2021 Georgia Code
Title 20 - Education
Chapter 4 - Vocational, Technical, and Adult Education
Article 2 - Technical and Adult Education
§ 20-4-17. Agencies to Receive Federal Funds; Transfer of Personnel to Department of Technical and Adult Education, Now Known as Technical College System of Georgia

1. The Department of Education is designated as the sole state agency to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or technical education; provided, however, that those funds appropriated for the operation and management of postsecondary technical, adult, and industrial programs shall be placed under the jurisdiction and control of the Department of Technical and Adult Education, now known as the Technical College System of Georgia; provided, further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions authorized for fiscal year 1986 for the operation and management of postsecondary technical schools and adult centers, as well as a proportionate share of those positions authorized for fiscal year 1986 for planning, evaluation, program improvement, and other administrative and discretionary purposes, shall be transferred to the Technical College System of Georgia. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, the Teachers Retirement System of Georgia, and the rules of the State Personnel Board.
2. The Department of Technical and Adult Education, now known as the Technical College System of Georgia, is designated as the sole state agency to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for adult literacy education programs. Those personnel positions authorized for fiscal year 1988 solely for the management, coordination, planning, evaluation, administration, and program improvement of adult literacy education programs, and associated office equipment and furniture, shall be transferred to the Department of Technical and Adult Education, now known as the Technical College System of Georgia. All officials and employees in such positions are also transferred to the Department of Technical and Adult Education, now known as the Technical College System of Georgia, and shall retain all existing rights under the Employees' Retirement System of Georgia, the Teachers Retirement System of Georgia, and the rules of the State Personnel Board.

(Code 1981, §20-4-17, enacted by Ga. L. 1988, p. 1252, § 2; Ga. L. 2008, p. 335, § 2/SB 435; Ga. L. 2009, p. 8, § 20/SB 46; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2010, p. 878, § 20/HB 1387; Ga. L. 2012, p. 446, § 2-28/HB 642.)

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarities of the statutory provisions, an opinion under former Code 1933, § 32-2220, which was subsequently repealed but was succeeded by provisions in this Code section, is included in the annotations for this Code section.

- State Board of Education is authorized to receive federal funds along with other donations, gifts, and other resources; therefore, if the board has been approved by the Veterans Education Council as an institution for providing related instruction for on-the-job-trainee veterans, the board is authorized by state law to receive funds from the Veterans Administration for reimbursing the costs incident to providing this related training which, under the approval tendered by the council, the board administers and supervises. 1945-47 Op. Att'y Gen. p. 201 (decided under former Code 1933, § 32-2220).

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, § 357 et seq.