SB212: SB212 "Quality Basic Education Act"; disclosure of public student directory information to political candidates or persons or groups acting on their behalf; prohibit

25 LC 47 3473S Senate Bill 212 By: Senators Still of the 48th, Burns of the 23rd, Albers of the 56th, Hodges of the 3rd and Hickman of the 4th AS PASSED A BILL TO BE ENTITLED AN ACT To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the O fficial Code of Georgia1 Annotated, relating to other educational programs under the "Quality Basic Education Act,"2 so as to prohibit the disclosure of public student directory information to political candidates,3 campaign committees, political action committees, political org anizations, or persons or4 groups acting on their behalf; to require written attestations under certain circumstances; to5 amend Article 15 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating6 to miscellaneous offenses relative to elections and primaries, so as to prohibit the disclosure7 of confidential voter registration information to unauthorized persons; to amend Article 1 of8 Chapter 5 of Title 21 of the Official Code of Georgia Annotated , relating to general9 provisions for government transparency and campaign finance, so as to prohibit political10 candidates, campaign committees, or political action committees from soliciting minors to11 fraudulently organize campaign events on school property when such events are otherwise12 prohibited; to provide for related matters; to provide an effective date; to repeal conflicting13 laws; and for other purposes.14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 S. B. 212 - 1 - 25 LC 47 3473S SECTION 1.16 Part 14 of Article 6 of Chapter 2 of Title 20 of the Official C ode of Georgia Annotated,17 relating to other educational programs under the "Quality Basic Education Act," is amended18 by revising Code Section 20-2-310, relating to student directory information, registering to19 vote and with selective service, and pledge of allegiance, as follows:20 "20-2-310.21 (a) Any local school system or public school at the secondary level which provides access22 to the campus school property or to student directory information to persons or groups23 which make students aware of occupational or educational options shall provide access to24 the campus school property and student directory information on at least the same basis to25 official recruiting representatives of the military forces of the state and the United States26 for the purpose of informing students of educational and career opportunities available in27 the military.28 (b) No local school system, public school, or any person acting on behalf of a local school29 system or public school shall disclose or otherwise provide acc ess to student directory30 information to any candidate or campaign committee, as such terms are defined in Code31 Section 21-5-3, any political action committee or political organization, as such terms are32 defined in Code Section 21-5-30.2, or any person or group actin g on behalf of such33 candidate, campaign committee, political action committee, or political organization.34 (c) Each eligible student in the public schools of this state shall be apprised of his or her35 right to register as an elector and to vote in elections and of any obligation to register with36 the Selective Service System. Each eligible student shall be given an opportunity, arranged37 by the school administration, to register to vote at his or her school during the month of38 April of each year. The State Board of Education shall promulgate rules and regulations39 to carry out this Code section. An excused absence of a student to register or vote, at the40 discretion of the local unit of administration, shall not exceed one school day.41 S. B. 212 - 2 - 25 LC 47 3473S (d) Each person who, while located on public school property in this state apprises one or42 more public school students of their:43 (1) Right to register as an elector and to vote in elections and who arranges for or assists44 one or more public school students to register to vote; or45 (2) Obligation to register with the Selective Service System a nd who arranges for or46 assists one or more public school students with such registration;47 shall attest in writing that he or she will not provide any student directory information to48 any candidate or campaign committee, as such terms are defined in Code Section 21-5-3,49 any political action committee or political organization, as such terms are defined in Code50 Section 21-5-30.2, or any person or group acting on behalf of s uch candidate, campaign51 committee, political action committee, or political organization. The requirements of this52 subsection shall not apply to a public school administrator, te acher, or other school53 personnel while engaged in the performance of official duties, or to persons on public54 school property to attend or participate in an event that is open to the general public.55 (c)(e)(1) Each student in the public schools of this state shall be afforded the opportunity56 to recite the Pledge of Allegiance to the flag of the United States of America during each57 school day. It shall be the duty of each local board of educat ion to establish a policy58 setting the time and manner for recitation of the Pledge of Allegiance. Such policy shall59 be established in writing and shall be distributed to each teacher within the school.60 (2) The State School Superintendent shall prepare for the use of the public schools of this61 state a program of instruction, subject to the approval of the State Board of Education,62 in the correct use and display of the flag of the United States of America which shall63 include, as a minimum, specific instruction regarding respect for such flag and its display64 and use as provided by federal law and regulation, and under su ch regulations and65 instructions as may best meet the varied requirements of the di fferent grades in such66 schools. However, such instruction shall include, as a minimum , the provisions of 3667 U.S.C. Sections 170 through 177.68 S. B. 212 - 3 - 25 LC 47 3473S (f) The State Board of Education shall promulgate rules and regulations to carry out this69 Code section."70 SECTION 2.71 Article 15 of Chapter 2 of Title 21 of the Official Code of Geo rgia Annotated, relating to72 miscellaneous offenses relating to elections and primaries, is amended by revising Code73 Section 21-2-561, relating to false registration, as follows:74 "21-2-561.75 Any person who:76 (1) Registers as an elector knowing that such elector does not possess the qualifications77 required by law;78 (2) Registers as an elector under any other name than the elector's own name; or79 (3) Knowingly gives false information when registering as an elector; or80 (4) Discloses to an unauthorized person any information that i s exempted from public81 inspection pursuant to Code Section 21-2-225 or is confidential pursuant to Code82 Section 21-2-225.183 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment84 for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00,85 or both."86 SECTION 3.87 Article 1 of Chapter 5 of Title 21 of the Official Code of Geor gia Annotated, relating to88 general provisions for government transparency and campaign finance, is amended by adding89 a new Code section to read as follows:90 "21-5-16.91 No candidate, campaign committee, or political action committee shall solicit any92 individual under the age of 18 years to fraudulently organize an event on the property of93 S. B. 212 - 4 - 25 LC 47 3473S any local school system when the purpose of such event is influencing the nomination for94 election or election of any person for office, bringing about t he recall of a public officer95 holding elective office or opposing the recall of a public officer holding elective office, or96 the influencing of voter approval or rejection of a proposed co nstitutional amendment, a97 state-wide referendum, or a proposed question which is to appear on the ballot in this state98 or in a county or a municipal election in this state when such event is otherwise prohibited99 by law or by policy of the local school system or an individual school thereof."100 SECTION 4.101 This Act shall become effective upon its approval by the Governor or upon its becoming law102 without such approval.103 SECTION 5.104 All laws and parts of laws in conflict with this Act are repealed.105 S. B. 212 - 5 -