Section 20-14-96 - Accrediting agencies; standards; applicability; construction(a) As used in this article, the term: (1) "Accrediting agency" means a governmental organization or a person, firm, association, partnership, corporation, or other entity, whether for profit or not for profit, which purports to be a reliable authority as to the quality of education offered in public schools in this state.(2) "Public school" means any school under the control and management of a county, independent, or area board of education supported by public funds; any school subject to the provisions of Article 31 or 31A of Chapter 2 of this title supported by public funds; or any school under the control and management of the State Board of Education or a department or agency thereof supported by public funds.(3) "Recognized accrediting agency" means an accrediting agency that meets the requirements of this article for recognition as an evaluator as to the quality of education offered in public schools in this state by any office, agency, department, board, bureau, commission, institution, or other entity of the state government.(b) An accrediting agency shall not be deemed a recognized accrediting agency by any office, agency, department, board, bureau, commission, institution, or other entity of the state government, including, but not limited to, the State Board of Education, the Board of Regents of the University System of Georgia, the State Board of the Technical College System of Georgia, the Georgia Student Finance Authority, the Georgia Student Finance Commission, or the Office of Student Achievement, unless:(1) Such agency meets the following evaluation criteria that shall be established by the State Board of Education pursuant to this article: (A) Relevant evaluation criteria used by regional and national accrediting agencies and other relevant information as deemed appropriate by the State Board of Education;(B) Rigorous and appropriate measures of the quality of learning and teaching in public schools or school systems, as determined by the State Board of Education in collaboration with education professionals and prescribed as an appropriate percentage, which shall not be less than 65 percent, of the evaluation results, which measures shall: (i) Include all students regardless of ethnicity, sex, disability, language proficiency, and socioeconomic status; and(ii) Be disaggregated by all subgroups as required under the federal Elementary and Secondary Education Act, as amended; and(C) Rigorous and appropriate measures of the financial efficiency of a public school or school system which shall include an analysis of how federal and state funds spent by the public school or school system impact quality of learning and teaching, with such measures comprising an appropriate percentage of the evaluation results as determined by the State Board of Education;(2) Such agency demonstrates the ability and the experience to operate as a recognized accrediting agency in this state;(3) The principal purpose of such agency is the accreditation of public schools and schools systems in this state;(4) Such agency has a voluntary membership of public schools, school systems, and programs;(5) Such agency consistently applies and enforces evaluation criteria that ensure the courses or programs of instruction, training, or study offered by a public school or school system, including virtual instruction, are of sufficient quality to achieve, for the duration of the accreditation period, the stated objective for which the courses or programs are offered;(6) Such agency consistently adheres to procedures throughout the accreditation process, including evaluation and withdrawal procedures, that comply with due process, including: (A) Adequate specification of requirements and deficiencies at the public school or school system being evaluated; provided, however, that all requirements or deficiencies specified by such agency are directly related to measures of quality of learning and teaching and financial efficiency; provided, further, that any findings, comments, or notes included in an evaluation that are not directly related to quality of learning and teaching or financial efficiency shall not provide the basis for any adverse action against a public school or school system by such agency, including, but not limited to, denial, withdrawal, suspension, or termination of accreditation or placement of a public school or school system on any probationary status;(B) Notice of an opportunity for a hearing by a public school or school system;(C) The right to appeal any adverse action against a public school or school system; and(D) The right to representation by counsel for a public school or school system;(7) Such agency notifies the State School Superintendent within 30 days of the accreditation of a public school or school system or of any final denial, withdrawal, suspension, or termination of accreditation or placement on probation of a public school or school system, together with any other adverse or remedial action recommended with respect to such public school or school system;(8) Such agency, either directly or indirectly by means of a related entity, by contract or otherwise, does not offer or agree to provide any services or materials for an additional fee or other consideration intended to assist a public school or school system with addressing any requirement or deficiency or other issue raised by such agency at the time of the evaluation for accreditation of such public school or school system; and(9) Such agency makes available to the public and the State School Superintendent, upon request: (A) A summary of any evaluation resulting in a final decision involving the approval, denial, termination, withdrawal, suspension, or probation of a public school or school system's accreditation, together with the comments of such public school or school system; and(B) A copy of any complaint or report upon which such agency initiates, or provides notice to a public school or school system of the intent to initiate, any intervention, investigation, or evaluation of such public school or school system's accreditation status; provided, however, that personally identifiable information of the person, persons, or entity that submitted the complaint or report may be redacted to the extent necessary to comply with the confidentiality protections provided under Code Section 45-1-4 or other applicable law relating to the confidentiality of complaints against organizations that receive public funds.(c)(1) An accrediting agency shall not apply any standards, measures, or evaluation criteria not in compliance with state law.(2) The State Board of Education shall be authorized to determine whether an accrediting agency is not in compliance with the provisions of paragraph (1) of this subsection. The State Board of Education shall notify such accrediting agency upon making such determination and shall allow no more than 30 days for such accrediting agency to demonstrate compliance with such provisions.(d) The provisions of this article shall not apply to any initial or renewal agreement by and between any public school or school system in this state and any accrediting agency entered into before July 1, 2023.(e) Nothing in this article shall be construed to:(1) Require any public school or school system in this state to be accredited; or(2) Prohibit or restrict an accrediting agency from adopting evaluation criteria and procedures not provided for in this article; provided, however, that to the extent an accrediting agency adopts evaluation criteria or procedures which are inconsistent with the provisions of this article, such accrediting agency may not be deemed a recognized accrediting agency.Added by 2023 Ga. Laws 252,§ 2, eff. 7/1/2023.