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2018 Georgia Code 20-2-703 | Car Wreck Lawyer

TITLE 20 EDUCATION

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

ARTICLE 16 STUDENTS

20-2-703. Subpart is inapplicable where operation of public schools is discontinued.

Repealed by Ga. L. 1984, p. 1266, § 8, effective April 3, 1984.

Editor's notes.

- Ga. L. 2017, p. 774, § 20(3)/HB 323, part of an Act to revise, modernize, and correct the Code, repealed the reservation of this Code section.

Subpart 2A Clubs and Organizations

20-2-705. Parental consent for participation in school clubs and organizations.

  1. As used in this Code section, the term:
    1. "Clubs and organizations" means clubs and organizations comprised of students who wish to organize and meet for common goals, objectives, or purposes and which is directly under the sponsorship, direction, and control of the school. This term shall include any activities reasonably related to such clubs and organizations, but shall not include competitive interscholastic activities or events.
    2. "Competitive interscholastic activity" means functions held under the auspices or sponsorship of a school that involves its students in competition between individuals or groups representing two or more schools. This term shall include cheerleading, band, and chorus.
  2. Each local board of education shall include in the student code of conduct distributed annually at the beginning of each school year pursuant to Code Section 20-2-736 information regarding school clubs and organizations. Such information shall include without limitation the name of the club or organization, mission or purpose of the club or organization, name of the club's or organization's faculty advisor, and a description of past or planned activities. On the form included in the student code of conduct, as required in Code Section 20-2-751.5, the local board of education shall provide an area for a parent or legal guardian to decline permission for his or her student to participate in a club or organization designated by him or her.
  3. For clubs or organizations started during the school year, the local board of education shall require written permission from a parent or guardian prior to a student's participation.

(Code 1981, §20-2-705, enacted by Ga. L. 2006, p. 851, § 4/SB 413.)

Law reviews.

- For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 129 (2006).

Subpart 3 Records

20-2-720. Inspection of students' records by parents.

No local school system, whether county, independent, or area, shall have a policy of denying, or which effectively prevents, the parents of students who are in attendance at or who have been enrolled in any facility within such system the right to inspect and review the education records of their child. A parent shall be entitled to inspect and review only information relating to his or her own child and if any material or document in a child's record includes information on another student, such information regarding any other student shall not be made available for inspection or review except to the parents of that student. Both parents of a child shall be entitled to inspect and review the education records of their child or to be provided information concerning their child's progress. Information concerning a child's education record shall not be withheld from the noncustodial parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been terminated. For purposes of this Code section, "education records" shall include attendance reports and records.

(Code 1981, §20-2-720, enacted by Ga. L. 1994, p. 531, § 1; Ga. L. 2004, p. 107, § 11C.)

Editor's notes.

- The former subpart, consisting of Code Section 20-2-720, was based on Ga. L. 1919, p. 288, §§ 89, 166; Code 1933, §§ 32-914, 32-1020; Ga. L. 1969, p. 838, §§ 1, 2, and was repealed by Ga. L. 1985, p. 1657, § 2, effective July 1, 1986.

Administrative Rules and Regulations.

- Procedural safeguards/parent rights, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Special Education, Sec. 160-4-7-.09.

JUDICIAL DECISIONS

No private cause of action created.

- A private cause of action in favor of a parent denied access to a child's education records did not exist, and even if the right did, damages could not be used as an enforcement mechanism. Chisolm v. Tippens, 289 Ga. App. 757, 658 S.E.2d 147 (2008), cert. denied, 129 S. Ct. 576, 172 L. Ed. 2d 431 (2008).

PART 2 D ISCIPLINE

Law reviews.

- For article, "The Amended Open Meetings Law: New Requirements for Publicly Funded Corporations As Well As Governmental Agencies," see 25 Ga. St. B.J. 78 (1988).

RESEARCH REFERENCES

Teacher's Use of Excessive Corporal Punishment, 20 POF2d 511.

Subpart 1 Corporal Punishment

20-2-730. Policies and regulations on use of corporal punishment.

All area, county, and independent boards of education shall be authorized to determine and adopt policies and regulations relating to the use of corporal punishment by school principals and teachers employed by such boards.

(Ga. L. 1964, p. 673, § 1.)

Cross references.

- Cruelty to children, T. 16, C. 5, A. 5.

Reporting of child abuse, § 19-7-5.

JUDICIAL DECISIONS

Cited in Pennsylvania Millers Mut. Ins. Co. v. Crews, 184 Ga. App. 492, 361 S.E.2d 657 (1987); Mathis v. Berrien County School Dist., 190 Ga. App. 255, 378 S.E.2d 505 (1989).

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, §§ 314 et seq., 321.

C.J.S.

- 78A C.J.S., Schools and School Districts, §§ 1089, 1090.

ALR.

- Personal liability of school authorities for dismissal or suspension of pupil, 42 A.L.R. 763.

Teacher's civil liability for administering corporal punishment to pupil, 43 A.L.R.2d 469.

Criminal liability for excessive or improper punishment inflicted on child by parent, teacher, or one in loco parentis, 89 A.L.R.2d 396.

Right to discipline pupil for conduct away from school grounds or not immediately connected with school activities, 53 A.L.R.3d 1124.

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