O.C.G.A. § 20-1A-4 — Powers and duties

The Department of Early Care and Learning shall have the following powers and duties: (1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten, which shall be known as “Georgia’s Pre-K Program”; (2) To administer such programs and services as may be necessary for the operation and management of preschool and child development programs, such as Even Start and child care regulation and food programs; (3) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department; (4) To assist local units of administration in this state so as to assure the proliferation of services under this chapter; (5) To regulate early care and education programs in accordance with this chapter; (6) To improve the quality, availability, and affordability of child care in this state; (7) To serve as the Head Start state collaboration office; (8) To establish and collect annual fees for licensure, registration, or commission of early care and education programs. Such fees so established shall be reasonable and shall be determined in such a manner that the total amount of fees established shall help defray the direct and indirect costs to the department in performing such function. The department shall remit all fees collected to the general fund of the state; (9) To recommend in writing to the owner of any early care and education program licensed by the department that such program carry liability insurance coverage sufficient to protect its clients. Any such program which after receiving such recommendation is not covered by liability insurance shall post that fact in a conspicuous place in the program and shall notify the parent or guardian of each child under the care of the program in writing. Such notice shall be in at least ½ inch letters. Each such parent or guardian must acknowledge receipt of such notice in writing, and a copy of such acknowl32 20-1A-4.1 edgment shall be maintained on ﬁle at the program at all times while the child attends the program and for 12 months after the child’s last date of attendance. Failure to do so may subject the owner of the program to a civil ﬁne of $1,000.00 for each such infraction; (10) To administer any programs assigned to it administratively by the Governor pursuant to his or her powers or any programs for which the Governor designates the department as the lead agency in the state for a federal program; (11) To perform any other functions as agreed upon between the department and the Department of Human Resources (now known as the Department of Human Services), pursuant to Code Section 20-1A-8; (12) To perform any other functions as agreed upon between the department and the Department of Education, in accordance with Code Section 20-1A-17; (13) To exercise the powers reasonably necessary to accomplish the purposes of this chapter, including, but not limited to, contracting for services; and (14) To solicit and accept donations, contributions, grants, bequests, gifts of money and property, facilities, or services, with or without consideration, from any person, ﬁrm, or corporation or from any state, county, municipal corporation, local government, or governing body, or from the federal government to enable it to carry out its functions and purpose. History. Code 1981, § 20-1A-4, enacted by Ga. L. 1996, p. 167, § 2; Ga. L. 2002, p. 1083, § 1; Ga. L. 2004, p. 645, § 1; Ga. L. 2009, p. 453, § 2-10/HB 228; Ga. L. 2010, p. 9, § 1-45/HB 1055; Ga. L. 2013, p. 135, § 3/HB 354; Ga. L. 2015, p. 965, § 1/HB 401; Ga. L. 2019, p. 919, § 5-4/HB 553; Ga. L. 2021, p. 922, § 20/HB 497. The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, revised punctuation near the middle of the fourth sentence of paragraph (9). 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-4.1. Department authorized to establish nonproﬁt corporation to qualify as a public foundation to aid in carrying out department’s powers and purposes; requirements; annual report. (a) The department shall have the power and authority to incorporate a nonproﬁt corporation that could qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the department in carrying out any of its powers and in accomplishing any of its purposes. Any nonproﬁt corporation created pursuant to this 33 20-1A-4.1 EDUCATION 20-1A-4.1 power shall be created pursuant to Chapter 3 of Title 14, the “Georgia Nonproﬁt Corporation Code,” and the Secretary of State shall be authorized to accept such ﬁling. (b) Any nonproﬁt corporation created pursuant to this Code section shall be subject to the following provisions: (1) In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonproﬁt corporation; (2) Upon dissolution of any such nonproﬁt corporation incorporated by the department, any assets shall revert to the department or to any successor to the department or, failing such succession, to the State of Georgia; (3) As used in this paragraph, the term “direct employee costs” means salary, beneﬁts, and travel expenses. To avoid the appearance of undue inﬂuence on regulatory functions by donors, no donations to any such nonproﬁt corporation from private sources shall be used for direct employee costs of the department; (4) Any such nonproﬁt corporation shall be subject to all laws relating to open meetings and the inspection of public records; (5) The department shall not be liable for the action or omission to act of any such nonproﬁt corporation; (6) No debts, bonds, notes, or other obligations incurred by any such nonproﬁt corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonproﬁt corporation constitute or result in the creation of an indebtedness of the state. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and (7) Any nonproﬁt corporation created pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange. (c) Pursuant to this Code section, the department may establish a nonproﬁt corporation to be designated as the Georgia Foundation for Early Care and Learning to Promote Public-Private Partnerships between businesses, nonproﬁt organizations, institutions of higher education, local school systems, public schools, and early care and education programs for the purpose of supporting educational excellence for children and families. Funds received by the foundation may be awarded through a competitive grant process administered by the 34 20-1A-4.1 EARLY CARE AND LEARNING 20-1A-7 department. The General Assembly may appropriate funds for purposes of this foundation. (d) Any nonproﬁt corporation created pursuant to this Code section shall make public and provide an annual report showing the identity of all donors and the amount each person or entity donated as well as all expenditures or other disposal of money or property donated. History. Code 1981, § 20-1A-4.1, enacted by Ga. L. 2017, p. 6, § 1/HB 463. 20-1A-5. Impact of transfer of operations on individuals.