(See Editor's notes.) Powers and Duties

  1. Law
  2. Georgia Code
  3. Education
  4. Early Care and Learning
  5. General Provisions
  6. (See Editor's notes.) Powers and Duties

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The Department of Early Care and Learning shall have the following powers and duties:

  1. To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten, which shall be known as "Georgia's Pre-K Program";
  2. To administer such programs and services as may be necessary for the operation and management of preschool and child development programs, such as Even Start and child care regulation and food programs;
  3. To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department;
  4. To assist local units of administration in this state so as to assure the proliferation of services under this chapter;
  5. To regulate early care and education programs in accordance with this chapter;
  6. To improve the quality, availability, and affordability of child care in this state;
  7. To serve as the Head Start state collaboration office;
  8. To establish and collect annual fees for licensure, registration, or commission of early care and education programs. Such fees so established shall be reasonable and shall be determined in such a manner that the total amount of fees established shall help defray the direct and indirect costs to the department in performing such function. The department shall remit all fees collected to the general fund of the state;
  9. To recommend in writing to the owner of any early care and education program licensed by the department that such program carry liability insurance coverage sufficient to protect its clients. Any such program which after receiving such recommendation is not covered by liability insurance shall post that fact in a conspicuous place in the program and shall notify the parent or guardian of each child under the care of the program in writing. Such notice shall be in at least 1/2 inch letters. Each such parent or guardian must acknowledge receipt of such notice in writing and a copy of such acknowledgment shall be maintained on file at the program at all times while the child attends the program and for 12 months after the child's last date of attendance. Failure to do so may subject the owner of the program to a civil fine of $1,000.00 for each such infraction;
  10. To administer any programs assigned to it administratively by the Governor pursuant to his or her powers or any programs for which the Governor designates the department as the lead agency in the state for a federal program;
  11. To perform any other functions as agreed upon between the department and the Department of Human Resources (now known as the Department of Human Services), pursuant to Code Section 20-1A-8;
  12. To perform any other functions as agreed upon between the department and the Department of Education, in accordance with Code Section 20-1A-17;
  13. To exercise the powers reasonably necessary to accomplish the purposes of this chapter, including, but not limited to, contracting for services; and
  14. To solicit and accept donations, contributions, grants, bequests, gifts of money and property, facilities, or services, with or without consideration, from any person, firm, or corporation or from any state, county, municipal corporation, local government, or governing body, or from the federal government to enable it to carry out its functions and purpose.

(Code 1981, §20-1A-4, enacted by Ga. L. 1996, p. 167, § 2; Ga. L. 2002, p. 1083, § 1; Ga. L. 2004, p. 645, § 1; Ga. L. 2009, p. 453, § 2-10/HB 228; Ga. L. 2010, p. 9, § 1-45/HB 1055; Ga. L. 2013, p. 135, § 3/HB 354; Ga. L. 2015, p. 965, § 1/HB 401; Ga. L. 2019, p. 919, § 5-4/HB 553.)

The 2015 amendment, effective January 1, 2016, substituted "education program" for "learning program" in the first sentence of paragraph (9); deleted "and" at the end of paragraph (12); substituted "; and" for the period at the end of paragraph (13); and added paragraph (14).

The 2019 amendment, effective July 1, 2019, substituted the present provisions of paragraph (6) for the former provisions, which read: "To perform the functions set out in Code Section 20-1A-64, relating to improvement of the quality, availability, and affordability of child care in this state;".

For application of this statute in 2020, see Executive Order 08.31.20.02.

A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.


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