Official Code of Georgia
|Official Code of Georgia |Subject |Proposal |Rationale |
|20-5-5.2 |Permits the chair of the State |Repeal |This provision runs counter to the respective authority of the State Board of Education and State School Superintendent as |
| |Board of Education, after | |outlined in O.C.G.A. § 20-2-240 and 20-2-241. Further, principles of effective board governance indicate that boards should |
| |reasonable consultation with the| |refrain from the management of day-to-day operations. |
| |State School Superintendent, to | | |
| |require DOE employees to provide| | |
| |information or perform specific | | |
| |functions | | |
|20-2-7 |Location of State Board meetings|Repeal |Currently, this section provides that no action of the state board shall have force and effect unless the meeting is held in |
|(1953) | | |Atlanta. There are times in which it would be beneficial to hold an official meeting outside Atlanta. Also, there may be a |
| | | |need due to an emergency to have a state board meeting outside Atlanta. |
|20-2-12 |Authority of the State Board of |Repeal |Prior to the creation of the Georgia Public Broadcasting Corporation, educational television and public broadcasting was under|
| |Education over educational | |the authority of the State Board of Education. The duties outlined in this code section are performed by Georgia Public |
| |television | |Broadcasting and Public Broadcasting Atlanta. Additionally, local school systems with cable access for educational purposes |
| | | |determine programming based on local community needs. |
|20-2-100 |County school superintendent |Repeal |The office of the county school commissioner no longer exists and has been replaced with appointed school superintendents. |
| |substituted for county school | |The authority and duties of local school superintendents are outlined in O.C.G.A. § 20-2-101. Further, in Orr v. Riley |
| |commissioner | |(1925), the Georgia Supreme Court held that the duties of the county school commissioner will be performed by the county |
| | | |school superintendent. |
|20-2-103 |Oath of office for Local |Revise |This code section should be revised to give greater clarity as to what oath local school superintendents should take and how |
|(1919; amended 1933) |Superintendents | |the oath should be administered. The revised code section will provide a form for the oath. |
|20-2-150 |Eligibility for enrollment |Revise |Clarify that underage students that were enrolled in another country should be eligible to enroll in public school until age |
|(1985; amended 1993) | | |5. Current statutory language allows underage students that were enrolled in other states to enroll in public school in |
| | | |Georgia under certain conditions. School districts desire greater clarity so that the same conditions may be applied to |
| | | |children enrolling from other countries. |
|20-2-168(f) |Summer Opportunity Program |Repeal |Repeal section (f) to provide local school systems with greater flexibility and clarity on remediation for students who were |
|(1985; amended 2009) | | |retained or who failed academic subjects in kindergarten through the eighth grade. School systems interpret this code section|
| | | |as detailing the requirements for traditional summer school; however, summer school programs may be structured by systems with|
| | | |much greater flexibility. Repealing this section removes the confusion about summer school. |
|20-2-171 |65% Rule |Repeal |Repeal because it is a burden on local school systems and it causes school systems to allocate resources based on rigid |
|(2006; amended 2009) | | |compliance with the statute instead of basic educational needs of students |
|20-2-210(d) |Annual Performance Evaluation |Revise |The language of this paragraph requires performance evaluations for certificated personnel to be completed by April 1 of each |
|(1985; amended 2000) | | |year. The deadline in this paragraph is superfluous as paragraph (a) of this code section requires performance evaluations to|
| | | |be completed annually. In recent years, however, state law was amended to allow school districts until May 15, rather than |
| | | |April 15, to offer annual contract renewals. Revising the code section as suggested would eliminate the need for a specific |
| | | |date and thereby remove the need to move the dates from year to year based on situational factors. |
|20-2-212.3 |Requires the SBOE to identify |Repeal |O.C.G.A. § 20-2-212.5 was passed by the General Assembly in 2009 with similar intent but with more clarity for implementation |
|(2007; amended 2009) |local schools and systems where | |and operation. O.C.G.A. § 20-2-212.5 provides additional compensation for elementary and secondary math and science teachers.|
| |there is an insufficient supply | |The need for this statute had been mitigated due to the passage and funding of O.C.G.A. § 20-2-212.5. |
| |of qualified math, science, | | |
| |special education, or foreign | | |
| |language and to request funds | | |
| |from the General Assembly to pay| | |
| |such teachers an additional step| | |
| |on the salary schedule. | | |
|20-2-212.4 |Provides for a five percent |Repeal |The goals of this program are being upheld through Georgia’s Race to the Top implementation. Further, funding has not been |
|(2003) |salary increase for teachers who| |appropriated for this program’s implementation. |
| |have acquired rights to | | |
| |continued employment and whose | | |
| |students earn “significant | | |
| |increase” in average scores on | | |
| |state tests. | | |
|20-2-213 |Career Ladder Program |Repeal |The Career Ladder Program was designed to allow teachers that demonstrate excellence to receive additional supplements or |
|(1985; amended 1991) | | |compensation. The goals of this program are being upheld through Georgia’s Race to the Top implementation. Further, funding |
| | | |has not been appropriated for this program’s implementation. |
|20-2-231 |Georgia Leadership Academy |Repeal |The Georgia Department of Education and the Georgia Leadership Institute for School Improvement provide leadership development|
|(1985; amended 2001) | | |opportunities through various programs that make this program obsolete. Funding has not been appropriated for this program |
| | | |for ten years. |
|20-2-232 |Requires submission of 3 year |Repeal |The requirements of this code section are duplicative of requirements of school improvement initiatives, federal Title I |
|(1985; amended 1988) |development plan to the State | |requirements, and requirements for local board of education development. |
| |Board | | |
|20-2-240(b) |Authorizes the State Board of |Repeal |This provision runs counter to the respective authority of the State Board of Education and State School Superintendent as |
|(1987) |Education, after reasonable | |outlined in O.C.G.A. § 20-2-240 and 20-2-241. Further, principles of effective board governance indicate that boards should |
| |attempts at consultation with | |refrain from the management of day-to-day operations. |
| |the State School Superintendent,| | |
| |to organize the DOE. | | |
|20-2-251 |Demonstration programs |Repeal |Demonstration program grants provided school districts an opportunity to operate innovatively and creatively. The goals of |
|(1985; amended 1992) | | |this program are encompassed in the laws that created IE2 and charter school systems, which made this program obsolete. |
|20-2-252 |Describes various duties of |Repeal |The language in this code section is badly outdated. The duties of this code section are independently undertaken by local |
|(1985; amended 2000) |school systems and the State | |school systems and the State Board without need for statutory direction. Further, many of the requirements of the statute can|
| |Board of Education related to | |be addressed in rules by the State Board of Education. |
| |education technology | | |
|20-2-253 |Achievement grants |Repeal |The goal of this program is now encompassed in the Single Statewide Accountability Section codified at O.C.G.A. § 20-14-37 |
|(1985) | | |through 20-14-39, which allow the State Board of Education to provide awards for achievement. |
|20-2-254 |Educational Research |Repeal |This code section authorizes the State Board of Education to conduct educational research. O.C.G.A. § 20-2-240 provides the |
|(1985; amended 1987) | | |State Board of Education authority to conduct educational activities, including research. This code section duplicates the |
| | | |authority already provided by law. |
|20-2-285.1 |3rd grade CRCT assessments in |Repeal |This code section applied to the administration of the CRCT for school year 2003-2004 and provided for further study as to |
| |2003-2004 | |effectiveness of remediation. This code section is no longer needed for administration of the CRCT, the Early Intervention |
| | | |Program, or study for remediation. |
|20-2-303 |State Board to Determine need |Repeal |Prior to the creation of the Georgia Public Broadcasting Corporation, educational television and public broadcasting was under|
|(1985; amended 1987 |for Ed. TV Programming | |the authority of the State Board of Education. The duties outlined in this code section are performed by Georgia Public |
| | | |Broadcasting and Public Broadcasting Atlanta. Additionally, local school systems with cable access for educational purposes |
| | | |determine programming based on local community needs. |
|20-2-312 |State Program for middle school |Repeal |A variety of other state and federal programs, such as 21st Century Community Learning Centers, accomplish the goals of this |
|(1997) |children for non-school hours | |program. Further, funding for this program has not been appropriated for many years. |
|20-2-500(a) and (b) |State Board Authority over |Repeal |This code section provides the State Board of Education the authority to promulgate rules and regulations regarding local |
|(1968; amended 2010) |Procurement | |school system contracts and purchases over $100.00. The State Board of Education has not exercised this authority. Please |
| | | |note that paragraph (c) of this code section, which was added in 2010, should remain as it protects Georgia vendors. |
|20-2-501 |Prohibits contracts or purchases|Repeal |The State Board of Education has not exercised its authority to regulate local school system contracts and purchases over |
|(1968) |in violation of State Board of | |$100.00, and such authority is being proposed to be eliminated. Accordingly, this code section is unnecessary. |
| |Education rule | | |
|20-2-502 |Authorizes the State Board of |Repeal |The State Board of Education has not exercised its authority to regulate local school system contracts and purchases over |
|(1968) |Education to discipline those | |$100.00, and such authority is being proposed to be eliminated. Accordingly, this code section is unnecessary. |
| |who violate O.C.G.A. § 20-2-501| | |
|20-2-503 |Authorizes local school systems |Repeal |This code section authorizes local county school systems to purchase educational information, literature, and services. This |
| |to purchase educational | |authority is provided through local systems’ broad authority to expend school funds under O.C.G.A. § 20-2-411 and Article 8, |
| |materials | |Section VI, Paragraph I of the Constitution of the State of Georgia. |
|20-2-660 |School Census |Repeal |Existing data collection requirements make this section obsolete. This code section requires the SBOE to “take or have taken” |
|(1919; amended 1969) | | |a quadrennial census of school age children. The Georgia Department of Education collects student information annually as |
| | | |required by O.C.G.A. § 20-2-160 and O.C.G.A. § 20-2-690. |
|20-2-690 |Home School Reporting |Revise |Revise sections (c)(1) and (c)(6) that require local school systems to monitor and collect information such as student |
|(1984; amended 2004) | | |attendance from home school study programs. This requirement could be transferred to the Georgia Department of Education to |
| | | |relieve local school systems of this mandate, which would save local school systems money. |
|20-2-741 |Student Codes of Conduct to be |Repeal |This code section requires local school systems to send a copy of its code of conduct to the Georgia Department of Education. |
|(1999) |reported to GaDOE | |The reporting requirement hinders the ability of the local school system to adapt and change its codes of conduct as needed. |
| | | |Further, each system generally makes its code of conduct readily available to the Department of Education and the public |
| | | |through its website. |
|20-2-771.1 |Voluntary pre-enrollment of |Repeal |This code section allows parents to voluntarily pre-enroll their child in the school system beginning at age 2 and provides |
|(2000) |children | |that local school systems must have policies and procedures to facilitate that pre-enrollment. The purpose of this code |
| | | |section is unclear. |
|20-2-961 |GaDOE to prepare forms for |Repeal |Legal counsel for local school systems or bonding companies are in the best position to provide forms for the issuance of |
|(1959) |principal's bonding | |performance bonds. |
|20-2-1033 |Authorizes the SBOE to provide |Repeal |The goal of this program is accomplished primarily through local partnerships between school systems and community partners. |
|(1993) |matching grants to local school | |Further, funding for this program has not been appropriated for many years. |
| |systems (subject to | | |
| |appropriation) for the | | |
| |“implementation of, support, and| | |
| |expansion of education | | |
| |partnership activities.” | | |
|20-2-1183 |Electronic Communication Devices|Revise |Revise to allow LEAs the authority to use electronic devices for instruction by striking the last sentence in the code |
|(1989; amended 2003) | | |section. The current language was drafted at a time in which policy makers did not foresee potential instructional benefits |
| | | |that could be delivered by electronic communication devices. |
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|Appendix A – Proposed Language for Revisions |
|Code Section |Proposed Language for Revisions |
|20-2-103 |Amend code section to read: |
| |Before entering upon the discharge of his official duties the county school superintendent shall take and subscribe before the local board of education the following oath, which |
| |shall be entered into the minutes of the meeting of the board: |
| |“I, _______, do solemnly swear or affirm that I will well and truly perform the duties of school superintendent to the best of my ability and I further swear or affirm that I am |
| |not the holder of any public money belonging to the state and unaccounted for, so help me God.” |
|20-2-150 |Amend paragraph (b) to read: |
| |(b) A child who was a legal resident of one or more other states or countries 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 general 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. |
|20-2-690 |Revise paragraph (c) to read: |
| |(c) Parents or guardians may teach their children at home in a home study program which meets the following requirements: |
| | |
| | (1) The parent, parents, or guardian must submit within 30 days after the establishment of a home study program and by September 1 annually thereafter a declaration of intent to|
| |utilize a home study program to the Georgia Department of Education in a manner to be determined and published by the Department. superintendent of schools of the local school |
| |district in which the home study program is located; |
| | |
| |*** |
| | |
| | (6) Attendance records for the home study program shall be kept and shall be submitted at the end of each month to the Georgia Department of Education in a manner to be |
| |determined and published by the Department. school superintendent of the local school district in which the home study program is located. Attendance records and reports shall not |
| |be used for any purpose except providing necessary attendance information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of |
| |competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; |
|20-2-1183 |Revise code section to read: |
| |The possession of an electronic communication device by a student in school shall be permitted or prohibited as specifically prescribed by rule or policy set by the local board of |
| |education. If prohibited, the local board of education may provide for exceptions to such prohibition and for disciplinary actions for possession in violation of the prohibition. |
| |If possession of an electronic communication device by a student in school is permitted, the local board policy shall not permit the use by a student of any personal electronic |
| |communication device during classroom instructional time. |
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Official Code of Georgia Title 20 Review and Recommendations for Legislative Changes
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