Georgia Code
Subpart 2 - Compulsory Attendance
§ 20-2-690. Educational Entities; Requirements for Private Schools and Home Study Programs; Learning Pod Protection

History. Code 1981, § 20-2-690 , enacted by Ga. L. 1984, p. 1266, § 1; Ga. L. 1985, p. 149, § 20; Ga. L. 1986, p. 10, § 20; Ga. L. 1997, p. 760, § 4; Ga. L. 2001, p. 4, § 20; Ga. L. 2004, p. 945, § 1; Ga. L. 2012, p. 358, § 30/HB 706; Ga. L. 2012, p. 648, § 1/HB 39; Ga. L. 2013, p. 141 § 20/HB 79; Ga. L. 2013, p. 1061, § 23/HB 283; Ga. L. 2015, p. 60, § 3-2/SB 100; Ga. L. 2015, p. 1376, § 35/HB 502; Ga. L. 2019, p. 654, § 2/HB 530; Ga. L. 2021, p. 552, § 2/SB 42; Ga. L. 2021, p. 556, § 1/SB 246; Ga. L. 2022, p. 168, § 2(4)/SB 397.
The 2021 amendments.
The first 2021 amendment, effective July 1, 2021, inserted “documents for purposes of verification as set forth in subsection (c) of Code Section 20-2-319.6,” near the end of the second sentence of paragraph (c)(6). The second 2021 amendment, effective July 1, 2021, added subsection (f).
The 2022 amendment, effective July 1, 2022, substituted “state approved high school equivalency (HSE)” for “general educational development” twice in paragraph (c)(3).
Cross references.
Definition of truant child, § 15-11-381 .
Code Commission notes.
Pursuant to Code Section 28-9-3 , in 2012, the amendment of paragraph (c)(6) of this Code section by Ga. L. 2012, p. 358, § 30/HB 706, was treated as impliedly repealed and superseded by Ga. L. 2012, p. 648, § 1/HB 39, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).
Pursuant to Code Section 28-9-5, in 2021, “subsection” was substituted for “act” in the second sentence of paragraph (f)(9).
Editor’s notes.
Ga. L. 1984, p. 1266, § 1 repealed former Code Section 20-2-690 and substituted in lieu thereof present Code Sections 20-2-690 and 20-2-690.1. Present Code Section 20-2-690.1 is essentially a continuation of the provisions of former Code Section 20-2-690. See the editor’s notes to Code Section 20-2-690.1.
Ga. L. 1997, p. 760, § 27(a), not codified by the General Assembly, provides: “Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 1997, and shall apply to offenses committed on or after that date and, except for subsection (b.1) of Code Section 40-5-67.1 as enacted by this Act, this Act shall not apply to offenses committed prior to that date.”
Ga. L. 2012, p. 648, § 6/HB 39, not codified by the General Assembly, provides that the amendment by that Act shall apply beginning with school year 2012-2013.
Ga. L. 2013, p. 141, § 54(f)/HB 79, not codified by the General Assembly, provides: “In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2013 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provisions in Sections 1 through 53 of this Act to the extent of the conflict.” Accordingly, the amendment to paragraph (c)(2) of this Code section by Ga. L. 2013, p. 141, § 20(7)/HB 79 was not given effect.
Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides, in part, that this Act shall apply to offenses which occur on or after July 1, 2015.
Ga. L. 2019, p. 654, § 1/HB 530, not codified by the General Assembly, provides: “It is the intent of the General Assembly to prevent parents or guardians from withdrawing or removing a child from a public school for the purpose of taking active steps to evade detection of child abuse and neglect.”
For application of this statute in 2020 and 2021, see Executive Orders 03.27.20.02, 09.30.20.02, 10.15.20.01, 10.30.20.02, 11.13.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, 05.28.21.02, 06.30.21.02, 07.22.21.02, 08.19.21.02, and 09.20.21.02.
A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.
Law reviews.
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 203 (1997).
For note, “A Constitutional Analysis of Compulsory School Attendance Laws in the Southeast: Do They Unlawfully Interfere with Alternatives to Public Education?,” see 8 Ga. St. U.L. Rev. 457 (1992).