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Georgia Statutes, Title 20

Georgia/Statutes

← All Georgia coverage

Title 20

17 chapters · 1,343 sections in this title.

All chapters in Title 201,343 Ch 2, ELEMENTARY AND SECONDARY EDUCATION668 Ch 3, POSTSECONDARY EDUCATION411 Ch 14, EDUCATION ACCOUNTABILITY50 Ch 4, VOCATIONAL, TECHNICAL, AND ADULT EDU…43 Ch 5, LIBRARIES37 Ch 1A, EARLY CARE AND LEARNING36 Ch 1, GENERAL PROVISIONS27 Ch 16, GEORGIA HIGHER EDUCATION FACILITIES …18 Ch 13, GEORGIA PUBLIC TELECOMMUNICATIONS CO…12 Ch 12, MARINE RESOURCES EXTENSION CENTERS A…9 Ch 2A, STUDENT SCHOLARSHIP ORGANIZATIONS8 Ch 8, CAMPUS POLICEMEN7 Ch 11, GEORGIA TECH RESEARCH INSTITUTE7 Ch 6, EDUCATION COMPACTS6

36 sections·Filtered byTitle 20✕Ch 1A✕

O.C.G.A. § 20-1A-1 Creation
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The Department of Early Care and Learning is created as a department of the executive branch of state government and shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and otherwise provided by law. The Department of Early Care and…
O.C.G.A. § 20-1A-10 Regulation of early care and education programs
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(a) The department is authorized and empowered to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated for such purposes, the regulation of early care and education programs by providing consultation and making recommendations con…
O.C.G.A. § 20-1A-10.1 Determination of payments and eligibility
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A determination by the department regarding payments and eligibility pursuant to any federal program or grant shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the “Georgia Administrative …
O.C.G.A. § 20-1A-11 Penalties; notice
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(a) Any person who violates the provisions of Code Section 20-1A-10 or who hinders, obstructs, or otherwise interferes with any representative of the department in the discharge of that person’s official duties in making inspections or in investigating complaints as provided in s…

O.C.G.A. § 20-1A-12 Application; “license” deﬁned; actions authorized by department in event of violations; investigations; governmental immunity

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(a) This Code section shall be applicable to any early care and education program which is subject to regulation by the department in accordance with this chapter. For purposes of this Code section, the term “license” shall be used to refer to any license, commission, or permit i…

O.C.G.A. § 20-1A-13 Emergency placement of monitors; emergency closure upon minor’s death; requirements and procedures

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(a) As used in this Code section, the term: (1) “Emergency order” or “order” means a written directive by the commissioner or the commissioner’s designee placing a monitor in a program or providing notice of intended emergency closure of a program. (2) “Monitor” means a person de…

O.C.G.A. § 20-1A-14 Variances and waivers to regulatory requirements

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(a) The department upon application or petition may grant variances and waivers to speciﬁc rules and regulations which establish standards for early care and education programs regulated by the department as follows: (1) The department may authorize departure from the literal req…

O.C.G.A. § 20-1A-15 Issuance of inspection warrants; evidence generated inadmissible in criminal proceedings

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(a) As used in this chapter, the term “inspection warrant” means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or …

O.C.G.A. § 20-1A-16 Coordination of efforts between departments and agencies

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It shall be the duty of all other state departments, agencies, officers, and employees to assure the most effective coordination and use of state resources, personnel, and facilities for the beneﬁt of children and youths and to assist the department in effectuating the purposes o…

O.C.G.A. § 20-1A-17 Transfer of programs from Department of Education

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The commissioner and the State School Superintendent, with the concurrence of the board for the department and the State Board of Education, are authorized to transfer programs relating to early childhood education from the Department of Education to the department, as long as su…

O.C.G.A. § 20-1A-18 Information on inﬂuenza vaccine

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(a) Each child care learning center and family child care learning home shall, by September 1 of each year, provide to the parent or guardian of each child enrolled therein educational information on the inﬂuenza vaccine. Such information shall include, but not be limited to: (1)…

O.C.G.A. § 20-1A-2 Deﬁnitions

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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 progr…

O.C.G.A. § 20-1A-3 Commissioner; board; duties and powers; salary; personnel; rules and regulations

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(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 representat…

O.C.G.A. § 20-1A-4 Powers and duties

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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 adminis…

O.C.G.A. § 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

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(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 purpo…

O.C.G.A. § 20-1A-5 Impact of transfer of operations on individuals

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This chapter shall not be construed to impair or affect the rights of persons previously transferred to the Office of School Readiness who were members of the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 and who elected to continue membership in such ret…

O.C.G.A. § 20-1A-6 Department to succeed to applicable rules and regulations

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The department shall succeed to all rules, regulations, policies, procedures, and pending and ﬁnalized administrative orders of the Office of School Readiness which are in effect on September 30, 2004. Such rules, regulations, policies, and procedures shall remain in effect until…

O.C.G.A. § 20-1A-7 Pre-kindergarten name change required in publications, posters, banners, and signs

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Each newly printed publication, poster, banner, or sign created for the pre-kindergarten program by the department or a provider of pre-kindergarten services shall refer to the program as “Georgia’s Pre-K Program.” History. Code 1981, § 20-1A-7, enacted by Ga. L. 2002, p. 1083, §…

O.C.G.A. § 20-1A-8 Transfer of functions, powers, personnel, equipment, and assets to department; funding

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(a) Effective October 1, 2004, the department shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources (now known as the Department of Human Services) for the regulation and licensure of early care and education progra…

O.C.G.A. § 20-1A-9 Authority to license and regulate child care learning centers and family child care learning homes transferred to department

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The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers (now known as child care learning centers), group day-care homes (now known as child care learning centers), and family day-care homes (now known as family chi…

O.C.G.A. § 20-1A-30 Deﬁnitions

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As used in this article, the term: (1) “Comprehensive records check determination” means a satisfactory or unsatisfactory determination by the department, based upon a Federal Bureau of Investigation ﬁngerprint check, a search of the National Crime Information Center’s National S…

O.C.G.A. § 20-1A-31 Records check application for potential employees; comprehensive records check determination

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(a) A support center may furnish to the department a records check application for each potential employee of any licensed, commissioned, or permitted early care and education program. Before a person affiliated with a support center may become an employee of any licensed, commis…

O.C.G.A. § 20-1A-32 Program license or commission applicants; comprehensive records check requirements; change of ownership

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(a) Accompanying any application for a new license or commission for an early care and education program, the applicant shall furnish to the department a records check application for the director and each employee. In lieu of such records check applications, the license applican…

O.C.G.A. § 20-1A-33 Notiﬁcation to applicant on comprehensive records check

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After being furnished the required records check application under Code Section 20-1A-32, the department shall notify the license, commission, or change of ownership applicant and the records check applicant in writing whether the department’s determination as to a potential dire…

O.C.G.A. § 20-1A-34 Check of ﬁngerprints on national level; satisfactory determination prior to employment; additional records checks; retention of ﬁngerprints

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(a) The department shall receive a records check application, as may be required by the department and allowed under federal law, for any individual that cares for children through a program that receives, either directly or indirectly, federal funds through the department for th…

O.C.G.A. § 20-1A-35 Provisional employees; receipt of satisfactory determination; revocation of license, commission, or permit for violations

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(a) Where there is need for a provisional employee to work at a licensed, commissioned, or permitted early care and education program facility, such early care and education program may utilize an individual as a provisional employee only after the individual receives a satisfact…

O.C.G.A. § 20-1A-36 Certain offenders prohibited as employees of facilities

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No licensed, commissioned, or permitted facility operated as an early care and education program or similar facility or any operator of such a facility shall allow any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense speciﬁed …

O.C.G.A. § 20-1A-37 Director or employee residing in family child care learning home or at certain programs; comprehensive records check requirements

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Notwithstanding any other provision of this article, a director or employee who resides in a family child care learning home, as deﬁned by Code Section 20-1A-2, or at any program as determined by the department and allowed under federal law to receive, either directly or indirect…

O.C.G.A. § 20-1A-38 Change of directors; records check requirements

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(a) If the director of a licensed, commissioned, or permitted early care and education program ceases to be the director of that early care and education program, the license holder, commission holder, or permit holder shall thereupon designate a new director. After such change, …

O.C.G.A. § 20-1A-39 Potential employees; current employees and directors; comprehensive records check requirements; satisfactory determination; liability for hiring ineligible employee

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(a) Before a person may become an employee of any early care and education program after that early care and education program has received a license or commission, that early care and education program shall require that person to obtain a comprehensive records check determinati…

O.C.G.A. § 20-1A-40 Cooperation with GCIC and other law enforcement agencies; fees; penalty for misuse of information

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(a) GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and ﬁngerprint records check determinations required under this article and shall provide such information so required for such records checks…

O.C.G.A. § 20-1A-41 Liability for information or determinations made based upon records check

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(a) Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any disseminatio…

O.C.G.A. § 20-1A-42 Construction with Article 1

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The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter. History. Code 1981, § 20-1A-42, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401.

O.C.G.A. § 20-1A-43 Contested case procedure following rejection or other suspension of license or application

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A determination by the department regarding preliminary or ﬁngerprint records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of …

O.C.G.A. § 20-1A-44 Regulatory authority

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The board is authorized to provide by regulation for the administration of this article. History. Code 1981, § 20-1A-44, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401.

O.C.G.A. § 20-1A-45 Valid period for records check for separated employees

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A satisfactory comprehensive records check determination shall be no longer valid for an employee or director who has been separated from employment for more than 180 consecutive days from an early care and education program or any program that received, either directly or indire…