HB293: HB293 Education; Protect Students First Act; repeal various provisions

25 LC 49 1972 House Bill 293 By: Representatives Miller of the 62nd, Carter of the 93rd, Glaize of the 67th, Willis of the 55th, Berry of the 56th, and others A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1 repeal various provisions of the “Protect Students First Act,” enacted by Ga. L. 2022, p.136,2 relating to divisive concepts; to repeal Code Section 20-1-11, relating to advocating for3 divisive concepts, prohibition on discrimination, practice of t olerance and mutual respect4 encouraged, complaint resolution policies, inspection of records, and waivers prohibited; to5 repeal a provision which prohibits basing certification and cla ssification of certain6 professional personnel upon completion of training programs whi ch advocate for certain7 concepts; to repeal a provision which prohibits certain performance standards and the code8 of ethics for educators to require completion of training programs which advocate for certain9 concepts; to provide for related matters; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in13 Article 1 of Chapter 1, relating to general provisions, by repe aling Code Section 20-2-11,14 relating to advocating for divisive concepts, prohibition on di scrimination, practice of15 H. B. 293 - 1 - 25 LC 49 1972 tolerance and mutual respect encouraged, complaint resolution p olicies, inspection of16 records, and waivers prohibited, in its entirety.17 SECTION 2.18 Said title is further amended in Subpart 1 of Part 6 of Article 6 of Chapter 2, relating to19 certificated professional personnel in elementary and secondary education, by revising20 subsection (a) and paragraph (1) of subsection (b) of Code Sect ion 20-2-200, relating to21 regulation of certificated professional personnel by Profession al Standards Commission,22 rules and regulations, and fees, as follows:23 "(a) The Professional Standards Commission shall provide, by re gulation, for certifying24 and classifying all certificated professional personnel employe d in the public schools of25 this state, including personnel who provide virtual instruction to public schools of this state,26 whether such personnel are located within or outside of this state or whether such personnel27 are employed by a local unit of administration. Such certification and classification shall28 not be dependent in whole or in part upon an individual participating in or completing any29 training program in which divisive concepts, as such term is de fined in Code Section30 20-1-11, are advocated for. No such personnel shall be employed in the public schools of31 this state unless they hold certificates issued by the commissi on certifying their32 qualifications and classification in accordance with such regul ations. The commission33 shall establish such number of classifications of other certificated professional personnel34 as it may find reasonably necessary or desirable for the operat ion of the public schools;35 provided, however, that such classifications shall be based only upon academic, technical,36 and professional training, experience, and competency of such personnel. The commission37 is authorized to provide for denying a certificate to an applicant, suspending or revoking38 a certificate, or otherwise disciplining the holder of a certif icate for good cause after an39 investigation is held and notice and an opportunity for a hearing are provided the certificate40 holder or applicant in accordance with subsection (d) of Code S ection 20-2-984.5. The41 H. B. 293 - 2 - 25 LC 49 1972 commission shall designate and define the various classifications of professional personnel42 employed in the public schools of this state that shall be required to be certificated under43 this Code section or under Code Section 20-2-206. Without limiting the generality of the44 foregoing, the term 'certificated professional personnel' means all professional personnel45 certificated by the commission and county or regional librarians.46 (b)(1) The Professional Standards Commission shall establish rules and regulations for47 appropriate requirements and procedures to ensure high-quality certification standards48 for all Georgia educators while facilitating the interstate mobility of out-of-state certified49 educators; provided, however, that such rules, regulations, requirements, and procedures50 shall not require an individual to participate in or complete any training program in which51 divisive concepts, as such term is defined in Code Section 20-1-11, are advocated for."52 SECTION 3.53 Said title is further amended in Subpart 1A of Part 2 of Article 16 of Chapter 2, relating to54 improved student learning environment and discipline in element ary and secondary55 education, by revising Code Section 20-2-739, relating to confl ict management and56 resolution and cultural diversity training programs, as follows:57 "20-2-739.58 On and after July 1, 2000, the Department of Education shall provide training programs in59 conflict management and resolution and in cultural diversity for voluntary implementation60 by local boards of education for school employees, parents and guardians, and students;61 provided, however, that after July 1, 2022, such training programs shall not advocate for62 divisive concepts, as such term is defined in Code Section 20-1-11."63 SECTION 4.64 Said title is further amended in Part 10 of Article 17 of Chapt er 2, relating to professional65 standards in elementary and secondary education, by revising su bsection (a) of Code66 H. B. 293 - 3 - 25 LC 49 1972 Section 20-2-984, relating to Professional Standards Commission — authority to create and67 implement standards and procedures for certifying educational p ersonnel, recommending68 standards and procedures for certification, continuation of tea ching certificates, and69 restrictions, as follows:70 "(a) The commission shall create and implement standards and procedures for certifying71 educational personnel as qualified for a certificate to practic e in the public schools of72 Georgia.; provided, however, that such standards and procedures shall n ot require an73 individual to participate in or complete any training program in which divisive concepts,74 as such term is defined in Code Section 20-1-11, are advocated for; provided, further, that75 such Such standards and procedures shall include the following:76 (1) Procedures for limiting the number and types of certificat es to the fewest possible77 consistent with providing qualified teachers for Georgia's schools;78 (2) In-service training and related requirements needed to ren ew or maintain79 certification;80 (3) Multiple or alternative routes to professional teacher certification, including, but not81 limited to, the alternative and nontraditional teacher certification programs provided for82 in Code Section 20-2-206; provided, however, that the commissio n's standards and83 procedures consider for in-state certification nationally accre dited teacher certification84 programs outside of this state which are state sponsored and me et the academic85 accreditation and certification requirements of the commission; and86 (4)(A) Requirements, including appropriate examinations and as sessments, for87 acquiring and maintaining certification pursuant to Code Section 20-2-200.88 (B) Beginning July 1, 2025, the Georgia Assessments for Certif ication of Educators89 (GACE), or any other assessment required by the commission for teacher certification,90 shall be aligned with developmentally appropriate evidence based literacy instruction."91 H. B. 293 - 4 - 25 LC 49 1972 SECTION 5.92 Said title is further amended in Part 10 of Article 17 of Chapt er 2, relating to professional93 standards in elementary and secondary education, by revising su bsection (a) of Code94 Section 20-2-984.1, relating to Professional Standards Commission — adoption of standards95 of performance and a code of ethics, as follows:96 "(a) It shall be the duty of the commission, by regulation, to adopt standards of97 performance and a code of ethics for educators. The standards of performance and code98 of ethics shall represent standards of performance and conduct which are generally99 accepted by educators of this state. In adopting regulations a s provided in this Code100 section, the commission shall seek the advice of educators of this state. The standards of101 performance and code of ethics adopted by the commission shall be limited to professional102 performance and professional ethics. The standards of performa nce and code of ethics103 adopted by the commission shall not require an individual to participate in or complete any104 training program in which divisive concepts, as such term is de fined in Code Section105 20-1-11, are advocated for."106 SECTION 6.107 All laws and parts of laws in conflict with this Act are repealed.108 H. B. 293 - 5 -