HB 1062: Education, Department of; publish relevant and applicable federal guidance documents and related information; require

House Bill 1062

By: Representatives Rice of the 139th, Hilton of the 48th, Cheokas of the 151st, Ballard of the 147th, Glaize of the 67th, and others

A BILL TO BE ENTITLED

AN ACT

To amend Article 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State School Superintendent, so as to require the Department of Education to publish relevant and applicable federal guidance documents and related information; to provide for definitions; to provide for construction; to require annual notice from the State School Superintendent to designated committees and offices of the General Assembly and the Office of Planning and Budget; to authorize the State Board of Education to adopt rules; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State School Superintendent, is amended by adding a new Code section to read as follows:

"20-2-37.

(a) As used in this Code section, the term:

(1) 'Federal agency' means the United States Department of Education or its successor or any other agency, as such term is defined in 44 U.S.C. Section 3502.

(2) 'Guidance document' means any statement of general applicability issued by a federal agency or by an official of such federal agency that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue; provided, however, that such term shall not include a rule or other regulatory action that has the force and effect of law promulgated in accordance with the notice and comment rule-making requirements of the federal Administrative Procedure Act. Such term shall include, but shall not be limited to, advisories, announcements, bulletins, circulars, directives, letters, manuals, memoranda, notices, policy statements, and media, news, and press releases. Such term shall encompass all guidance materials, regardless of format, and shall include, but shall not be limited to, audio files and recordings; documents in digital, electronic, or hard copy format; video files and recordings; internet posts; and software applications. Such term shall be construed broadly to effectuate the purpose and intent of this Code section.

(b)(1) Within 15 calendar days of receiving a guidance document from a federal agency which the State School Superintendent or Department of Education deems relevant and applicable to the duties, responsibilities, or business of the Department of Education, the State Board of Education, or the State School Superintendent, the Department of Education shall publish such guidance document in accordance with the requirements of subsection (c) of this Code section.

(2) Within 45 calendar days of receiving a guidance document provided for in paragraph (1) of this subsection, the Department of Education shall include on the dedicated web page provided for in subsection (c) of this Code section a written response to such guidance document that includes, at a minimum:

(A) Each federal or state statute, regulation, or rule that is addressed either expressly or by reasonable implication, interpretation, or application in such guidance document;

(B) A description of how such guidance document will be implemented; and

(C) Whether the State School Superintendent or the Department of Education has communicated to the relevant federal agency any objection or exception to such guidance document in whole or in part.

(3) Within 15 calendar days of a guidance document provided for in paragraph (1) of this subsection being rescinded, the Department of Education shall:

(A) Clearly indicate on the dedicated web page provided for in subsection (c) of this Code section that such guidance document has been rescinded; and

(B) Add the rescinded guidance document along with the date such guidance document was rescinded to a separate and clearly identifiable list of rescinded guidance documents to be maintained on the dedicated web page provided for in subsection (c) of this Code section.

(c) All guidance documents and rescinded guidance documents which are required to be published by the Department of Education under subsection (b) of this Code section shall be published on a dedicated web page on the Department of Education's website that is clearly identifiable, readily searchable using the search tool included on such website, and accessible via a link that is included on the home page of such website.

(d) Annually by August 1, the State School Superintendent shall provide in writing the following information to the chairpersons of the House Committee on Education, the Senate Education and Youth Committee, the House Committee on Higher Education, the Senate Higher Education Committee, the House Committee on Appropriations, and the Senate Appropriations Committee; to the Office of Legislative Counsel; and to the directors of the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office:

(1) The Department of Education's website address and the link to the dedicated web page provided for in subsection (c) of this Code section;

(2) A complete list of guidance documents and rescinded guidance documents that are currently published on the dedicated web page provided for in subsection (c) of this Code section;

(3) A complete copy of the written responses provided for in paragraph (2) of subsection (b) of this Code section; and

(4) A complete copy of each rule adopted by the State Board of Education pursuant to subsection (e) of this Code section.

(e) The State Board of Education shall be authorized to adopt rules as necessary to implement the requirements of this Code section."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.