TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 19 INSTRUCTIONAL MATERIALS AND CONTENT

20-2-1013. Free instructional materials and content; care and protection of instructional materials, library books, and media materials; reimbursement by pupils or parents.

1. The State Board of Education is authorized and directed to inaugurate and administer a system of free instructional materials and content for the public schools of this state. The state board shall have authority to promulgate and enforce such rules and regulations as may be necessary for that purpose.
2. All instructional materials and content and any computer hardware, software, and technical equipment necessary to support such digital materials and content purchased by local units of administration with state Quality Basic Education Program funds or any other means of acquisition may remain the property of the local unit purchasing or acquiring them. Assistive technology devices that are acquired may remain the property of the student; provided, however, that this shall not be construed to violate any contracts or copyright laws. Each local unit of administration shall establish such policies as it deems necessary for the care and protection of its instructional materials and content; computer hardware, software, and technical equipment necessary to support such materials and content; library books; and media materials as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Such policies may include any of the following sanctions against a pupil who fails or refuses to pay for any lost or damaged instructional materials and content; computer hardware, software, and technical equipment necessary to support such materials and content; library book; or media material at the replacement cost:
   1. Refusal to issue or make available any additional instructional materials and content, any computer hardware, software, and technical equipment necessary to support such materials and content, any library books, or any media materials until restitution is made; or
   2. Withholding of all grade cards, diplomas, or certificates of progress until restitution is made.

      No local unit of administration shall require any pupil or parent to purchase any instructional materials and content; computer hardware, software, and technical equipment necessary to support such materials and content; library book; or media material except in cases where the pupil damages, loses, or defaces such item either through willful intent or neglect.

(Ga. L. 1937, p. 896, § 3; Ga. L. 1994, p. 1936, § 2; Ga. L. 2012, p. 893, § 6/SB 289; Ga. L. 2015, p. 1031, § 2-2/SB 89.)

The 2015 amendment, effective July 1, 2015, in subsection (a), substituted "instructional materials and content" for "textbooks" in the middle of the first sentence; and substituted the present provisions of subsection (b) for the former provisions, which read: "(b) All hardbound or softbound textbooks, library books, and media materials purchased by local units of administration with state Quality Basic Education Program funds or any other means of acquisition shall remain the property of the local unit purchasing or acquiring them. Assistive technology devices and digital versions of textbooks that are acquired may remain the property of the student; provided, however, that this shall not be construed to violate any contracts or copyright laws. Each local unit of administration shall establish such policies as it deems necessary for the care and protection of its textbooks, library books, and media materials as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Such policies may include any of the following sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook, library book, or media material at the replacement cost:

"(1) Refusal to issue any additional textbooks, library books, or media materials until restitution is made; or

"(2) Withholding of all grade cards, diplomas, or certificates of progress until restitution is made.

"No local unit of administration shall require any pupil or parent to purchase any textbook, library book, or media material except in cases where the pupil damages, loses, or defaces such item either through willful intent or neglect."