O.C.G.A.
O.C.G.A.

O.C.G.A. § 20-2-2076 (2019)

[Repealed] Annual report on state chartered special schools that offer virtual instruction; requirements; publication on website

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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History

Code 1981, § 20-2-2076, enacted by Ga. L. 2018, p. 650, § 7/HB 787; repealed by

Ga. L. 2022, p. 302, § 4/HB 1215, effective July 1, 2022, effective July 1, 2022.

Annotations

Effective date. - This Code section became effective July 1, 2018.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 2018, Code Section 20-2-2075, as enacted by Ga. L. 2018, p. 650, § 7/HB 787, was redesignated as Code Section 20-2-2076.

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ARTICLE 31A STATE CHARTER SCHOOLS

Editor's notes. - Ga. L. 2012, p. 1298, § 3/HB 797, not codified by the General Assembly, provided that this article shall be repealed effective January 1, 2013, and that a new article shall be enacted, only if a Constitutional amendment expressly authorizing the General Assembly to create state charter schools as special schools was ratified at the November 2012, general election. Ga. L. 2012, p. 1364/HR 1162 was ratified at the election held on November 6, 2012.

Ga. L. 2012, p. 1298, § 1/HB 797, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 20-2-2080 through 20-2-2092, relating to the Georgia Charter Schools Commission, and was based on Code 1981, §§ 20-2-2080 - 20-2-2092, enacted by Ga. L. 2008, p. 603, § 1/HB 881; Ga. L. 2009, p. 8, § 20/SB 46.

Law reviews. - For article on the 2012 enactment of this article, see 29 Ga. St. U.L. Rev. 1 (2012).

JUDICIAL DECISIONS

Editor's notes. - In light of the similarity of the statutory provisions, decisions under former Article 31A, Code Section 20-2-2080 et seq., which was subsequently repealed but was succeeded by provisions in this article, are included in the annotations for this article.

Constitutionality. - Georgia Charter Schools Commission Act, O.C.G.A. § 20-2-2081 et seq., violated the special schools provision of Ga. Const. 1983, Art. VIII, Sec. V, Para. VII(a) by authorizing a state commission to establish competing state-created general K-12 schools under the guise of being special schools. The special schools authorized by the constitution were not competitors with locally controlled schools in regard to the education of general K-12 students; rather, the constitutionally significant matters that made a school "special" were directly related to the school itself, the school's student body and the school's curriculum. Gwinnett County Sch. Dist. v. Cox, 289 Ga. 265, 710 S.E.2d 773 (2011) (decided under former O.C.G.A. § 20-2-2080 et seq.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes. - In light of the similarity of the statutory provisions, opinions under former Article 31A, Code Section 20-2-2080 et seq., which was subsequently repealed but was succeeded by provisions in this article, are included in the annotations for this article.

Membership in the Teachers Retirement System. - Unless and until the General Assembly adopts clarifying legislation, it is within the sound discretion of the Teachers Retirement System Board of Trustees to determine whether teachers who are employed not less than half-time by commission charter schools must be members of the Teachers Retirement System. 2010 Op. Att'y Gen. No. 2010-5 (decided under former O.C.G.A. § 20-2-2080 et seq.).