Georgia Code
Part 2 - Office of Student Achievement
§ 20-14-26.1. [Effective Until December 31, 2023. See note.] Authority to Incorporate Nonprofit Corporation as Public Foundation; Requirements; Public Education Innovation Fund Foundation; Reporting; Dissolution

The Department of Revenue shall post on its website the information received pursuant to divisions (i) through (iii) of this subparagraph.
(b.1) (1) Pursuant to this Code section, the office may incorporate a nonprofit corporation to be designated as the Public Education Innovation Fund Foundation to promote public-private partnerships between businesses, nonprofit organizations, institutions of higher education, local school systems, and public schools, for the purpose of improving student achievement. Funds received by the foundation may be awarded through a competitive grant process administered by the office. The General Assembly may appropriate funds for purposes of this foundation beginning in Fiscal Year 2015.
(2) (A) Such foundation shall also be authorized to receive donations from taxpayers pursuant to Code Section 48-7-29.21 for the purpose of awarding grants to public schools for the implementation of academic and organizational innovations to improve student achievement, with priority given to schools that have performed in the lowest 5 percent of schools in this state identified in accordance with the state-wide accountability system established in the state plan pursuant to the federal Every Student Succeeds Act, and for the dissemination of information regarding successful innovations to other public schools in this state. Funds received by the foundation for such purpose may be awarded through a competitive grant process administered by the office. The criteria for awarding such grants shall include the potential to which the innovation is likely to result in the proposed improvement, the potential for widespread adoption of such innovation by other public schools in the state, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the office may deem appropriate and necessary. The foundation shall not be authorized to withhold any funds to cover costs incurred in administering the grant process.
(B) The foundation shall report to the Department of Revenue, on a form provided by the Department of Revenue, by January 12 of each tax year the following:
(C) Except for the information reported pursuant to divisions (i) through (iii) of subparagraph (B) of this paragraph, all information or reports provided by the foundation to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether it relates to the donor or the foundation.
(3) The rights and authority granted in paragraph (1) and subparagraph (A) of paragraph (2) of this subsection shall expire at 12:00 Midnight on December 31, 2021.
(4) The office shall take appropriate lawful steps to accomplish the dissolution of the foundation after December 31, 2021. Upon dissolution of the foundation, any assets derived from the receipt of taxpayer donations pursuant to subparagraph (A) of paragraph (2) of this subsection shall revert to the nonprofit corporation incorporated by the Georgia Foundation for Public Education as provided for in subsection (g.1) of Code Section 20-2-14.1, or, failing such succession, to the State of Georgia.
History. Code 1981, § 20-14-26.1 , enacted by Ga. L. 2013, p. 1061, § 32/HB 283; Ga. L. 2014, p. 866, § 20/SB 340; Ga. L. 2017, p. 100, § 1/HB 237; Ga. L. 2021, p. 248, § 2/SB 66.
Delayed effective date.
Code Section 20-14-26.1 is set out twice in this Code. This version is effective until December 1, 2023. For version effective December 1, 2023, see the following version.
The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, substituted “office” for “department” in the first sentence of subsection (a).
The 2017 amendment, effective April 27, 2017, and repealed effective December 31, 2023, designated the existing provisions of subsection (b.1) as paragraph (b.1)(1); added paragraph (b.1)(2); and added “, except as otherwise provided in paragraph (2) of subsection (b.1) of this Code section” at the end of first sentence in subsection (c). See Editor’s notes for applicability.
The 2021 amendment, effective July 1, 2021, substituted “incorporated” for “created” throughout this Code section; substituted “Except as provided in paragraph (3) of subsection (b.1) of this Code section, upon” for “Upon” at the beginning of paragraph (b)(2); in paragraph (b.1)(1), in the first sentence, substituted “incorporate” for “establish” near the beginning, and substituted “public-private partnerships” for “Public-Private Partnerships” in the middle; and added paragraphs (b.1)(3) and (b.1)(4).
Editor’s notes.
Ga. L. 2017, p. 100, § 3/HB 237, as amended by Ga. L. 2018, p. 644, § 5/HB 217, not codified by the General Assembly, provides, in part, that this Act “shall be applicable to all taxable years beginning on or after January 1, 2018.”
Ga. L. 2018, p. 644, § 5/HB 217, extended the automatic repeal provision in Ga. L. 2017, p. 100, § 3(b)/HB 237 of the amendment made by Ga. L. 2017, p. 100, § 1/HB 237, from December 31, 2020, to December 31, 2023.