2010 Georgia Code 20-2-262 Case Law
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One Click Case Law for § 20-2-262
O.C.G.A. § 20-2-261 <-- --> O.C.G.A. §20-2-270-1



2010 Georgia Code

TITLE 20 - EDUCATION

CHAPTER 2 - ELEMENTARY AND SECONDARY EDUCATION
ARTICLE 6 - QUALITY BASIC EDUCATION
PART 10 - CAPITAL OUTLAY FUNDS
§ 20-2-262 - (Repealed effective June 30, 2015.) Legislative findings; low-wealth capital outlay grants to local school systems; criteria for eligibility

O.C.G.A. 20-2-262 (2010)
20-2-262. (Repealed effective June 30, 2015.) Legislative findings; low-wealth capital outlay grants to local school systems; criteria for eligibility


(a) The General Assembly finds that many local school systems in Georgia have relatively weak local tax bases and are unable to raise revenues sufficient to meet their facility needs. The General Assembly further finds that even with current levels of state capital outlay support, these systems must wait for years before they can accumulate funds to initiate construction projects that are needed immediately. For some systems, the availability of the local option sales tax does not resolve their problem, because their commercial tax base is as meager as their property wealth. The difficulty is compounded if the per capita income in the school system is low, because residents have less ability to take advantage of property tax and sales tax options to meet their facility needs. It is the intent of the General Assembly to provide for state capital outlay grants specifically targeted to low-wealth school systems, on a short-term basis, in order to help such systems initiate what they have been unable to accomplish with existing revenue sources.

(b) As used in this Code section, the terms "full-time equivalent student count" and "weighted full-time equivalent student count" shall have the same meaning as provided in Code Section 20-2-260.

(c) The State Board of Education shall provide eligible local school systems with low-wealth capital outlay grants as provided for in this Code section, subject to appropriation by the General Assembly. Such grants shall provide sufficient funds to cover 92 percent of the state eligible cost of the local school system's first priority project in the five-year facilities plan, as contained in the system's most recently approved local facilities plan. A local school system may qualify for a grant not to exceed 95 percent of the state eligible cost of the local school system's first priority project in the five-year facilities plan if the system uses a Georgia State Financing and Investment Commission prototypical design with the project managed under the direction of the Georgia State Financing and Investment Commission.

(d) Local school systems which meet the following criteria shall be eligible for a low-wealth capital outlay grant:

(1) The amount of sales tax revenues per unit in the full-time equivalent student count of the local school system is less than 75 percent of the state-wide average sales tax revenues per unit in the full-time equivalent student count;

(2) The value of property per unit in the weighted full-time equivalent student count of the local school system is less than 75 percent of the state-wide average value of property per unit in the weighted full-time equivalent student count;

(3) The per capita income of residents of the local school district is less than 75 percent of the state-wide average per capita income level;

(4) The local school system's millage rate for maintenance and operation is at least 60 percent of the system's constitutional authority to recommend; or if the school system is not a recommending authority, the appropriations to the system represent a minimum of 60 percent of the amount that would be generated by a rate of 20 mills; or if the school system is eligible to receive local option sales tax proceeds for maintenance and operation purposes, the combination of property tax revenue and sales tax revenue represents a minimum of 60 percent of the amount that would be generated by a rate of 20 mills;

(5) A special purpose local option sales tax is in effect in the local school district or the local school system has in place a millage rate for debt service on bonds, or both; and

(6) The local school system is currently participating in advance funding from the state for capital outlay projects and will continue in that status for a minimum of one additional fiscal year beyond the fiscal year for which the grant is made.

(e) This Code section shall be automatically repealed on June 30, 2015.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com