2020 Georgia Code
Title 20 - Education
Chapter 1A - Early Care and Learning
Article 2 - Background Checks
§ 20-1A-38. Change of Directors; Records Check Requirements

1. If the director of a licensed, commissioned, or permitted early care and education program ceases to be the director of that early care and education program, the license holder, commission holder, or permit holder shall thereupon designate a new director. After such change, the license holder, commission holder, or permit holder of that early care and education program shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that early care and education program, including a records check application. Such individuals shall also submit all necessary applications, fees, and acceptable fingerprints to GCIC and appropriate agencies. If the department determines that such newly designated director has received a comprehensive records check determination that is satisfactory and that includes a records check clearance date that is no more than 12 months old, notwithstanding Code Section 20-1A-45, or had an unsatisfactory determination reversed pursuant to Code Section 20-1A-43 within the prior 12 months, notwithstanding Code Section 20-1A-45, such determination shall be deemed to be satisfactory for purposes of this article. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33.
2. If the department determines under subsection (a) of this Code section that a licensed, commissioned, or permitted early care and education program knows or should reasonably know that the newly designated director has a criminal record or an unsatisfactory determination issued by the department that has not been reversed pursuant to Code Section 20-1A-43, notwithstanding Code Section 20-1A-45, and allows the director to be present at a facility while children are present for care or to reside in the facility, then the license, commission, or permit for that program shall be revoked.

(Code 1981, §20-1A-38, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 507, § 2-4/SB 336; Ga. L. 2018, p. 1101, § 10/HB 494.)

The 2015 amendment, effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: "(a) If the director of a facility ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department in writing of such change and of any additional information the department may require regarding the newly designated director of that facility, including a fingerprint records check application. If the department determines that such newly designated director has had a satisfactory fingerprint records check determination or an unsatisfactory determination reversed pursuant to Code Section 20-1A-43 within the prior 12 months, such determination shall be deemed to be satisfactory for purposes of this article. The license of that facility shall not be adversely affected by that change in director, and the licensee shall be so notified.

"(b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or state or national fingerprint records check determination of the newly designated director which has not been legally reversed, the center and that director shall be so notified. The license for that director's facility shall be indefinitely suspended or revoked unless the unsatisfactory determination as to that director is reversed in accordance with Code Section 20-1A-43 or the center designates another director pursuant to the provisions of this Code section relating to a change of director.

"(c) If the department determines under subsection (a) of this Code section that there have been no satisfactory or legally reversed fingerprint records check determinations regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the center. Upon such notification, the newly designated director shall follow the procedures for new directors as outlined in Code Section 20-1A-39, or the license of that facility shall be indefinitely suspended or revoked."

The 2018 amendments. The first 2018 amendment, effective July 1, 2018, in subsection (a), deleted "the" preceding "GCIC" near the end of the third sentence, in the fourth sentence, deleted "satisfactory" preceding "fingerprint records check" near the middle, inserted "is satisfactory and that" in the middle, and added the fifth sentence. The second 2018 amendment, effective July 1, 2018, inserted ", notwithstanding Code Section 20-1A-45" twice in the last sentence of subsection (a) and in the middle of subsection (b); in subsection (a), deleted "fingerprint" preceding "records check" near the end of the second sentence, substituted "fingerprints to GCIC and appropriate agencies" for "fingerprints to the GCIC" at the end of the third sentence, and substituted "comprehensive" for "fingerprint" near the middle of the last sentence; and substituted "be present at a facility while children are present for care or to reside in the facility, then the license, commission, or permit for that program" for "reside at an early care and education program or be present at an early care and education program while children are present for care, then the license, commission, or permit for that facility" near the end of subsection (b).

- For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Rev. 119 (2018).