the end of the seventh sentence in paragraph (1) of subsection (a), inserted "respective portions of the" near the end of the sixth sentence in paragraph (1) of subsection (a), inserted "the appropriate portions of the" near the middle of the seventh sentence and near the end of the eighth sentence in paragraph (1) of subsection (a) and near the end of the fifth sentence in paragraph (2) of subsection (a), inserted "appropriate portions of the" preceding "direct instru::tional costs of the instructional programs" near the middle of the seventh sentence in paragraph (1) of subsection (a), added ", specifying the salaries and materials cost portions" at the end of the first sentence in paragraph (2) of subsection (a), substituted the present third sentence of paragraph (2) of subsection (a) for the former third sentence, which read as follows: "Each local school system shall spend a minimum of 90 percent of the total funds designated for media center cost for this purpose.", and inserted "the respective portions of the" near the end of the fourth sentence in paragraph (2) of subsection (a). The second 1990 amendment, effective July 1, 1990, deleted the former fifth sentence of paragraph (1) of subsection (a), which read: "The direct instructional costs for the kindergarten program and primary grades program shall be summed into one amount for the early elementary grades."
The 1991 amendment, effective July 1, 1991, in paragraph (1) of subsection (a), substituted "subsections (a) through (h)" for "subsections (a) through (g)"
in the second sentence, and inserted "For purposes of determining compliance with the 90 percent expenditure amounts, the separate identification of salary and operational cost portions shall become effective on July 1, 1992." near the beginning of the paragraph; and inserted, near the middle of paragraph (2) of subsection (a) "For purposes of determining compliance with the 90 percent expenditure amounts, the separate identification of salary and materials cost portions shall become effective on July 1, 1992."
The 1991 extraordinary session amendment, effective September 18, 1991, added subsection (e).
The 1992 amendment, effective February 19, 1992, part of an Act to correct errors and omissions in the Code, substituted "subsection (h)" for "subsection (g)" in the fourth and last sentences of paragraph (3) of subsection (a).
Code Commission notes. - Pursuant to 28-9-5, in 1987, in subsection (a), "full-time equivalent" was substituted for "FTE" in the eighth sentence of paragraph (1), in the fifth sentence of paragraphs (2) and (3) and "Quality Basic Education Formula" was substituted for "Quality Basic Education formula" at the beginning of the last sentence in paragraphs (1), (2), and (3).
Editor's notes. - The amendment to this Code section by Ga. L. 1990, p. 847, 2, was to become effective upon the earlier of the date on which
funding is provided for the base amount in the Quality Basic Education Formula as specified in subsection (a) of 20-2-161 or July 1, 1992. Such funds were not provided at the 1990 session. Ga. L. 1991, p. 1531, 7, effective July 1, 1991, not codified by the General Assembly, repealed 2 and 6(b) of Ga. L. 1990, p. 847. Therefore, the amendment by Ga. L. 1990, p. 847, 2, is not given effect in this Code

section, as set out above. See the 1990 amendment note for the changes made by this amendment.
Pursuant to its own terms, subsection (e), as added by Ga. L. 1991, Ex. Sess., p. 86, 2, relating to a relaxation of the 90 percent encumbrance requirement for the fiscal year beginning July 1, 1991, was repealed effective June 30, 1992.
Ga. L. 1991, Ex. Sess., p. 86, 1, not codified by the General Assembly, provides that, as a result of the fiscal year 1992 budgetary crisis necessitating reductions in appropriations to all departments, and for fiscal year 1992 only, the state recognizes that local school systems may need greater flexibility in terms of expenditures for direct instructional costs by program, media center costs, and staff development costs, such that "for and only for fiscal year 1992, relaxation of the 90 percent expenditure controls required by the 'Quality Basic Education Act,' specifically subsection (a) of Code Section 20-2-167, will not, under this limited time framework and under these extraordinary circumstances, adversely impact upon the state's objectives and goals specified by the 'Quality Basic Education Act.'''
20-2-168. Distribution of federal funds; combined purchase of supplies and equipment; minimum school year; summer school programs; year-round operation.
(a) All federal funds received by the State Board of Education for purposes contained within this article shall be apportioned and distributed by the state board in a manner consistent with this article as additional aid to local units of administration in defraying the cost of establishing and operating approved programs subject to such rules and regulations as may be prescribed by the state board and in accordance with the approved state plan for such programs, where applicable.
(b) (1) The State Board of Education, through a study which includes consultation with the Department of Administrative Services, representatives of local units of administration, and such others as the state board may consult, shall determine whether an overall substantial price advantage to local units of administration may be obtained by means of a combined bid by local units through the state board and the Department of Administrative Services on standard items of school equipment, supplies, services, or other expenses designated by the state board which are ordinarily needed, procured, or incurred by local units, without a sacrifice of safety or quality. The study used to make such determination shall be per-

83

20-2-168

EDUCATION

formed not less than once every five

years. If the state board shall determine

that such a price advantage to local

units may be obtained by such means on

anyone or more of such items or ex-

penses, the state board shall, after con-

sultation with such persons, establish

sets of uniform standard specifications

for such item or items as may reason-

ably be required in order to meet the

various needs and requirements of the

several local units of administration.

Local units of administration shall, at

such times as the state board shall

prescribe, report the probable annual

requirement of the local unit for such

standard items to the state board and

the requested time for future delivery of

such items. The state board shall com-

pile such requirements and submit a

compilation of them to the Department

of Administrative Services, together

with such other information as may be

needed or otherwise requested by the

Department of Administrative Services

for the purpose of a~vertisingfor. bids for

a uniform state prIce on such Items.

(2) The Department of Administra-

tive Services shall advertise for bids for

supply of such items in the same ma!1ner

followed for state purchases; provld~,

however that it shall inform prospectIve

bidders that the bid requested is for the

furnishing of such items to the desig-

nated local units of administration at

the times specified on the basis of a

single state price applicable to.all local

units that payment for such Items as

may be purchased by local units shall be

made by the respective loca~ units to the

bidder, that no guarantee IS made that

any purchases will be made from the

successful bidder as a result of such

bshidadllinbg~

and such other information as appropriate under the circum-

stances. The Department of A.dminis~ra

tive Services shall, upon receIpt of bIds,

process them in the same manner fol-

lowed for state purchases and promptly

notify the state board of the name of tJ:1e

successful bidder and such other avaIl-

able information as may be required by

the state board, which shall promptly

forward such information to all local

units of administration.

(3) Local units of administration may

obtain competitive bids from vendors ~m

such standard items of school eqUIp-

ment, supplies, service~, or othe~ ex-

penses based upon umform speCIfica-

tions established for such items by the

state board and may purchase such

items from the vendo~ submitting the best bid to the local umt, whether or not the bid price of such vendor is greater or
less than the state bid price on such items; provided, however, that whenever
a local unit purchases such standard items at a price in excess of the state bid price for such items, the state board shall when computing standard costs for allotment of state funds, disallow the excess costs paid for such items by the local unit; provided, further, that local units of administration shall implement
textbook adoptions from textbook listings prescribed by the state board p~rs~ ant to Article 19 of this chapter wlthm
18 months of the time said textbook listings are provided by the state board.
The state board shall prescribe regulations necessary for implementation and enforcement of this subsection and is authorized to establish standards and uniform standard specifications and procedures for the purchase, distribution, use and maintenance, as the case may be, 'of school equipment, supplies, ser-
vices, and other expenses, as may be
designated by the state board, whether or not state bid prices are obtained on such items. (c) (1) Except as otherwise provided in
this Code section, public elementary and secondary schools of this state receiv~ng state aid under this article shall prOVIde
each eligible student with access to no less than 180 school days of education each fiscal year. The State Board of Education shall define a school year, which shall be no less than 180 days of instruction in accordance with the provi-
sions of this subsection, and shall define the length of th~ school. day. .
(2) Any provisIOn of thIS subsectIO~ or this article to the contrary notwIthstanding, when the ~resident o~ the United States proclaIms a natIOnal emergency, or when the Governor proclaims a state of emergency, or when, because of emergency, disaster, act of God civil disturbance, or a shortage of vitai and critical material, supplies, or
fuel the continued operation of the pubhc schools according to the definitions of school year, school month, or school day is impractical or impossible,
then the state board shall have the power to authorize local b~ar~s of education to depart from a strIct mterpretation of these definitions, and such depar-
ture need not be unifonn throughout the state.

84

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-168

(3) In the event that at the end of the last complete week of the school year four or fewer days remain for completion of the regular 180 day school year, a local board of education may, without the necessity of authorization from the state board, elect not to continue school into the following week if the additional days otherwise needed are the result of days when school was closed due to emergency, disaster, act of God, civil disturbance, or shortage of vital or critical material, supplies, or fuel. In any such case, the school year applicable to that local board of education may terminate, in the discretion of the local board, at the end of the last school day of the
last complete week of the school year otherwise provided for in this Code section. The provisions of this paragraph shall not limit the authority of the state board under paragraph (2) of this subsection.
(4) Each fiscal year shall begin on
July 1 and end on June 30 of the following year. (d) The governing board of any local
unit of administration may provide for continued operation of one or more educational programs of the local unit for a period of time beyond the normal school year provided for in subsection (c) of this Code section for the purpose of providing summer school education programs, including: the continuation of one or more instructional programs provided for in Part 3 of this article, enrichment of prescribed school programs, accelerated school programs, special programs of edu-
cation enumerated by or coming within the scope of this article, and such other education programs as may be approved by the State Board of Education. All summer school programs shall meet and be offered in accordance with standards, requirements, and criteria prescribed by the state board. Teachers and other certificated professional personnel employed full time or part time during such period shall be paid additional salaries based on the state minimum monthly salary schedule in proportion to the time and services rendered by such personnel. No additional state funds shall be allotted to local units in support of such programs unless the General Assembly authorizes funds for this purpose. The state board is authorized to allot such state funds to local units in support of all or anyone or more of such summer school education programs. The extent to which these state funds may be allotted to local units of administration in

support of anyone or more of such programs shall be determined by the state board but shall not in any event exceed the ratio of state funds to local funds made available to the local unit during the preceding school year in support of the calculated cost of providing the Quality Basic Education Program in the local unit during that school year. The state board is authorized to determine the relative need for establishment of anyone or more of the various summer school education programs enumerated in this subsection, to establish priorities for implementation of
such programs, and to allot funds appropriated for this purpose to local units of administration in support of those programs.
(e) (1) It is declared to be the policy of
this state that every effort be made to utilize currently available educational facilities and equipment on a year-round basis. The State Board of Education shall certify that a local school system has a year-round operation for one or more grade levels for any instructional program as provided in Part 3 of this article which meets the following criteria:
(A) That the operation of the program is for 232 official attendance days or more, constituting four quarters or any plan for year-round operation approved by the state board;
(B) That for a student's first 176 or more days, constituting three quarters or an equivalent plan approved by the
state board, attendance shall be on a tuition-free basis; and
(C) That the program is offered for all official attendance days in accordance with such standards, requirements, and criteria as may be prescribed by the state board. (2) For all instructional programs of a local school system approved by the state board for year-round operation pursuant to paragraph (1) of this subsection, whether the year-round operation is approved system wide or for only a portion of the local school system, the state board shall make the following modifications concerning the calculation of the full-time equivalent counts used in the allotment provisions under this article, specifically the provisions of Code Sections 20-2-161, 20-2-162, and 20-2-165:
(A) The state board shall require a full-time equivalent count to be done each year for the instructional programs approved for year-round opera-

85

EDUCATION

~ion between June 15 and August 15 m a manner and on a d~te specified by the state board; provlded, however, that such counts shall be done in a manner consistent with the provisions of Code Section 20-2-160;
(B) The state board shall average the summer full-time equivalent count with the other full-time equivalent counts for the instructional programs approved for year-round operation that are specified in the appropriate allotment provisions of this article; and
(C) The state board shall multiply the averages which result from subparagraph (B) of this paragraph by one and one-third and use this fulltime equivalent count in all allotment calculations for these instructional programs. A similar process shall be applied to all other instructional programs approved by the state board for year-round operation which are required by this article or by state board policy to use student counts in determining the allotment of funds to local school systems. (3) The state board shall have the authority to prescribe requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection. (Code 1981, 20-2-168, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1988, p. 9, 1; GaL. 1990,p. 1269, l;Ga.L. 1992,p. 6, 20.)
The 1990 amendment, effective July 1, 1990, repealed Ga. L. 1988, p. 9, 2, which would have repealed paragraph (3) of subsection (c) and would have redesignated paragraph (4) as paragraph (3) thereof, effective July 1, 1990.
The 1992 amendment, effective February 19, 1992, part of an Act to correct errors and omissions in the Code, revised punctuation in paragraph (3) of subsection (b) and in subsection (d).
Cross references. - State purchasing generally, 50-5-50 et seq.
Code Commission notes. - Pursuant to 28-9-5, in 1987, in paragraph (2) of subsection (e), "full-time equivalent" was substituted for "FTE" in the introductory language and subparagraphs (A), (B), and
(C).
Pursuant to 28-9-5, in 1989, "operation" was substituted for "operations" in subparagraph (e)(2)(B).
Law reviews. - For comment on Crim v. McWhorter, 242 Ga. 863, 252 S.E.2d 421 (1979), see 31 Mercer L. Rev. 341 (1979).
JUDICIAL DECISIONS
ANALYSIS
GENERAL CONSIDERATION
SUMMER SCHOOL

General Consideration
Editor's notes. - In light of the similarity of the provisions, decisions u~der former .Code 191~, 1551(72) are included III the annotatIOns for thIS Code section.
When scholastic year coincident with calendar year, school tax not levied in year election held. - The scholastic year being coincident with the calendar year, an election held on November 10, 1927, authorizing the levy of a tax for a local school district, did not authorize the assessment and levy of a school tax in the year 1927 and the issuance of an execution therefor. Woods v. Miller, 168 Ga. 259, 147 S.E. 74 (1929) (decided under former Code 1910, 1551(72)).
Contracts not rendered void by fact county board disregarded section. - The fact that a county board of education has adopted a school year in disregard of this section will not have the effect of rendering contracts null and void. McKenzie v. Board of Educ., 158 Ga. 892, 124 S.E. 721 (1924) (decided under former Code 1910, 1551(72)).
Summer School
Summer school not considered part of "adequate education" guaranteed by Constitution. If the Legislature had intended that summer school be considered part of the "adequate education" guaranteed by the Constitution, the operation of summer quarter sessions would have been mandatory rather than discretionary. Crim v. McWhorter, 242 Ga. 863, 252 S.E.2d 421 (1979). For comment, see 31 Mercer L. Rev. 341 (1979).
Summer school sessions are not historically or logically included in free system of common schools mandated by the Constitution and statutes of this state. Crim v. McWhorter, 242 Ga. 863, 252 S.E.2d 421 (1979). For comment, see 31 Mercer L. Rev. 341 (1979).
School could not be compelled to operate a summer school session since it is neither required nor supported by direct state funding. Crim v. McWhorter, 242 Ga. 863, 252 S.E.2d 421 (1979). For comment, see 31 Mercer L. Rev. 341 (1979).
OPINIONS OF THE ATTORNEY GENERAL
Section not violated by school year alternating attendance with vacation. - A continuous school year program under which pupils alternately attend school for 60 days and are on vacation for 20 days is not violative of this section. 1971 Op. Att'y Gen. No. 71-87.
Length of "school day" relates to length of day during which students actually taught. - The reference to the length of a "school day" in this section relates to the length of the day during which students are actually being taught and not to the traditional duties required of teachers above and beyond actual classroom teaching. 1975 Op. Att'y Gen. No. U75-69.
Variances granted regarding length of school day or year need not be uniform throughout state. - Variances which the State Board of Education grants to local school systems regarding the length of the school day need not be uniform through-

86

ELEMENTARY, SECONDARY, ETC., EDUCATION

,
20-2-181

out the state, and the board can grant such a variance to a particular local school system with respect to the length of its school day without deducting a portion of the state fiscal assistance to which that system would otherwise be entitled. 1977 Op. Att'y Gen. No. 77-69.

ness then due. (Code 1981, 20-2-170, enacted by Ga. L. 1991, p. 1579, 1.)
Effective date. - This Code section became effective April 17, 1991.

RESEARCH REFERENCES

PART 5

Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 109-127.
C.J.S. - 79 C.J.S., Schools and School Districts, 483.
20-2-169. Receipt of federal funds for career, occupational, or technical education.
The Department of Education is designated as the sole state agency to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or technical education; provided, however, those funds appropriated for the operation and management of postsecondary technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Technical and Adult Education; provided, further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. (Code 1981, 20-2-169, enacted by Ga. L. 1988, p. 1252, 4.)
Cross references. - Receipt of federal funds for career, occupational, or technical education, 20-4-17.

PROGRAM WEIGHTS AND FUNDING
REQUIREMENTS
20-2180. Essential educational resources as basis for base amount and program weights.
The essential educational resources described in this part shall serve as the basis for computing the base amount and program weights used in the Quality Basic Education Formula pursuant to Code Section 20-2-161. Although the essential educational resources described in this part shall serve as guidelines to local school systems as to the manner by which funds allocated pursuant to Code Section 20-2-161 are expended, the local school systems are authorized to expend such funds as deemed appropriate and necessary to provide the most effective educational programs and services needed by enrolled students, except as otherwise limited by the provisions of subsection (a) of Code Section 20-2-167 and other appropriate provisions of this article and by policies, regulations, and standards promulgated by the State Board of Education. (Code 1981, 20-2-180, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169,
l.)

20-2-170. Authority to withhold payment of bonded indebtedness from appropriation.

Code Commission notes. - Pursuant to 28-9-5, in 1987 "Quality Basic Education Formula" was substituted for "Quality Basic Educaton formula" in the first sentence.

If the State Board of Education has received the notification from any local school system or district described in Code
Section 20-2-480 and if at any time the State Board of Education is notified by the sinking fund custodian, trustee, or paying
agent for bonded indebtedness of such school district or system that the school district or system has failed to effect the punctual payment of the principal of or
interest on such indebtedness, the State
Board of Education is authorized to and shall withhold from any state appropriation to which such school district or system
may be entitled and apply so much thereof as shall be necessary to the payment of the
principal of and interest on such indebted-

OPINIONS OF THE ATTORNEY GENERAL
Funding enrichment courses. - Local school systems may offer driver's education and other enrichment courses during regular school hours and may utilize state funds for the provision of these courses, so long as the requirements of the Quality Basic Education Act are met, even though the enrichment courses will not count in the calculation of the amount of state funds which a local school system may receive. 1985 Op. Att'y Gen. No. 85-35.
20-2-181. Calculation of program weights to reflect base school size.
The calculation of all program weights shall reflect a base size local school system

87

20-2-182

EDUCATION

--

of 3,300 full-time equivalent students. The calculation of program weights for the kindergarten program, the primary grades (1-3) program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calculation of program weights for the middle grades (6-8) program, the special education programs, and the remedial education program shall reflect a base school size of 624 full-time equivalent students. The calculation of the program weights for the high school general education program and the high school nonvocational and vocational laboratory programs shall reflect a base school size of 970 full-time equivalent students. (Code 1981, 20-2-181, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1990, p. 847, 3.)
The 1990 amendment, effective July 1, 1990, substituted "program, the primary grades (1-3) program, and the upper elementary grades (4-5) program" for "program and primary grades program" in the second sentence and inserted "(6-8)" in the third
sentence.
20-2-182. Program weights to reflect funds for payment of salaries and benefits.
(a) The program weights, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of all teachers needed to provide essential classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students, subject to appropriation by the General Assembly.
(b) The program weights for the kindergarten program, the primary grades program, and the remedial education program, when multiplied by the base amount, shall reflect sufficient funds to provide instructional aides to assist teachers; provided, however, that pursuant to subsection (a) of Code Section 20-2-167 funds earned by a local school system for direct instructional costs of any program specified in Code Section 20-2-161 may be used to employ instructional aides. Further, the program weights for the upper elementary grades (4-5) program and the middle grades (6-8) program, when multiplied by the base amount, shall reflect the cost of providing teachers with clerical assistance for a limited portion of each school day, subject to appropriation by the General Assembly.
(c) The program weights for the primary, upper elementary, and middle grades programs, when multiplied by the

base amount, shall reflect sufficient funds to p~y. at least the beginning salaries .of speclahst~ qualified to teach art, mUSIC, an.d .phYSIcal education, subject to appropriatIOn by the General Assembly.
(d) The program weight for the middle grades pr?gram and the program weights for the hIgh school programs authorized pursuant to .paragraph (4) of subsection (b) of Code SectIOn 20-2-151 when multiplied by the base amount, shali reflect sufficient fu~ds to pay the beginning salaries for gmda~ce co.unselors needed to provide essential gmdance services.
(e) The program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code
Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds t~ .provide for the development and superVISIOn of an extended day program during the regular school year. Further said program weights, when multiplied by the base amount, shall reflect sufficient funds to provide teachers with a preparation period free of assigned students.
(D The program weights for the high school nonvocational laboratory program and the vocational laboratory program, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of laboratory supervisors in each program.
(g) All program weights, when multi-
plied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, payments to teachers for unused sick leave, the employer's portion of costs for membership in
the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly. The State Board of Education shall withhold from the allotment for each local school system which operates an independent retirement program the amount intended to pay the employer's portion of costs for membership in the Teachers Retirement System of Georgia. The state board shall remit the amount withheld directly to the Teachers Retirement System of Georgia.
(h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) of Code Section 20-2-161, an

88

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20-2-182

amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall also reflect an amount of funds for the purpose of providing professional development stipends which shall be sufficient to allow eligible certificated
personnel to participate in such activities at least once every five years, subject to appropriation by the General Assembly.
Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participation; provided, however, that such limit shall be adjusted annually, consistent with the percentage increase in the salary base determined pursuant to Code Section 20-2-212. No stipends shall be provided for less than one credit hour participation or
for more than 15 hours within the fiscal year. Each credit hour shall require ten contact hours of participation. Funds used
for staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet staff development needs in the order of priority determined by the local board of education within the comprehensive staff development program
plan approved by the State Board of Education pursuant to Code Section 20-2-232. Funds for professional development stipends may be used for activities occurring at any time during the fiscal year outside of an employee's normal contract hours. A local school system shall be authorized to expend up to 15 percent of its initial allotment of funds for providing professional development stipends for staff development programs as specified under this subsection. If any portion of professional development funds are not expended by a local school system for these purposes, that portion shall be returned to the state. Such staff and professional development activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232.
(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article

the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the class sizes used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educationaljustification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education. (Code 1981, 20-2-182, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1988, p. 612, 8; Ga. L. 1988, p. 1412, 2; Ga. L. 1988, p. 1496, 1; Ga. L. 1990, p. 847, 4; Ga. L. 1990, p. 918, 1; Ga. L. 1991, p. 94, 20; Ga. L. 1991, p. 1531,
5.)
The 1990 amendments. - The first 1990 amendment, effective July 1, 1990, substituted "program weights for the upper elementary grades (4-5) program and the middle grades (6-8) program" for "program weight for the middle grades program" in
the second sentence of subsection (b), inserted ", upper elementary," following "the primary" near
the beginning of subsection (c), and added the language beginning with "; provided, however" and ending with "Code Section 20-2-212" at the end of the third sentence in subsection (g). The second 1990
amendment, effective July 1, 1990, in subsection (g) inserted ", including days when students are not
present at school," in the sixth sentence and substituted all of the present language of the seventh sentence following "stipends" for "may not be used for
activities occurring during the period of the fiscal year that an employee is under contract."
The 1991 amendments. - The first 1991 amendment, effective March 14, 1991, part of an Act to
correct errors and omissions in the Code, revised language in subsection (g) (now subsection (h), as
redesignated by the second 1991 amendment). The second 1991 amendment, effective July 1, 1991, in subsection (b), inserted ", when multiplied by the base amount," following "the remedial education
program", substituted "Further, the program weights" for "Further, the base amount and program
weights", anI! inserted ", when multiplied by the base amount," following "the middle grades (6-8) program"; inserted "weight for the middle grades pro-

89

20-2-183

EDUCATION

gram and the program" following "The program" at the beginning of subsection (d), and deleted from that subsection the last two sentences, relating to funding of extended day programs and preparation periods; added the present subsection (e); redesignated former subsections (e) through (h) as present subsections CD through (il; and substituted "subsection (D" for "subsection (e)" in the first sentence of present subsection
(h).
OPINIONS OF THE ATTORNEY GENERAL
Sick leave. - The state law entitlement to payments for unused sick leave is limited to teachers and does not include administrative and other personnel in view of the reference in 20-2-850(c) to subsection (D (now subsection (g)) of this section, which applies only to "teachers." 1989 Gp. Att'y Gen. No. 89-21.
Neither the State Board of Education nor the local boards of education are obligated to make payments to teachers for unused sick leave if the General Assembly fails to appropriate adequate funds to make such payments. 1989 Gp. Att'y Gen. No. 89-21.
Local boards of education are not prohibited from adopting policies providing for payments for unused sick leave, so long as the cost of implementing and maintaining such policies is paid entirely from local, as opposed to state, funds. 1989 Gp. Att'y Gen. No. 89-21.
20-2-183. Program weights to reflect funds for maintenance and operation of facilities.
All program weights, when multiplied by the base amount, shall reflect sufficient funds to provide for the maintenance and operation of facilities essential for housing instructional programs and essential supportive educational services, subject to appropriation by the General Assembly. (Code 1981, 20-2-183, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1.)
20-2-184. Program weights to reflect funds for media specialists.
All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salary for at least one media specialist for an appropriate base size school pursuant to Code Section 20-2-181 and to provide media center materials and equipment, including computer hardware and software, as essential to support instructional programs authorized under Part 3 of this article, subject to appropriation by the General Assembly. (Code 1981, 20-2-184, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1992, p. 1500, 1.)

Th~ 199~,. ame~dment, effective July 1, 1992,
sti.uabI"stfiioturt'.,eads I.Smecslsuednmtiga"l"foarn"deixncsIeurdtI'end/,";",'oafnthdi"saasretls.CsIeen"-.
20-2-185. Program weights to re!le~t funds for salaries for pnnclpals and secretaries.
All program weights, when multiplied by the base amount, shall reflect sufficient fu~ds. to pay the. beginning salaries of prmcIpals a~d aSSIstant principals as well as the salanes of secretaries essential for the t;fficient .and effective management of t~e ll1structIOnal and supportive educatIOnal programs of an appropriate base size school purs,uant to Code Section 20-2-181 and to provIde for the costs of operating an administrative office in the school subject to appropriation by the General A~sembly. (Code 1981, 20-2-185, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169,
1.)
20-2-186. Program weights to reflect funds for salaries of superintendents, visiting teachers, special education leadership personnel and school psychologists and psychometrists.
All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a superintendent, assistant superintendents, and a visiting teacher as well as the salaries of secretaries and an accountant essential for the efficient and effective management of all instructional and supportive educational programs of a base size local school system pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of

90



ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-187

such programs in a base size local school system, subject to appropriation by the General Assembly. (Code 1981, 20-2-186, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1990, p. 847, 5.)
The 1990 amendment, effective July 1, 1990, inserted "and for workers' compensation and employ-
ment security payments for personnel at the central office, school, and program levels" near the end of the first sentence, deleted "and school psychologists and psychometrists" following "education leadership personnel" near the end of the second sentence, and added the third sentence.
20-2-187. State-wide school lunch program; instruction in nutrition, hygiene, etiquette, and social graces; school food and nutrition personnel.
(a) (1) The State Board of Education shall annually determine the amount of state funds needed to provide a statewide school lunch program. The state board shall, by regulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for school lunch personnel. The state board is authorized to provide for the payment of:
(A) Operating costs of school lunchrooms, including breakfast costs, as financed by federal funds, for those students eligible under federal guidelines;
(B) State supplements to the salaries paid such personnel by local units of administration; and
(C) State incentive pay for satisfactory completion of such training programs. (2) An application of local fair share funds pursuant to Code Section 20-2-164 shall not be made for payments to local units of administration under this Code section. Any state funds appropriated for this purpose shall be used to supplement federal funds as a means of keeping sale prices within reach of paying students and of maximizing participation and quality meals for all students. (b) The State Board of Education is authorized to prescribe by appropriate rules and regulations that there may be included as part of the program of every public school in this state a course of instruction in nutrition, hygiene, etiquette, and the social graces relating to the partaking of meals and is further authorized to allot funds, in a manner consistent with the funding for the other

various components of the instructional program, to local units of administration for costs directly associated with this program. There may be utilized in the course of instruction the full resources available to each individual school, including its cafeterias, school lunch personnel, and all
practical demonstrations in the preparation and consumption of food which may be
necessary to formulate a comprehensive course of instruction in such subject matter. Any period of the school day may be utilized for the teaching of this course of instruction, including that period usually reserved for the lunch period.
(c) (1) The State Board of Education shall establish a system of allotments of funds to local units of administration to provide for services rendered on a tenmonth basis by school food and nutrition personnel. The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals in that local unit of administration, multiplied
by an annual base payment. For each school food manager, the local unit of administration shall earn the base payment as well as an amount not to exceed $100.00 per month.
(2) The base payment shall be calculated on the basis of an annual number of hours (190 days multiplied by eight hours) for a full-time equivalent school lunch position, multiplied by an amount
not less than $161.00 rer month for 12 months. Future annua increases in the base payment shall reflect the same percentage increase provided by the state for other state funded positions. The state board shall annually establish a state performance standard and shall determine the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year.
(3) Each local unit of administration shall establish a staffing pattern and determine the number of personnel to employ. Local units of administration shall establish the salary schedule for school food and nutrition personnel and shall use the base payments in financing the locally established salary schedule. (Code 1981, 20-2-187, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1.)

91

20-2-188

EDUCATION

OPINIONS OF THE ATTORNEY GENERAL
State board determines how much of allocated state funds spent for school lunch purposes. The proper authority to determine how much of the state funds allocated for school lunch purposes shall be spent is the State Board of Education which, in determining what it believes to be necessary in the way of state fiscal assistance, could presumably take into account the amount of available funds from other areas such as local taxation and federal grants. 1977 Op. Att'y Gen. No. 77-8.
Charges for school meals sold to employees. From a viewpoint of state law, since there are no longer any apparent state constitutional restrictions (as opposed to statutory and regulatory authorizations and restraints) respecting charges for school meals, in determining the sum it will charge teachers and other school employees for school meals, a local school system may properly exclude those indirect costs which the school system would have to bear whether or not the meals were sold to teachers and employees as well as to students; it would be permissible for a local school system to calculate the sum to be charged to the teacher or other employee based upon direct costs only. 1985 Op. Att'y Gen. No. 85-23. (Rendered under former 20-2-183.)
School lunches as compensation. - In the event that it had local funds available to do so, a local school system, since it is empowered to supplement the state minimum salary schedule, could presumably provide school lunches as a part of its overall compensation plan for teachers and other school employees. 1985 Op. Att'y Gen. No. 85-23. (Rendered under former 20-2-284.)
Board determines restrictions on and conditions appertaining to funds' use. - Provided that state funds appropriated for the support of school lunch programs of local school systems are not expended for other than school lunch purposes, restrictions on and reasonable conditions appertaining to the use of such funds by local school systems is a matter to be determined by policies, rules, and regulations of the State Board of Education. 1977 Op. Att'y Gen. No. 77-8.
Prohibition on nonnutritious food sales valid. - The State Board of Education policy which prohibits the sale of nonnutritious foods from the beginning of the school day through the end of the last lunch period is valid. 1984 Op. Att'y Gen. No. 84-52. (Rendered under former 20-2-280.)
202188. Student transportation.
(a) The amount of funds needed by a local unit of administration to pay expenses of student transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient student transportation programs and a schedule of variable transportation costs or variable cost factors dependent upon prevailing circumstances which affect, in varying ways, the cost of student transportation authorized

by this Code section; provided, however, that the amount of funds to be actually distributed to any local unit of administration under this Code section during any school year shall not exceed the actual costs incurred by the local unit in transporting students to and from public schools, including costs for transportation for handicapped or limited-English-profi-
cient students who must travel across local school system lines or away from the school to which they would normally be assigned if they did not have such special needs. It is further provided that the costs of the regular student transportation program receive full funding before funds are provided for transportation of students to and from places for the purpose of work experiences, training in instructionallabo-
ratories outside the assigned schools, and in other such field trips required of or integral to the various instructional components of the educational program. In establishing the schedule of standards and variable student transportation costs or cost factors, the state board is, without limiting the generality of the foregoing, authorized to consider factors and circumstances such as the number and density of
students transported in the local unit of administration and the areas therein served by school buses; the suitability of school bus routes in the local unit; the suitability of the type and number of buses
used by the local unit; the number of miles traveled by school buses in the local unit; minimum bus loads; transportation sur-
veys, cost of transportation equipment, and depreciation schedules; the schedule of minimum salaries for school bus drivers established in accordance with subsection (b) of this Code section; the number of school bus drivers allotted to the local unit; maintenance, repair, and operating costs of transportation equipment; climate and terrain; condition of roads used for the purpose of transporting students in the local unit; cost of liability insurance; cost of safety instruction and training for both bus drivers and students; and such other factors and circumstances as the state board may find relevant for the purpose of establishing such schedules and cost factors. The state board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Code section.
(b) The State Board of Education shall establish a schedule of uniform minimum salaries that shall be paid by local units of administration to drivers of school buses, regardless of type of ownership, which

92

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-188

shall be not less than the amount appropriated by the General Assembly each year but not less than $422.38 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. Local units of administration shall not pay to any bus driver in their employment salaries less than those prescribed by the uniform minimum salary schedule but shall have the authority to supplement such salaries. The expense of purchasing,
maintaining, and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform mini-
mum salaries shall be used as a standard cost item for the purpose of calculating the expense of student transportation under subsection (a) of this Code section. This subsection shall not apply to student or teacher drivers.
(c) To the extent that the State Board of Education obtains a state-bid price under subsection (b) of Code Section 20-2-168 on any standard item of equipment, supply, or
service used or obtained by local units of administration in connection with or as a
result of providing transportation services to students attending the public schools of such local units or on any other standard
expense incurred by local units, the standard transportation cost or allowance to be attributed to such item or expense under subsection (a) of this Code section shall be based upon an amount not in excess of the state-bid price on such item or expense.
(d) Students who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported students for the purpose of calculating that portion of the expense of student transportation associated with transporting students from home to school and from school to home as authorized under subsection (a) of this Code section, provided such students are actually transported to such school by school bus or other vehicle made available for this purpose by the local unit of administration. Any student who resides within such mileage limitation shall not be eligible to be counted for school transportation state-aid purposes, with the exception of handicapped students being transported.
(e) The State Board of Education shall establish and require adherence to minimum specifications for vehicles used or contracted to be used by local units of

administration for transporting students, taking into account the factors and circumstances set forth in subsection (a) of this Code section, and shall establish and require adherence to minimum standards and requirements respecting maintenance, repair, inspection, and use of such vehicles and minimum qualifications for the drivers of such vehicles. The state board shall require, monitor, and fund a program of safety instruction in the practices of safe riding and emergency bus evacuation
drills for both school bus drivers and students riding school buses.
(f) The State Board of Education shall have the authority to allot funds for the transportation of all public school students residing on Sapelo Island to the mainland of the state for the purpose of attending school on the mainland.
(g) The State Board of Education shall adopt policies, procedures, regulations, and other such requirements for transportation and for payment of all transportation costs pursuant to subsections (a) through (e) of this Code section for all students with special needs identified by
the various local units of administration. Further, the state board shall allot funds to local units of administration for transportation costs for those students authorized by such local units of administration to attend schools and programs of other local units.
(h) The State Board of Education shall adopt policies and regulations relative to vehicles used for the transportation of
students with special needs. (i) Notwithstanding the provisions of
subsections (a) through (h) of this Code section, funds to pay the expenses of student transportation shall be paid to an independent school system only when requested by the board of education of such independent school system. Any funds for student transportation costs shall be specified by the board of education of the independent school system in its budget prepared pursuant to subsection (c) of Code Section 20-2-167 and, if not budgeted therein, no expenses for student transportation shall be payable to the independent school system for the fiscal year covered by such budget. No provision of this article shall be construed to require the board of education of any independent school system to furnish student transportation services within such school system.
(j) The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses of school bus drivers shall be determined

93

20-2-200

EDUCATION

by multiplying the number of school buses allotted to a local unit of administration pursuant to this Code section by a sum of money not less than $75.00. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection. (Code 1981, 20-2-188,
enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1986, p. 880, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1988, p. 321, 1; Ga. L. 1989, p.
326, 1.)

PART 6
EMPLOYMENT
Subpart 1
Certificated Professional Personnel
202200. Regulation of certificated professional personnel by Professional Standards Commission; certification requirement; application fees.

Delayed effective date. - Ga. L. 1989, p. 326, 1, substituted "$500.00" for "$422.38" near the end of the first sentence in subsection (b).
Section 2 of this Act, not codified by the General Assembly, provides that the amendment to this Code section would become effective only upon funds being appropriated by the General Assembly for the purposes of the Act. No such funds were appropriated in 1989, 1990, 1991, or 1992. Owing to the contingent nature of the amendment, Code Section 20-2-188 as so amended has not been set out above.
Code Commission notes. - Pursuant to 28-9-5, in 1988 a comma was inserted following "transportation costs and cost factors" near the beginning of the third sentence of subsection (a).
OPINIONS OF THE ATTORNEY GENERAL
Board's regulatory authority over pupil transportation neither controls nor conflicts with statutory equipment standards. - The State Board of Education has been given certain regulatory authority regarding minimum standards, specifications, and procedures for vehicles used for the transportation of pupils, including children with special needs, as identified by the various local units of administration; however, this authority neither controls nor is in conflict with the specific equipment standards set forth in 40-8-110 et seq. 1977 Op. Att'y Gen. No. 77-43.
Use of school buses by community groups. - A local board of education may not allow community organizations or private recreational organizations to use a school bus for purposes other than transporting pupils to and from schools or activities which are an integral part of the educational program, even if the group pays all expenses associated with the use of the bus, except that local boards may allow community organizations or private recreational organizations to use school bUi"es to provide transportation for the elderly and the handicapped if the costs of such transportation is reimbursed in fuJI from funds other than school funds. 1985 Op. Att'y Gen. No. 85-34. (Rendered under former 20-2-187.)
RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 234-241.
C.J.S. - 79 C.J.S., Schools and School Districts, 475-482.

(a) The Professional Standards Commis-
sion shall provide, by regulation, for certifying and classifying all certificated pro-
fessional rersonnel employed in the public schools 0 this state. No such personnel shall be employed in the public schools of this state unless they hold certificates
issued by the commission certifying their qualifications and classification in accordance with such regulations. The commis-
sion shall establish such number of classifications of other certificated professional personnel as it may find reasonably neces-
sary or desirable for the operation of the public schools; provided, however, that
such classifications shall be based only upon academic, technical, and professional training, experience, and competency of such personnel. The commission is autho-
rized to provide for revoking or denying a certificate for good cause after an investigation is held and notice and hearings are provided the certificate holder. The com-
mission shall designate and define the various classifications of professional personnel employed in the public schools of
this state that shall be required to be certificated under this Code section. With-
out limiting the generality of the foregoing, the term "certificated professional personnel" is defined as all professional
personnel certificated by the commission and county or regional librarians.
(b) (1) Before granting a renewable cer-
tificate to an applicant, the Professional Standards Commission shall require the
applicant to demonstrate satisfactory proficiency on a test of specific subject
matter or other professional knowledge appropriate to the applicant's field of certification.
(2) Before granting a renewable certificate to an applicant, the commission
is authorized to require the applicant to demonstrate satisfactory proficiency on a test oforal and written communication
skills and an assessment to demonstrate satisfactory on-the-job performance ap-

94

R

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-200

propriate to the applicant's field of certification. The on-the-job performance of
teachers shall be assessed by the instrument developed pursuant to Code Section 20-2-210. When used for initial renewable certification, the extended form version of such instrument shall be used with the following additional requirements: the applicant shall produce for the days to be observed a brief written lesson plan appropriate and sufficient for the demonstration of essential
skills; the scheduling of observation periods and intervals between them shall be designed to allow the teacher an adequate opportunity to demonstrate the essential skills; at least one evaluator shall be external to the school system in which the assessment is taking place
and each evaluator is certified by the commission as qualified to administer the assessment; on-the-job performance shall be evaluated on criteria set by the commission which will ensure demonstration of effective teaching practices.
(3) An applicant shall be exempted from the written planning portion of the on-the-job assessment requirement pursuant to paragraph (2) of this subsection
if: (A) The applicant has held a profes-
sional teaching or service certificate issued by any state in the United States at the baccalaureate degree level or higher and has satisfactorily performed appropriate duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or
another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof; or
(B) The applicant has held a professional leadership certificate issued by any state in the United States at a level above the master's degree and has satisfactorily performed appropriate leadership duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state

or another state, or a combination thereof. (4) Exemptions authorized pursuant
to paragraph (3) of this subsection shall not apply to those applicants who have taken the on-the-job assessment required for certification more than five times. Any person who qualifies for the
exemption granted under subparagraph (A) or (B) of paragraph (3) of this subsection shall receive a nonrenewable certificate valid for a maximum of three years. During those three years, said person shall be eligible for a renewable certificate at such time said person demonstrates satisfactory performance on the nonwritten portion of the required certification assessment. This exemption
shall in no way affect other certification requirements of this article or the annual performance evaluation required pursuant to Code Section 20-2-210.
(5) Before granting an initial renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge.
(6) On any test or assessment required as a condition for receiving any renewable certificate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration who initially does not pass any required tests or assessments may request and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field.
(7) An individual holding a valid life certificate is exempt from the provisions of this subsection for that certificate field. (c) The Professional Standards Commission shall have the authority to grant a renewable certificate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions:
(1) Is the holder of a bachelor's degree from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section;

95

20-2-200

EDUCATION

(2) Has satisfactorily completed an

appropriate college course related to

human growth and development other-

wise required of applicants for such

certification;

(3) Has satisfactorily completed a one-

year supervised cla~sroom iIl;ternship

involving the approprIate teachmg field;

and

(4) Has obtained satisfactory results

on tests and assessments pursuant to

subsection (b) of this Code section other-

wise required of applicants for such

certification.

(d) The Professional Standards Commis-

sion shall have the authority to grant a

renewable certificate at the five-year level

in a teaching field to an applicant who did

not complete an undergr3:duate teacher

preparation program; provIded, howe,:er,

that such applicant meets the followmg

conditions:

(1) Is the holder of a master's .degree

or higher level degree fro~ a r~gIO:t,lally

accredited college or umversIty m a

subject area field correspondin~ to .an

appropriate subject area certIficatIOn

classification established pursuant to

subsection (a) of this Code section;

(2) Has satisfactorily compl~teda on~

year supervised cla~sroom lI~ternshIp

involving the approprIate teachmg field;

and

(3) Has obtained satisfactory results

on tests and assessments pursuant to

subsection (b) of this Code section other-

wise required of applicants for such

certification.

(e) (1) The Professional Standar~s Com-

mission shall charge the followmg fees

to persons who file appl~cations with. the

commission under Its regulatIOns

adopted pursuant to the authority of this

Code section:

(A) For an applicant

for initial certifi-

cation who is not

currently em-

ployed in Geor-

gia public or pri-

vate schools .. . . $ 20.00

(B) For an applicant

for initial certifi-

cation who is not

a graduate of an

accredited edu-

cation program

from a Georgia

college or uni-

versity

20.00

(C) For an applicant

for a higher cer-

tificate when the

applicant then

holds a Georgia

certificate but

who is not cur-

rently employed

in Georgia pub-

lic or private

schools

20.00

(D) For an applicant

for a certificate

which adds a

field or which

endorses a cer-

tificate but who

is not currently

employed in

Georgia public

or

private

schools ..........

20.00

(E) For an applicant

for a conditional

certificate

20.00

(F) For an applicant

for the renewal

of any certificate

if the applicant

is not currently

employed by a

public or private

school in Geor-

gia

20.00

(G) For evaluating

transcripts

where certifi-

cates are not is-

sued and for is-

suing duplicate

copies of certifi-

cates

20.00

(2) The fees provided for in paragraph

(1) of this subsection shall be paid by an

applicant by cashier's check or money

order as a condition for filing the applI-

cation.

(3) The fees provided for in this sub-

section shall be paid by the commission

into the general funds of the sta~e. The

commission shall adopt regulatIOns to

carry out the provisions of this subsec-

tion.

(f) As used in this part, unless the

context indicates otherwise, the term

"commission" means the Professional

Standards Commission established under

Part 10 of Article 17 of this chapter. (Code

1981, 20-2-200, enacted by Ga. L. 1985,

p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga.

L. 1988,p. 1735, 1; Ga. L. 1989,p. 1806,

1; Ga. L. 1990, p. 1312, 1; Ga. 1. 1990,

p. 1339, 1; Ga. 1. 1990, p. 1487, 1, 2;

96

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-201

Ga. L. 1991, p. 94, 20; Ga. L. 1991, p. 1546, 4; Ga. L. 1992, p. 2365, 1.)
The 1990 amendments. - The first 1990 amendment, effective July 1, 1990, rewrote paragraph (2) of subsection (b), added new paragraphs (3) and (4) of subsection (b), and redesignated former paragraphs (3), (4), and (5) as paragraphs (5), (6), and (7). The second 1990 amendment, effective July 1, 1990, in subparagraph (e)(I)(A) inserted. "initial" preceding "certification" and substituted "public or private schools" for "Public Schools" and in subparagraph (e)(l)(F) inserted "or private" preceding "school in Georgia." The third 1990 amendment, effective July 1,1990, in subsection (c) substituted all of the present language of paragraph (1) following "field" for "which has been declared by the state board to be a critical shortage field" and in subsection (d) substituted all of the present language of paragraph (1) following "field" for "from a college or university program recognized or approved by the state board".
The 1991 amendments. - The first 1991 amendment, effective March 14, 1991, part of an Act to correct errors and omissions in the Code, revised punctuation in this Code section. The second 1991 amendment, effective July 1, 1991, substituted "Professional Standards Commission" for "State Board of Education" and "commission" for "state board" throughout this Code section; substituted "Professional Standards Commission" for "Georgia Department of Education" in subparagraph (b)(3)(A); substituted "currently employed" for "actively teaching" in subparagraph (A) of paragraph (1) of subsection (e); added "but who is not currently employed in Georgia public or private schools" in subparagraphs (C) and (D) of paragraph (1) of subsection (e); and added subsection (e).
The 1992 amendment, effective July 1, 1992, in paragraph (1) of subsection (d), substituted "master's degree or higher level degree" for "master's degree in education in a teaching field".
Code Commission notes. - Ga. L. 1991, p. 1546, 4, added a new subsection (e). Pursuant to Code Section 28-9-5, the new subsection has been redesignated as subsection (0.
Law reviews. - For comment, "Teacher Competency Testing: 'Decertification' and the Federal Constitution and Title VII," see 37 Emory L.J. 1077 (1988).
OPINIONS OF THE ATTORNEY GENERAL
"Professionally certificated personnel" included teachers, administrative personnel, and librarians, if employed by State School Systems. - Classroom teachers, supervisory or administrative personnel, and regional and county librarians, if employed by the public school systems of this state, were included in the definition of "professionally certificated personnel", while clerical personnel, clerical personnel employed in libraries, teacher aides, paraprofessionals, and private school nurses were not included in the definition. 1977 Op. Att'y Gen. No. 77-76 (decided under former 20-2-282).
The decision not to "grant" a teaching certificate by officials in the certification division of the Department ofEducation based upon the failure of an applicant to meet certain required criteria is not a

"contested case" within the meaning of 50-13-2(2) of the Georgia Administrative Procedure Act. 1991 Op. Att'y Gen. No. 91-10.
Renewal and recertification. - A teacher may surrender a renewable certificate prior to the renewal date ofthat certificate; however, to be recertified such a teacher must comply with the initial certification requirements, including but not limited to the teacher certification test. Once the Quality Basic Education Act becomes effective July 1, 1986, renewal of teaching certificates must comply with that Act. 1985 Op. Att'y Gen. No. 85-25.
Certification of vocationaltechnical teachers. - Teachers in vocational-technical schools are not required to be certified since the Legislature no longer views vocational-technical schools to be part of the public school system. 1984 Op. Att'y Gen. No. 84-43, rescinding 1967 Op. Att'y Gen. No. 67-14 and 1983 Op. Att'y Gen. No. 83-54 to the extent that they conflict with this opinion. (Rendered under former 20-2-284.)
A private teacher who furnishes private lessons to students on school property need not be certificated. 1988 Op. Att'y Gen. No. U88-6.
RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 132-134, 140.
C.J.S. - 79 C.J.S., Schools and School Districts, 159-168.
20-2-201. Specific course requirements; in-service or continuing education.
(a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200 shall have satisfactorily completed coursework of five or more quarter hours, approved by the Professional Standards Commission, in the identification and education of children who have special educational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed for this purpose, provided such staff development program shall have received prior approval of the commission for that purpose. As used in this subsection, "children who have special educational needs" is defined as gifted children and children who receive educational services under an Individualized Education Plan. Teachers, principals, and guidance counselors who have satisfactorily completed coursework in other states at least comparable with the requirements of this Code section may be certified by the Professional Standards Commission. Those teachers, principals, and guidance counselors of other states, those applicants completing noneducation programs who are otherwise eligible forlrovisional certification in Georgia, an those teachers

97

20-2-202

EDUCATION

with lapsed Georgia teaching certificates who are otherwise eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of time not to exceed two years from the date of employment to obtain the prescribed training.
(b) Universities and colleges having teacher preparation programs for grades kindergarten through eight shall require, as a part of such teacher preparation requirements, a separate course in health education and a separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug and alcohol abuse, smoking, and health education. The required course in physical education shall contain knowledge, attitudes, and understanding of how physical activity shall be integrated into the total lifestyle of an individual.
(c) Each local unit of administration shall be required to provide all professional personnel certificated by the Professional Standards Commission 12 clock hours of in-service or continuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as regional educational service agencies, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff. (Code 1981, 20-2-201, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1991, p. 1546, 4; Ga. L. 1992, p. 2365, 2.)
The 1991 amendment, effective July 1, 1991, substituted "Professional Standards Commission" for
"State Board of Education" in subsections (a) and (c);
substituted "approval of the commission for that
purpose" for "approval of the state board" near the
beginning of subsection (a); and substituted "regional educational service agencies" for "RESA's" near the middle of subsection (c).
The 1992 amendment, effective July 1, 1992, rewrote subsection (a).
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, a comma was inserted
following "principals" in the third sentence in subsection (a).

202202. Life certificates.
All teachers and other professional personnel who hold life certificates shall be entitled to carry forward that lifetime status .i~ they be~ome qualified by reason of addItional traming for a next higher level of certification in the same field. However, holders of life certificates shall be subject to the tests and assessments r~gardingcertification pursuant to subsection (b) of Code Section 20-2-200 when such. tests or assessments are required to qualIfy for other provisions as set forth in this article or by Professional Standards Commission policy or regulation. (Code 1981, 20-2-202, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1991, p. 1546, 4.)
The 1991 amendment, effective July 1, 1991, substituted "Professional Standards Commission" for "state board" near the end of this Code section.
202203. Validity period for renew able certificates.
All renewable certificates granted by the Professional Standards Commission shall have a validity period of five years. (Code 1981, 20-2-203, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1991, p. 1546, 4.)
The 1991 amendment, effective July 1, 1991, substituted "Professional Standards Commission" for "State Board of Education".
202204. Paraprofessionals and aides.
(a) As used in this Code section, the term:
(1) "Aide" is defined as a person who may have less than professional training and who takes no independent actions and has no decision-making authority but performs routine tasks assigned by higher certificated personnel. An aide who works as an instructional aide shall possess the minimum of a high school diploma or a general educational development (GED) equivalency diploma.
(2) "Licensed personnel" is defined as paraprofessionals and aides.
(3) "Paraprofessional" is defined as a person who may have less than professional-level certification, who relates in role and function to a professional and does a portion of the professional's job or tasks under the supervision of the professional, and whose decision-making authority is limited and regulated by the professional. Such a paraprofessional

98

ELEMENTARY, SECONDARY, ETC., EDUCATION

....
20-2-211

shall possess the minimum of a high school diploma or a general educational development (GED) equivalency di-
ploma. (4) "Permitted personnel" is defined
as persons who may not qualify for professional certificates, including retired teachers, but who function in the educational programs in the same man-
ner as certificated personnel. Such personnel qualify for their positions on the basis of experience rather than formal
education. (b) The Professional Standards Commission shall provide for the classification of all licensed and permitted personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless
they meet such minimum criteria as developed by the commission; provided, however, that such classifications shall be based only upon academic, technical, and
professional training and experience of such personnel. The commission is authorized to provide for revoking or denying a
license or permit for good cause after an investigation is conducted and notice and hearing is provided the license or permit holder. (Code 1981, 20-2-204, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1991, p. 1546, 4.)

professional development plan shall be assessed during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The state board shall provide for the development and implementation by July 1, 1989, of a state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. All such instruments shall be field tested and revised to meet established measurement criteria designed to provide for validity and reliability. (Code 1981, 20-2-210, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1988, p. 612, 9; Ga. L. 1991, p. 1546,
4.)
The 1991 amendment, effective July 1, 1991, in the next-to-last sentence, substituted "Professional Standards Commission" for "state board; provided, however, that evaluation instruments for service personnel shall be field tested beginning July 1, 1989, and shall be fully implemented by July 1, 1990".
20-2-211. Annual contract; disqualifying acts; job descriptions.

The 1991 amendment, effective July 1, 1991, in subsection (b) substituted "Professional Standards Commission" for "State Board of Education" and "commission" for "state board".
Subpart 2
Conditions of Employment
20-2-210. Annual performance evaluation.
All personnel employed by local units of administration, including elected and appointed school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual

(a) All teachers, principals, other certificated professional personnel, and other personnel of a local unit of administration shall be employed and assigned by its governing board on the recommendation of its executive officer. Minimum qualifications for employment of all personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing and shall be signed in duplicatE: by such personnel on their own behalf and by the executive officer of the local unit of administration on behalf of its governing board.
(b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated, or shall notify in writing each such teacher or other certificated professional employee of the

99

20-2-212

EDUCATION

intention of not renewing his or her contract for the ensuing school year. When such notice of intended termination has not been given by April 15, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless such
employee has been removed in the manner as provided in Code Section 20-2-940 or
unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1.
(c) Any other provisions of this article or any other laws to the contrary notwithstanding, no local governing board shall employ any person as a teacher who has been discharged from the armed forces of the United States with a dishonorable discharge as a result of desertion or any person who has fled or removed himself from the United States for the purpose of avoiding or evading military service in the armed forces of the United States, excluding those who have been fully pardoned.
(d) Each local school system shall have a job description for each certificated professional personnel classification, shall have policies and procedures relative to the recruitment and selection of such personnel, and shall adhere to such recruitment and selection policies and procedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availability of all certificated positions to the appropriate colleges and universities in the state and to the Department of Education. A local board of education may also announce such positions in the legal organ of the county in which the school system is located and to colleges and universities in other states. (Code 1981, 20-2-211, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1991, p. 1546, 4.)

This Code section contemplates continuous employment under the same contract of employment. Those who resign or are terminated are not covered by the provisions of subsection (b). By definition, one who is employed under a contract later than the beginning of the school year is not entitled to notice of nonrenewal. Oates v. Coffee County Bd. of Educ., 198 Ga. App. 77, 400 S.E.2d 355 (1990).
Superintendent authorized to execute contracts. - The office of county superintendent of education is substituted for the office of county school commissioner and the county superintendent is authorized to execute contracts with teachers on the part of the board. Orr v. Riley, 160 Ga. 480, 128 S.E. 669 (1925) (decided under former Code 1910, 1551 (941/2)).
Contracts between county boards and teachers in schools under their supervision must be in writing. Orr v. Riley, 160 Ga. 480, 128 S.E. 669 (1925) (decided under former Code 1910, 1551 (94 1/2)).
Employment contract illegal where not in writing. - No contract made by a county board of education for the employment of a teacher to serve in the schools under the jurisdiction of the board is legal or possesses any validity where it is not in writing. Dodd v. Board ofEduc., 46 Ga. App. 235,167 S.E. 319 (1933) (decided under former Code 1910, 1551 (941/2)).
Illegal contract unenforceable against board. - Since a county board of education is a political body and has no power other than that conferred by statutory authority, no contract made by the board which is illegal and invalid because it is not in writing is, as provided in this section, relative to exceptions to the application of the statute of frauds, enforceable against the board, notwithstanding a part performance ofthe contract by the opposite party thereto. Dodd v. Board of Educ., 46 Ga. App. 235, 167 S.E. 319 (1933) (decided under former Code 1910, 1551 (94 1/ 2)).
Contractual power of Richmond County board not limited by section. - Even though this section, as to all counties where it was applicable, made it obligatory that the boards of education should contract in writing with their teachers, it was not applicable so as to limit the contractual power of the Board of Education of Richmond County under the local acts (Ga. L. 1872, pp. 46,456-463; Ga. L. 1937, pp. 1409-1413). County Bd. of Educ. v. Young, 187 Ga. 644, 1 S.E.2d 739 (1939) (decided under former Code 1933, 32-913).
RESEARCH REFERENCES

The 1991 amendment, effective July 1, 1991, substituted "Professional Standards Commission" for "State Board of Education" in subsection (b).
Cross references. - Procedure for nonrenewal of contracts, 20-2-941, 20-2-942.
JUDICIAL DECISIONS
Editor's notes. - In light of the similarity of the provisions, decisions under former Code 1910, 1551 (941/ 2) and former Code 1933, 32-913 are included in the annotations for this Code section.

Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 138-143.
C.J.S. - 78 C.J.S., Schools and School Districts, 183-197.
ALR. - Validity, construction, and effect of municipal residency requirements for teachers, principals, and other school employees, 75 ALR4th 272.
20-2-212. Salary schedules.
The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a

100

ELEMENTARY, SECONDARY, ETC., EDUCATION


20-2-212.1

ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator
teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia
public school teaching. The list of Georgia beginning salaries by degree field used to calculate the minimum salary base shall be presented annually to each member of the General Assembly with the Governor's
budget recommendations. The House of Representatives and Senate Education and Appropriations Committees shall also be provided upon request with a report which includes data and calculations used to determine the minimum base salary. The state minimum salary schedule shall in all
other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro-rata portion of the respective salary prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the

responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented. (Code 1981, 20-2-212, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1988, p. 612, 10; Ga. L. 1991, p. 1546, 4.)
The 1991 amendment, effective July 1, 1991, substituted "Professional Standards Commission" for "state board" at the end of the first sentence.
JUDICIAL DECISIONS
Cited in Muscogee County Bd. of Educ. v. Boisvert, 196 Ga. App. 537, 396 S.E.2d 303 (1990).
OPINIONS OF THE ATTORNEY GENERAL
Paying school personnel for unused sick or personal leave. - Concerning the legality of a school system paying personnel for unused sick or personal leave, there does not seem to be any extant constitutional or statutory prohibition of making such payments as a part of an overall compensation plan, provided that specific peripheral statutory requirements, such as those pertaining to the maximum number of days of sick leave which can be accumulated, are not violated. 1986 Op. Att'y Gen. No. U86-19 (decided under former 20-2-284).
Voluntarily taking part of compensation as benefits. - A teacher may use a portion of the state minimum salary as a contribution to a cafeteria plan of fringe benefits. 1987 Op. Att'y Gen. No. 87-28.
RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 144-148.
C.J.S. - 78 C.J.S., Schools and School Districts, 218-236.
20-2-212.1. Increase in state salary of person selected as Georgia Teacher of the Year.
Any person who has been selected as Georgia Teacher of the Year, as determined by the State Board of Education, shall be moved up one salary step on the state salary schedule or receive an equivalent percentage rate increase in state salary to become effective on and after the beginning of the next school year in which the person is employed in the public schools of this state. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is otherwise eligible. This Code section shall not be construed to require or prohibit any increase in the local supplement payable to such teacher.

101

-

20-2-213

EDUCATION

(Code 1981, 20-2-212.1, enacted by Ga. L. 1991, p. 1630, 1.2.)
Effective date. - This Code section became effective July 1, 1991.
20-2-213. Career ladder programs.
The State Board of Education is authorized and directed to devise career ladder programs for teachers and other certificated professional personnel which provide such personnel who demonstrate above average or outstanding competencies relative to their respective positions and exhibit above average or outstanding performance in executing their assigned responsibilities with salary supplements in recognition of such competency and performance. Achievement of students beyond the level that is typically expected for their ability shall be included in the performance criteria for any of the respective personnel categories when specified by the state board. The state board shall submit its policies and guidelines pertaining to the implementation of career ladder programs, along with the recommendations of the career ladder task force, to the General Assembly for review prior to submitting a request for funds to grant salary supplements under this program. The state board shall grant sufficient funds to each local unit of administration to pay the salary supplements of all personnel awarded supplements under the career ladder programs, subject to appropriation by the General Assembly. (Code 1981, 20-2-213, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1991, p. 1546, 4.)
The 1991 amendment, effective July 1, 1991, substituted "certificated professional personnel" for "professional personnel certificated by the state board" near the beginning of the first sentence.
20-2-213.1. Pay-for-performance for rewarding group activity.
(a) The State Board of Education is authorized and directed to devise and implement a pay-for-performance program for rewarding group productivity. By December 31, 1992, and each December 31 thereafter, the State Board of Education shall develop performance criteria which shall be used to evaluate proposals submitted by local schools or systems for the determination of exemplary performance at the school site. Such criteria will relate to the overall educational performance of the school in areas related to student

outcomes and achievement. Such criteria shall also reflect the six national goals for education which have been adopted under Georgia 2000 and, to the extent feasible,
socioeconomic or other demographic factors that may affect student achievement or other outcomes of education. Such criteria shall also reflect school level improvement on identified performance criteria, such as the numbers of remedial, SIA, and Chapter I students that achieved grade level performance.
(b) The state board shall create guidelines for the approval of local school proposals under this program and a system for weighing the various criteria in each school proposal according to school performance. The performance evaluation system shall be designed to determine the level of improvement achieved by the school based upon those criteria adopted and approved for the school proposal. Local
schools which choose to apply for pay-forperformance awards for group productivity shall submit proposals through the local board of education, which must approve the proposals, to the State Board of Educa-
tion. Such proposals shall be submitted annually and shall identify which of the state-wide performance criteria will be emphasized by the local school for the determination of award eligibility.
(c) The state board shall advise each local board of education as to whether the proposal submitted by each school applicant meets the guidelines for approval and, consequently, whether the proposal as submitted is eligible for award consideration. Local schools shall be allowed to
modify their initial proposals in order to meet guidelines.
(d) Local school boards shall be informed by the state board of whether or not each school proposal has been approved no later than May 1 of the school year preceding the one for which the proposal was created.
(e) The State Board of Education shall evaluate the performance of all schools submitting proposals for a given school year during the summer following that school year, according to the terms of the local school proposal as approved by the state board. The state board shall uniformly apply the criteria for weighing the proposals to the local school proposals, and those schools which are deemed eligible for an award shall be notified no later than September 1 of the school year after the one for which the performance judged exemplary occurred. The state board may appoint an advisory evaluation team from

102

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-215

outside the Department of Education to assist in the development and application of the criteria by which the proposals will be evaluated. Awards shall be made by the State Board of Education to each school through the local board for successful school projects no later than December 1 of the school year after the one for which the performance judged exemplary occurred. The amount of the awards shall be distributed through local systems to schools judged exemplary by the State Board of Education according to the number of successful school projects, the size of each school, and the level of funding provided by the General Assembly. The decision of the local school's certificated personnel, in accordance with a process for decision making specified by the State Board of Education, will determine how the awards are spent or distributed at the school site.
(f) The state board shall specify guidelines to ensure the representation of all affected school level constituencies in the award distribution process. These guidelines will ensure that the proceeds in whole or in part may be given to faculty members in the form of bonuses or may be spent for the purpose of providing faculty sabbaticals, for instructional or other equipment, for staff development, for distribution to other school staff in the form of bonuses, or for any other expenditure deemed appropriate by the local school's certificated personnel.
(g) The State Board of Education shall submit a proposal for funding this pay-forperformance program for rewarding group productivity each year with its budget request. Awards made under this program are subject to appropriation by the General Assembly. (Code 1981, 20-2-213.1, enacted by Ga. L. 1992, p. 3164, 1.)
Effective date. - This Code section became effective May 7, 1992.
Editor's notes. - Ga. L. 1992, p. 3164, 6, provides: "Nothing contained in this Act shall affect any payment or allocation to any board of education of a local system as a result of bond proceeds authorized and sold under the provisions of House Bill 1262, Supplemental Appropriations Bill, passed on February 10, 1992, and payment shall be made to said boards of education as provided for in said House Bill 1262."
20-2-214. Salary supplements.
The State Board of Education shall establish a schedule of salary supplements for administrators who have system-wide or school-wide responsibilities. Each salary supplement shall be based on the

respective weighted full-time equivalent count of the school system or school, the responsibilities associated with the respective positions, and any other factors as may be specified by the state board. The state board shall have the authority to establish salary supplements for other public education positions as deemed necessary and appropriate. The amount of funds granted annually to a local school system shall be sufficient to pay such salary supplements, subject to appropriation by the General Assembly. (Code 1981, 20-2-214, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1991, p. 1546, 4.)
Editor's notes. - Ga. L. 1991, p. 1546, 4, effective July 1, 1991, reenacted this Code section without change.
20-2-215. "In loco parentis" status of aides and paraprofessionals.
Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of "in loco parentis," except for the administration of corporal punishment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the Professional Standards Commission to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teachers or other certificated professional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifiable purposes. Such purposes shall include planned release time and such activities as accompanying selected students to other locations or sites, instructing individual students or small groups at a location away from the classroom, meeting with parents and guardians, planning instructional programs or lessons, participating in staff development activities, and other such education activities related to classroom instruction. The Professional Standards Commission shall have the authority to prescribe such requirements and standards as it deems necessary for the effective implementation of this Code section. (Code 1981, 20-2-215, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1991, p. 1546, 4; Ga. L. 1992, p. 2365, 3.)
The 1992 amendment, effective July 1, 1992, in the first sentence, substituted "Professional Stan-

103

20-2-216

EDUCATION

dards Commission" for "State Board of Education"; and, in the last sentence, substituted "Professional Standards Commission" for "state board".
Editor's notes. - Ga. L. 1991, p. 1546, 4, effective July 1, 1991, reenacted this Code section without change.
20-2-216. Substitute teachers.
As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the 10cal unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127, who possess valid teaching certificates issued by the Professional Standards Commission. If no person holding a valid teaching certificate is available for this purpose, the local unit of administration is authorized to employ the person who most closely meets the requirements for certification as a teacher and who is available to serve as a substitute, provided such person is closely supervised by the school principal or principal's designee. It shall be the duty of the commission to promulgate and adopt rules, regulations, and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing contained in this Code section shall prevent the local governing board or its executive officer from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article. For purposes of this Code section, certificated substitute teachers shall not be considered part-time personnel pursuant to Code Section 20-2-212. Salaries for substitute teachers shall be set by the local boards of education. (Code 1981, 20-2-216, enacted by Ga. 1. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. 1. 1988, p. 612, 11; Ga. L. 1991, p. 1546, 4.)
The 1991 amendment, effective July 1, 1991, substituted "Professional Standards Commission" for "State Board of Education" at the end of the second sentence, and substituted "commission" for "state board" near the middle of this Code section.
202-217. Professional and staff development stipends.
The State Board of Education is authorized and directed to devise a program to provide professional and staff development

stipends sufficient to allow eligible licensed personnel, paraprofessionals, and aides to participate in development programs which will enable such employees to increase their education pertaining to their job classification or to obtain appropriate degrees to become certified teachers. Such stipends shall be provided to individuals on a reimbursable basis on a state approved schedule. The State Board of Education shall be authorized to require the local professional and staff development plan required under Code Section 20-2-232 to include professional and staff development for licensed personnel, paraprofessionals, aides, and education secretaries before state funding for the purposes of this Code section will be made available to a local system. As used in this Code section, the terms "paraprofessional," "aide," and "licensed personnel" shall be defined as provided in Code Section 20-2-204. (Code 1981, 20-2-217, enacted by Ga. 1. 1990, p. 1254, 1; Ga. 1. 1991, p. 1546, 4,)
Effective date. - Ga. L. 1990, p. 1254, 2, not codified by the General Assembly, provides that this Code section shall become effective only upon appropriation of sufficient funds by the General Assembly. Funds were appropriated in 1992. This Code section became effective July 1, 1992.
Editor's notes. - Ga. L. 1991, p. 1546, 4, effective July 1, 1991, reenacted this Code section without change.
20-2-218. Duty-free lunch period for part-time teachers employed in grades K-5; exchange of lunch period for compensation or other benefit; length of school day not to be affected; exemption from Code section for extenuating circumstances; funding.
(a) Every teacher who is employed in grades K through 5 for a period of time of more than one-half of the class periods of the regular school day shall be provided a daily lunch period of not less than 30 consecutive minutes, and such employee shall not be assigned any responsibilities during this lunch period. Such lunch period shall be included in the number of hours worked, and no local board of education shall increase the number of hours to be worked by an employee as a result of such employee's being granted a lunch period under the provisions of this Code section. This duty-free lunch period shall not be calculated under any circumstances as a part of any daily planning period or

104

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-230

other noninstructional time. The implementation of this duty-free lunch period shall be mandated to the extent that state financial support is provided to each school district for such purposes for the fiscal year 1992 only.
(b) Nothing in this Code section shall be construed to prevent any teacher from exchanging that teacher's lunch period for any compensation or benefit mutually agreed upon by the employee and the local superintendent of schools or such superintendent's agent, except that a teacher and the superintendent or agent may not agree to terms which are different from those available to any other teacher granted rights under this Code section within the individual school or to terms which in any way discriminate among such teachers within the individual school.
(c) The implementation of this Code section may not result in a lengthened school day.
(d) If necessary where due to extreme economic conditions or an unforeseen and unavoidable personnel shortage, a local unit of administration may require a teacher otherwise entitled to a duty-free lunch period to supervise students during such lunch period but for no more than one day in any school week.
(e) Notwithstanding any of the foregoing provisions of this Code section to the contrary, nothing in this Code section shall require the General Assembly to appropriate funds for the implementa.tion of the duty-free lunch program; provided, however, that any such funds appropriated for this purpose shall be used by local school systems for duty-free lunch periods for classroom teachers in grades K through 5. (Code 1981, 20-2-218, enacted by Ga. L. 1991, p. 1630, 2; Ga. L. 1992, p. 6, 20.)
Effective date. - This Code section became effective July 1, 1991.
The 1992 amendment, effective February 19, 1992, part of an Act to correct errors and omissions in the Code, revised language in subsection Cal.
20-2-219. Payroll deduction services provided by local units of administration.
(a) It is affirmed that a local unit of administration may, in its discretion, provide payroll deduction services to any organization, association, or corporation which the local unit of administration determines provides a tangible benefit to the school system or to any of its em-

ployees if such organization, association, or corporation has among its objectives educational, charitable, classroom instructional, legislative, legal, or professional development activities related to promoting and enhancing the welfare of the education profession and public school students and employees.
(b) Subject to the provisions of this Code
section, it is affirmed that any local unit of administration is authorized to deduct
from the salaries or wages of its employees amounts designated by the employee as contributions, dues, or other specifically
identified moneys to any such organization, association, or corporation as pro-
vided for in subsection (a) of this Code
section. (c) No deduction shall be made under
this Code section without the express written consent of the employee. (Code 1981, 20-2-219, enacted by Ga. L. 1992, p. 1501, 1.)

Effective date. - This Code section became effective July 1, 1992.

PART 7
STAFF DEVELOPMENT

Editor's notes. - Ga. L. 1987, p. 1169, 1, effective July 1, 1987, transferred and redesignated the provisions of former Part 9 of this article, except for Code Section 20-2-251 which was repealed, as this part. Ga. L. 1987, p. 1169, 1 also transferred and redesignated the former provisions of this part as present Part 8 of this article. The table below indicates the present location of those redesignated Code sections:

Former Code Section
20-2-230 20-2-231 20-2-232 20-2-233 20-2-250 20-2-251 20-2-252 20-2-253

Present Code Section
20-2-240 20-2-241 20-2-242 20-2-243 20-2-230 Repealed 20-2-231 20-2-232

20-2-230. Programs.
(a) All public school officials and professional personnel certificated by the Professional Standards Commission shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local units of administration and the Department of Education shall be the implementation of this policy. Two additional pur-

105

20-2-231

EDUCATION

poses of such staff development programs shall be to adopt into general practice the findings of scienti~callyde~igned rese8:rch which has been wIdely replIcated, particularly as it relates to teacher and s?hool effectiveness, and to address professIOnal needs and deficiencies identified during the process of objective performance evaluations.
(b) All new members of governing boards of local units of administration
sahsaslul ~ibnegfoorfeficeo,rrewceitivheinoroiennetaytieoanr toaftt~eer
educational program objectives of GeorgIa and instruction in school finance; school law, with special emphasis on th~ "Quality Basic Education Act"; responSIveness to the community; the ethics, duties, and responsibilities of local governing board members; annual performance evaluation of the school superintendent and the lo~al board of education; and such other tOPICS as the State Board of Education may deem to be necessary. All members of boards of local units of administration are required to participate in at least one day.of training annually to ensure the effective management and operation of l.ocal units. of administration. The GeorgIa EducatIOn Leadership Academy is authorized, in cooperation with the Georgia School Boards Association to conduct workshops annually to pro'vide such instruction and to present to each board member completing such annual workshop for the first time an appropriate certificate. The Georgia Education Leadership Academy shall adopt such procedures as may be necessary to verify the attendance at such annual workshops of veteran members of boards of local units of administration. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attendance at regular or special meetings as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board members assume office. (Code 1981, 20-2-250, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-230, as redesignated by Ga. L. 1987, p. 1169, 1; Ga. L. 1988, p. 612, 12; Ga. L. 1991, p. 1546, 5.)
The 1991 amendment, effective July 1, 1991,
substituted "Professional Standards Commission" for
"State Board of Education" near the beginning of subsection (a).
Editor's notes. - See the note under this heading
at the beginning of this part for information as to the
redesignation of the former provisions of this Code section.

OPINIONS OF THE ATTORNEY GENERAL

State board may make grants to local systems to provide in-service teacher training. - The State Board of Education is fully authorized by law to make grants to local school systems for the purpose of enabling the local systems to provide in-service training for teachers in their employment. 1965-66 Op. Att'y Gen. No. 65-79.
State board may contract with private colleges and universities for training. - The State Board of Education may contract with private colleges and universities to provide in-service training for teachers and other local school system personnel. 1977 Op. Att'y Gen. No. 77-46.

20-2-231. Georgia Education Leadership Academy.

(a) The State Board of Education is

authorized and directed to establish the

Georgia Education Leadership Academy

whose full-time personnel shall be em-

ployees of the Department of Education.

The purpose of the Georgia Educat~on

Leadership Academy shall be to provI~e

opportunities for public school leadershIp

personnel to update and e~pand their

leadership knowledge and. skIlls.

.

(b) The Georgia EducatIOn LeadershIp

Academy shall have an advisory board.

Members of the advisory board shall con-

sist of two representatives from each ofthe

following categories:

(1) Representatives of local school sys-

tem administrators appointed by the

State Board of Education;

(2) Representatives of colleges and

universities appointed by the state

board;

(3) Representatives of the House of

Representatives appointed by the

Speaker of the House;

(4) Representatives of the Senate ap-

pointed by the President of the Senate;

and

(5) Representatives at large ap-

pointed by the Governor.

Members of the advisory board may be

reimbursed for reasonable and necessary

expenses incurred while carrying out their

responsibilities if such reimbursement has

not been provided from ot.her sources. .

(c) The Georgia EducatIOn LeadershIp

Academy shall use such approaches as are

necessary to ensure the acth:e participa-

tion of public school leadersl:np personnel

and their mastery and applIcatIOn of es-

sential knowledge and skills. Su~h.ap-

proaches shall include but are not lImIted

tao~arcdoinndgucaticnagdesme~mcinoarrsst~afnfddewvoerlk?sphmoepns,t

credit, and providmg on-SIte techmcal as-

106

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-240

sistance. Local governing boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program. The State Board of Education shall provide a status report as to the effectiveness of this program pursuant to subsection (e) of Code Section 20-2-282. (Code 1981, 20-2-252, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-231, as redesignated by Ga. L. 1987, p. 1169, 1.)
Editor's notes. - See the note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.

the provisions of former Part 7 of this article as this part. Ga. L. 1987, p. 1169, 1 also transferred and redesignated the former provisions of this part as present Part 9 of this article. The table below indicates the present location of those redesignated Code sections:

Former Code Section
20-2-230 20-2-231 20-2-232 20-2-233 20-2-240 20-2-241 20-2-242 20-2-243 20-2-244

Present Code Section
20-2-240 20-2-241 20-2-242 20-2-243 20-2-250 20-2-251 20-2-252 20-2-253 20-2-254

20-2-232. Development of plan by local school system.
Each local school system shall develop a three-year projected comprehensive staff development plan and shall submit such plan to the State Board of Education for review and approval in the manner and at the time prescribed by the state board. This plan shall be reviewed and updated annually. The annual projected comprehensive staff development plan shall provide for programs designed to address needs of school and system personnel as identified through the annual personnel evaluation process, staff development needs as identified through the evaluation of the effectiveness of instructional programs, and such other needs as deemed necessary by the local school system or prescribed by the state board. Each system is encouraged to collaborate with institutions of higher education, the Georgia Education Leadership Academy, regional educational service agencies, the State Department of Education, and other school systems to develop more effective and efficient programs to meet the needs of the system and individuals within the system. (Code 1981, 20-2-253, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-232, as redesignated by Ga. L. 1987, p. 1169, 1; Ga. L. 1988, p. 1412, 3.)
Editor's notes. - See the note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.
PART 8
STATE BOARD OF EDUCATION
Editor's notes. - Ga. L. 1987, p. 1169, 1, effective July 1, 1988, transferred and redesignated

20-2-240. Powers and duties.
(a) The State Board of Education shall adopt and prescribe all rules, regulations, and policies required by this article and such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforcement, and carrying out of this article and other public school laws and for assuring a more economical and efficient operation of the public schools of this state or any phase of public elementary and secondary education in this state. The state board shall establish and enforce standards for operation of all public elementary and secondary schools and local units of administration in this state so as to assure, to the greatest extent possible, equal and quality educational programs, curricula, offerings, opportunities, and facilities for all of Georgia's children and youth and for economy and efficiency in administration and operation of public schools and local school systems throughout the state. The state board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public elementary and secondary education in this state, including actions designed to improve teacher and school effectiveness through research and demonstration projects. The state board shall have the power to take such actions as it deems necessary to ensure that the citizens have full awareness and knowledge relative to the costs, quality, and performance of the public elementary and secondary schools of this state. All rules, regulations, policies, and standards adopted or prescribed by the state board in carrying out this article and other school laws shall, if not in conflict therewith, have the full force and effect of law.

107

20-2-241

EDUCATION

1

(b) The State Board of Education is authorized, after a reasonable attempt at consultation with the State School Superintendent, to organize and reorganize the Department of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and operations of each at such times and in such manner as the state board may deem necessary or desirable for the more economical or effective organization, administration, or functioning of the department. (Code 1981, 20-2-230, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-240, as redesignated by Ga. L. 1987, p. 1169, 1.)
Editor's notes. - See the note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes. - In light of the similarity of the issues covered in the provisions, an opinion under former 20-2-281 is included in the annotations for this section.
State board may require a lay advisory group's approval as to the textbooks it selects, provided that in so doing it continues to exercise its own independent judgment and responsibility in making the final decisions concerning the textbook selection and does not in fact attempt to delegate its decision-making powers to the advisory committees. 1977 Op. Att'y Gen. No. 77-13.
Authority of board to "organize" and "reorganize" department supersedes prior legislation. The authority of the State Board of Education to "organize" and "reorganize" the State Department of Education and its various divisions and offices supersedes prior legislation which provided for the creation of a division of "vocational education service" under a director possessed of specified statutory "qualifications." 1977 Op. Att'y Gen. No. 77-68 (decision under former 20-2-281).
State board may condition continued state fiscal assistance on implementation of state established reading requirements. - Although the State Board of Education does not have explicit authority to directly preclude a student in a local school district from progressing from one grade level to another if the child is not capable of reading in the higher grade level, the board may, as a condition of continued state fiscal assistance, require local boards of education to implement state board established reading requirements. 1975 Op. Att'y Gen. No. 75-63.
Prohibition of nonnutritious food sales valid. - The State Board of Education policy which prohibits the sale of nonnutritious foods from the beginning of the school day through the end of the last lunch period is valid. 1984 Op. Att'y Gen. No. 84-52.
RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 37 et seq.

C.J.S. - 78 C.J.S., Schools and School Districts, 86-91.
20-2-241. State School Superintendent.
The State School Superintendent shall be the executive officer of the State Board of Education and the administrative officer of the Department of Education. He shall be responsible for the administration and enforcement of this article and other school laws in accordance with such laws and with rules, regulations, policies, and standards adopted or prescribed by the state board for the implementation, administration, or enforcement of such laws. (Code 1981, 20-2-231, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-241, as redesignated by Ga. L. 1987, p. 1169,
1.)
Editor's notes. - See the note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.
RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 37 et seq.
C.J.S. - 78 C.J.S., Schools and School Districts, 86-91.
20-2-242. Local school systems; local units of administration; local governing bodies.
The political subdivisions governed by county, independent, and area boards of education in this state established pursuant to law shall be known as "local school systems" for the purposes of this article, except where other specific provisions are made. All local school systems, boards of control of regional educational service agencies established pursuant to Code Section 20-2-272, and any other local or regional public education agencies established pursuant to law shall be known as "local units of administration" for purposes of this article, except education agencies governed or regulated by boards of other state agencies or except where other specific provisions are made. The members and executive officers of local governing boards shall comply with, execute, and enforce all laws and all policies, rules, standards, and regulations adopted by the State Board of Education pursuant to this article in order to be eligible to receive state funds under this article. If a local board of education fails to comply with any provision of this article, compli-

108

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-243

ance shall be enforced pursuant to Code Section 20-2-243. The qualifications, manner and time of selection, tenure, powers and duties, and state compensation, if provided for, shall be prescribed by law for all members and executive officers of local governing boards. Specifically, however, each local board of education shall be responsible for ensuring that:
(1) The instructional programs authorized pursuant to Part 3 of this article and the uniformly sequenced core curriculum authorized pursuant to Part 2 of this article are fully and effectively implemented;
(2) Locally adopted and offered enrichment programs, courses, and activities are properly planned, implemented, monitored, and evaluated to ensure the highest quality possible; and
(3) Information is distributed to the public on a continuing basis relative to the costs, quality, and performance of the system's elementary and secondary schools. (Code 1981, 20-2-232, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-242, as redesignated by Ga. L. 1987, p. 1169, 1.)
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, a comma was inserted following "compensation" in the introductory language.
Editor's notes. - See the note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.
JUDICIAL DECISIONS
Editor's notes. - In light of the similarity of the issues covered in the provisions, a decision under former Code 1933, Ch. 32-6, is included in the annotations for this section.
Board without authority to delegate duties without legislative authorization. - Without specific legislative authorization, a school board has no authority, by contract or otherwise, to delegate to others the duties placed on the board by the Constitution and laws of Georgia. Chatham Ass'n of Educators v. Board of Pub. Educ., 231 Ga. 806, 204 S.E.2d 138 (1974) (decided under former Code 1933, Ch. 32-6).
OPINIONS OF THE ATTORNEY GENERAL
Chapter impliedly limits term of contractual employment of county board employees to one school year. 1963-65 Op. Att'y Gen. p. 79 (decided under former Code 1933, Ch. 32-6).

RESEARCH REFERENCES
Am. Jur. 2d. - 68 Am. Jur. 2d, Schools, 37 et seq.
C.J.S. - 78 C.J.S., Schools and School Districts, 92-139.
20-2-243. Withholding funds for failure to comply with this article.
In the event a local unit of administration shall fail to comply with any provision of this article or other school laws; any provision of rules, regulations, policies, standards, or requirements established by the State Board of Education pursuant to this article; or the terms of any contract with the state board, the state board may, in its discretion, withhold from the local unit all or any part of the state contributed Quality Basic Education Program funds allotted to the local unit under this article until full compliance is made by the local unit. The state board shall, before withholding funds, notify the local unit of its intention and state the reasons for such action. The governing board of the local unit shall be entitled to a hearing before funds are withheld, provided the local board requests a hearing within 30 days from receipt of notification. If the local governing board feels itself aggrieved by the final decision of the state board following the hearing, the local board shall have the right to obtain judicial review of the decision, on the record made before the state board, by filing an appeal in the superior court of the county of the local unit affected. The appeal shall plainly specify the decision being challenged, the questions in dispute, the decision of the state board, the relief sought by the local board, and the contentions of the local board. The appeal shall be based upon the record as a whole established at the time of the hearing before the state board. A transcript of the testimony and other evidence adduced before the state board at the time of such hearing shall be prepared and certified as true and correct by the State School Superintendent and filed in the court within 30 days after date of service of a copy of the appeal upon the superintendent or within such other time as the court may allow. The decision of the state board on appeal shall not be set aside if based upon any substantial evidence in the record, considering the record as a whole. The court may, in its discretion, whether or not prayed for in the appeal, remand the matter for future proceedings or findings on such directions or terms as

109

20-2-250

EDUCATION

may be specified in the order of the court. administration for the purpose of improv-

Proceedings for review of the final judg- ing the effectiveness of an educational

ment of the court shall follow the same program or service within a school, a

course which is now or may hereafter be cluster of schools, system wide, or region-

prescribed for other civil actions in the ally, subject to appropriation by the Gen-

superior court. No funds shall be withheld eral Assembly. The state board shall ap-

until all appeals are exhausted. Any local point a review panel to evaluate all sub-

unit of administration which feels ag- mitted proposals and submit appropriate

grieved by any decision of the state board recommendations to the state board for

shall have the right to appeal under the funding based upon criteria specified

provisions of this Code section. (Code 1981, within this Code section. The criteria for

20-2-233, enacted by Ga. L. 1985, p. awarding such a grant shall include the

1657, 1; Code 1981, 20-2-243, as redes- potential for widespread adoption of such

ignated by Ga. L. 1987, p. 1169, 1.) improvement by other public schools or

local units of administration in the state,

Editor's notes. - See the note under this heading the potential to which the project is likely

at the beginning of this part for information as to the to result in the proposed improvement, the

redesignation of the former provisions of this Code quality of the proposed project design, the

section.

reasonableness of the costs involved in

conducting the project, and such other

OPINIONS OF THE ATTORNEY GENERAL criteria which the state board may deem

appropriate and necessary. The state

State board may condition continued state board shall have the authority to establish

fiscal assistance on implementation of state es- a list of educational programs and services

tablished reading requirements. - Although the for which project proposals will be consid-

State Board of Education does not have explicit authority to directly preclude a student in a local school district from progressing from one grade level to another if the child is not capable of reading in the higher grade level, the board may, as a condition of continued state fiscal assistance, require local boards of education to implement state board established

ered or the state board shall have the authority to consider unsolicited project proposals concerning any educational program or service needing improvement, or
both. Local units of administration shall be required to expend local funds for a

reading requirements. 1975 Op. Att'y Gen. No. 75-63. portion of the costs of projects authorized

under this subsection. The amount of such

PART 9

local funds shall be based upon the ability of a local unit to pay a share of the cost

GRANTS FOR EDUCATIONAL PROGRAMS

relative to the ability of other local units in the state to pay their shares of such

Editor's notes. - Ga. L. 1987, p. 1169, 1, effective July 1, 1987, transferred and redesignated

cost. Such local funds shall be in excess of the local funds required for the local fair

the provisions of former Part 8 of this article as this share pursuant to Code Section 20-2-164

part. Ga. L. 1987, p. 1169, 1 also transferred and and in excess of the local funds required as

redesignated the former provisions of this part, a portion of the costs for other grant

except for Code Section 20-2-251 which was repealed, programs authorized under this article.

as present Part 7 of this article. The table below The state board is further authorized to

indicates the present location of those redesignated Code sections:

reduce the amount of a local grant request through negotiation with a local governing

Former Code Section

Present Code Section

board and award the difference to an additional local unit of administration

20-2-240

20-2-250

which has submitted an unfunded, quali-

20-2-241 20-2-242 20-2-243 20-2-244 20-2-250 20-2-251 20-2-252 20-2-253

20-2-251 20-2-252 20-2-253 20-2-254 20-2-230 Repealed 20-2-231 20-2-232

fied project. (b) The State Board of Education shall
provide grants to qualified local units of administration for the purpose of assisting other local units in their efforts to adopt an
effective improvement of an educational program or service, subject to appropria-

tion by the General Assembly. Only those

202250. Projects to improve effective ness.

local units of administration which have completed innovation programs under the process defined in subsection (a) of this

(a) The State Board of Education shall Code section, regardless of fund source,

provide grants to qualified local units of and such innovation programs have been

110

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-250

sufficiently validated to demonstrate program effectiveness, may be considered for funding on a priority basis. The criteria for awarding such a grant shall be that the local unit of administration was previously instrumental in the development or adoption of such effective improvement, that the improvement has the potential for widespread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project costs, and
such other criteria which the state board may deem appropriate and necessary. Such a grant shall not require that any portion of such project's cost be paid by the qualified local unit of administration receiving such grant.
(c) The State Board of Education shall provide grants to qualified local units of
administration for the purpose of adopting effective improvements of educational pro-
grams or services, subject to appropriation by the General Assembly. The criteria for awarding such a grant shall be that the proposed improvement of an educational program or service has been proven to be effective elsewhere, the proposed improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project's cost, and such other criteria which the state board may deem appropriate and necessary. All funds for such adoption projects shall be for costs in
excess of costs for which funds have been otherwise provided by the provisions of
this article. Local units of administration shall be required to expend local funds for a portion of the cost of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and in excess of the local funds required as a portion of the costs for other grant programs authorized under this article.
(d) (1) In order to better address the needs of students at risk of failing to complete their education, the State Board of Education shall approve pilot projects that allow schools, clusters of schools, or school systems to decategorize funds received under Code Section 20-2-161. The state board shall appoint an interdisciplinary review

panel consisting of students, parents, educators, and representatives from business, the community, and the Department of Human Resources to evaluate all submitted proposals and to submit appropriate recommendations to the state board.
(2) Pilot projects must meet the following criteria:
(A) Address the needs of at-risk students who meet two or more of the criteria in the definition of the at-risk student as approved by the State Board of Education;
(B) Develop a plan for such a pilot project using an interdisciplinary committee composed of students, parents, educators, and representatives from
business, the community, the Department of Human Resources, and others as appropriate;
(C) Ensure that the plan for the pilot project becomes a component of the local strategic plan;
(D) Provide for a program evaluation that specifies the goals of the program, the means to achieve those goals, the reasons for any decategorization or combining of program earnings to carry out those means, and objective and other criteria to be met which will determine the success or failure of the new programs;
(E) No funds may be expended for any program or service explicitly excluded from the full-time equivalent count in subsection (a) of Code Section 20-2-160, except that such funds will be expended in conformity with the requirements for expenditures of direct instructional costs under Code Section 20-2-167. Any local plan approved by the board to combine program earnings for the purpose of providing programs for at-risk students under this subsection must also conform with the expenditure controls under Code Section 20-2-167 as modified by the new program categories described in the local system's proposal to the board. In no event will the aggregate funds expended for direct instructional costs be a lower amount than would have been required under the original formula calculations and expenditure requirements; and
(F) No funds may be expended for transitional programs, such as transitional kindergarten or first grade. (3) The state board shall give priority to proposed pilot projects that focus on

111

"........ 20-2-251

EDUCATION

interagency cooperation and the joint provision of services.
(4) All pilot projects shall be reviewed annually by the state board to ensure that they are meeting the goals and objectives outlined in their plan. Pilot projects that are no longer achieving their goals and objectives shall be discontinued by the state board.
(5) The pilot projects shall report annually to the Appropriations and Education committees of the House of Representatives and the Senate. (Code 1981, 20-2-240, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-250, as redesignated by Ga. L. 1987, p. 1169, 1; Ga. L. 1991, p. 1630, 3.)
The 1991 amendment, effective ,July 1, 1991, added subsection Cd).
Editor's notes. - See the note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.
Ga. L. 1991, p. 1630, 6, not codified by the General Assembly, provides that the amendment to this Code section by that Act, effective July 1, 1991, is applicable to the 1992-1993 school year.
OPINIONS OF THE ATTORNEY GENERAL
Rental of school property at less than fair market rental. - Allowing a sectarian organization to generate income through the use of school property under a lease arrangement at less than the fair market rental rate would violate the "indirect aid" language of Ga. Const. 1983, Art. I, Sec. II, Para. VII. 1988 Op. Att'y Gen. No. U88-20.
20-2-251. Demonstration programs.
(a) As used in this Code section, the term:
(1) "Demonstration plan" means a document submitted by the local school system or board of control of a regional educational service agency and approved by the State Board of Education which describes: how certain state policies, standards, rules, regulations, and categorical expenditure requirements in practice inhibit the local school's, school system's, or regional educational service agency's delivery of an appropriate and effective educational program; how a suspension of such policies would result in improvement of the educational program; the new demonstration program or activity without such policies; proposed stipulations under which the local school, school system, or regional educational service agency will operate in lieu of those policies that the state board is

requested to suspend; goals and objectives of the new demonstration program or activity; an evaluation system to
determine if the goals and objectives of the new demonstration program or activity are being attained; and other such items as the state board may deem necessary for an effective demonstration plan.
(2) "Demonstration program" means a local school, school system, or regional educational service agency which is designated by the state board to operate the educational programs or services contained within its demonstration plan in accordance with the said plan. (b) The State Board of Education shall have the authority and is directed to:
(1) Prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section;
(2) Annually designate local schools, school systems, and regional educational service agencies which meet established state board criteria for being designated or continuing their designation as demonstration programs; provided, however, that the Department of Education shall annually review and evaluate the effectiveness of demonstration plans and submit findings and recommendations to the state board;
(3) Suspend other state policies, standards, and regulations for approved demonstration programs to the extent deemed essential for successful implementation of approved demonstration plans. However, such suspension of rules and regulations will apply only to those personnel, programs, regional educational service agencies, and schools actually participating in the approved demonstration program or activity; and
(4) Recommend to the Professional Standards Commission that applicable certification regulations and requirements be suspended. (c) The State Board of Education is authorized to prescribe the criteria by which schools or school systems or regional educational service agencies receiving funds pursuant to Code Section 20-2-250 may receive demonstration program status. (d) No demonstration program shall be permitted to continue such designation for more than three fiscal years; provided, however, that a new application for designation as a demonstration program may be submitted to the state board for approval

112

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-252

based upon the annual evaluations required by this Code section.
(e) The state board shall have the authority and is encouraged to establish a committee or committees to advise it as to the requirements which demonstration programs must meet, the accountability procedures which must be used, and other matters which the state board deems necessary for the success of demonstration programs. (Code 1981, 20-2-241, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-251, as redesignated by Ga. L. 1987, p. 1169, 1; Ga. L. 1992, p. 1332,
1.)
The 1992 amendment, effective July 1, 1992, in paragraph (1) of subsection (a), substituted "means" for "is defined as", "rules, regulations, and categorical expenditure requirements" for "rules and regulations", "local school's, school system's, or regional educational service agency's" for "local school system's", and "local school, school system, or regional educational service agency" for "local school system" and inserted "or board of control of a regional educational service agency"; in paragraph (2) of subsection (a), substituted "'Demonstration program' means a local school, school system, or regional educational service agency" for "'Demonstration school system' is defined as a local school system"; in paragraph (2) of subsection (b), substituted "local schools, school systems, and regional educational service agencies" for "local school systems" and "demonstration programs" for "demonstration school systems" and deleted "and" following "state board" at the end; in paragraph (3) of subsection (b), deleted "certification regulations and requirements and" preceding "other state policies" amd substituted "demonstration programs" for "demonstration school systems" in the first sentence and inserted "regional educational service agencies," and substituted "; and" for a period in the second sentence; added paragraph (4) of subsection (b); rewrote the former first sentence of subsection (c) as present subsection (c); rewrote the former second sentence of subsection (c) as present subsection (d); deleted the former last sentence of subsection (c); and added subsection (e).
Editor's notes. - Section 1 of Ga. L. 1987, p. 1169, effective July 1, 1987, repealed the former Code section concerning a minimum program weight computation. The former Code section was enacted by Ga. L. 1985, p. 1657, 1. For present provisions concerning program weights, see Part 5 of this article.
Code Commission notes. - Pursuant to 28-9-5, in 1987 "State" was deleted preceding "Department of Education" in paragraph (2) of subsection (b).
20-2-252. Electronic technology.
(a) Local school systems shall develop long-term system-wide electronic technology plans which list assessed needs; describe the planned phasing in of the computer hardware, software, and related electronic technology necessary to address the assessed needs; and contain such other

items as the State Board of Education may deem necessary for an effective electronic technology plan. The state board shall adopt a long-term state-wide electronic technology plan which is reflective of needs identified state wide and the priorities and planned actions designed to address such needs. The state board shall prescribe the method and frequency by which such electronic technology plans shall be updated.
(b) The State Board of Education shall grant funds to local units of administration to be used to purchase computer hardware, software, and related electronic technology and to finance the costs of staff development programs pertaining to the use and application of computers and related electronic technology in educational programs and services, subject to appropriation by the General Assembly. The amount of funds granted to any local school system shall be based upon the extent of need as reflected in its electronic technology plan, the consistency of such need with the priorities established by the state board's state-wide plan, and such other considerations as deemed necessary by the state board. The amount of local funds required may be based upon the ability of a local school system to pay a share of the cost relative to the ability of other local school systems in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local fair share pursuant to Code Section 20-2-164 and in excess of the local funds required as a portion of the costs for other grant programs authorized under this article.
(c) The State Board of Education shall evaluate hardware and software, disseminate effective software, provide technical assistance and staff development training to local units of administration, and perform such other related functions as deemed necessary by the state board.
(d) The State Board of Education shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section and shall take all actions deemed necessary to facilitate the adoption and effective utilization of computers and related electronic technology in improvement of the operations of educational programs and services in the state. (Code 1981, 20-2-242, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-252, as redesignated by Ga. L. 1987, p. 1169, 1.)
Editor's notes. - See the note under this heading

113

20-2-253

EDUCATION

at the beginning of this part for information as to the redesignation of the former provisions of this Code section.
20-2-253. Incentive awards.
The State Board of Education shall provide qualified public elementary and secondary schools and local school systems with incentive award grants, subject to appropriation by the General Assembly. The purpose of such grants shall be to give recognition to public schools and local school systems having demonstrated high levels of performance or high levels of improved performance; provided, however, that all comparisons of schools shall be with other schools containing similar grade levels and containing student populations which have similar demographic characteristics and that all comparisons of local school systems shall be with other local school systems containing student populations which have similar demographic characteristics. The amount of such incentive award grants shall be reflective of the most recent full-time equivalent counts of the qualified public schools or local school systems, respectively, and such other factors deemed appropriate by the state board. The public schools or local school systems receiving such incentive award grants shall expend these funds to improve their staff development or instructional programming, or both, in a manner they deem appropriate. Such recipients of the incentive award grants shall not be required to apply local funds to the expenditures authorized under this Code section. The state board shall adopt a list of performance areas for which public schools and local school systems may receive incentive award grants and shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section. (Code 1981, 20-2-243, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-253, as redesignated by Ga. L. 1987, p. 1169, 1.)
Code Commission notes. - Pursuant to 28-9-5, in 1987 "full-time equivalent" was substituted for "FTE" in the third sentence.
Editor's notes. - See the note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.
20-2-254. Educational research.
The State Board of Education is authorized to engage in or otherwise to make provision for educational research into all

methods of instruction and education of children and youth; to sponsor confererces, study groups, and workshops; and to conduct research or education demonstrations, experimentation, field tests, and such other projects which will support, improve, or strengthen the public schools of this state, the quality of education provided children and youth in the public schools of this state, and the qualifications and technical skills of professional personnel employed in the public schools of this state; and the state board is authorized to employ or contract for the services of specialists and others as may be necessary or desirable for such purposes and to cooperate with local school systems and public and private educational institutions and agencies inside or outside the state for such purposes. (Code 1981, 20-2-244, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-254, as redesignated by Ga. L. 1987, p. 1169, 1.)
PART 10
CAPITAL OUTLAY FUNDS
20-2-260. Capital outlay funds generally.
(a) It is declared to be the policy of the State of Georgia to assure that every public school student shall be housed in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by this article.
(b) As used in this Code section, the following words or terms shall have the following meanings:
(1) "Addition" refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) "Annual debt service" is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt.
(3) "Capital outlay" includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional

114

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-260

equipmen~ .a,nd furnishings for educational facIlItIes.
(4) "Construction project" refers to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities.
(5) "Educational facilities" shall include buildings, fixtures, and equipment
necessary for the effective and efficient operation of the program of public edu-
cation required by this article, which, without limiting the generality of the foregoing, shall include classrooms, li-
braries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equipment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools,
tracks, stadiums, and other facilities or portions of facilities used primarily for
athletic competition and the central and area administrative offices of local units of administration.
(6) "Educational facilities survey" is defined as a systematic study of present
educational facilities and a five-year forecast of future needs which shall include, but shall not be limited to, the needs set forth in subsection (j) of this Code section based on the instructional program and service requirements of this article.
(7) "Entitlement" refers to the maximum portion of the total need that may be funded in a given year.
(8) "Full-time equivalent student count" is defined as the average of the two full-time equivalent counts pursuant to Code Section 20-2-160 for a school year; provided, however, that the average daily membership shall be used in lieu of such full-time equivalent student counts for school years for which such counts are not available.
(9) "Local funds" refers to funds avail-
able to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues.
(10) "Net equalized adjusted school property tax digest" is defined as the equalized adjusted school property tax digest furnished pursuant to Code Sec-

tion 48-5-274, reduced in accordance

with paragraphs (1) and (2) of subsection

(a) of Code Section 20-2-164.

(11) "Physical education facility" is

defined as any facility which is designed

for an instructional program in physical

education and shall exclude any specta-

tor stands, lobbies, public restrooms,

concession areas, or space normally

identified to serve only the interscholas-

tic athletic program in which the school

may participate.

(12) "Renovation" or "modernization"

or both refers to construction projects

which consist of the initial installation

or replacement of major building compo-

nents such as lighting, heating, air-con-

ditioning, plumbing, roofing, electrical,

electronic, or flooring systems; millwork;

cabinet work and fixed equipment; en-

ergy retrofit packages; or room-size mod-

ifications within an existing facility, but

excluding routine maintenance and re-

pair items or operations.

(13) "Required local participation" is

defined as the amount of funds which

must be contributed by local school

systems from local funds for each con-

struction project.

(14) "Unhoused students" is defined

as those students who are not housed in

school facilities which are structurally

sound with adequate space as defined by

the state board.

.

(15) "Weighted full-time equivalent

student count" is defined as the average

weighted full-time equivalent count as

defined in paragraph (3) of subsection (a)

of Code Section 20-2-165.

(c) The State Board of Education shall

adopt policies, guidelines, and standards

that meet the requirements specified in

this Code section. The state board's respon-

sibilities shall include the following:

(1) To adopt policies, guidelines, and

standards for the annual physical facil-

ity and real property inventory required

of each local school system. This inven-

tory shall include, but not be limited to:

parcels of land; number of educational

facilities; year of construction and de-

sign; size, number, and type of construc-

tion space; amount of instructional space

in permanent and temporary buildings;

local property assessment for bond pur-

poses; outstanding school bonds and an-

nual debt service; and buildings and

facilities not in use or rented or leased to

individuals or other agencies of govern-

ment, or used for other than instruc-

tional programs required by this article,

each identified by its current use. De-

115



20-2-260

EDUCATION

partment of Education staff shall annually review, certify the accuracy of, and approve each local school system's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education,
the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal procedures for rejected surveys;
(3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities, if any; and other construction projects needed to house the instructional programs authorized by provisions of this article;

(4) To adopt uniform rules, regulations, policies, standards, and criteria
respecting all location, construction, equipping, operating, maintenance, and
use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allowable construction costs
based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing
renovation, modernization, or additions shall otherwise meet requirements ap-
plicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating statewide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans and shall reflect circumstances where rapid population growth is caused by factors not reflected in full-time equivalent student projection research. In addition, the state board shall develop a consistent, systematic research ap-

116

7

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-260

proach to full-time equivalent student projections which will be used in the
development of needs within each local unit. Projections shall riot be confined to full-time equivalent resident students but shall be based on full-time equivalent student counts which include fulltime equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projec-
tion shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and
cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not
count toward present or future required local participation;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), and (h) of this
Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, and consolidation of schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and

(9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes. (d) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (g) and (h) of
this Code section, each local school system must meet the following conditions and requirements:
(1) Prepare and annually update the real property inventory in accordance with provisions of subsection (c) of this Code section;
(2) Complete a local educational facilities plan in accordance with provisions of subsection (c) of this Code section.
Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (e) of this Code section. Each local school system shall specify the order of importance of all proposed construction projects. When two or more local school systems agree on the need for a consolidation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school systems and included with their identification of needs in accordance with the proportion of the number of students to be served from each local school system;
(3) Prepare and annually update the local educational facilities needs in accordance with provisions of subsection (c) of this Code section;
(4) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds;
(5) Submit requests for capital outlay funds to the Department of Education;
(6) Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provi-

117
~lj

20-2-260

EDUCATION

s~ons of subsection (c) of this Code sectIon;
. (7) Revise the local educational facilitIes plan ~nd pr~ority.order of requested cons~r~ctIOnprojects In accordance with pro':lsIOns of subsection (c) of this Code sectIOn;
(8) Provide required local participation; and
(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria
under Code Section 20-2-292 to Bryan County and Laurens County when qual-
ifying requested construction projects under this Code section. (e) State capital outlay funds for educa-
tional facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enrollment or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites;
(2) To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authOl:ized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;
(4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population by the State Board of Education or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facili-

ties on new sites, new additions to existing sites, or relocation of existing
educational facilities or portions thereof
to different sites; (5) To provide construction projects to
consolidate the total student populations in elementary, middle, or high schools
across local school system lines. In such projects, there shall be no requirement
to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding purposes; and
(6) To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facili-
ties. No local school system may request funds for the purposes of this paragraph
unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of
this subsection have been completed. (f) The state and each local school sys-
tem shall provide capital outlay funds for educational facilities in accordance with this subsection as follows:
(1) The required local participation shall be 25 percent of the eligible project
cost as modified by the local ability ratio and annual debt service. The local ability ratio shall be determined by dividing
the local school system's net equalized
adjusted school property tax digest per
weighted full-time equivalent resident
student by the state-wide net equalized adjusted school property tax digest per
weighted full-time equivalent resident
student. The resulting ratio shall be
multiplied by 25 percent of the cost of the eligible construction project to deter-
mine the required local participation. A local school system may reduce its required local participation by an amount
equal to no more than 75 percent of
annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regard-
less of the above, no local school system's required local participation shall be less than 10 percent nor greater than 25
percent of the cost of an eligible construction project except as provided in paragraph (2) of this subsection; and
(2) The state shall participate in no
more than 25 percent of the cost of
construction projects related to damage to educational facilities caused by fire or
natural disaster. (g) (1) In order to determine a reason-
able total funding level for the purposes stated in subsection (e) of this Code

118

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-260

section and to establish a fair and equitable distribution of funds to local school systems, the State Board of Education shall annually determine a level of authorization. For a given fiscal year, the new authorization level may equal zero but shall not exceed $100 million, adjusted annually to reflect the changes in the current annual construction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be
appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization, ad-
justed as specified in this paragraph. (2) In setting the annual authoriza-
tion level, the state board shall consider any previously authorized but unfunded
amounts together with the total estimate of funds needed for school facilities
in the state. Such total state facilities needs shall be computed by summing the following:
(A) The total facility improvement needs included in the most recent fiveyear educational facilities plan which
has been reviewed by a survey team and approved by the state board. Such
needs shall annually be adjusted downward for projects financed by
either state or local funds and shall annually be adjusted upward or down-
ward to reflect changes in the fulltime equivalent student counts but shall not be otherwise adjusted
upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (d) of this Code
section; and (B) The sum of the annual debt
service payments for the five-year
period of the latest survey (that used in subparagraph (A) of this para-
graph), excluding payments for postsecondary facilities, athletic facilities,
administrative facilities, or other projects not included in the approved
five-year plan pursuant to subsections (c) and (d) of this Code section. Such payments shall annually be adjusted downward for any portion used in lieu
of required local participation as allowed in subsection (f) of this Code
section and shall be adjusted upward for the remaining portion of the five-
year period for increases in the annual debt service payments resulting from

local financing of projects covered by the state board approved plan. (3) Each local school system shall be entitled to a portion of the total authorization set by the state board annually based on the ratio of that local school system's needs as computed in paragraph (2) of this subsection to the total of
all local school systems' needs. In addition to the annual entitlement, the local
school system is eligible to receive any entitlement accrued from previous years for which state funds have not yet been
received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount
of previously accrued entitlements. (4) In order to determine the amount
of state funds to be requested for a given fiscal year, total new and accrued enti-
tlements must be compared to the state
portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. Such
comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In
the event that projects requested for funding exceed the total state entitlements and required local participation,
local school systems may elect to contribute additional local funding. Local funds contributed in excess of required local participation may be credited as debt service credit only toward required
local participation in subsequent years pursuant to paragraph (1) of subsection
(f) of this Code section, provided that the requested state appropriation for this
subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to
comply with this limitation. (5) The final level of entitlements
actually authorized by the state board for a fiscal year shall be that level which is consistent with the Appropriations Act for that year. (h) A local school system may receive
state capital outlay funds for one construction project under the advance funding
category to meet educational facilities needs due to the following:
(1) Extraordinary growth of student
population in excess of the capacity of existing facilities;
(2) Destruction of or damage to educa-
tional facilities by fire or natural disaster, limited by the provisions of para-
graph (2) of subsection (f) of this Code section;

119

d

20-2-260

EDUCATION

(3) Replacement of educational facilities which have been certified as hazards to health or safety;
(4) Projects, in priority order, which
would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and
(5) Projects for consolidation of
schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding:
(A) The local school systems have specifically requested funding under
this subsection prior to submission of the annual budget request for the
state board to the General Assembly; (B) Annual entitlements accrued
under subsection (g) of this Code sec-
tion have offset any advanced funding previously granted, except that no
more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section;
(C) The projects to be funded are
not in addition to projects funded for local school systems under the provi-
sions of subsection (g) of this Code section in a given year; and
(D) The required local participation and all other procedural requirements of this Code section are met. (D Local school systems may receive capital outlay funds for construction projects to consolidate or reorganize schools under an advance funding category; provided, however, that each local school system is limited to one project per fiscal year except when a second project is required to effectuate consolidation or reorganization of the schools simultaneously and that each construction project meets the following conditions: (1) A school size and organizational study has been completed by the Department of Education; (2) The local school system has adopted a comprehensive plan to reorganize to a K-5, 6-8, 9-12 organizational pattern, or an organizational pattern

congruous with this pattern, and each school within the system funded under this subsection shall meet or exceed the base sizes specified in subsection (b) of Code Section 20-2-291 or the membership represented in these grade organizations is 100 percent of the local school system's student population in the affected grades;
(3) The local facilities plan to implement this reorganization or consolidation of schools has been approved by a comprehensive survey team and the State Board of Education;
(4) The project proposed for advance funding must be accomplished in order for the reorganization or consolidation to be implemented; provided, however, that the proposed project may include reno-
vation and modification of existing facilities, as well as additions to existing facilities and construction of new facilities if the reorganization or consolidation cannot be implemented until these
activities have been completed; (5) The combined project total would
otherwise require more than three years
of the combined annual entitlement and required local participation, with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the state board;
(6) A schedule for funding the activities required to effect the reorganization or consolidation has been developed as a part of the organizational study, incorporated into the local facilities plan, and approved by the local board of education and the state board, and the funding for those activities required to effect the reorganization or consolidation will be scheduled over a one to five-year period;
(7) The project to be funded is not in addition to projects funded for a given local school system under the provisions of subsection (g) of this Code section for the fiscal year in which it is to be funded; and
(8) The required local participation and all other procedural requirements of this Code section are met. (j) The State Board of Education is authorized to request funds for planning studies one or two years prior to the request for the funding of specific facility projects or to include the costs of such studies within the total cost of facility projects; provided, however, that all such project design studies are for pro~ects included in the local school systems facility

120

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-260

construction plans specified in paragraph (3) of subsection (c) of this Code section.
(k) The State Board of Education shall request separate appropriations for each of the following categories:
(1) Regular entitlements pursuant to subsection (g) of this Code section;
(2) Regular advance funding projects pursuant to paragraphs (1) through (4)
of subsection (h) of this Code section; (3) Construction projects resulting
from the consolidation of schools across local school system lines pursuant to paragraph (5) of subsection (h) of this
Code section; (4) Construction projects resulting
from merger of local school systems pursuant to subsection (a) of Code Section 20-2-291;
(5) Advance funding projects for consolidation or reorganization of schools pursuant to subsection (i) of this Code
section; and (6) Planning studies pursuant to sub-
section (j) of this Code section. (k.1) Prior to a local board of education's submitting an advanced incentive funding
request to the State Department of Education for State Board of Education approval
under subsections (i) and (j) of this Code
section, the local board of education shall conduct the following:
(1) The board of education must schedule and hold at least two public hearings and provide an opportunity for
full discussion of the local board of education's consolidation or reorganization plan;
(2) The public hearings shall be ad-
vertised in the official newspaper and shall include, but shall not be limited to:
(A) Identification of each school to
be closed and location of each new school;
(B) Proposed size of each new school
in terms of number of students and grade configuration;
(C) Proposed renovations, modernization, retrofitting, or expansion of existing schools designed to accommo-
date consolidation; (D) Total cost, including breakdown
for state and local shares, and for school construction projects resulting from consolidation. Local costs shall
include identifying proposed sources of funds, whether from bond referendum
proceeds or other sources; (E) Plans for use or disposal of
closed school property;

(F) The impact alternative options would have on the system's planned curriculum and programs;
(G) The options in the school size and organization study; and
(H) The financial impact of the options on all schools;
(3) The board of education shall request formal, written comments or suggestions regarding the system's organizational pattern or school sizes and shall allow appropriate discussion during the public hearings;
(4) Any registered voter may file with
the local board of education a notice of intent to file a petition when the voter wishes to express opposition to a school system's local facilities plan as it pertains to consolidation of schools within
that system. A petition with the signature of at least 25 percent of the qualified, registered voters within that system's jurisdiction must be filed with the board of education within 60 days after
the notice of intent to file a petition has been received by the board. The signatures on the petition must be validated against the official list of registered voters;
(5) The local board of education and the petitioners shall meet to resolve differences. The petitioners shall select a delegation of no more than ten members, of whom six shall be parents of students in the affected schools. The chairman of the local board of education shall notify the petitioners of the date, time, and
place for meeting to address their differences. The local board of education shall render a final decision on the petition within 60 days from the initial meeting to discuss differences; and
(6) An opposition report shall be filed by the board of education to report resolution of opposition before advanced incentive funds shall be awarded to that system. (1) In the event the General Assembly is unable to appropriate the funds needed for a fiscal year to finance the total request of the State Board of Education under this Code section, the following priorities shall apply to the funds appropriated:
(1) Facility projects requested pursuant to subsection (g) of this Code section;
(2) Planning studies;
(3) Facility projects requested pursuant to paragraphs (1) through (4) of subsection (h) of this Code section, subject to the following subpriorities:
(A) Facility projects needed to address extraordinary growth;

121

L

20-2-260

EDUCATION

(B) Facility projects resulting from construction, modification, and renovation

destruction or damage caused by fire costs for the project. Itemization for addi-

or natural disaster;

tions, modifications, and renovations shall

(C) Facility projects needed to ad- include type of classrooms by purpose,

dress hazards to health or safety; and estimated square footages, and costs for

(D) Facility projects needed for hallways, restrooms, administrative of-

unhoused students;

fices, lunchrooms, and media centers.

(4) Facility projects needed to effectu- Costs for new facilities shall be budgeted

ate local school system mergers pursu- by the current construction cost times the

ant to subsection (a) of Code Section total square footage required.

20-2-291;

(0) Any other provisions of this Code

(5) Facility projects requested pursu- section to the contrary notwithstanding,

ant to paragraph (4) of subsection (h) of when the board of education of a local

this Code section, subject to the follow- school system has called and held a bond

ing subpriorities:

election to incur bonded indebtedness to

(A) Students housed in substandard construct a school or schools for the pur-

or obsolete facilities;

pose of high school consolidation within

(B) Facility projects designed to the school system and a majority of the

consolidate schools smaller than the voters voting in said bond election voted

respective base sizes; and

against incurring such debt, then for a

(C) Facility projects designed to period of four school years immediately

meet state board requirements or for following the school year during which the

modernization;

bond election was held, the local school

(6) Facility projects needed to develop system shall not receive any funds for such

schools which will serve students across purpose pursuant to the provisions of sub-

local school system lines pursuant to sections (i) and (j) of this Code section. The

subsection (b) of Code Section 20-2-291; provisions of this subsection apply to bond

and

elections held at any time after January 1,

(7) Facility projects requested pursu- 1989.

ant to subsection (i) of this Code section, (p) Any system which has not submitted

subject to the same order of subpriorities a plan for consolidation or reorganization

specified in paragraphs (3) and (5) of this of schools to the State Board of Education

subsection.

by July 1, 1992, shall not be allowed to

(m) The State Board of Education shall request state funds under subsections (i)

implement a computerized student projec- and (j) of this Code section.

tion program for each school system in (q) Any construction project on an exist-

Georgia as a component of the state-wide ing school facility which is less than base

comprehensive educational information size as defined in subsections (b) and (c) of

network. The program shall be used in this Code Section 20-2-291 and identified by

subsection to forecast facility needs in each the local board of education in the educa-

system by projecting full-time equivalent tional facility survey pursuant to subsec-

student counts for each grade level and tions (c) and (d) of this Code section shall

shall be written in the educational facili- be approved by the State Board of Educa-

ties survey. The projection program meth- tion. Construction projects identified by

odology at least must correlate live-birth the local board which contain a projected

data to full-time equivalent student counts FTE of more than 200 students in an

and project full-time equivalent student elementary school, 400 students in a mid-

counts for each of the grades, including dle school, and 500 students in a high

kindergarten, for each of the next five school, regardless of grade configuration,

years using cohort survival.

shall be eligible to receive full capital

(n) The State Board of Education shall outlay funding pursuant to subsections (g),

request funds for capital outlay purposes (h), and (i) of this Code section. Provided,

as defined in subsections (a) through (j) of however, that nothing contained in this

this Code section for each school system subsection shall be construed so as to

and project. For each project, the state change or increase the amount of entitle-

board shall present to the Education and ment for which a system is eligible.

Appropriations committees of the House of (r) Notwithstanding any other provi-

Representatives and the Senate of the sions of this Code section, when the board

General Assembly by object of expenditure of education of a local school system has

all costs contributing to the construction called and held a bond election to incur

project. This itemization shall include, but bonded indebtedness to construct a school

not be limited to, architectural fees, new or schools for the purpose of high school

122

"1

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-261

consolidation within the school system and a majority ofthe voters voting in said bond election voted agaiI?-st incurring such debt or a local boar~ l~ under litigation to pre,:ent a consolIdatIon project under subsectIOn (h) or (i) and (j) of this Code section, whether funds have been allocated or not, the procedures established in paragr8;ph (5) of subsection (k.1) of this Code sectIOn shall be followed. (Code 1981, 20-2-260, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1991, p. 1531, 5.1; Ga. L. 1992, p. 6, 20; Ga. L. 1992, p. 1335, 4; Ga. L. 1992, p. 3164, 2-5; Ga. L. 1992, p. 3211, 1.)
The 1991 amendment, effective April 17, 1991, added subsection (0).
The 1992 amendments. - The first 1992 amendment, effective February 19, 1992, part of an Act to correct errors and omissions in the Code, revised language in paragraph (8) of subsection (b). The second 1992 amendment, effective July 1, 1992, in subsection (b), substituted "average of the two" for "average of the three" in paragraph (8) and, in paragraph (15), substituted the language beginning "weighted full-time" for "of the three weighted fulltime equivalent counts pursuant to paragraph (11) of subsection (a) of Code Section 20-2-165" at the end. The third 1992 amendment, effective May 7,1992, in subsection (b), made the following changes: in paragraph (8), substituted "two" for "three", and, in paragraph (15), substituted all of the present language following "average" for "of the three weighted full-time equivalent counts pursuant to paragraph (11) of subsection (a) of Code Section 20-2-165"; in subsection (d), at the end of paragraph (7) deleted "and", at the end of paragraph (8) substituted "; and" for a period, and added paragraph (9); and added subsections (k.l), (p), (q), and (r). The fourth 1992 amendment, effective May 7, 1992, in paragraph (4) of subsection (k.l), substituted "that system's jurisdiction" for "other systems' jurisdictions" in the second sentence.
Code Commission notes. - Pursuant to 28-9-5, in 1987, "full-time equivalent" was substituted for "FTE" three times in paragraph (8) of subsection (b), twice in paragraph (15) of subsection (b), eight times in paragraph (5) of subsection (c), twice in paragraph (1) of subsection (0, once in subparagraph (g)(2)(A), and twice in subsection (m).
Editor's notes. - Ga. L. 1992, p. 3164, 6, provides: "Nothing contained in this Act shall affect any payment or allocation to any board of education of a local system as a result of bond proceeds authorized and sold under the provisions of House Bill 1262, Supplemental Appropriations Bill, passed on February 10, 1992, and payment shall be made to said boards of education as provided for in said House Bill 1262."
OPINIONS OF THE ATIORNEY GENERAL
State board may impose competitive bidding requirements on local boards. - This section would permit the State Board of Education to impose

competitive bidding requirements on loc~l school

boards when state capital outlay funds are mvolved.

1977 Op. Att'y Gen. No. 77-32;

.

Local systems which deSire to consolidate

across system lines must include such projects

as part of their five-year construction plans and

receive entitlements based upon those needs. 1983

Op. Att'y Gen. No. U83-43.

Accrued entitlements applied to consolidated

system projects. - When local systems which desire

to consolidate grades seven through 12 across system

lines include such projects as part of their five-year

construction plans and are funded, the accrued enti-

tlements of the local systems are applied to the

consolidation projects. 1983 Op. Att'y Gen. No.

U83-43.

Eligibility for facilities funding. - A local board

of education which voluntarily consolidates two high

schools, thereby obtaining a number of full-time

students of 485 or more but less than 970 students,

and which complies with the capital outlay require-

ments of this section is eligible for facilities funding

under 20-2-29l(b) if the new high school will serve

more than 485 full-time equivalent students. 1986

Op. Att'y Gen. No. U86-37.

Reduction in local participation under capital

outlay program. - The State Board of Education

can determine, pursuant to its rulemaking power, the

reduction in local participation under the capital

outlay program of APEG by adding the annual debt

service payments for each year in which the entitle-

ment is granted. 1982 Op. Att'y Gen. No. 82-77.

20-2-261. Common mInImum facility requirements.
(a) The State Board of Education shall establish common minimum facility requirements which each public school facility must meet in order to be certified for use in any component of the educational or recreational program of that school. Such minimum requirements shall include those provisions of law or state board policy on matters that relate to fire and physical safety; sanitation and health, including temperature and ventilation; minimum space, size, and configuration for the various components of the instructional program; and construction stability, quality, and suitability for intended uses.
(b) The State Board of Education shall adopt policies and procedures to ensure that each school facility meets minimum standards as determined by state board policy.
(c) A proposed plan of action which includes a list and description of each deficiency and time limits within which such deficiencies are to be corrected must be submitted to the State Board of Education for review and approval. Further, the state board shall have the authority, in accordance with Code Section 20-2-243, to withhold all or part of the state funds in

123

20-2-270

EDUCATION

sUPP.or:t of tJ:1is part from any local unit of year 1988. If effective July 1, 1988, or any

admInIstratlOn refusing or failing to im- July 1 thereafter, the State Board of

pleme:t;lt ~he plan of action for deficiency Education reorganizes the service areas of

remedIatlOn approved by the state board regional educational service agencies from

(Code 1981, 20-2-261 enacted by Ga L' the 16 service area arrangement in place

1918.5), p. 1657, 1; Ga: L. 1987,P. 1i69,'

June 30, 1987, the state board shall also review effective the same date the service

areas for the Georgia Learning Resources

PART 11

System and the Psychoeducational Network to be compatible with the reorga-

REGIONAL EDUCATIONAL SERVICE AGENCIES

~ized servi~e areas for the regional educatlOnal ~erYIce agencies. Upon the request of a maJorIty of the local school superinten-

dents or. the local school systems within

20-2270. Establishment of statewide the serVIce area of a unit of the Georgia

network.

Learning Resources System or of the

(a) The State Board of Education shall
establish a state-wide network of regional educational service agencies for the pur-
poses of providing shared services designed to improve the effectiveness of educational programs and services of local s~hool systems a~d of providing instructIonal programs dIrectly to selected public school .students i:t;l the stat~. The regional educatlOnal serVIce agencIes established by the state board may legally be referred to as "RESA" or "RESA's." The shared servic~s to member local school systems shall mclude the following assistance:
(1) Identifying or conducting research
related to educational improvements and in planning for the implementation
of such improvements; (2) Developing and implementing
staff development programs;
. (3) Developing an? implementing currIcula and mstructlOn of the highest
9uality po.ssible, including implementmg the unIformly sequenced core curric-
ulum adopted by the state board; (4) Developing and implementing as-
sessment and evaluation programs; (5) Identifying and utilizing elec-
!ronic technolo~, including computers, m an effort to Improve the quality of
classroom instruction as well as classroom, school, and school system manage-
ment; and (6) Developing programs, resource
~aterials, and staff development serVIces relating to instruction on alcohol
and drug abuse.

~sychoeducational ,Network, representatIves of eac~ of the ~ocal school systems in the respectIve serVIce area shall vote in the manner and at the time prescribed by
the state board to determine if one of the
l?cal school. systems or the regional educat~onal Se!VICe agency serving the respectIve serVIce area shall serve as the fiscal agent for the respective unit of the Georgia Learning Resources System or the Psychoeducational Network for the ensu-
ing fiscal year. In the event this vote results in a change in the fiscal agent for the respe~tive ,unit,. the new fiscal agent shall contmue m thIS capacity for a minimum of three fiscal years. In the event a
!egional educational service agency is desIgnated as the fiscal agent for the service area of a unit of the Georgia Learning
Resources System or of the Psychoeducational Network, all member and nonmember local school systems shall
be provided the services of the Georgia Learning Resources System or the Psychoeducational Network, respectively.
The state board is authorized to contract with regional educational service areas to provide educational services to students with handicapping conditions which are
either of such low incidence or of such severit:y that it is unfeasible or impractical
to provIde needed educational and training services through local school systems pursuant to Code Section 20-2-152. (Code 1981, 20-2-270, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga.
L. 1990, p. 1972, 4.)

The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of
Code Section 20-2-272.

The 1990 amendment, effective July 1, 1990, added paragraph (6) of subsection (a) and made related stylistic changes.

(b) The service areas for the Georgia Learning Resources System and the Psycl:l.Oeducati?nal Network for severely

202271. Establishment areas.

of

service

emotlOnally dIsturbed students in place (a) The State Board of Education shall

June 30, 1987, shall be continued for fiscal establish the service area of each regional

124

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-272

educational service agency as a single geographical area that contains the entire area of several local school systems. To the extent feasible and practical, all such service areas shall be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and any other factors specified by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas.
(b) Each local board of education of a local school system which elects not to be a member of the regional educational service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually. (Code 1981, 20-2-271, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169,
l.)
20-2-272. Agency board of control; membership; powers and duties; planning boards.
(a) Each regional educational service agency shall be governed by a board of control. The number of members and terms of office shall be prescribed by the State Board of Education; provided, however, that at least one-third of the membership of each board of control shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of control shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member local school systems. The state board shall also prescribe an equal number of local board members from each member local school system to participate in said caucus.
(b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local

boards of education shall be applicable, when appropriate, to the regional educational service agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive. Each board of control shall submit an annual report and an annual
budget to the state board, in the manner prescribed by the state board, for review and approval.
(c) The State Board of Education shall be responsible for assuring that the activities of each regional educational service agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board.
The State School Superintendent shall report to the General Assembly, pursuant to subsection (d) of Code Section 20-2-282, the results of any comprehensive evaluations of regional educational service agen-
cies, the status of each such agency, and the progress each nonstandard agency has
made toward addressing identified deficiencies.
(d) Boards of control shall determine the
assistance needed by local school systems in the area served by each regional educational service agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the progress and cost effectiveness of such agencies by relating outputs
to dollar inputs. Boards of control shall determine the procedures and activities by which each regional educational service agency achieves locally established objectives and shall establish job descriptions, personnel qualifications, and work schedules consistent with locally established priorities and objectives.
(e) In the event the State Board of Education adopts a policy to reorganize the service areas of regional educational service agencies pursuant to subsection (a) of Code Section 20-2-271 effective July 1 of a fiscal year, members of boards of control during the preceding fiscal year shall constitute planning boards for the respective service areas to be established the ensuing July 1. Each planning board shall have the authority to establish the location or locations of the office or offices of its regional educational service agency effective the ensuing July 1, to issue contracts with a director and other agency staff to be

125

EDUCATION

employed effective the ensuing fiscal year, to assess the needs of all potential member l?cal school systems, to prepare operatIonal plans and budgets for the ensuing fisc.al year, to establish the manner by WhICh the local share of the budget will be assessed to potential member local school systems, and to make any other such decisions that the state board deems necessary for an orderly transition of service areas for regional educational service agencies. Such decisions shall be adopted by these planning boards prior to December 15 of the fiscal year preceding the effective date for reorganization of the service areas, in order that each local school system will have the information needed to make an informed decision relative to membership in its respective regional educational service area pursuant to subsection (b) of Code Section 20-2-271 on or before January 15 of that fiscal year. Any such planning board shall be authorized to amend, prior to April 15 of that fiscal year, any such decisions which are necessary as the result of the actions of the General Assembly during its regular session during that fiscal year. In the event a planning board has amended one or more decisions pursuant to this provision, each local school system within the service area of such planning board shall be authorized to reverse its decision relative to membership for the ensuing fiscal year prior to May 15 of that fiscal year, pursuant to procedures specified in subsection (b) of Code Section 20-2-271. (Code 1981, 20-2-272, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1.)
OPINIONS OF THE ATTORNEY GENERAL
Cooperative (now regional) educational service agencies are not county or independent boards of education. Rather they are service agencies designed to provide educational and support services and programs to a combined group of local school systems. 1981 Op. Att'y Gen. No. 81-52.
20-2-273. Agency directors and staff.
(a) Each board of control shall appoint and contract with a director who shall be the executive officer of the regional educational service agency. The director shall be responsible for the administration of programs and services approved by the board of control.
(b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide the instructional and support ser-

vices prescribed in Code Section 20-2-270. (Code 1981, 20-2-273, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169,
l.)
20-2-274. Financing agency expenses and programs.
(a) For fiscal year 1989, the State Board of Education shall grant, subject to appropriation by the General Assembly, the funds to continue the operations of regional educational service agencies in a manner similar to the preceding fiscal year, adjusted only to reflect changes in the salaries and operational costs similar to those made for local school systems under this article; further, in those instances that regional educational service agencies are designated as fiscal agents, the state board shall grant additional funds needed to provide instructional and support services to students eligible for the Psychoeducational Network and to provide services under the Georgia Learning Resources System to all local school systems contained in the respective service areas. Beginning fiscal year 1990 and thereafter, the state board shall be authorized to provide each regional educational service agency with a uniform state-wide needs program grant and a documented local needs program grant, subject to appropri~ tion by the General Assembly. The UnIform state-wide needs program grant shall consist of two components: the same fixed amount for each regional educational service agency; and an amount which reflects the number of local school systems, the number of schools, the number of students, and the number of square miles contained collectively within its member local school systems. Each regional educational service agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to onefourth of this grant. The uniform statewide needs grant and its matching local funds shall be used to finance the basic administrative overhead of the regional educational service agencies and to provide the areas of assistance specified in subsection (a) of Code Section 20-2-270. The amount of funds granted to each regional educational service agency for the documented local needs program grant shall depend upon the proportion that the number of local school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems are of these respective factors state wide, as

126

d

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-281

well as the adopted operational plan and the budget designed to address documented needs for assistance to member l?cal schoo~ systems. Each regional educational serVIce agency shall be required to match the documented local needs program grant with an amount of funds equal to two-thirds of that grant. Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of the uniform state-wide needs program and the documented local needs program; provided, however, that member local school systems shall not be allowed to use funds received under the provisions of this article for this rurpose. In the event a regional educationa service agency is designated as the fiscal agent for the Georgia Learning Resources System or for the Psychoeducational Network for severely emotionally disturbed students, the state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Resources System or Psychoeducational Network as respectively designated as the fiscal agent as well as the grants authorized previously by this subsection. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources.
(b) A regional educational service agency may not receive directly from the State Board of Education any state funds originally intended for or directed to a local school system by this article; provided, however, that, upon the official request of a local school system, the state board may send directly to a regional educational service agency any funds allocated to a local school system. All grants from the state along with the contributions from member local school systems and funds from other sources shall be budgeted by the board of control. (Code 1981, 20-2-274, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1988, p. 612, 13.)
PART 12
EFFECTIVENESS OF EDUCATIONAL
PROGRAMS
20-2-280. Long-term strategic plans.
The State Board of Education shall adopt a state-wide long-term strategic

plan which is reflective of the educationl;ll programs and services ~nd oth~r pubhc educational functions WhICh need Improvement state wide or in selected areas of the state and which contains the priorities and planned actions designed to address such needs. Each local school system shall develop and adopt a system-wide long-term strategic plan which is reflective of the priorities contained in the state-wide longterm strategic plan adopted by the state board and such needs for improving educational programs and services system wide or in specific schools as were identified through an in-depth self-study or an evaluation by the Department of Education pursuant to Code Section 20-2-282. Each long-term state and local strategic plan shall contain a description of assessed needs, a list of planned improvements of educational programs or services designed to address the assessed needs, a list of the goals for the programs or services to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an implementation timetable, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted and reviewed for approval. To the extent deemed reasonable and appropriate by the state board, this Code section shall apply to regional educational service agencies. (Code 1981, 20-2-280, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1.)
RESEARCH REFERENCES
ALR. - Validity of local or state denial of public school courses or activities to private or parochial school students, 43 ALR4th 776.
20-2-281. Assessment of effectiveness of educational programs.
(a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to assess the effectiveness of the educational programs of the state and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Curriculum-based assessments ofthe quality core curriculum and nationally normreferenced instruments in reading and mathematics shall be administered to students in grades three, five, eight, and 11. A

127

20-2-281

EDUCATION

cu.rr~ctUlumd-~ased assessment shall be ad- proportionally from minimal competency

mmls ere In grade 11 for graduation purposes. <?nly the curriculum-based assessments m grades three, five, and eight ~nd the eleventh grade norm-referenced m~trument ma~ ~e administered by matriX ~a;mple. WrItmg assessments shall be admIlll.stered to students in grades three five, eight, and 11. The writing assess~ ments shall provide students and their parents with performance outcome measures resulting from the administration of such tests. The curriculum-based assessments that the state board shall develop shall measure student performance relative to the uniformly sequenced core curriculum approved for grades three, five, eight, and 11 by the state board pursuant to Code Section 20-2-140. The curriculum-
based assessments shall place emphasis upon reading, writing, mathematics, science, and social studies. All such curricu-
lum-based assessments shall include process and application skills as assessed in a range of academic content, shall exceed minimum and essential skills by extending the assessments' range of difficulty, and shall emphasize higher order thinking

to higher level achievement competencies. This item bank shall be used to develop
assessments which reflect student achievement at the classroom, school, and system levels. One of the components in both the comprehensive evaluation pursuant to Code Section 20-2-282 and the awarding of salary supplements as part of a pay for performance or related plan pursuant to ~ode Section 20-2-213 or other Code sections under this article may be assessments of student achievement.
(c) The State Board of Education shall ~ave the authority to condition the promotion of a st~d~nt from one grade to the next or ~onditIon the awarding of a high school dlpl~ma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the
state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations
providing that any handicapped child, as defined by the provisions of this article,
shall be afforded opportunities to take any
test adopted by the state board as a

skills.

condition for the awarding of a high school

(b) The nationally normed assessments diploma. Said regulations shall further

provided for in subsection (a) of this Code provide for appropriate accommodations in

section shall provide students and their the administration of such test. Said regu-

parents with grade equivalencies and per- lations shall further provide for the award-

centile ranks which result from the admin- ing of a special education diploma to any

istration of such tests. Curriculum-based handicapped student who is lawfully as-

assessments provided for in subsection (a) signed to a special education program and

of this Code section shall provide for who does not achieve a passing score on

results that reflect student achievement at said test or who has not completed all of

the classroom, school, system, and state the requirements for a high school diploma

levels. The State Board of Education shall but who has nevertheless completed his or

participate in the National Assessment of her Individualized Education Program.

Educational Progress (NAEP). The results (d) Local school systems may not use

of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be
reported to the citizens of Georgia. Fur-
ther, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such as-
sessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151.
The state board shall develop, subject to appropriation by the General Assembly, a
comprehensive item bank which shall be r~presentative of grade levels three, five, eight, and 11 and content areas contained within the uniformly sequenced core cur-
riculum approved by the state board for
those grades pursuant to Code Section

state funds to purchase or administer assessments other than those specified in
subsection (a) of this Code section. However, local systems participating in state funded programs which require, in part or
whole, individual student assessment data to determine eligibility or evaluation of student success in such programs, or to meet mandated requirements under federally authorized funds allocated to state or
local systems or both, are authorized to expend a portion of the allocated state program funds for such testing purposes. (Code 1981, 20-2-281, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1991, p. 1543, 1.)

20-2-140; provided, however, that the

items reflecting each subject area at desig- The 1991 amendment, effective July 1, 1991,

nated grade levels shall range rewrote this Code section.

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ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-282

20-2-282. Comprehensive evaluation of publIc schools, local systems, and regional agencies; reports.
(a) (1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years, except as provided in subsection (e.1) of this Code section, concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units:
(A) The extent t6 which the strategic plan has been effectively implemented;
(B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented;
(C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria;
(D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics;
(E) The effectiveness of annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes;
(F) The accuracy of student count
procedures; (G) The accuracy of fiscal proce-
dures as they apply to implementing the state board prescribed program accounting systems and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations;
(H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and
(I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units. (2) Such comprehensive evaluations shall be conducted by certificated professional employees from other local units of administration, faculty members of colleges and universities, and citizens residing within the respective local

units. The number and role of such individuals shall be prescribed by the state board; provided, however, that
such individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations by the Department of Education.
(3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide
assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request. (b) The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Education.

129

20-2-282

EDUCATION

(~) The desIgnate

Sputbaltei~Bsochaordolso,f

Education shall local school sys-

tems, . and ~egIOnal educational service

agencIe~ WhICh rec~ive satisfactory com-

pre~enslVe eval~atIons pursuant to sub-

sectIOn (a) of thIs Code section as "stan-

dard." The state board shall award certifi-

cates of acknowledgment. for superior per-

formance to all such umts WhICh receive

superior comprehensive evaluations rela-

tive to units having comparable student

bodies, shall provide such units, excluding

the regional educational service agencies,

with grants appropriated by the General

Assembly for this purpose pursuant to the

student, expenditures by program, and public school and local school system per-
centages of federal, state, and local funding, and aggregate and average salary information; faculty, administration, and employees, which may include faculty and administrator qualifications, assignments, experience, and certification; and curriculum and program offerings, which may include information on enrollment in grades, grade levels, courses, schools, and programs. The state board shall publish the profiles in such a manner as to facilitate comparisons between demographically similar public schools and local

provisions for incentive awards in Code school systems. The first profiles shall be

Section 20-2-253, and shall designate such published no later than December 31,

units as "exemplary." The state board 1989, and annually thereafter subject to shall designate all such units which re- appropriation by the General ~sembly for

ceive unsatisfactory comprehensive evalu- this purpose. Data used in the profiles

ations relative to comparable units as shall be collected through the state-wide

"nonstandard." The state board shall adopt comprehensive educational information

such criteria as necessary to determine the network established pursuant to Code Sec-

status of each unit under the comprehen- tion 20-2-320; provided, however, that

sive evaluation process.

prior to completion of the network the

(d) Each local school system shall annu- state board shall have the authority to

ally inform the citizens residing within its specify data items which are to be collected

area and the State Superintendent of by other means. The state board shall

Schools concerning the collective achieve- ensure that this information is as accurate

ment of enrolled students by school and as possible. The task force subcommittee

system, costs of providing educational pro- shall recommend data which are, at mini-

grams and services by system, and such mum, to be included in the profiles prior to

other items as deemed necessary by the completion of the network. In no event

State Board of Education in the manner shall the state board require data to be

prescribed by the state board. The state collected for the sole purpose of the profiles

board shall publish annual profiles of all created under this Code section prior to

public schools and local school systems in the completion of the state-wide compre-

the state. A subcommittee of the task force hensive educational information network.

established pursuant to subsection (a) of The State School Superintendent shall

Code Section 20-2-320 made up of six also produce a state profile which shall be

members, one each representing the Gov- a summary of the local school system

ernor's office, the House Research Office, profiles and a comparison of demographi-

the Senate Research Office, the Office of cally similar public schools and local

Planning and Budget, local school sys- school systems. All profiles shall be kept at

tems, and the Department of Education, the Department of Education and shall be

shall recommend information to be in- available for public inspection during reg-

cluded in the profiles. Such recommenda- ular business hours. Copies of the profiles

tions shall be submitted by the task force or portions thereof shall be made available

to the state board. Profiles shall include, by the Department of Education to the

but shall not be limited to, information on: public on request, subject to payment of an

student achievement, which may include appropriate fee to cover the expense of

information related to test results, failure publishing and distributing the profiles.

rates, and achievement of special honors or The state board shall provide free of

awards; student outcomes, which may in- charge to each local school system and

clude dropout rates and numbers, postsec- each public school within the system a

ondary enrollment rates, and participation current copy of the state profile and the

in developmental studies programs; demo- system's profile, including all school pro-

graphic factors in the student body, public files within that system. A complete cur-

school, and local school system, which may rent set of the state profile and all school

include socioeconomic or other afpropriate and system profiles shall be provided by

demographic variables; financia and bud- the state board free of charge to each

get statistics, which may include costs per public library in the state, to the office of

130

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-283

the Governor, and to the House and Senate research offices. Each local school system shall maintain a current copy of its system profile in the central office and in each school for public inspection and shall provide a copy of the profile to all news media organizations which publish or broadcast
within its area. Each local school system shall also. make copies of its school and
system profiles available to the public on request, subject to payment of a fee similar to that charged by the Department of Education. Each public library shall make available for public inspection current copies of all school and system profiles.
(e) The State Board of Education shall report to the education committees of the House of Representatives and the Senate on a semiannual basis as to the progress
made on the implementation of this article. The reports by the state board shall include any justification for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which it anticipates will be requested through the appropriations process for
local school systems to meet the intent of the General Assembly. The state board shall not include in any plan submitted to a federal agency any provision which commits future state funds beyond that which
it normally receives annually through the Appropriations Act unless such plan also
contains a provision which states that such initial and continuing commitment is contingent upon such funds being appropriated by the General Assembly.
(e.1) The state board shall, subject to
the requirements of subparagraph (a)(l)(D) of this Code section, establish criteria for determining whether local schools significantly exceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 25 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and designated "high-achieving schools." Schools designated as highachieving schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(1)(B), (a)(1)(C), or (a)(l)(I) of this Code section, as
long as the school maintains the designation "high-achieving school." Schools and school districts which have had a stan-

dards review within the last four years will continue on the five-year cycle as mandated by law.
(f) The State Board of Education shall prescribe such policies, procedures, and instruments as are deemed necessary for the effective implementation of this Code section. Further, the state board shall revise state standards to the extent necessary to be consistent with this article. State standards shall be evaluated in terms of level of compliance or quality. (Code 1981, 20-2-282, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1988, p. 1848, 1, 2; Ga. L. 1991, p. 1630, 4, 5.)
The 1991 amendment, effective July 1, 1991, inserted ", except as provided in subsection (e.l) of this Code section," near the end of the introductory language in paragraph (1) of subsection (a), substituted "fiscal procedures as they apply to implementing the state board prescribed program accounting systems" for "fiscal procedures, particularly as they apply to implementing the state board prescribed accounting system" in subparagraph (a)(l)(G), and added subsection (e.1).
Code Commission notes. - Pursuant to 28-9-5, in 1988, "systems" was substituted for "sytems" in the sixth sentence of subsection (d).
Pursuant to 28-9-5, in 1989, "office" was substituted for "Office" in the fourth sentence from the end of subsection (d).
Pursuant to 28-9-5, in 1991, commas were deleted following "collected" and "section" in the eleventh sentence of subsection (d), and "subparagraph" was substituted for "subparagraphs" near the end of subsection (e.1).
20-2-283. Corrective plans for nonstandard units and schools; review and evaluation.
(a) Each local unit of administration which is designated to be nonstandard or which operates one or more public schools so designated shall be required to submit to the State Board of Education for its approval a corrective plan designed to address all deficiencies identified pursuant to Code Section 20-2-282. Such a corrective plan shall include a description of the actions to be taken to correct each deficiency, a designation of the resources which will be applied to these actions, the date on which each action shall be initiated and completed, the evaluation procedures to be used to assess progress, the technical assistance needed to execute the corrective plan and anticipated sources of such assistance, and such other items deemed necessary by the state board for an effective corrective plan. It shall be the duty of regional educational service agen-

131

20-2-290

EDUCATION

des to supply member local school systems and the Department of Education to supply to all local units of administration such technical assistance that they may need
and request concerning the development and implementation of these corrective plans.
(b) The State Board of Education shall review at least once every six months the progress of each nonstandard local unit of administration in implementing its state board approved corrective plan. Such a review shall continue until the corrective plan has been fully implemented or the local unit has been redesignated by the state board as a standard or exemplary unit.
(c) The State Board of Education shall conduct a comprehensive evaluation pur-
suant to Code Section 20-2-282 of each local unit of administration which is designated by the state board as nonstandard.
This evaluation shall be conducted within two years after the state board has approved its corrective plan.
(d) In the event the State Board of Education finds that any local unit of administration is making unsatisfactory progress relative to development or implementation of a corrective plan pursuant to this Code section, the state board shall be authorized to take one or a combination of
the following actions: (1) Increase the local fair share of a
local school system pursuant to Code Section 20-2-164 or the local share of a regional educational service agency pur-
suant to Code Section 20-2-274 by an amount deemed necessary by the state
board to finance all resources and actions needed to correct identified deficiencies. Such an amount of increased local funds shall be offset by a decrease in state funds in the same amount;
(2) Require that a local unit of administration raise from local revenue sources an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of local revenue shall be in excess of any local funds required to be raised by the local unit of administration under other provisions of this article. If such additional local revenue is not raised by the local unit of administration by a state board specified date, the state board shall have the authority to withhold state funds in accordance with Code Section 20-2-243; or
(3) File a civil action in the superior court of the county wherein a local

school system or regional educational service agency office is located, requesting a determination of whether any member of the local board of education or the local school superintendent or any member of the regional educational service agency board of control or regional educational service agency director has by action or inaction prevented or delayed implementation of the corrective plan. If the court finds that any such official has prevented or delayed implementation intentionally, the court may issue an order requiring the official or officials to implement the corrective plan. The court shall have the power to appoint a trustee to ensure the order of the court is carried out. Any expenses or costs incurred by the trustee in carrying out duties assigned by the court shall be paid from funds otherwise used to pay for expenses incurred by board members. If the court finds that any such official is violating the order of the court, the court may remove the official and appoint a replacement until the vacancy can be filled as provided by law. The court shall have such powers as are necessary to carry out the provisions of this subsection. (Code 1981, 20-2-283, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1.)
Code Commission notes. - Pursuant to 28-9-5, in 1987, in subsection (d), "regional education service authority" was substituted for "REBA" once in paragraph (1) and three times in the first E:entence of paragraph (3) and "or" was deleted at the end of paragraph (1).
PART 13
ORGANIZATION OF SCHOOLS AND SYSTEMS
20-2-290. Organization of schools.
The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants to local school systems that operate middle school programs in middle schools which meet the criteria and standards prescribed by the state board, subject to appropriation by the General Assembly. The amount of such grants shall be an additional 13 percent of all funds calculated for the Quality Basic Education Formula provided in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in

132

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-291

the full-time equivalent count for the

middle grades program in state board

approved middle school programs. Local

school systems which have organized their

schools in such a manner that facilities

house grades six, seven, and eight or

grades seven and eight shall qualify for

middle school grants for students in grade

levels so housed; provided, however, that

each qualified middle school must provide

each interdisciplinary team of academic

teachers with common planning time of at

least 85 minutes during the student in-

structional day and provided, further, that

they meet all other criteria and standards

prescribed by the state board. State board

criteria and standards for middle school

program eligibility for grants made pursu-

ant to this Code section must provide that

local school systems may include instruc-

tion in foreign language as an option for

students who have scored at or above the

sixtieth percentile on a nationally normed

test of reading achievement administered

within the previous or current school year

as one of the language arts which are

required to meet the eligibility require-

ments for such grants. A school which

houses grades other than six, seven, or

eight shall only be eligible if it has a full-

time principal for grades seven and eight

or six, seven, and eight and another full-

time principal for grades above or below

the middle school grades; provided, how-

ever, that such schools also meet all other

provisions of this Code section. Schools

with students in the sixth grade shall not

be el~gible for the middle school grants if

the sIxth grades are not housed in middle

schools which also contain both grades

seven and eight. Further, two or more

adjacent local school systems shall qualify

for middle school grants if through their

contractual arrangement they jointly meet

the requirements of this Code section and

the criteria and standards prescribed by

the state board. If a local school system has

a combination of qualified and nonquali-

fied schools, it shall receive the middle

school grant only for those students

counted in the full-time equivalent count

for the middle grades program in qualified

middle schools. (Code 1981, 20-2-290,

enacted by Ga. L. 1985, p. 1657, 1; Ga. L.

1987, p. 1169, 1; Ga. L. 1990, p. 892, l'

Ga. L. 1991, p. 94, 20.)

,

The 1990 amendment, effective July 1, 1990, added the fifth sentence.
The 1991 amendment, effective March 14, 1991, part of an Act to correct errors and omissions in the Code, revised language in this Code section.

20-2-291. Financing construction of facilities for voluntary consoli-
dation.

(a) In the event a local school system is

voluntarily merged with one or more ad-

joining local school systems under the

provisions of Code Section 20-2-60 or Code

Sections 20-2-370 through 20-2-372, all

local school systems which are party to

such voluntary merger shall not be re-

quired to finance any portion of the costs

for new construction or renovation of exist-

ing facilities qualified under Code Section

20-2-260 that are needed to effectuate the

merger of the school systems, subject to

appropriation by the General Assembly.

(b) In the event two or more local school

systems voluntarily consolidate two or

more elementary, middle, or high schools

into a single school which meets or exceeds

the base sizes specified in subsection (c) of

this Code section or 100 percent of the

student population for the respective

school level from all local school systems

which are party to the consolidation will

attend such school, all local school systems

involved in such consolidation shall not be

required to finance any portion of the costs

of new construction or renovation of exist-

ing facilities qualified under Code Section

20-2-260 that are needed to effectuate such

school consolidation.

.

(c) As used in this subsection, the term:

(1) "Base size for a middle school" is

defined as the base size specified in Code

Section 20-2-181 for the middle grades

program.

(2) "Base size for a high school" is

defined as the base size specified in Code

Section 20-2-181 for the high school

general education program.

(3) "Base size for an elementary

school" is defined as the base size speci-

fied in Code Section 20-2-181 for the

primary grades program.

(4) "Elementary school" is defined as

a school which contains any grade below

grade four and does not contain any

grade above grade eight.

(5) "High school" is defined as a

school which contains any grade above

grade eight.

(6) "Middle school" is defined as a

school which contains no grade below

grade four and no grade above grade

eight.

(7) "Quality Basic Education organi-

zational pattern" is defined as a K-5,

6-8, 9-12 organizational pattern of

school levels or any other pattern which

is congruous with this pattern.

133

20-2-292

EDUCATION

(8) "School level" is defined as a grade range which is consistent with paragraph (4), (5), or (6) of this subsection.
In the event a local school system consolidates an elementary, a middle, or a high school which is smaller than the specified base size for that respective school with one or more other schools of the same
school level within the same local school system, resulting in the consolidated school or schools being at least as large as the respective base size and organizational pattern consistent with the Quality Basic
Education organizational pattern or containing all the students within the local school system for the respective school level: the local school system shall be required to finance one-half the costs that
the local school system would otherwise be required to finance under the provisions of Code Section 20-2-260 for any new construction or any renovation of existing facilities needed to effectuate such consolidation of schools.
(d) All benefits to local school systems as provided under this Code section shall be conditioned upon the following:
(1) No student shall be expected or required to travel a greater time than the maximum travel time prescribed by the State Board of Education to attend a school unless the state board explicitly authorizes an exemption based upon the greater good for all students which will result from such local school system merger or school consolidation; and
(2) In the event of such local school system merger or school consolidation, all instructional facilities will be utilized for public educational purposes to the extent feasible and practical. (e) All benefits to local school systems as provided under subsections (a) and (b) of this Code section shall be conditioned upon the following:
(1) The local boards of education which are potential parties to a merger of local school systems or a consolidation of schools have approved resolutions requesting the State Board of Education to conduct a feasibility study;
(2) The state board has conducted a feasibility study;
(3) The local boards of education which are to be parties to a merger of local school systems or a consolidation of a school or schools have approved the recommendations of the feasibility study;
(4) The voters of the affected local school systems, if appropriate, have ap-

proved the merger of the local school systems; and
(5) The state board has approved the recommendations of the feasibility study. (Code 1981, 20-2-291, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1.)
OPINIONS OF THE ATTORNEY GENERAL
Eligibility for facilities funding. - A local board of education which voluntarily consolidates two high schools, thereby obtaining a number of full-time students of 485 or more but less than 970 students, and which complies with the capital outlay requirements of 20-2-260 is eligible for .facilities funding under subsection (b) of this section if the new high school will serve more than 485 full-time equivalent students. 1986 Op. Att'y Gen. No. U86-37.
20-2-292. Sparsity grants.
(a) The State Board of Education shall provide sparsity grants to qualified local school systems beyond those funds to which they otherwise are entitled by the provisions of this article and other statutes, subject to appropriation by the General Assembly. To qualify for a sparsity grant, a local school system shall meet the following conditions:
(1) The local school system is unable to offer its students or a portion of its students educational programs and services comparable to those which are typically being offered to students in this state under provisions of this article with the funds provided for this purpose; and
(2) The inability to offer students comparable programs and services is attributable, at least in part, to the fact that the local school system has fulltime equivalent counts less than base sizes specified pursuant to Code Section 20-2-181 or the affected school or schools have full-time equivalent counts less than the base sizes referenced pursuant to Code Section 20-2-181; and
(3) The state board has found, based upon a study it has completed within the past five years, that merger of local school systems or the consolidation of schools pursuant to Code Section 20-2-291, whichever applies to the specific situation, is unfeasible because consolidation of schools would result in a proportion of students whose travel time to such schools would be in excess of the state board prescribed criteria concerning travel time to and from assigned schools; or

134

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-293

(4) The state board has concluded based upon a study pursuant to subsection (e) of Code Section 20-2-291, that merger of local school systems and the resulting consolidation of schools is feasible and the local school system has met the state board prescribed criteria concerning efforts to effectuate such a merger of the local school systems, but
officials or voters of the other local school system or systems party to such merger efforts have rejected the pro-
posed merger; or (5) The adjoining local school system
or systems have refused to participate in a study pursuant to subsection (e) of Code Section 20-2-291 to determine the feasibility of a merger; or
(6) The state board has concluded that
the local school system would still be unable to offer comparable educational programs and services to its students or a portion of its students even if the local school systems were merged or if schools were consolidated, since the resulting schools would still be smaller than the sizes specified pursuant to subsection (c) of Code Section 20-2-291. (b) The State Board of Education shall
conduct a sparsity grant needs study for each local school system meeting the conditions set forth in subsection (a) of this
Code section. The needs study shall include at least the following:
(1) The identification of all instructional, administrative, and support service resources essential to the provision of educational programs and services to all students in a manner comparable to
those educational programs and services which are typically offered to students in this state under the provisions of this article with the funds provided for this purpose;
(2) The identification of resources which will actually be provided under the provisions of this article; and
(3) The assignment of cost to all such resources which are identified as needed under paragraph (1) of this subsection but not identified as being provided under paragraph (2) of this subsection. The sparsity grant to an eligible local school system shall be equal to the total cost assigned to resources needed but not being provided pursuant to paragraph (3) of this subsection, adjusted annually to reflect changes in the salaries and operational costs similar to those changes made under the provisions of this article. (c) Once a local school system receives a sparsity grant under the provisions of this

Code section, it shall continue to be eligible for such grant; provided, however, that it meets the following conditions:
(1) It continues to meet the conditions of subsection (a) of this Code section;
(2) A feasibility study pursuant to subsection (e) of Code Section 20-2-291 concerning the merger of school systems has been done within the past five years by the State Board of Education if the local school system has a full-time equivalent count less than the base size specified pursuant to Code Section 20-2-181 or the potential party local school system or systems have refused to participate in such a feasibility study or have refused to adopt its recommendations; and
(3) A sparsity grant needs study pursuant to subsection (b) of this Code section has been done within the past five years. (Code 1981, 20-2-292, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1; Ga. L. 1988, p. 612, 14; Ga. L. 1989, p. 1228, 1, 2.)
Code Commission notes. - Pursuant to 28-9-5, in 1987 "full-time equivalent" was substituted for "FTE" twice in paragraph (2) of subsection (a) and once in paragraph (2) of subsection (c).
Editor's notes. - Section 3(b) of Ga. L. 1989, p. 1228, not codified by the General Assembly, provides: "Section 2 of this Act [former subsection (d)] shall become effective on July 1, 1989, but shall stand repealed in its entirety on July 1, 1990."
RESEARCH REFERENCES
ALR. - Liability for injury to martial arts participant, 47 ALR4th 403.
20-2-293. Student attending school in system other than system of student's residence.
(a) The provisions of this article and other statutes to the contrary notwithstanding, the State Board of Education is authorized to provide a procedure whereby a student shall, for such compelling reasons and circumstances as may be specified by the state board, be permitted to attend and to be included as an enrolled student in the public schools of a local unit of administration other than the local unit of administration wherein the student resides for the purpose of allotting state funds under this article, notwithstanding absence of an agreement between the two local units and a refusal by the board of education of the local unit wherein the student resides to approve voluntarily such transfer of the student to the public

135

20-2-300

EDUCATION

schools of the other local unit; provided,

however, that the board of education of the

local unit is willing to receive and to

permit such student to enroll in and to

attend the public schools of such local unit.

The state board regulations, and

shall adopt such policies as may be

nreucleess~

sary for implementation of this Code sec-

tion. Grant or refusal of permission for

students to attend such schools, for the

purpose of permitting state funds to follow

such s.tudents, shall be entirely discretion-

ary With the state board and shall, in the

absence of a clear abuse of discretion by

the state board, be final and conclusive.

L,?cal units of administration may contract

With each other for the care, education

and transportation of students and fo;

such other activities as they may be autho-

rized by law to perform.

(b) Notwithstanding the provisions of

subsection (a) of this Code section or any

other general law, and except as provided

by the General Assembly by local law, a

student shall be allowed to attend and be

enroll~d in the school in which a parent or

guardian of such student is a full-time

teacher, professional, or other employee

notwithstanding the fact that such schooi

is not located in the local unit of adminis-

tration in which such student resides.

Each school system of this state' shall

p~o.vide proce~ures to implement the pro-

VISIOns of thIS subsection. (Code 1981

20-2-305, enacted by Ga. L. 1985, p:

1657, 1; Code 1981, 20-2-293, as redes-

ignated by Ga. L. 1987, p. 1169, 1; Ga. L.

1989, p. 925, 1; Ga. L. 1992, p. 2103

1.)

,

The 1992 amendment, effective July 1, 1992, in

t~e first sentence of subsection (b), inserted ", profes-

sIOnal, or other employee".

Editor's notes. - Ga. L. 1987, p. 1169 1

effective July 1, 1987, redesignated as this Code

asmecetniodnedfo, rmtraernsCfoedrereSd~ctainodn

20-2-305.

See the editor's notes under the Article 6 heading

for information as to the repeal of the former Code

section.

PART 14
OTHER EDUCATIONAL PROGRAMS

Editor's notes. - Ga. L. 1987, p. 1169 1 effective July 1, 1987, amended and in effect trans: ferred and redesignated the provisions of this part as indicated in the table below:

Former Code Section
20-2-300(a)
(b)

Present Code Section
20-2-300 20-2-302

Former Code Section
(c)
(d)
(e)
(0 (g)
(h)
(i)
20-2-301 20-2-302 20-2-303 20-2-304 20-2-305 20-2-306 20-2-307 20-2-308

Present Code Section
20-2-303 20-2-304 20-2-311 20-2-305 20-2-306(a) 20-2-306(b) 20-2-307 20-2-301 20-2-310(a) 20-2-310(b) 20-2-310(c) 20-2-293 20-2-320 20-2-322 20-2-321

20-2-300. Implementation and funding authorized.
The State Board of Education shall have authority to provide for implementation of othe.r edu?at~onal programs not ordinarily commg wlthm the prescribed curricula of the l?ublic schools which mayor may not reqUire use by local units of administration of additional specially qualified per~onnel and special equipment necessitatmg allotment of additional funds. The ~t~te board is authorized to establish priorItI~S, standards, ~nd criteria for implementatIOn and operatIOn of such programs as it may find necessary or desirable to implement on a state-wide basis. Local units of administration may, prior to implementa~ion of such programs by the state board, Implement such programs locally in accordance with criteria and standards prescribed by the state board. The state board shall, prior to implementation of such programs, establish a uniform basis for allotm~nt of additional funds necessary for operatIOn of such programs, provided the General Assembly has appropriated funds for this purpose. (Code 1981, 20-2-300, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1.)

Editor's notes. - See the note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.
G~. L. 1987, p. 575, 1, effective July 1, 1987, provIded for the repeal of subsection (e) of this Code section as it existed prior to the amendment of this Code section by Ga. L. 1987, p. 1169, 1 and for the enactment of a new Code Section 20-2-311 with provisions similar to those in former subsection (e) of this Code section. That latter Act in effect would have redesignated subsection (e) of this Code section as Code Section 20-2-305. Both Acts were given effect as redesignating former subsection (e) of this Code section as Code Section 20-2-311. Code Section 20-2-311 was repealed in 1988.

136

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-304

Cross references. - Establishment of special schools, Ga. Const. 1983, Art. VIII, Sec. V, Para. VII.
Powers and duties of State Board of Education as to public libraries, 20-5-1 through 20-5-4. Certifica-
tion of librarians, T. 43, Ch. 24.
20-2-301. Coordinating Committee for Exceptional Individuals.
The State Board of Education shall be empowered to form the Coordinating Committee for Exceptional Individuals which shall consist of a representative of the Governor's office, no fewer than three representatives of the Department of Education, no fewer than three representatives of the Department of Human Resources, and no fewer than three representatives of the Department of Corrections. At least one of each department's representatives shall be from the upper levels of management, and all representatives shall be designated by their respective department heads. The committee shall be provided a full-time staff of one professional staff member from the Department of Education and one professional staff member from the Department of Human Resources. The committee shall report annually to the Governor and the General Assembly concerning issues addressed and the progress which results. The issues which shall be addressed by the committee shall include, but shall not be limited to, clear delineation of responsibility regarding services to handicapped individuals, clear delineation of referral and coordination processes, and resolution of how such understandings shall apply in specific instances, particularly when such resolution involves a conflict at the institutional and local unit of administration level. (Code 1981, 20-2-301, enacted by Ga. L. 1985, p. 1657, 1; Ga. L. 1987, p. 1169, 1.)

redesignation of the former provisions of this Code section.
20-2-303. Educational television.
(a) The State Board of Education shall annually determine the cost of public school educational television programming, including the state-wide cost of production and purchase of videotapes and other materials. Such costs shall be paid entirely from state funds, subject to appropriation by the General Assembly.
(b) The state board shall develop a comprehensive plan for carrying out the public school educational purposes of this Code section. Such plan shall include, but not be limited to, reviewing the utilization of educational television for instructional purposes, the purchase and construction of facilities or equipment, and improvements in the effectiveness of instruction through telecommunications.
(c) Notwithstanding any other Code section to the contrary, the State Board of Education may delegate the authority and duties found in subsections (a) and (b) of this Code section and any other authority and duties concerning educational television to the Georgia Public Telecommunications Commission, and the commission may contract for the purposes of subsections (a) and (b) of this Code section with public telecommunications facilities owned by an independent school system prior to 1960. (Code 1981, 20-2-300, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-303, as redesignated by Ga. L. 1987, p. 1169, 1.)
Editor's notes. - See the note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.

20-2-302. Funds for operation of schools for deaf and blind.
The State Board of Education shall annually determine the amount of funds needed for operation of the state schools for the deaf and blind. Such funds appropriated by the General Assembly shall be made available for the operation of these schools under rules and regulations prescribed by the state board. (Code 1981, 20-2-300, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-302, as redesignated by Ga. L. 1987, p. 1169, 1.)
Editor's notes. - See the note under this heading at the beginning of this part for information as to the

20-2-304. Environmental education, recycling, and composting awareness.
(a) The Department of Education shall develop curriculum materials and resource guides for an environmental education, recycling, and composting awareness program for kindergarten through grade 12. The purpose of such program shall be to instill in students an appreciation for the environment and their place within the environment.
(b) The department shall compile and disseminate to interested persons information on successful environmental programs in this state and elsewhere in the country. The department shall include environmen-

137

20-2-305

EDUCATION

tal education and recycling and composting awareness programs as a part of the in-service training and staff development programs for schools, school systems, and regional educational service agencies. (Code 1981, 20-2-304, as enacted by Ga. L. 1992, p. 2331, 1.)
Effective date. - This Code section became effective July 1, 1992.
Editor's notes. - Former Code Section 20-2-304 was based on Ga. L. 1985, p. 1657, 1, and Ga. L. 1987, p. 1169, 1. For present provisions concerning adult education, see 20-4-10 et seq.
See the note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.

federal funds allotted to this state for public libraries.
(e) The State Board of Education shall adopt policies and regulations to implement this Code section. (Code 1981, 20-2-300, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-305, as redesignated by Ga. L. 1987, p. 1169, 1.)
Editor's notes. - See the note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.
20-2-306. Honors program; residential high school program.

20-2-305. County and regional libraries.
(a) The State Board of Education shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librarians, capital outlay for public library construction, and maintenance and operation. The amount for library books and materials shall be not less than 35 per person. Funds for the purpose of paying the salaries of librarians allotted shall be in accordance with regulations established by the state board and the state minimum salary schedule for certificated professional personnel. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library requirements prescribed by the state board. All such funds shall be distributed directly to the regional or county library boards.
(b) The State Board of Education shall make adequate provisions for staff, supplies, services, and facilities to operate and maintain special media equipment to meet the library needs of the blind and handicapped citizens of this state.
(c) The State Board of Education shall provide the staff, materials, equipment, and supplies to provide a book-lending and information service to all county and regional public libraries in the state and to coordinate interlibrary cooperation and interchange of materials and information among all types of libraries.
(d) The State Board of Education is authorized as the sole agency to receive

(a) The State Board of Education is authorized to inaugurate an honors program for students in the public and private
high schools of this state who have manifested exceptional abilities or unique po-
tentials or who have made exceptional academic achievements. This program shall be conducted during summer months
between normal school-year terms at institutions of higher learning or other appropriate centers within this state with facili-
ties adequate to provide challenging opportunities for advanced study and accom-
plishments by such students. The student honors program shall be implemented and operated in accordance with criteria estab-
lished by the state board, and operating costs shall be paid by the state board from funds made available for this purpose by
the General Assembly. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia for operating and sharing the costs of such pro-
grams. (b) The State Board of Education is
authorized to inaugurate and operate a
residential high school program for highly
gifted and talented youth of this state. This residential high school program shall
consist only of students in the eleventh and twelfth grades. Enrollment shall be by student application and on a voluntary
basis; provided, however, that the parent or legal guardian of each student must have signed an agreement authorizing
enrollment in this program. This program shall be operated during the normal school year for a minimum of 180 days, in cooper-
ation with one or more of the state universities or colleges from funds provided by
the General Assembly. The state board is authorized to enter into cooperative agree-
ments with the Board of Regents of the University System of Georgia concerning

138

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-311

the operation and sharing of costs of this program. The state board shall prescribe policy, regulations, standards, and criteria as needed for the effective operation of this program. (Code 1981, 20-2-300, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-306, as redesignated by Ga. L. 1987, p. 1169, 1.)
Editor's notes. - See the note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.
20-2-307. Youth camps; food-processing and young farmers programs.
The State Board of Education shall have authority to provide for the operation of youth camps, food-processing programs, and young farmer programs. The state board shall annually determine the amount of funds needed to provide the programs described in this subsection and shall annually request from the General Assembly such appropriations as are needed. (Code 1981, 20-2-300, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-307, as redesignated by Ga. L. 1987, p. 1169, 1.)
Editor's notes. - See the note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.
20-2-308. Reserved.
Editor's notes. - Ga. L. 1987, p. 1169, 1, effective July 1, 1987, in effect redesignated the former provisions of this Code section, concerning maintenance of records on instructional programs and grants, as Code Section 20-2-321.
20-2-309. Reserved.

and student directory information on at least the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military.
(b) Each student in the public schools of this state, upon attaining the age of 18 years, shall be apprised of his or her right to register as an elector and to vote in elections and of any obligation to register with the Selective Service System. The State Board of Education shall promulgate rules and regulations to carry out this Code section. An excused absence of a student to register or vote, at the discretion of the local unit of administration, shall not exceed one school day.
(c) Each student in the public schools of this state shall be afforded the opportunity to recite the Pledge of Allegiance to the flag of the United States of America during each school day. It shall be the duty of each local board of education to establish a policy setting the time and manner for recitation of the Pledge of Allegiance. Such policy shall be established in writing and shall be distributed to each teacher within the school. (Code 1981, 20-2-302 20-2-304, as enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-310, as redesignated by Ga. L. 1987, p. 1169, 1.)
Editor's notes. - See the editor's notes under the Article 6 heading for information as to the repeal of the former Code section.
20-2-311. State Board of Postsecondary Vocational Education.
Repealed by Ga. L. 1988, p. 1252, 1, effective July 1, 1988.

Editor's notes. - Ga. L. 1987, p. 1169, 1, effective July 1, 1987, in effect reserved this Code section designation for future enactment of provisions of this part.
20-2-310. Student directory information; registering to vote and with selective service; pledge of allegiance.
(a) Any public school at the secondary level which provides access to the campus or to student directory information to persons or groups which make students aware of occupational or educational options shall provide access to the campus

Editor's notes. - This Code section was based on Ga.L. 1985,p. 1657, 1;Ga.L. 1987,p. 575, 2; and Ga. L. 1987, p. 1169, 1.
PART 15
MISCELLANEOUS PROVISIONS
Editor's notes. - Ga. L. 1987, p. 1169, 1, effective July 1, 1987, in effect created this part by transferring and redesignating former Code Sections 20-2-306, 20-2-307 and 20-2-308 as Code Sections 20-2-320,20-2-321 and 20-2-322, respectively. See the editor's notes at the beginning of Part 14 of this article.

139



20-2-320

EDUCATION

20-2-320. Quality Basic Education Pro- postsecondary vocational-technical schools

gram task force; state-wide of the state. The task force shall adopt a

comprehensive educational statement recommending the specific data

information network.

to be included and recommending those

(a) The Governor shall appoint a task force composed of representatives from the Department of Education, the Department of Technical and Adult Education, the office of the Governor, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, local school systems, the Professional Standards Commission, the House Research Office, the Senate Research Of-
fice, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Pro-
gram on a fiscally sound basis and the data required to evaluate the effectiveness of the various components of public education in Georgia. The task force is directed to identify any other data which will be required from local units of administration, public libraries, and area postsecondary vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network which will provide for the accurate and timely flow of information from these agencies to the state. The State Board of Education shall adopt an operational plan and data specifications for the network. Data shall in-

elements of the individual student record which are to be normally stored at the state, local unit of administration, or school level. Specifications for adequate security of student data shall be recom-
mended by the task force, and the State Board of Education and the State Board of Technical and Adult Education shall adopt and maintain systems of adequate security for individual student information. No student shall be identifiable by name in that portion of the record stored at the state level, and any identification number
shall be encoded to prevent unauthorized use of a student's information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files.
(c) For the purpose of this article, autho-
rized educational agencies shall be the Department of Education; the Professional Standards Commission; the Board of Re-
gents of the University System of Georgia; the Department of Technical and Adult Education; and the educational policy and research components of the office of the Governor, the Office of Planning and Budget, the Legislative Budget Office, the House Research Office, and the Senate

clude, at minimum, items specifically Research Office. Any information collected

identified for profiles required pursuant to subsection (d) of Code Section 20-2-282. The task force shall adopt a statement recommending data which would, at minimum, be regularly collected for storage at
the state network host facility and data

over the state-wide comprehensive educational information network, including in-
dividual student record and individual personnel record information retrieved by the Department of Education or Department of Technical and Adult Education,

which would be stored at local units of shall be accessible by authorized educa-

administration or at public schools. Data tional agencies, provided that any infor-

which are not normally stored by the mation which is planned for collection over

network host shall be maintained in a the network but which is temporarily

manner which can be readily transmitted being collected by other means shall also

by electronic medium upon request from be accessible by authorized educational

authorized educational agencies. The task agencies and provided, further, that ade-

force shall adopt a statement recommend- quate security provisions are employed to

ing the frequency by which each data protect the privacy of individuals. In no

component is transmitted. Such data shall case shall information be released by an

be transmitted by electronic medium no authorized educational agency which

later than the completion date of the would violate the privacy rights of any

network as provided in subsection (f) of individual student or employee. The task

this Code section.

force shall develop and adopt recommenda-

(b) The State Board of Education shall tions for procedures by which live data

develop and maintain an individual data files resident on the network host shall be

record for each student enrolled in the copied to other files and regularly updated

public schools of the state. The State Board for use by authorized educational agencies.

of Technical and Adult Education shall The Department of Education and the

develop and maintain an individual data Department of Technical and Adult Edu-

record for each student enrolled in the cation shall adopt and implement proce-

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ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-320

dures and schedules for updating such user files and shall provide warning labels where necessary to indicate data which are incomplete or unverified for accuracy. The Department of Education and the Department of Technical and Adult Education shall adopt monitoring, editing, and veri-
fying mechanisms necessary to assure the accuracy and completeness of data. Any information collected over the state-wide comprehensive educational information network which is not stored in an individ-
ual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations and Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel
record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies.
(d) The task force shall further develop specifications for hardware and software acquisition for administrative uses. Such specifications shall be followed by the
State Board of Education, the State Board of Technical and Adult Education, local units of administration, public libraries, and area postsecondary vocational-technical schools. In local school systems, specific hardware and software shall be designated for use at the school level and shall be considered components of the fully completed network, subject to appropriation by the General Assembly for this purpose. It
is declared to be the intent of this Code section that hardware and software used in the state-wide comprehensive educational information network comprise a level of uniformity sufficient to enable unimpeded flow of data. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the network, including any funding needed for hardware and software for the Department of Education, the Department of Technical and Adult Education, local units of administration, public schools, public libraries, and area postsecondary vocational-technical schools.
(e) The task force shall develop a timetable for implementation of the state-wide comprehensive educational information network and shall submit a report semiannually to the Governor and to the House and Senate Education and Appropriations committees detailing progress toward com-

pletion of the network. The task force shall also submit its timetable and notice of all formal actions and recommendations to the State Board of Education. The state board shall address all recommendations submitted by the task force. A separate complete report on progress toward completion of the network shall be submitted semiannually, prior to January 1 and July 1, to the Governor and to the House and Senate Education and Appropriations committees by the Department of Education. This report shall identify any differences between state board actions or policies and corresponding task force recommendations, shall provide an explanation for such differences, and shall explain any decision to take no action on a specific task force recommendation.
(f) The state-wide comprehensive educational information network shall be fully completed by July 1, 1991, subject to appropriation by the General Assembly for thIS purpose; provided, however, that the task force shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 1992. Only during the period prior to final completion of the network, the state board shall be authorized to specify data which may be transmitted by tape or disk from local school systems which are capable of providing required data in such formats. During the phased implementation of the network, highest priority shall be given to the electronic transmission of complete full-time equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system. (Code 1981, 20-2-306, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-320, as redesignated by Ga. L. 1987, p. 1169, 1; Ga. L. 1988, p. 1848, 3; Ga. L. 1990, p. 1256, 3.)
The 1990 amendment, effective April 11, 1990,
substituted "Department of Technical and Adult
Education" for "State Board of Postsecondary Voca-
tional Education" near the beginning of the first
sentence in subsection Cal, in the first, second, fifth,
and sixth sentences of subsection Ccl, and'in the last
sentence of subsection Cd); substituted "area postsec-
ondary vocational-technical schools" for "postsecond-
ary area vocational-technical schools" in the second
sentence of subsection Ca) and in the second and last
sentences of subsection Cd); substituted "State board
of Technical and Adult Education" for "Board of
Postsecondary Vocational Education" near the begin-
ning of the second sentence in subsection Cb); substi-
tuted "vocational-technical schools" for "vocational
schools" near the end of the second sentence in
subsection Cb); substituted "State Board of Technical and Adult Ed~cation"for "State Board of Postsecondary Vocational Education" near the end of the fourth

141

20-2-321

EDUCATION

sentence in subsection (b); substituted "agencies, provided" for "agencies; provided," near the middle of the second sentence in subsection (c) and substituted "agencies and provided" for "agencies; provided" near the end of the second sentence in subsection (c); and in the second sentence of subsection (d), substituted "Board of Technical and Adult Education" for "Board of Postsecondary Vocational Education" and substituted "area postsecondary" for "postsecondary area" twice.
Code Commission notes. - Pursuant to 28-9-5, in 1987 "full-time equivalent" was substituted for "FTE" in the last sentence of subsection (d).
Pursuant to 28-9-5, in 1989, "office" was substituted for "Office" near the beginning of subsection
(a).
Editor's notes. - See the editor's notes at the beginning of repealed Article 6.1 of this chapter for information as to the repeal of the former Code section.
OPINIONS OF THE ATTORNEY GENERAL
Collection of individually identifiable data. This section does not authorize the collection of individually identifiable data on each student, teacher, and school system employee as a part of a state-wide information system for the implementation of the Quality Basic Education Program. 1987 Op. Att'y Gen. No. 87-1.
20-2-321. Expense record requirements.
The State Board of Education shall maintain, according to the specific data categories defined by the task force created under Code Section 20-2-320, expenditure records for each instructional program and other grant program under this article. As a part of its annual budget request, the state board shall specify the teacher-student ratios for each of the program weights and the cost components reflected in the base amount defined in subsection (a) of Code Section 20-2-161. Such information shall be made available to the Appropriations and Education committees of the House of Representatives and Senate of the General Assembly. (Code 1981, 20-2-308, enacted by Ga. L. 1985, p. 1657, 1; Code 1981, 20-2-321, as redesignated by Ga. L. 1987, p. 1169, 1.)
Editor's notes. - See the editor's notes at the beginning of repealed Article 6.1 of this chapter for information as to the repeal of the former Code section.
20-2-322. Unfunded programs and activities.
The State Board of Education shall not initiate or cause to be initiated any program, program expansion, activity, or ac-

tivity expansion related to or contem-
plated in this article which would result in additional expenditures by the state if
such expenditures are not funded or other-
wise contemplated by the General Assembly in an Appropriations Act in force or to be in force within one year. (Code 1981, 20-2-307, enacted by Ga. L. 1985, p.
1657, 1; Code 1981, 20-2-322, as redesignated by Ga. L. 1987, p. 1169, 1.)

Editor's notes. - See the editor's notes at the beginning of repealed Article 6.1 of this chapter for
information as to the repeal of the former Code section.

20-2-322.1. Environmental Education Council.

(a) There is created within the Depart-

ment of Education the Environmental Ed-

ucation Council. The membership of the

council shall be composed of the State

School Superintendent, the commissioner

of natural resources or his designee, the

commissioner of community affairs or his

designee, and members appointed as fol-

lows:

(1) The Governor shall appoint nine

members as follows:

(A) Two persons whose primary job

responsibility is teaching science in

the public schools of this state;

(B) Two persons employed by the

University System of Georgia, at least

one of whom shall be a specialist in

the field of ecology or environmental

science;

(C) One person representing a

state-wide environmental organiza-

tion;

(D) Two persons representing the

business community of this state;

(E) One person representing the

Georgia Municipal Association; and

(F) One person representing the As-

sociation County Commissioners of

Georgia; and

(2) The President of the Senate and

the Speaker of the House of Representa-

tives shall each appoint one member

who shall not be a member of the

General Assembly.

(b) Seven members of the council shall

constitute a quorum.

.

(c) Vacancies shall be filled by the applI-

cable appointing authority. All appointed

members shall serve at the pleasure of the

appointing authority.

(d) The Governor shall appoint one

member to serve as chairman. The chair-

142

ELEMENTARY, SECONDARY, ETC., EDUCATION

20-2-322.1

man shall appoint one member to serve as
secretary-treasurer. (e) The members of the council shall
serve without compensation but shall be entitled to receive the travel allowance provided in Code Section 50-19-7 for travel in furtherance of this Code section. The Department of Education shall provide the
council with such facilities and clerical and professional assistance as the department deems appropriate. All such ex-
penses, facilities, and assistance shall be provided from funds appropriated to the department and shall be subject to the availability of such funding.
(D The council shall have the power and the duty to solicit and accept private funds and receive state funds to be used for grants to local school systems for programs
and projects designed to enhance awareness of environmental issues among the
kindergarten and primary and secondary education students in the state.
(g) The council shall award the grants referred to in subsection (D of this Code section pursuant to criteria established by rule or regulation; pr(}vided, however, that any such grant awarded shall be condi-
tioned upon the recipient's providing matching funds in an amount equaling at
least 20 percent of the amount of the

grant. Such matching funds may consist in whole or in part of local private funds or in-kind donations.
(h) The council shall advise the Governor, the State School Superintendent, and the Department of Education on curriculum materials and resource guides for environmental education, recycling, and composting awareness programs for kindergarten through grade 12, on the programs and projects utilized by the schools designed to enhance awareness of environmental education, and on changes that the council deems advisable to improve and enhance environmental education in Georgia.
(i) All funds received by the council shall be deposited in a banking institution in this state in a federally insured account. At the close of each fiscal year, the Department of Education shall cause an audit of all such funds to be conducted and shall provide copies of such audit to the state auditor and the Governor. (Code 1981, 20-2-322.1, enacted by Ga. L. 1992, p. 2331, 2.)
Effective date. - This Code section became
effective July 1, 1992.
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1992, "subsection (f)" was substituted for "subsection (el" in subsection (gl.

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