O.C.G.A. § 20-2-770 (2019)
Rules and regulations for nutritional screening and eye, ear, and dental examinations of students
The Department of Public Health is authorized and directed, in cooperation with the State Board of Education, to promulgate rules and regulations to provide for a nutritional screening and eye, ear, and dental examinations for each student entering the first grade in the public schools of this state and at such other times as such rules and regulations shall provide. Such rules and regulations shall provide procedures for local boards of health to provide for such examinations and screenings and for the issuance of a certificate to the parent or parents of children entering the first grade indicating that such examinations and screenings have been made, and such certificates shall be turned in to the school officials at the time of enrollment. Such rules and regulations shall further provide that the examinations and screenings required in this Code section may be made by private practitioners and authorize the certification provided for in this Code section by such private practitioners.
History
Ga. L. 1972, p. 214, § 1; Ga. L. 1976, p. 616, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214. Administrative rules and regulations. School nutrition program, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Subject 160-5-6. Vision, hearing, dental, and nutrition
screening of children entering public schools, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Public Health, Health Promotion, Subject 511-5-6.
Annotations
Law reviews. For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).
OPINIONS OF THE ATTORNEY GENERAL Section places upon local boards of health the responsibility for employing necessary personnel and facilities for making the required examinations. 1972 Op. Att’y Gen. No. 72-176.
Unless funds unavailable obligations cannot be avoided. - Absent a showing that there is a lack of funds and an inability to obtain the funds and that, as a result thereof, performance of the
ELEMENTARY & SECONDARY EDUC.
Department of Human Resources’ (now Department of Community Health) obligations imposed by this section is impos-
sible, the statutory obligations cannot be avoided. 1972 Op. Att’y Gen. No. 72-176.
RESEARCH REFERENCES Am. Jur. 2d. 68 Am. Jur. 2d, Schools, § 344. C.J.S. 78A C.J.S., Schools and School Districts, §§ 993, 1004.