Financing Construction of Facilities for Voluntary Consolidation

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  2. Georgia Code
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  4. Elementary and Secondary Education
  5. Quality Basic Education
  6. Organization of Schools and Systems
  7. Financing Construction of Facilities for Voluntary Consolidation

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  1. In the event a local school system is voluntarily merged with one or more adjoining local school systems under the provisions of Code Section 20-2-60 or Code Sections 20-2-370 through 20-2-372, all local school systems which are party to such voluntary merger shall not be required to finance any portion of the costs for new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate the merger of the school systems, subject to appropriation by the General Assembly.
  2. In the event two or more local school systems voluntarily consolidate two or more elementary, middle, or high schools into a single school which meets or exceeds the minimum sizes specified in subsection (q) of Code Section 20-2-260 or 100 percent of the student population for the respective school level from all local school systems which are party to the consolidation will attend such school, all local school systems involved in such consolidation shall not be required to finance any portion of the costs of new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate such school consolidation.
  3. As used in this subsection, the term:
    1. Reserved.
    2. Reserved.
    3. Reserved.
    4. "Elementary school" is defined as a school which contains any grade below grade four and does not contain any grade above grade eight.
    5. "High school" is defined as a school which contains any grade above grade eight.
    6. "Middle school" is defined as a school which contains no grade below grade four and no grade above grade eight.
    7. Reserved.
    8. "School level" is defined as a grade range which is consistent with paragraph (4), (5), or (6) of this subsection.

      In the event a local school system consolidates an elementary, a middle, or a high school which is smaller than the minimum size specified in subsection (q) of Code Section 20-2-260 for that respective school with one or more other schools of the same school level within the same local school system, resulting in the consolidated school or schools being at least as large as the minimum size specified in subsection (q) of Code Section 20-2-260 or containing all the students within the local school system for the respective school level:the local school system shall be required to finance one-half the costs that the local school system would otherwise be required to finance under the provisions of Code Section 20-2-260 for any new construction or any renovation of existing facilities needed to effectuate such consolidation of schools.

  4. All benefits to local school systems as provided under this Code section shall be conditioned upon the following:
    1. No student shall be expected or required to travel a greater time than the maximum travel time prescribed by the State Board of Education to attend a school unless the state board explicitly authorizes an exemption based upon the greater good for all students which will result from such local school system merger or school consolidation; and
    2. In the event of such local school system merger or school consolidation, all instructional facilities will be utilized for public educational purposes to the extent feasible and practical.
  5. All benefits to local school systems as provided under subsections (a) and (b) of this Code section shall be conditioned upon the following:
    1. The local boards of education which are potential parties to a merger of local school systems or a consolidation of schools have approved resolutions requesting the State Board of Education to conduct a feasibility study;
    2. The state board has conducted a feasibility study;
    3. The local boards of education which are to be parties to a merger of local school systems or a consolidation of a school or schools have approved the recommendations of the feasibility study;
    4. The voters of the affected local school systems, if appropriate, have approved the merger of the local school systems; and
    5. The state board has approved the recommendations of the feasibility study.

(Code 1981, §20-2-291, enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1994, p. 1325, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Eligibility for facilities funding.

- Local board of education which voluntarily consolidates two high schools, thereby obtaining a number of full-time students of 485 or more but less than 970 students, and which complies with the capital outlay requirements of O.C.G.A. § 20-2-260 is eligible for facilities funding under subsection (b) of O.C.G.A. § 20-2-291 if the new high school will serve more than 485 full-time equivalent students. 1986 Op. Att'y Gen. No. U86-37.


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