SB22: SB22 State School Superintendent; Department of Education to publish relevant and applicable federal guidance documents and related information; require

Federal agencies, especially the U.S. Department of Education, regularly issue guidance documents such as memos, bulletins, and policy statements that are not formal regulations but still shape how states run their schools. Currently Georgia has no specific law requiring the state to make these documents public or explain its response to them. This bill would change that by amending O.C.G.A. § 20-2-37. Under the bill, when the State School Superintendent or Department of Education decides a federal guidance document is relevant to their duties, the department would have to post it publicly within 15 days, and post a written response within 45 days explaining which laws it touches, how it will be implemented, and whether the state has objected to it. Rescinded guidance would also have to be tracked. Every year by August 1, the Superintendent must send a written report on all this to several House and Senate committees, the Office of Legislative Counsel, and state budget offices. The State Board of Education may adopt rules to carry out these requirements.

• Requires the Department of Education to publicly post any federal guidance document it deems relevant within 15 calendar days of receiving it.
• Requires a written response to each posted guidance document within 45 days, covering which laws it affects, how it will be implemented, and any objections raised with the federal agency.
• Requires the department to clearly mark rescinded guidance documents and keep a running list of them on a dedicated web page.
• Requires the State School Superintendent to send an annual written report by August 1 to specified House and Senate committees, the Office of Legislative Counsel, and state budget offices.
• Authorizes the State Board of Education to adopt rules to implement these new publication and reporting requirements.
• Defines 'federal agency' and 'guidance document' broadly, covering memos, bulletins, press releases, and digital or audio materials, but excluding formal regulations issued through notice-and-comment rulemaking.

The Department of Education, the State School Superintendent, and the State Board of Education, which must track and publish federal guidance, along with legislative committees on education, higher education, and appropriations and state budget offices that receive the annual reports.

Georgians, school districts, and lawmakers would gain a public, searchable record of federal education guidance the state receives and how it plans to respond, making it easier to see whether and how federal policy directives are being adopted or resisted at the state level.

• Section 1 rewrites O.C.G.A. § 20-2-37 to define 'federal agency' and 'guidance document,' explicitly excluding formal rules issued under federal notice-and-comment procedures.
• Subsection (b)(1) requires publication of relevant guidance documents within 15 days of receipt.
• Subsection (b)(2) requires a written response within 45 days addressing affected statutes, implementation plans, and any objections communicated to the federal agency.
• Subsection (b)(3) requires the department to flag rescinded guidance documents and maintain a separate list of them.
• Subsection (c) requires all this material to be posted on a dedicated, searchable web page linked from the department's home page.
• Subsection (d) requires an annual written report by August 1 to multiple legislative committees and budget offices detailing the web page link, guidance documents, written responses, and any rules adopted.
• Subsection (e) authorizes the State Board of Education to adopt implementing rules.
• Section 2 repeals conflicting laws.

1. 2026-01-12Senate Recommitted (Senate)
2. 2025-02-06Senate Read Second Time (Senate)
3. 2025-02-05Senate Committee Favorably Reported (Senate)
4. 2025-01-27Senate Read and Referred (Senate)
5. 2025-01-17Senate Hopper (Senate)

• Blake Tillery (R, SD-019)Primary sponsor
• Larry Walker (R, SD-020)
• Matt Brass (R, SD-006)
• Shawn Still (R, SD-048)
• Max Burns (R, SD-023)
• Marty Harbin (R, SD-016)
• Jason Anavitarte (R, SD-031)
• Bo Hatchett (R, SD-050)
• Brandon Beach (R, SD-021)
• Chuck Hufstetler (R, SD-052)
• Randy Robertson (R, SD-029)
• Ed Setzler (R, SD-037)
• Russ Goodman (R, SD-008)
• Sam Watson (R, SD-011)
• Greg Dolezal (R, SD-027)
• Brian Strickland (R, SD-042)
• Drew Echols (R, SD-049)
• Clint Dixon (R, SD-045)
• Carden Summers (R, SD-013)

• education policy
• state education department
• federal guidance transparency
• school superintendent
• legislative oversight