2021 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 6 - Quality Basic Education
Part 2 - Competencies and Core Curriculum
§ 20-2-142. Prescribed Courses

1. 1. All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner and at the grade level prescribed by the State Board of Education:
      1. A course of study in the background, history, and development of the federal and state governments and a study of Georgia county and municipal governments; and
      2. A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals which shall include a study of the Pledge of Allegiance to the flag of the United States and the Georgia flag in addition to other institutions and ideals.
   2. No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraphs (3) and (4) of this subsection. For students moving to Georgia and unable to take the course or courses available to fulfill these requirements in the grade level in which such course or courses are ordinarily offered, the State Board of Education may develop alternative methods, which may include but shall not be limited to an on-line course of study, for such students to learn about and demonstrate an adequate understanding of federal or Georgia history and government.
   3. Disabled students who are otherwise eligible for a special education diploma pursuant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the disabled students must enroll in and successfully complete both of these courses.
   4. The State Board of Education shall promulgate rules and regulations governing the required course of study in the history of Georgia and in the essentials of the Georgia Constitution for students who transfer from another state after having completed the year in which such course or courses are ordinarily offered. The State Board of Education is authorized to provide for exemptions to the required course of study for such students and for students whose parent or parents serve in the armed forces of the United States.
2. 1. The State Board of Education and the Board of Driver Services shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Driver Services shall jointly, by rules or regulations, determine the contents of the course and its duration. The commissioner of driver services shall make available officers, employees, officials, agents, contractors, or other appropriate representatives as determined by the commissioner of driver services to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board.
   2. The alcohol and drug course required by this subsection shall make available as a part of such course a voluntary parent or guardian participation component which substantially complies with the following requirements:
      1. A joint session with the parent or guardian and child which provides opportunities for parents or guardians to voluntarily participate in the guidance and delivery of the antidrug and antialcohol instruction; and
      2. A separate voluntary component solely for parental or guardian instruction that provides drug prevention strategies, legal accountability information, an opportunity for parent or guardian questions, and any other information that would offer parents or guardians a framework for the protection of their children from alcohol and other drug use.
   3. All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students and their parents or guardians the alcohol and drug course provided in this subsection.
   4. The commissioner of driver services shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of driver services shall offer the alcohol and drug course periodically at various locations in this state in the manner provided by the Board of Driver Services. The commissioner shall also be authorized to offer such course electronically online or in such other manner as determined appropriate by the commissioner.
3. 1. The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall establish minimum time requirements and standards for its administration. The course shall include instruction concerning the impact of alcohol, tobacco, vapor products, and drug use upon health. A manual setting out the details of such courses of study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Public Health, the state board, and such expert advisers as they may choose. The Department of Education is directed to assemble or develop instructional resources and materials concerning alcohol and drug abuse, taking into consideration technological enhancements available for utilization of such instructional resources.
   2. The State Board of Education shall prescribe a course of study in human trafficking awareness for grades six through 12, which may be included as part of the health and physical education course of study provided for in paragraph (1) of this subsection.
4. The funds allocated under Code Section 20-2-13 shall be used for the purpose of creating and maintaining state educational research services for purposes which shall include, but shall not be limited to, the following:
   1. For the development, production, and procurement of curriculum materials and units of instruction on the scientific facts in regard to the influence and effect of alcohol on human health and behavior and on social and economic conditions, including suggested methods of instruction in ways of working with boys and girls and young people in the various age groups and grade levels of the public schools of the state, as aids to classroom teachers and others responsible for the conduct of the educational program in the public schools;
   2. For the publication, procurement, and dissemination of curriculum materials, units of instruction, and suggested methods of instruction relating to the influence and effect of alcohol on human health and behavior and on social and economic conditions for the school teachers and educational officials in the various local school systems of the state, the Department of Education, and the various educational institutions of the state which are engaged in the education and training of teachers; and
   3. For cooperative work, by and between the state educational research service and the local school systems of the state, the Department of Education, and the educational institutions of the state which are engaged in the education and training of teachers, through conferences, study groups, demonstrations of methods and materials of instruction, and other means.
5. The state board is authorized to expend such amounts as may be necessary of the moneys allocated to it under Code Section 20-2-13 for the employment of a specialist or specialists or for contracting for the services of specialists in research and in development and production of curriculum materials and units of instruction on the scientific facts in regard to the influence of alcohol on human health and behavior and on social and economic conditions, including methods of instruction; for the employment of secretarial and clerical assistants and other office expenses; for expenses of conferences, study groups, and demonstrations; and for all other expenses necessary in carrying out the purposes of this Code section.
6. The state board shall make available uniformly to the public schools of the state and the educational institutions of the state engaged in the education and training of teachers the curriculum materials, the units of instruction, and the suggested methods of instruction which are developed under this Code section.

(Code 1981, §20-2-142, enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1990, p. 1972, § 2; Ga. L. 1992, p. 6, § 20; Ga. L. 1996, p. 6, § 20; Ga. L. 1996, p. 1600, § 1; Ga. L. 2000, p. 618, § 13; Ga. L. 2001, p. 4, § 20; Ga. L. 2004, p. 107, § 2; Ga. L. 2005, p. 60, § 20/HB 95; Ga. L. 2005, p. 334, § 9-1/HB 501; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2010, p. 413, § 1/SB 518; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2012, p. 72, § 1/SB 236; Ga. L. 2015, p. 1376, § 6/HB 502; Ga. L. 2021, p. 101, § 1/HB 287.)

The 2015 amendment, effective July 1, 2015, deleted "in its quality core curriculum" following "State Board of Education" at the end of paragraph (a)(1).

The 2021 amendment, effective July 1, 2021, designated the existing provisions of subsection (c) as paragraph (c)(1), inserted "vapor products," near the end of the second sentence in paragraph (c)(1), and added paragraph (c)(2).

- Possession of alcoholic beverages on public school grounds, § 3-3-21.1.

Sale of alcoholic beverages by or to minors, § 3-3-23 et seq.

Referral to victim assistance organizations of child suspected of being a victim of sexual exploitation or trafficking, § 15-11-130.1.

Trafficking of persons for labor sexual servitude, § 16-5-46.

- Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'A Plus Education Reform Act of 2000.'"

- Instruction in United States and Georgia history and government, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Division of General Instruction, Sec. 160-4-2-.07.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

JUDICIAL DECISIONS

Interscholastic sports not essential to prescribed curriculum.

- Although an important part of a school's program, interscholastic sports are extracurricular and are not essential to the prescribed curriculum which must be made available to all of Georgia's children. Smith v. Crim, 240 Ga. 390, 240 S.E.2d 884 (1977).

State board may require a lay advisory group's approval as to the 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 the textbook selection and does not in fact attempt to delegate the board's decision-making powers to the advisory committees. 1977 Op. Att'y Gen. No. 77-13.

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, § 349 et seq.

- 78A C.J.S., Schools and School Districts, § 1074 et seq.