Programs for Care and Supervision of Students Before School, After School, or During Vacation Periods

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  1. The General Assembly of Georgia, recognizing the need for providing school age children with programs outside the normal school curriculum that enable them to reach their full potential as students within that curriculum, hereby declares that programs which provide for the care and supervision of such students outside of normal school hours and during vacation periods serve an educational purpose, in that they are necessary or incidental to public education and can be an integral part of the total school program offered by public schools in this state.
  2. The board of education of any county, area, or independent school system is authorized to establish and operate, contract for, or otherwise make provisions for programs that provide care and supervision before school, after school, or during vacation periods, or during any combination of these time periods, for school age children who are temporary or permanent residents of the geographical area served by such system.
  3. Consistent with existing local rules, regulations, policies, or procedures, a local board of education shall conduct a needs assessment, the scope and methodology of which shall be determined solely by the board, before establishing, operating, contracting for, or otherwise making provisions for programs defined in subsection (b) of this Code section.
  4. In accordance with the requirements of Code Section 50-14-1, the local board of education shall notify the public of the board's intention to vote whether to provide programs as defined in subsection (b) of this Code section.A local board of education shall provide such additional notice or proceedings as deemed appropriate to solicit public comment and review of the board's actions regarding any programs defined in subsection (b) of this Code section.

(Code 1981, §20-2-65, enacted by Ga. L. 1992, p. 1831, § 1.)

Code Commission notes.

- Ga. L. 1992, p. 1010, § 3, and Ga. L. 1992, p. 1831, § 1, both enacted a Code Section 20-2-64. Pursuant to Code Section 28-9-5, in 1992, the section enacted by Ga. L. 1992, p. 1831, § 1, was renumbered as Code Section 20-2-65.

JUDICIAL DECISIONS

Program as governmental function.

- An after-school program operated by a school district in accordance with O.C.G.A. § 20-2-65 is a governmental activity serving an educational purpose; therefore, the school district was entitled to sovereign immunity even though a fee was paid. Dollar v. Dalton Pub. Schs., 233 Ga. App. 827, 505 S.E.2d 789 (1998).


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