2021 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 19 - Instructional Materials and Content
§ 20-2-1012. Committee Recommendations on Instructional Materials and Content; Additions to Approved Lists

1. 1. The State Board of Education may select a committee or committees of educators actually engaged in public school work in this state to examine instructional materials and content and make recommendations thereon to the state board. Such committee or committees may consist of such number of educators as the state board may deem advisable. They may serve for such time and for such duties as the state board may prescribe and may receive such compensation as may be fixed by the state board.
   2. In the event that it elects to provide for state approved instructional materials and content, the State Board of Education shall establish a review and recommendation process in accordance with this paragraph. Such process shall include the opportunity for public comment and parental input prior to the adoption of any proposed instructional materials and content. As part of such process, the State Board of Education shall post in a prominent location on its website a list of proposed instructional materials and content for public review, including the version or edition number, if applicable; the state funded course number for which the instructional resource will be used; and the identification number, in accordance with any guidelines established by the State Board of Education. The State Board of Education shall make all state approved instructional materials and content available for review upon request and may specify reasonable hours for review. If state instructional materials and content are approved, the state board shall designate at least one employee to serve as the contact person for any inquiries related to or requests for review of state approved instructional materials and content and to coordinate its efforts to comply with and carry out its responsibilities under this subsection.
2. In addition to any other method of instructional materials and content selection, the State Board of Education may add to the approved list of instructional materials and content for use in the public schools of this state any instructional materials and content requested in writing by:
   1. The superintendents of five or more different school systems; or
   2. Twenty or more teachers from at least 20 different school systems who teach and are certified to teach the courses encompassed by the instructional materials and content requested,

      if the requisite number of requests for the specified instructional materials and content are received within any 365 day period. Instructional materials and content so added to the approved list may be added within 30 days following the receipt by the state board of the requisite number of requests. No designation may be included upon the approved list which indicates the manner in which any instructional materials and content were added to the list. Other than the selection method, publishers whose instructional materials and content are added to the approved list as provided in this subsection shall be required to comply with the same rules regarding instructional materials and content as other publishers, including but not limited to price, durability, accessibility, and availability.

(Ga. L. 1937, p. 896, § 2; Ga. L. 1995, p. 1017, § 1; Ga. L. 2015, p. 1031, § 2-2/SB 89; Ga. L. 2016, p. 605, § 1/HB 739.)

The 2015 amendment, effective July 1, 2015, substituted "instructional materials and content" for "textbooks" in subsections (a), (b), and in the undesignated paragraph of subsection (b), substituted "instructional materials and content" for "textbook" in subsection (b), paragraph (b)(2), and in the undesignated paragraph of subsection (b), substituted "instructional materials and content" for "textbook or series of textbooks" in subsection (b), substituted "Instructional materials and content" for "A textbook" in the undesignated paragraph of subsection (b), substituted "instructional materials and content were" for "textbook was" in the undesignated paragraph of subsection (b), and inserted "accessibility," at the end of the undesignated paragraph of subsection (b).

The 2016 amendment, effective July 1, 2016, substituted "may" for "shall" throughout paragraph (a)(1) and in the first, second, and third sentences of subsection (b); designated the existing provisions of subsection (a) as paragraph (a)(1); deleted ", not exceeding five in each instance" following "advisable" at the end of the second sentence of paragraph (a)(1); added paragraph (a)(2); and deleted "required to be" preceding "added to the approved" in the second sentence of the undesignated ending paragraph of subsection (b).

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.

- Committee appointed by the State Board of Education has no authority other than that of being an advisor to the board. 1973 Op. Att'y Gen. No. 73-79.

- Legislative requirement that the State Board of Education appoint one or more advisory committees composed of educators cannot properly be construed as a prohibition against the board's listening to anyone else on the matter, or as to the board's discretionary power to appoint advisory committees of interested parties other than professional educators. 1977 Op. Att'y Gen. No. 77-13.

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, § 353.

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