ARTICLE 3. LOCAL BOARDS OF EDUCATION
§ 20-2-49. Standards for local board of
education members
§ 20-2-50. County school districts; county
board for each county
§ 20-2-51. Election of local board of education
members; persons ineligible to be members or superintendent;
...
§ 20-2-52. Term of office; number of members;
staggering of terms
§ 20-2-52.1. Composition and election of
county boards of education in counties in which there is a
homestead ...
§ 20-2-53. Certifying election or appointment
of county board members
§ 20-2-54. Resignation of member of county
board or superintendent
§ 20-2-54.1. Procedure for filling vacancies
on local boards
§ 20-2-55. Per diem, insurance, and expenses of
local board members
§ 20-2-56. Nonpartisan elections for members of
boards of education
§ 20-2-57. Organization of county boards;
chairperson and secretary; quorum; record of proceedings
§ 20-2-58. Regular monthly meeting of local
boards; adjournment; temporary presiding officer; notice of
date
§ 20-2-58.1. "Immediate family" defined;
employment of family members
§ 20-2-59. Rules
§ 20-2-60. Consolidation of county
schools
§ 20-2-61. Fundamental roles of local boards of
education and local school superintendents
§ 20-2-62. Employment of county agents and home
demonstration agents to carry on extension work
§ 20-2-63. Prohibit certain conflicts of
interest of board members
§ 20-2-64. Establishment and maintenance of
trusts or funds
§ 20-2-65. Programs for care and supervision of
students before school, after school, or during vacation
periods
§ 20-2-66. School breakfast programs
§ 20-2-67. Local school system or school
subject to corrective action plan for budget deficit; financial
operations ...
§ 20-2-68. Information for verification of fund
expenditure
§ 20-2-69. Requirements and procedures for
issuing and awarding high school diplomas to honorably discharged
World ...
§ 20-2-70. Requirements and procedures for
issuing and awarding high school diplomas to honorably discharged
Korean ...
§ 20-2-71. Placement of twins or higher order
multiples in the same classroom
§ 20-2-72. Code of ethics for local board of
education members
§ 20-2-73. Suspension and removal of local
school board members under certain circumstances
§ 20-2-74. Solicit and accept donations for
educational purposes
§ 20-2-49. Standards
for local board of education members
The General Assembly finds that local boards of education play a
critical role in setting the policies that lead to the operation
and success of local school systems. School board members hold
special roles as trustees of public funds, including local, state,
and federal funds, while they focus on the singular objective of
ensuring each student in the local school system receives a quality
basic education. Board duties require specialized skills and
training in the performance of vision setting, policy making,
approving multimillion dollar budgets, and hiring a qualified
superintendent. The motivation to serve as a member of a local
board of education should be the improvement of schools and
academic achievement of all students. Service on a local board of
education is important citizen service. Given the specialized
nature and unique role of membership on a local board of education,
this elected office should be characterized and treated differently
from other elected offices where the primary duty is independently
to represent constituent views. Local board of education members
should abide by a code of conduct and conflict of interest policy
modeled for their unique roles and responsibilities. And although
there are many measures of the success of a local board of
education, one is clearly essential: maintaining accreditation and
the opportunities it allows the school system's students.
§ 20-2-50. County
school districts; county board for each county
Each county of this state, exclusive of any independent school
system in existence in a county, shall compose one school district
and shall be confined to the control and management of a county
board of education, except to the extent that area school systems
are created pursuant to Article VIII, Section V, Paragraph I of the
Constitution of Georgia.
§ 20-2-51. Election of
local board of education members; persons ineligible to be members
or superintendent; ineligibility for local boards of education;
ineligibility for other elective offices.
(a) No person shall be eligible for election as a member of a
local board of education who is not a resident of the school
district in which that person seeks election and of the election
district which such person seeks to represent. Whenever there is in
a portion of any county a local school system having a board of
education of its own, receiving its pro rata of the public school
fund directly from the State School Superintendent and having no
dealings whatever with the local board, then the members of the
board of such county shall be selected from that portion of the
county not embraced within the territory covered by such local
system.
(b) Whenever a member of a local board of education moves that
person's domicile from the district which that person represents,
such person shall cease to be a member of such local board of
education, and a vacancy shall occur. The member shall provide
notice of such move to the secretary of the local board of
education and the election superintendent within ten days of such
move.
(c) (1) No person serving on the governing body of a private
elementary or secondary educational institution shall be eligible
to serve as a member of a local board of education.
(2) No person employed by a local board of education shall be
eligible to serve as a member of that board of education.
(3) No person employed by the Department of Education or serving
as a member of the State Board of Education shall be eligible to
serve as a member of a local board of education.
(4) (A) No person who has an immediate family member sitting on a
local board of education or serving as the local school
superintendent or as a principal, assistant principal, or system
administrative staff in the local school system shall be eligible
to serve as a member of such local board of education. As used in
this paragraph, the term "immediate family member" means a spouse,
child, sibling, or parent or the spouse of a child, sibling, or
parent whose employment as the local school superintendent or as a
principal, assistant principal, or system administrative staff in
the local school system began on or after January 1, 2010. This
paragraph shall apply only to local board of education members
elected or appointed on or after July 1, 2009. Nothing in this Code
section shall affect the employment of any person who is employed
by a local school system on or before July 1, 2009, or who is
employed by a local school system when an immediate family member
becomes a local board of education member for that school
system.
(B) Notwithstanding subsection (b) of Code Section 20-2-244, in
local school systems in which the initial fall enrollment count
conducted in 2009 pursuant to Code Section 20-2-160 does not exceed
a full-time equivalent count of 2,800, the State Board of Education
shall be authorized to waive this paragraph upon the request of a
local board of education or an individual attempting to qualify to
run for local board of education member and in accordance with the
provisions of subsections (d) and (e) of Code Section 20-2-244;
provided, however, that prior to submitting any such request, the
local board of education shall, upon its own initiative, or at the
request of such individual attempting to qualify to run for local
board of education member:
(i) Provide 30 days' notice of the individual's intent to run for
office; and
(ii) Conduct a public hearing for the purpose of providing an
opportunity for full discussion and public input on the issue of
potential nepotism problems and other concerns with regard to such
waiver. The public hearing shall be advertised at least seven days
prior to the date of such hearing in a local newspaper of general
circulation which shall be the same newspaper in which other legal
announcements of the local board of education are advertised. The
public hearing may be conducted in conjunction with a regular or
called meeting of the local board or may be conducted
independently, at the local board's discretion.
The cost of such notice and public hearing shall be borne by the
local board. The State Board of Education shall approve or deny a
waiver request no later than 45 days after receipt of such waiver
request, taking into consideration whether the benefit to the
public would justify approval of the waiver. An approved waiver
must be received by the local election superintendent prior to an
individual's filing of a declaration or notice of candidacy in
accordance with Article 4 of Chapter 2 of Title 21.
(d) In all counties of this state having a population of not less
than 500,000 or more than 600,000 according to the United States
decennial census of 1990 or any future such census, the members of
the county boards of education taking office after December 1,
1975, shall not hold any other elective governmental office. If any
member of any such board should qualify at any time after December
1, 1975, for nomination or election to any other elective
governmental office other than for membership on such county board,
such member's position on such county board shall thereby become
vacant. Such vacancy shall be filled as provided by the law
applicable to any such county board.
(e) In addition to any other requirements provided by law, no
person shall be eligible for election as a member of a local board
of education unless he or she:
(1) Has read and understands the code of ethics and the conflict
of interest provisions applicable to members of local boards of
education and has agreed to abide by them; and
(2) Has agreed to annually disclose compliance with the State
Board of Education's policy on training for members of local boards
of education, the code of ethics of the local board of education,
and the conflict of interest provisions applicable to members of
local boards of education.
Each person offering his or her candidacy for election as a member
of a local board of education shall file an affidavit with the
officer before whom such person has qualified for such election
prior to or at the time of qualifying, which affidavit shall affirm
that he or she meets all of the qualifications required pursuant to
this subsection. This subsection shall apply only to local board of
education members elected or appointed on or after July 1,
2010.
(f) No person who is on the National Sex Offender Registry or the
state sexual offender registry shall be eligible for election to or
service on a local board of education.
§ 20-2-52. Term of
office; number of members; staggering of terms
(a) Effective January 1, 2012, members of local boards of
education shall be elected for terms of not less than four years,
provided that longer terms of office may be provided by local Act
or constitutional amendment.
(b) (1) Each local board of education shall have no more than
seven members as provided by local Act.
(2) This subsection shall not apply to a local board of education
whose board size exceeds seven members as provided by local
constitutional amendment or federal court order or pursuant to a
local law in effect prior to July 1, 2010; provided, however, that
if the local law of any such local board of education is amended to
revise the number of members on such board, paragraph (1) of this
subsection shall apply.
(c) Members of local boards of education in office on July 1,
2011, who are serving terms of office of less than four years shall
serve until December 31, 2012, and until their respective
successors are elected and qualified. Members elected in 2011 shall
serve until December 31, 2014, and until their respective
successors are elected and qualified. Successors to all such
members shall be elected to serve four-year terms of office and
until their respective successors are elected and qualified.
(d) The General Assembly, by local law, may provide for staggered
terms of office and term limits for such offices. On and after
January 1, 2015, the General Assembly by local law may provide for
terms of less than four years for members of local boards of
education.
§ 20-2-52.1.
Composition and election of county boards of education in counties
in which there is a homestead option sales and use tax and a county
sales and use tax for educational purposes; terms of service
(a) On and after January 1, 2015, in counties in which there is
being collected a homestead option sales and use tax pursuant to
Article 2A of Chapter 8 of Title 48 and a county sales and use tax
for educational purposes pursuant to Part 2 of Article 3 of Chapter
8 of Title 48 and the county board of education consists of more
than seven members, such county boards of education shall comply
with this Code section. Such county boards of education shall
consist of seven members elected from single-member districts of
approximately equal population. The number of members may be
reduced to less than seven members by local legislation, but such
members shall be elected from single-member districts of
approximately equal population.
(b) Unless otherwise provided by local law, such county boards of
education shall select from among their membership a chairperson
and vice chairperson at the first meeting of each odd-numbered
year.
(c) Unless otherwise provided by local law, such county boards of
education shall serve staggered, four-year terms of office.
§ 20-2-53. Certifying
election or appointment of county board members
In addition to certifications of elections now required to be made
to the Governor, it shall be the duty of the elections
superintendent of each system or other political subdivision to
transmit to the Secretary of State and to the State School
Superintendent a certified statement of the election of members of
a local board of education. Where board members are appointed under
any law to fill vacancies, it shall be the duty of the local
superintendent of schools to certify these appointments to the
Secretary of State, the State School Superintendent, and to the
Governor. All resignations from such boards, in addition to being
submitted to the Governor, shall be submitted to the local
superintendent of schools and a copy thereof shall be transmitted
to the Secretary of State and to the State School
Superintendent.
§ 20-2-54. Resignation
of member of county board or superintendent
Repealed by Ga. L. 1986
§ 20-2-54.1.
Procedure for filling vacancies on local boards
(a) In all instances where local laws applicable to local boards
of education do not provide otherwise, a vacancy occurring for any
reason on a local board of education shall be filled as
follows:
(1) If the vacancy occurs more than 90 days prior to the date of a
general election preceding the general election at which a
successor will be elected to a new full term of office, then such
vacancy shall be filled for the unexpired term of office at a
special election to be held on the same date as said general
election preceding the general election at which a successor will
be elected to a new full term of office; and in this case the
remaining members of the board of education shall, by majority
vote, select a qualified person to fill the vacancy until the
person elected at such special election takes office; and
(2) If the vacancy does not occur more than 90 days prior to the
date of a general election preceding the general election at which
a successor will be elected to a new full term of office, then the
remaining members of the local board of education shall, by
majority vote, select a qualified person to serve for the remainder
of the unexpired term.
(b) Any person elected or appointed to fill a vacancy pursuant to
subsection (a) of this Code section shall possess the same
qualifications required for election to a full term of office as
provided by law applicable to the office wherein the vacancy
occurred. As applied to special elections under paragraph (1) of
subsection (a) of this Code section, if the office wherein the
vacancy occurred is filled by election of voters within a portion
of the local school district, then the special election shall be
held within that portion of the local school district, but if the
office wherein the vacancy occurred is filled by the voters within
the entire school district, then the special election shall be held
within the entire school district.
§ 20-2-55. Per diem,
insurance, and expenses of local board members
(a) (1) In any local school system for which no local Act is
passed, members of the local board of education shall, when
approved by the local board affected, receive a per diem of $50.00
for each day of attendance at meetings of the board and while
meeting and traveling within or outside the state as a member of a
committee of the board on official business first authorized by a
majority of the board, plus reimbursement for actual expenses
necessarily incurred in connection therewith; provided, however,
that in any independent school system with a full-time equivalent
(FTE) program count of less than 4,000 students for which no local
Act is passed, members of the local board of education may, when
approved by the affected local board, receive a per diem of not
less than $50.00 and not more than $100.00 for each day of
attendance at meetings of the board and while meeting and traveling
within or outside the state as a member of a committee of the
board, plus reimbursement for actual expenses. The accounts for
such service and expenses shall be submitted for approval to the
local school superintendent. In all school districts, the
compensation of members of local boards shall be paid only from the
local tax funds available to local boards for educational purposes.
This paragraph shall apply only to local board of education members
elected or appointed prior to July 1, 2010.
(2) In any local school system for which no local Act is passed,
members of the local board of education shall, when approved by the
local board affected, receive a per diem of $50.00 for each day of
attendance at a meeting, as defined in paragraph (3) of subsection
(a) of Code Section 50-14-1, of the board, plus reimbursement for
actual expenses necessarily incurred in connection therewith;
provided, however, that in any independent school system with a
full-time equivalent (FTE) program count of less than 4,000
students for which no local Act is passed, members of the local
board of education may, when approved by the affected local board,
receive a per diem of not less than $50.00 and not more than
$100.00 for each day of attendance at a meeting, as defined in
paragraph (3) of subsection (a) of Code Section 50-14-1, of the
board, plus reimbursement for actual expenses. The accounts for
such service and expenses shall be submitted for approval to the
local school superintendent. In all school districts, the
compensation of members of local boards shall be paid only from the
local tax funds available to local boards for educational purposes.
This paragraph shall apply only to local board of education members
elected or appointed on or after July 1, 2010.
(b) (1) A local board of education is authorized to provide group
medical and dental insurance for its members who elect to
participate. Such insurance may be provided through a group policy
secured by the local school district, a group policy secured by
several local school districts, a policy secured by an organization
of local school boards, or in accordance with Code Section 45-18-5
providing for the inclusion of members of the local board of
education and their spouses and dependents within any health
insurance plan or plans established under Article 1 of Chapter 18
of Title 45. It shall be the duty of the board to make the employer
contributions required for the operation of such plan or plans.
Except as provided in paragraph (3) of this subsection, a board
providing such insurance shall pay no greater percentage of the
cost of that insurance than the percentage of the cost paid as an
employer contribution by the state for the health insurance plan
for state employees pursuant to Article 1 of Chapter 18 of Title
45. The remainder of such insurance costs, and all the costs of any
coverage for family members, shall be paid as an employee
contribution by the board member. It shall be the duty of the board
to deduct from the salary or other remuneration of qualified
members or otherwise collect such payment from the qualified
members or dependents.
(2) Taxes levied by or on behalf of a local board of education may
be expended for employer contributions, but not employee
contributions, required for insurance coverage of members of that
board as provided in paragraph (1) of this subsection. Taxes levied
by or on behalf of a local board of education also may be expended
for contributions authorized in paragraph (3) of this subsection.
Such expenditures on behalf of any member may continue only as long
as that member continues in office and makes any employee
contribution required for such coverage. That member, and eligible
dependents thereof, shall be ineligible for coverage pursuant to
the provisions of paragraph (1) of this subsection upon such
person's ceasing to serve as a member of a local board of
education. Such expenditures on behalf of any member in accordance
with paragraph (3) of this subsection may continue only as long as
that member continues in office and makes any contribution which is
not the result of the board of education's decision to allow its
members to participate in the health insurance plan. Expenditures
authorized by this Code section shall be in addition to, and not in
lieu of, any salary, expense, per diem, or other compensation
payable to that member of a local board of education.
(3) If a board member is already a member of a health insurance
plan established by Article 1 of Chapter 18 of Title 45 as a
retired employee and the result of the board of education's
decision to allow its members to participate is to establish dual
eligibility for a member and thus to increase the cost to such
member of the state insurance plan, then the local board may pay
any additional cost imposed on such member as a result of the local
board's decision to allow its members to participate in coverage
under paragraph (1) of this subsection.
§ 20-2-56. Nonpartisan
elections for members of boards of education
Notwithstanding any other provision of law to the contrary, the
General Assembly may provide by local law for the election in
nonpartisan elections of candidates to fill the offices of members
of boards of education and, in the case of independent school
systems, for the election in nonpartisan elections of candidates to
fill the offices of members of the boards of education of those
independent school systems using the procedures established in
Chapter 2 of Title 21, the "Georgia Election Code."
§ 20-2-57. Organization
of county boards; chairperson and secretary; quorum; record of
proceedings
(a) Unless otherwise provided by local law or, in the absence of
local law, by local board policy, upon being called together by one
of their number, the members of the local board shall organize by
selecting one of their number as chairperson to serve as such
during the term for which that person was chosen as a member of the
local board. The local school superintendent shall act as secretary
of the local board, ex officio. A majority of the local board shall
constitute a quorum for the transaction of business. The votes of a
majority of the members present shall be necessary for the
transaction of any business or discharge of any duties of the local
board of education, provided there is a quorum present. Any action
taken by less than a majority of the board members may be rescinded
by a majority of the board members at the next regular meeting or
within 30 days of such action, whichever is later. It shall be the
duty of the superintendent as secretary to be present at the
meetings of the local board, to keep the minutes of its meetings
and make a permanent record of them, and to do any other clerical
work it may direct the superintendent to do. The superintendent
shall cause to be recorded in a book, to be provided for the
purpose, all official proceedings of the local board, which shall
be a public record open to the inspection of any person interested
therein; and all such proceedings, when so recorded, shall be
signed by the chairperson and countersigned by the secretary.
(b) Pursuant to the authority of this subsection, any local board
of education whose chairperson is required to be a member of that
board who is elected at large from its school district, when such
requirement is imposed by the terms of a local law which became
effective before this subsection may become effective under the
Voting Rights Act of 1965, as amended, shall continue to have as
its chairperson that same member who is elected at large as
designated by that local law, unless thereafter changed by local
law.
§ 20-2-58. Regular
monthly meeting of local boards; adjournment; temporary presiding
officer; notice of date
It shall be the duty of each local board of education to hold a
regular meeting during each calendar month for the transaction of
business pertaining to the public schools. Any such meeting may be
adjourned from time to time, and, in the absence of the president
or secretary, the members of the local board may appoint one of
their own number to serve temporarily. The local board shall
annually determine the date of its meeting and shall publish it
either in the official county organ or, at the option of the local
board of education, in a newspaper having a general circulation in
said county at least equal to that of the official county organ for
two consecutive weeks following the setting of the date; provided,
however, that the date shall not be changed more often than once in
12 months and, if changed, the new date shall also be published as
provided in this Code section.
§ 20-2-58.1.
"Immediate family" defined; employment of family members
(a) As used in this Code section, the term "immediate family"
means a spouse, child, sibling, or parent or the spouse of a child,
sibling, or parent.
(b) No local board of education shall employ or promote any person
who is a member of the immediate family of any board member unless
a public, recorded vote is taken on such employment or promotion as
a separate matter from any other personnel matter. Any board member
whose immediate family member is being considered for employment
shall not vote on such employment. Nothing in this Code section
shall affect the employment of any person who is employed by a
local school system on July 1, 2000, or who is employed by a local
school system when an immediate family member becomes a member of
the local board of education for that school system.
§ 20-2-59. Rules
The county school superintendent and county board of education
shall make rules to govern the county schools of their
county.
§ 20-2-60.
Consolidation of county schools
The board of education of any county shall have the right, if, in
its opinion, the welfare of the schools of the county and the best
interests of the pupils require, to consolidate two or more schools
into one school, to be located by the county board at a place
convenient to the pupils attending the consolidated school, the
schoolhouse to be located as near the center of the district or
districts as practicable.
§ 20-2-61. Fundamental
roles of local boards of education and local school
superintendents
(a) The fundamental role of a local board of education shall be to
establish policy for the local school system with the focus on
student achievement. The fundamental role of a local school
superintendent shall be to implement the policy established by the
local board. It shall not be the role of the local board of
education or individual members of such board to micromanage the
superintendent in executing his or her duties, but it shall be the
duty of the local board to hold the local school superintendent
accountable in the performance of his or her duties. Local board of
education members should work together with the entire local board
of education and shall not have authority as independent elected
officials but shall only be authorized to take official action as
members of the board as a whole. Nothing in this subsection shall
be construed to alter, limit, expand, or enlarge any powers,
duties, or responsibilities of local boards of education, local
board members, or local school superintendents.
§ 20-2-62. Employment
of county agents and home demonstration agents to carry on
extension work
Power is conferred upon the county tax levying authorities of the
several counties, as well as the county boards of education, to
carry on educational work for the promotion of the extension work
in agriculture and home economics under the Act of Congress
approved May 8, 1914 (7 U.S.C.A., Sections 341 to 348), and
resolution of the General Assembly, under the date of August 14,
1914 (Ga. L. 1914, p. 1243), giving assent of the state to such Act
of Congress, by employing county agricultural agents and home
demonstration agents and supervising their work and paying
therefor. The boards of education of the several counties may
employ and pay county agents and home demonstration agents to carry
on such extension work.
§ 20-2-63. Prohibit
certain conflicts of interest of board members
(a) (1) No local board of education member shall use or attempt to
use his or her official position to secure unwarranted privileges,
advantages, or employment for himself or herself, his or her
immediate family member, or others.
(2) No local board of education member shall act in his or her
official capacity in any matter where he or she, his or her
immediate family member, or a business organization in which he or
she has an interest has a material financial interest that would
reasonably be expected to impair his or her objectivity or
independence of judgment. Compliance with Code Section 20-2-505
shall not constitute a violation of this paragraph.
(3) No local board of education member shall solicit or accept or
knowingly allow his or her immediate family member or a business
organization in which he or she has an interest to solicit or
accept any gift, favor, loan, political contribution, service,
promise of future employment, or other thing of value based upon an
understanding that the gift, favor, loan, contribution, service,
promise, or other thing of value was given or offered for the
purpose of influencing that board member in the discharge of his or
her official duties. This paragraph shall not apply to the
solicitation or acceptance of contributions to the campaign of an
announced candidate for elective public office if the local board
of education member has no knowledge or reason to believe that the
campaign contribution, if accepted, was given with the intent to
influence the local board of education member in the discharge of
his or her official duties. For purposes of this paragraph, a gift,
favor, loan, contribution, service, promise, or other thing of
value shall not include the items contained in subparagraphs
(a)(2)(A) through (a)(2)(J) of Code Section 16-10-2.
(4) No local board of education member shall use, or knowingly
allow to be used, his or her official position or any information
not generally available to the members of the public which he or
she receives or acquires in the course of and by reason of his or
her official position for the purpose of securing financial gain
for himself or herself, his or her immediate family member, or any
business organization with which he or she is associated.
(5) No local board of education member or business organization in
which he or she has an interest shall represent any person or party
other than the local board of education or local school system in
connection with any cause, proceeding, application, or other matter
pending before the local school system in which he or she serves or
in any proceeding involving the local school system in which he or
she serves.
(6) No local board of education member shall be prohibited from
making an inquiry for information on behalf of a constituent if no
fee, reward, or other thing of value is promised to, given to, or
accepted by the local board of education member or his or her
immediate family member in return therefor.
(7) No local board of education member shall disclose or discuss
any information which is subject to attorney-client privilege
belonging to the local board of education to any person other than
other board members, the board attorney, the local school
superintendent, or persons designated by the local school
superintendent for such purposes unless such privilege has been
waived by a majority vote of the whole board.
(8) No member of a local board of education may also be an officer
of any organization that sells goods or services to that local
school system, except as provided in Code Section 20-2-505 and
excluding nonprofit membership organizations.
(9) No local board of education member shall be deemed in conflict
with this subsection if, by reason of his or her participation in
any matter required to be voted upon, no material or monetary gain
accrues to him or her as a member of any profession, occupation, or
group to any greater extent than any gain could reasonably be
expected to accrue to any other member of that profession,
occupation, or group.
(b) Upon a motion supported by a two-thirds' vote, a local board
of education may choose to conduct a hearing concerning the
violation by a local board of education member of any conflict of
interest provision in subsection (a) of this Code section. The
local board of education member accused of violating said provision
shall have 30 days' notice prior to a hearing on the matter. Said
accused member may bring witnesses on his or her behalf, and the
local board of education may call witnesses to inquire into the
matter. If it is found by a vote of two-thirds of all the members
of the board that the accused member has violated a conflict of
interest provision contained in subsection (a) of this Code
section, the local board shall determine an appropriate sanction. A
board member subject to sanction pursuant to this Code section may,
within 30 days of such sanction vote, appeal such decision to the
State Board of Education, which shall be empowered to affirm or
reverse the decision to sanction such board member. The State Board
of Education shall promulgate rules governing such appeal process.
This subsection shall apply only to local board of education
members elected or appointed on or after July 1, 2010.
(c) As used in this Code section, the term "immediate family
member" means a spouse, child, sibling, or parent or the spouse of
a child, sibling, or parent.
§ 20-2-64.
Establishment and maintenance of trusts or funds
(a) Each local board of education is authorized to establish and
maintain one or more funds or trusts for the purposes specified in
this Code section and to designate one or more fund managers or
trustees thereof. Each local board of education shall be deemed to
be a person for the purposes of Chapter 12 of Title 53, known as
"The Revised Georgia Trust Code of 2010," and may take any action
which a natural person would be authorized to take and shall be
subject to any duty imposed upon a natural person by the provisions
of such chapter, except as provided in this Code section.
(b) A local board of education shall appoint one or more managers
or trustees for any separate fund or trust, respectively, created
pursuant to the authority of this Code section and shall not act as
trustee or manager of such a trust or fund.
(c) A local board of education is authorized to accept and pay
over to or place in such trust or fund any gifts, grants, bequests,
and transfers of real or personal property and money made for the
furtherance of such trust's or fund's purposes, as set forth in
subsection (d) of this Code section. No funds or property of the
local board of education derived from tax revenues or state grants
or appropriations shall be placed in any such trust or fund or
expended for the administration of such trust or fund.
(d) Trust or fund property and the income therefrom may be
expended, unless otherwise restricted by the donor thereof,
for:
(1) Scholarships, grants, loans, and other educational assistance
programs for students or graduates, or both, of the school
system;
(2) Matching any matching grant given to such trust or fund or to
the local board of education;
(3) Any purpose specified by the donor of such trust property,
unless limited by subsection (e) of this Code section;
(4) Any other educational purpose; or
(5) The cost of administering the trust.
(e) Any such trust or fund shall be established under such further
terms and conditions as may be deemed appropriate by the local
board of education from time to time to the extent consistent with
the uses of funds and purposes described in subsection (d) of this
Code section. The local board of education, manager, or trustee may
refuse to accept any gift, grant, bequest, or transfer which:
(1) Contains any condition, restriction, or limitation that may
jeopardize the tax exempt status of such trust or fund for federal
or state income tax purposes;
(2) Would cause the trust or fund to be treated as a private
foundation under Section 509 or any corresponding provision of the
Internal Revenue Code, as amended; or
(3) Contains any condition, restriction, or limitation deemed by
the local board of education, fund manager, or trustee to be
inconsistent with the purposes, terms, or conditions of such fund
or trust.
§ 20-2-65. Programs for
care and supervision of students before school, after school, or
during vacation periods
(a) The General Assembly of Georgia, recognizing the need for
providing school age children with programs outside the normal
school curriculum that enable them to reach their full potential as
students within that curriculum, hereby declares that programs
which provide for the care and supervision of such students outside
of normal school hours and during vacation periods serve an
educational purpose, in that they are necessary or incidental to
public education and can be an integral part of the total school
program offered by public schools in this state.
(b) The board of education of any county, area, or independent
school system is authorized to establish and operate, contract for,
or otherwise make provisions for programs that provide care and
supervision before school, after school, or during vacation
periods, or during any combination of these time periods, for
school age children who are temporary or permanent residents of the
geographical area served by such system.
(c) Consistent with existing local rules, regulations, policies,
or procedures, a local board of education shall conduct a needs
assessment, the scope and methodology of which shall be determined
solely by the board, before establishing, operating, contracting
for, or otherwise making provisions for programs defined in
subsection (b) of this Code section.
(d) In accordance with the requirements of Code Section 50-14-1,
the local board of education shall notify the public of the board's
intention to vote whether to provide programs as defined in
subsection (b) of this Code section. A local board of education
shall provide such additional notice or proceedings as deemed
appropriate to solicit public comment and review of the board's
actions regarding any programs defined in subsection (b) of this
Code section.
§ 20-2-66. School
breakfast programs
(a) Each local school system in this state is encouraged to
establish and support a school breakfast program to make breakfast
available to all students in kindergarten through grade eight. All
school systems are required to establish and support a school
breakfast program in all schools with kindergarten through grade
eight if at least 25 percent of the student population is eligible
for free or reduced price lunch under federal guidelines and in all
schools not containing kindergarten through grade eight if at least
40 percent of the student population is eligible for free or
reduced price lunch under federal guidelines. School breakfast
programs shall be phased in over a period beginning September 1,
1994, and ending June 15, 1996, in all such schools. Each local
school system operating a school breakfast program pursuant to this
Code section shall be reimbursed by the state at the federal
reimbursement rate per meal prepared and served. The school
breakfast program reimbursement by the state shall be automatically
terminated if federal funding for this program ceases.
(b) The State Board of Education shall promulgate rules and
regulations which:
(1) Establish minimum nutritional requirements for school
breakfast programs which meet or exceed the minimum federal
regulations;
(2) Utilize federal standards of income eligibility for free or
reduced price meals for lower income students;
(3) Prescribe uniform methods of determining eligibility for free
or reduced price meals that are discreet and accessible. Each
participating school system shall establish a method to regularly
notify parents of the availability of the program;
(4) Provide that each participating local board of education
submit a plan of compliance;
(5) Provide that compliance with the standards and regulations of
the National School Lunch Act and Child Nutrition Act of 1966, as
amended, shall be deemed compliance with the requirements
promulgated by the board;
(6) Assist the local school board in applying for and obtaining
start-up grant money for such programs.
§ 20-2-67. Local school
system or school subject to corrective action plan for budget
deficit; financial operations form; publication; mailing to
Department of Education and local governing body
(a) When an audit by the Department of Audits and Accounts finds
and reports irregularities or budget deficits in the fund
accounting information regarding a local school system or a school
within the local school system, the Department of Audits and
Accounts shall report the findings of irregularities or budget
deficits to the State Board of Education and the local board of
education.
(b) The State Board of Education shall inform the superintendent
of the local school system of the irregularities or budget deficits
regarding a local school system's or a school's fund accounting
information. The superintendent shall submit to the Department of
Education a response to the findings and a corrective action plan
as defined by rules and regulations adopted by the State Board of
Education designed to correct the financial irregularities or
budget deficits for the school or school system. From the time such
irregularity or budget deficit is discovered until the time it is
eliminated, the local school superintendent shall present to each
member of the local board of education for his or her review and
written acknowledgment a monthly report containing all anticipated
expenditures by budget function for such school or school system
during the current month. The report shall be presented to local
board members on or before the tenth business day of each month.
Each monthly report shall be signed by each member of that local
board and recorded and retained in the minutes of the meeting of
the local board of education.
(c) Not later than September 30 of the year, each local board of
education shall cause to be published in the official county organ
wherein the local school system is located once a week for two
weeks a statement of actual financial operations for such schools
or school system identified by the Department of Audits and
Accounts as having financial irregularities. Such statement of
actual financial operations shall be in a form to be specified and
prescribed by the state auditor for the purpose of indicating the
current financial status of the schools or school system. Prior to
publication, such form shall be executed by the local board of
education and signed by each member of said board and the local
school superintendent.
(d) A copy of the actual financial operations form required to be
published by subsection (c) of this Code section shall be mailed by
each local board of education to the Department of Education and
the local county board of commissioners or local municipal
governing authority. A current copy of said form shall be
maintained on file in the central administrative office of the
local school system for public inspection for a period of at least
two years from the date of its publication. Copies of the statement
shall be made available on request.
§ 20-2-68. Information
for verification of fund expenditure
The Office of Planning and Budget shall collect from local school
systems and local school systems shall supply information
sufficient for the Office of Planning and Budget to verify the
proper expenditure of funds and employment of positions funded in
the Quality Basic Education formula and categorical grants.
§ 20-2-69. Requirements
and procedures for issuing and awarding high school diplomas to
honorably discharged World War II Veterans
Each local board of education shall issue high school diplomas to
veterans who failed to receive diplomas due to an interruption of
their education by service in World War II. The local board of
education of the school district where the veteran attended high
school shall award the high school diploma to such veteran. A
veteran shall make application for a diploma to the appropriate
local board of education and furnish proof that such person is a
World War II veteran who had his or her education interrupted as a
result of service in World War II. Honorably discharged veterans
who served in World War II between September 16, 1940, and December
31, 1946, and who did not graduate from high school are eligible
for a diploma; provided, however, that attendance in high school
ranging from 1937-1946 with graduation class years ranging from
1941-1950 is required. Veterans who qualify under this Code section
and who have earned a general educational development (GED) diploma
are also eligible for a high school diploma. Diplomas may be
awarded posthumously. The local board of education is encouraged to
present such diplomas to World War II veterans on or near Veterans
Day to bring to the attention of students the importance of such
day and the great sacrifices made by World War II veterans.
§ 20-2-70. Requirements
and procedures for issuing and awarding high school diplomas to
honorably discharged Korean Conflict and Vietnam Conflict
veterans
Each local board of education shall issue high school diplomas to
veterans who failed to receive diplomas due to an interruption of
their education by service in the Korean Conflict or service in the
Vietnam Conflict. The local board of education of the school
district where the veteran attended high school shall award the
high school diploma to such veteran. A veteran shall make
application for a diploma to the appropriate local board of
education and furnish proof that such person is a veteran of the
Korean Conflict or the Vietnam Conflict who had his or her
education interrupted as a result of service in the Korean Conflict
or the Vietnam Conflict. Honorably discharged veterans who served
in the Korean Conflict between June 25, 1950, and January 31, 1955,
and honorably discharged veterans who served in the Vietnam
Conflict between August 5, 1964, and May 7, 1975, and who did not
graduate from high school are eligible for a diploma pursuant to
this Code section; provided, however, that attendance in high
school ranging from 1946 through 1955 with graduation class years
ranging from 1951 through 1955 is required for veterans of the
Korean Conflict and attendance in high school ranging from 1960
through 1975 with graduation class years ranging from 1964 through
1975 is required for veterans of the Vietnam Conflict. Veterans who
qualify under this Code section and who have earned a general
educational development (GED) diploma are also eligible for a high
school diploma. Diplomas may be awarded posthumously. The local
board of education is encouraged to present such diplomas to such
veterans on or near Veterans Day to bring to the attention of
students the importance of such day and the great sacrifices made
by such veterans.
§ 20-2-71. Placement of
twins or higher order multiples in the same classroom
(a) For purposes of this Code section, the term "higher order
multiples" means triplets, quadruplets, quintuplets, or more.
(b) A school must place twins or higher order multiples from the
same family together in the same classroom if the children are in
the same grade level at the same school and meet the eligibility
requirements of the class, and the children's parent or legal
guardian requests the placement, unless factual performance
evidence shows proof that these specific students should be
separated. The parent or guardian must request the classroom
placement no later than five days before the first day of each
school year or five days after the first day of attendance of the
children during a school year if the children are enrolled in the
school after the school year commences.
§ 20-2-72. Code of
ethics for local board of education members
(a) The State Board of Education shall adopt a model code of
ethics for members of local boards of education by October 1, 2010.
Such model code of ethics shall also include appropriate
consequences for violation of a provision or provisions of such
code. The State Board of Education may periodically adopt revisions
to such model code as it deems necessary.
(b) Within three months of adoption by the State Board of
Education of a model code of ethics pursuant to subsection (a) of
this Code section, each local board of education shall adopt a code
of ethics that includes, at a minimum, such model code of ethics.
Each local board of education shall incorporate into its code of
ethics any revisions adopted by the State Board of Education to the
model code of ethics pursuant to subsection (a) of this Code
section within three months of adoption of such revisions.
§ 20-2-73. Suspension
and removal of local school board members under certain
circumstances
(a) (1) Notwithstanding Code Section 20-2-54.1 or any other
provisions of law to the contrary, if a local school system or
school is placed on the level of accreditation immediately
preceding loss of accreditation for school board governance related
reasons by one or more accrediting agencies included in
subparagraph (A) of paragraph (6) of Code Section 20-3-519, the
State Board of Education shall conduct a hearing in not less than
ten days nor more than 30 days and recommend to the Governor
whether to suspend all eligible members of the local board of
education with pay. If the State Board of Education makes such
recommendation, the Governor may, in his or her discretion, suspend
all eligible members of the local board of education with pay and,
in consultation with the State Board of Education, appoint
temporary replacement members who shall be otherwise qualified to
serve as members of such board.
(2) Notwithstanding Code Section 20-2-54.1 or any other provisions
of law to the contrary, if a local school system or school has been
placed on, as of April 20, 2011, the level of accreditation
immediately preceding loss of accreditation for school board
governance related reasons by one or more accrediting agencies
included in subparagraph (A) of paragraph (6) of Code Section
20-3-519 and does not reattain full accreditation status by July 1,
2011, the State Board of Education shall conduct a hearing in not
less than ten days nor more than 30 days and recommend to the
Governor whether to suspend all members of the local board of
education with pay. If the State Board of Education makes such
recommendation, the Governor may, in his or her discretion, suspend
all members of the local board of education with pay and, in
consultation with the State Board of Education, appoint temporary
replacement members who shall be otherwise qualified to serve as
members of such board.
(b) Any local board of education member suspended under this Code
section may petition the Governor for reinstatement no earlier than
30 days following suspension and no later than 60 days following
suspension. In the event that a suspended member does not petition
for reinstatement within the allotted time period, his or her
suspension shall be converted into permanent removal, and the
temporary replacement member shall become a permanent member and
serve out the remainder of the term of the removed member.
(c) Upon petition for reinstatement by a suspended local board of
education member, the Governor or his or her designated agent shall
conduct a hearing for the purpose of receiving evidence relative to
whether the local board of education member's continued service on
the local board of education is more likely than not to improve the
ability of the local school system or school to retain or reattain
its accreditation. The appealing member shall be given at least 30
days' notice prior to such hearing. Such hearing shall be held not
later than 90 days after the petition is filed and in accordance
with Chapter 13 of Title 50, the "Georgia Administrative Procedure
Act," except that the individual conducting the hearing shall have
the power to call witnesses and request documents on his or her own
initiative. For purposes of said chapter and any hearing conducted
pursuant to this Code section, the Governor shall be considered the
agency, and the Attorney General or his or her designee shall
represent the interests of the Governor in the hearing. If it is
determined that it is more likely than not that the local board of
education member's continued service on the local board of
education improves the ability of the local school system or school
to retain or reattain its accreditation, the member shall be
immediately reinstated; otherwise, the member shall be permanently
removed, and the temporary replacement member shall become a
permanent member and serve out the remainder of the term of the
removed member or until the next general election which is at least
six months after the member was permanently removed, whichever is
sooner. Judicial review of any such decision shall be in accordance
with Chapter 13 of Title 50.
(d) Paragraph (1) of subsection (a) of this Code section shall
apply to a local school system or school which is placed on the
level of accreditation immediately preceding loss of accreditation
on or after April 20, 2011.
(e) This Code section shall apply to all local board of education
members, regardless of when they were elected or appointed.
§ 20-2-74. Solicit and
accept donations for educational purposes
Local boards of education shall be authorized to solicit and
accept donations, contributions, and gifts of money from any source
for the purposes of field trips for their students and for any
other educational purposes.