Definitions

As used in this chapter, the term: (1) “Board” means the Board of Early Care and Learning. (2) “Change of ownership applicant” means any licensed or commissioned early care and education program applying for a new license or commission to operate an early care and education program. (3) “Child care learning center” means any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for less than 24 hours per day, without transfer of legal custody, seven or more children under 18 years of age; provided, however, that this term shall not include a private school which provides kindergarten through grade 12 education, meets the requirements of Code Section 20-2-690, and is accredited by one or more of the entities listed in subparagraph (A) of paragraph (6) of Code Section 20-3-519 and which provides care before, after, or both before and after the customary school day to its students as an auxiliary service to such students during the regular school year only. (4) “Commissioner” means the commissioner of early care and learning. (5) “Department” means the Department of Early Care and Learning. (6) “Early care and education programs” include all support centers, family child care learning homes, and child care learning centers, regardless of whether such homes or centers offer education. (7) “Early childhood” means the period of childhood from birth to age six. (8) “Family child care learning home” means a private residence operated by any person who receives therein for pay for supervision and care less than 24 hours per day, without transfer of legal custody, at least three but not more than six children under 13 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence; provided, however, that the total number of unrelated children cared for in such home, for pay and not for pay, may not exceed six children under 13 years of age at one time. (9) “License” means the document issued by the department au29 20-1A-3 thorizing the operation of a family child care learning home or child care learning center. (10) “Permit” means the temporary document issued by the department authorizing a family child care learning home or child care learning center to operate without a license for a limited term to be determined by the department. (11) “Registration” means the document issued by the department to any business entity operating as a support center. (12) “Support center” means any business entity registered with the department that makes available potential employees for family child care learning homes or child care learning centers and that receives no children for care. Such term shall include but not be limited to a temporary staffing agency, a university, or an independent contractor. History. Code 1981, § 20-1A-2, enacted by Ga. L. 1996, p. 167, § 2; Ga. L. 2004, p. 645, § 1; Ga. L. 2008, p. 798, § 1/HB 1169; Ga. L. 2013, p. 135, § 1/HB 354; Ga. L. 2015, p. 965, § 1/HB 401; Ga. L. 2016, p. 846, § 20/HB 737. Editor’s notes. For application of this statute in 2020, see Executive Orders 08.31.20.02, 09.15.20.01, and 09.30.20.02. 20-1A-3. Commissioner; board; duties and powers; salary; personnel; rules and regulations. (a) There is created a Board of Early Care and Learning and a commissioner of early care and learning. (b) The board shall consist of one member from each congressional district appointed by the Governor. In as far as it is practical, the members of the board shall be representative of all areas and functions encompassed within the early childhood care and education community. In appointing members to their initial terms, the Governor shall designate five members for two-year terms, four members for threeyear terms, and four members for five-year terms. Subsequent appointments shall be for five-year terms. Members shall serve until their successors are appointed. In the event of a vacancy on the board for any reason other than expiration of a term, the Governor shall appoint a person from the same congressional district to fill the vacancy for the unexpired term. (c) The board shall elect from its members a chairperson and such other officers as the board considers necessary. The board shall adopt bylaws for the conduct of its activities. The members of the board shall receive per diem and expense reimbursement as shall be determined 30 20-1A-3 and approved by the Office of Planning and Budget in conformity with rates and allowances determined for members of other state boards. (d) The board shall determine policies and promulgate rules and regulations for the operation of the department, including: (1) Functions formerly performed by the Office of School Readiness, including, but not limited to, Even Start; (2) Functions transferred to the department from the Department of Human Resources (now known as the Department of Human Services) relating to day-care centers (now known as child care learning centers), group day-care homes (now known as child care learning centers), family day-care homes (now known as family child care learning homes), and other functions as agreed upon by the department and the Department of Human Resources (now known as the Department of Human Services) in accordance with Code Section 20-1A-8; and (3) Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17. (e) The board shall oversee the budget of the department and shall submit an annual request for funding to the Office of Planning and Budget in accordance with Code Section 45-12-78. (f) The commissioner shall be the chief administrative and executive officer of the department. The commissioner shall be appointed by and serve at the pleasure of the Governor. The commissioner shall be in the unclassified service as defined by Code Section 45-20-2 and shall receive a salary to be determined by the Governor. (g) The commissioner shall have the authority to employ all personnel of the department, subject to the provisions of this chapter, all applicable provisions of other laws governing public employment, and the policies, procedures, rules, and regulations of the board. History. Code 1981, § 20-1A-3, enacted by Ga. L. 1996, p. 167, § 2; Ga. L. 2004, p. 645, § 1; Ga. L. 2009, p. 453, § 2-9/HB 228; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-21/HB 642; Ga. L. 2013, p. 135, § 2/HB 354; Ga. L. 2015, p. 965, § 1/HB 401; Ga. L. 2019, p. 919, § 5-3/HB 553; Ga. L. 2020, p. 493, § 20/SB 429. The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (d). Editor’s notes. Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: “Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act.” This Act became effective July 1, 2012. Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: “Appropriations for functions 31 20-1A-4 which are transferred by this Act may be transferred as provided in Code Section 45-12-90.” 20-1A-4. Powers and duties.