(a) If a local unit of administration fails
to comply with provisions of law, rules, regulations, or terms of any contract
with the state board, the state board may at its discretion withhold all or
part of the state-contributed Quality Basic Education program funds allotted to
that local unit until full compliance is met by the local unit.
(b) In the absence of federal regulations
specifying procedures for withholding federal funds, the state board shall
adhere to these rules when authorized to withhold federal funds.
Before the state superintendent of schools informs the Georgia Board of
Education that a local unit of administration is in noncompliance with any law,
rules, regulations, standards, requirements or the terms of any contract for
purposes of withholding state funds or federal funds, where applicable, the
following procedures shall be followed:
The state school superintendent or designee shall inform the local unit of
administration of the specific areas of noncompliance.
(b) The local unit of administration shall
have 30 calendar days from the date of notification to submit evidence of
resolution to the department.
If the noncompliance issue is not resolved by the end of the 30 days, the state
school superintendent or designee shall so inform the local unit of
administration that a recommendation to withhold will be forwarded to the State
Board of Education with the specific areas of noncompliance of the particular
local unit of administration noted.
(d) The state school superintendent shall
inform the state board when any local unit of administration fails to comply
with any provisions of law, rules, regulations, or terms of any contract with
the state board if the noncompliance issue is not resolved, and shall recommend
that the state board withhold state funds totally or in part until the local
unit of administration complies.
(e) Should the state board exercise its
discretion to withhold a portion or all of the state QBE funds from the local
unit of administration, the board, through the state school superintendent's
office, shall inform the local unit of administration of the board's intention
to withhold funds at least 30 days prior to the intended date of withholding
(f) The local unit of
administration shall be informed in writing of the areas of noncompliance and
which fund are going to be withheld. The letter shall also state that the local
unit of administration is entitled to a hearing on the matter according to the
provisions of paragraph (3) of this rule, provided the local unit of
administration requests a hearing within 30 calendar days of receipt of the
(g) Should the board
of the local unit of administration invoke the appeals procedure, no funds
shall be withheld until all appeals have been exhausted.
(a) The State Board of Education assumes
original jurisdiction in matters of this nature. The vice chairperson for
appeals or a hearing officer employed by the state board shall be responsible
for conducting hearings before the state board and shall acquaint the members
of the state board with the matter to be considered.
(b) The local unit of administration shall
submit within 30 calendar days a written request to the state school
superintendent that a hearing be held before the Georgia Board of Education.
The request shall distinctly specify the question in dispute and the reasons
for the dispute.
(c) Upon receipt
of the request for a hearing, the state school superintendent shall determine
whether the request is in proper form for hearing by the state board. The state
school superintendent may procure the assistance of the Georgia Attorney
General and the State of Georgia, Department of Law in making this
determination. If the appeal is found to be in proper form for hearing, it
shall be docketed and placed on the calendar for hearing before the state board
at the earliest practical time, and the claimant shall be notified by mail of
the time and place of hearing.
At the hearing, all witnesses shall be sworn in by the vice chairperson or any
member of the board or its attorney. The state board shall cause the testimony
and other evidence to be transcribed by a court reporter or other appropriate
means. All witnesses sworn and testifying shall be subject to reasonable
cross-examination, but the strict rules of evidence prevailing in courts of law
shall not be applicable to hearings before the state board.
(e) Following action by the board, the vice
chairperson for appeals or the hearing officer shall draft the ruling of the
state board and furnish copies to the claimant.
(f) The State Board of Education shall render
its decision within 25 calendar days from the date of the first board meeting
following the date of the hearing or 10 days after the hearing when funds are
being withheld pursuant to provisions of the Individuals with Disabilities
Education Act (IDEA).
Noncompliance with rules.
(a) Failure to comply with any of the
provisions of these rules relating to a hearing will be grounds for dismissal
of the hearing.
(b) If the local
unit of administration feels aggrieved by the final decision of the state board
following such hearing, the local unit of administration shall have the right
to obtain judicial review of such decision in accordance with the requirements
of O.C.G.A. §
provisions of this rule are hereby declared to be separable, and the
invalidation of any sentence, section or part hereof shall not affect or
invalidate any other sentence, section or part thereof.
Ga. Comp. R. & Regs.
Original Rule entitled
"Withholding of Funds From Local Units of Administration" adopted. F.
Nov. 30, 1990; eff.
Dec. 20, 1990.
Amended: F. Apr. 22,
1994; eff. May 12,
Amended: F. Sept. 12,
2002; eff. Oct. 2,