TITLE 42 PENAL INSTITUTIONS

Section 2. Board and Department of Corrections, 42-2-1 through 42-2-16.

ARTICLE 2 SEXUAL OFFENDER REGISTRATION REVIEW BOARD

42-2-5.1. Special school district for school age youth.

1. In order to provide education for any school age youth incarcerated within any facility of the department, the department shall be considered a special school district which shall be given the same funding consideration for federal funds that school districts within this state are given. The special school district under the department shall have the powers, privileges, and authority exercised or capable of exercise by any other school district. The schools within the special school district shall be under the control of the commissioner, who shall serve as the superintendent of schools for such district, except as otherwise provided in subsection (b) of this Code section. The board shall serve as the board of education for such district. The board, acting alone or in cooperation with the State Board of Education, shall establish education standards for the district. As far as is practicable, such standards shall adhere to the standards adopted by the State Board of Education for the education of school age youth, while taking into account:
   1. The overriding security needs of correctional institutions and other restrictions inherent to the nature of correctional facilities;
   2. The effect of limited funding on the capability of the department to meet certain school standards; and
   3. Existing juvenile education standards of the Correctional Education Association and the American Correctional Association, which shall be given primary consideration where any conflicts arise.
2. Any school within the department that is operated by a state charter school pursuant to a contract entered into in accordance with Code Section 20-2-2084.1 shall be under the control of the State Charter Schools Commission and the governing board of the state charter school, subject to any conditions in the contract. Any such school shall not be considered a part of the special school district established pursuant to this Code section.
3. The effect of subsection (a) of this Code section shall not be to provide state funds to the special school district under the department through Part 4 of Article 6 of Chapter 2 of Title 20, except as otherwise provided in Code Section 20-2-2084.1.

(Code 1981, §42-2-5.1, enacted by Ga. L. 1995, p. 357, § 1; Ga. L. 2011, p. 632, § 3/HB 49; Ga. L. 2014, p. 34, § 1-6/SB 365; Ga. L. 2016, p. 443, § 2-5/SB 367.)

The 2014 amendment, effective July 1, 2014, substituted "department" for "Department of Corrections" in the first sentence of subsection (a) and in paragraph (a)(2); substituted "board" for "Board of Corrections" in the fourth sentence of subsection (a); and redesignated former subsection (c) as present subsection (a) of Code Section 42-2-5.2.

The 2016 amendment, effective July 1, 2016, in subsection (a), substituted "youth" for "youths" near the beginning and substituted "this" for "the" near the end, and, in the second sentence, added ", except as otherwise provided in subsection (b) of this Code section"; added present subsection (b); redesignated former subsection (b) as present subsection (c); and added ", except as otherwise provided in Code Section 20-2-2084.1" at the end.