SB120: SB120 Education; public schools, local education agencies, and public postsecondary institutions shall not promote, support, or maintain any programs or activities that advocate for diversity, equity, and inclusion

25 LC 61 0201S The Senate Committee on Higher Education offered the following substitute to SB 120: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 1 of Title 20 of the Official Cod e of Georgia Annotated,1 relating to general provisions relative to education, so as to provide that local education2 agencies and postsecondary institutions shall not promote, support, or maintain any programs3 or activities that advocate for diversity, equity, and inclusio n; to provide for sanctions; to4 provide for definitions; to provide for related matters; to provide for an effective date and5 applicability; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 1 of Chapter 1 of Title 20 of the Official Code of Geor gia Annotated, relating to9 general provisions relative to education, is amended by adding a new Code section to read10 as follows:11 "20-1-12.12 (a) As used in this Code section, the term:13 (1) 'Local education agency' shall have the same meaning as se t forth in Code14 Section 20-2-167.1.15 (2) 'Postsecondary institution' means a school which is:16 - 1 - 25 LC 61 0201S (A) An institution of the University System of Georgia; or17 (B) A unit of the Technical College System of Georgia.18 (b) No local education agency or postsecondary institution sha ll promote, support, or19 maintain any programs or activities that advocate for diversity , equity, and inclusion. 20 Diversity, equity, and inclusion includes:21 (1) Any effort to promote the different treatment of, or provi de special benefits to,22 individuals on the basis of race, color, sex, ethnicity, national origin, gender identity, or23 sexual orientation;24 (2) Any effort to promote or promulgate policies and procedure s designed or25 implemented with reference to race, color, sex, ethnicity, national origin, gender identity,26 or sexual orientation;27 (3) Any effort to promote or promulgate any training, programm ing, recruitment,28 retention, or activities designed or implemented with preferential treatment of any race,29 color, sex, ethnicity, national origin, gender identity, or sexual orientation over another;30 (4) Any effort to promote or promulgate any training, programm ing, or activities31 designed or implemented with reference to race, color, ethnicit y, gender identity, or32 sexual orientation; and33 (5) With respect to a postsecondary institution, any effort to promote, as the official34 position of the postsecondary institution, a particular, widely contested opinion35 referencing unconscious or implicit bias, cultural appropriation, allyship, gender ideology36 or theory, microaggressions, group marginalization, antiracism, systemic oppression,37 social justice, intersectionality, neopronouns, heteronormativity, disparate impact, racial38 privilege, sexual privilege, or any similar or related formulation of these concepts.39 (c) Any postsecondary institution that violates subsection (b) of this Code section shall be40 subject to the withholding of state funding or state administer ed federal funding. Such41 withholding of state funding or state administered federal fund ing shall include funds42 - 2 - 25 LC 61 0201S provided to the postsecondary institution directly as well as funding for scholarships, loans,43 and grants pursuant to Chapter 3 of this title for students of such postsecondary institution.44 (d) The State Board of Education shall be authorized to withhold a portion of state funding45 to a local education agency pursuant to Code Section 20-2-243 i f such local education46 agency violates subsection (b) of this Code section.47 (e) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for48 a strategic waivers school system, Code Section 20-2-2063.2 or 20-2-2065 for a charter49 system, Code Section 20-2-2065 for a charter school, Code Secti on 20-2-2096.3 for a50 completion special school, or Code Section 20-2-244.51 (f) Nothing in this Code section shall be construed so as to prohibit compliance with any52 applicable state or federal antidiscrimination law."53 SECTION 2.54 This Act shall become effective on July 1, 2025, and shall appl y beginning with the55 2025-2026 school year with respect to local education agencies and the 2025-2026 academic56 year with respect to postsecondary institutions.57 SECTION 3.58 All laws and parts of laws in conflict with this Act are repealed.59 - 3 -