Instructional Materials and Content

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  1. The State Board of Education is authorized to prescribe, by regulation, the definition of the term "instructional materials and content" to include but not be limited to systematically designed material in any medium, including digital instructional materials and content and any computer hardware, software, and technical equipment necessary to support such instructional materials and content, that constitutes the principal source of study for a state funded course to be used in the various grades in the public schools of this state, including the elementary grades and high school grades. The state board may provide, by regulation, for multiple listings of instructional materials and content for use in the various grades and may, in its discretion, authorize the local school superintendents to exercise a choice as between various instructional materials and content so listed or adopted for any particular grade.
  2. Nothing in this Code section shall be construed to exempt computer hardware or related equipment acquired by the state from competitive bidding.

(Ga. L. 1937, p. 896, § 1; Ga. L. 1994, p. 1667, § 1; Ga. L. 2010, p. 547, § 1/SB 319; Ga. L. 2011, p. 752, § 20/HB 142; Ga. L. 2015, p. 1031, § 2-2/SB 89.)

The 2015 amendment, effective July 1, 2015, in subsection (a), substituted the present provisions of subsection (a) for the former provisions, which read: "The State Board of Education is authorized to prescribe, by regulation, the definition of the term 'textbook' to include but not be limited to systematically designed material in any medium, whether print, nonprint, or digital including any computer hardware, software, and technical equipment necessary to support such material, that constitutes the principal source of study for a state funded course and to prescribe the textbooks to be used in the various grades in the public schools of this state, including the elementary grades and high school grades. The state board may provide, by regulation, for multiple listings of textbooks for use in the various grades and may, in its discretion, authorize the local school superintendents to exercise a choice as between textbooks so listed or adopted for any particular grade."

OPINIONS OF THE ATTORNEY GENERAL

State Board of Education may require lay advisory group's approval as to textbooks the board selects, provided that in so doing the board continues to exercise the board's own independent judgment and responsibility in making the final decisions concerning textbook selection and does not in fact attempt to delegate the board's decision-making powers to such advisory only committees. 1977 Op. Att'y Gen. No. 77-13.

State Board of Education rules pertaining to the adoption of textbooks, particularly the portion allowing local school system input, were consistent with regulatory statutes. 1996 Op. Att'y Gen. No. U96-9.

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, § 353.

C.J.S.

- 78A C.J.S., Schools and School Districts, § 1079.


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