HB 1123: Quality Basic Education Act; require certain schools that offer after-school programs to make such programs available to pre-kindergarten students

Currently, Georgia law has an empty (reserved) code section covering after-school programs tied to the Quality Basic Education Act, so there is no statewide rule requiring schools to let pre-kindergarten students join after-school programs. This bill fills in that code section (O.C.G.A. § 20-2-308). Starting with the 2026-2027 school year, any 'qualifying school,' meaning a public school that has kindergarten, primary, or upper elementary students and also runs a Georgia Pre-K program, must make its after-school programs available to its pre-K students on the same basis as its other enrolled students. The bill lets the Department of Early Care and Learning grant a school a waiver from this requirement for up to one school year at a time, if the school submits a written request explaining extenuating circumstances. Schools needing more time must reapply each year.

• Fills in a previously empty (reserved) section of Georgia's Quality Basic Education Act to create a new after-school access requirement.
• Requires qualifying public schools, those with pre-K plus kindergarten, primary, or upper elementary programs, to open after-school programs to pre-K students on the same basis as other students.
• Sets the requirement to begin with the 2026-2027 school year.
• Allows the Department of Early Care and Learning to waive the requirement for a school for up to one school year at a time upon written request explaining extenuating circumstances.
• Requires schools seeking a waiver for more than one year to submit a new written request for each additional school year.

Public schools that operate both Georgia's Pre-K Program and kindergarten, primary, or upper elementary programs; pre-kindergarten students and their families seeking after-school care; and the Department of Early Care and Learning, which will review waiver requests.

Families with pre-K children at qualifying schools would gain guaranteed access to the same after-school programs already available to older students, potentially easing childcare logistics for working parents, while schools facing staffing or space constraints could seek a temporary waiver from the state.

• Section 1 rewrites O.C.G.A. § 20-2-308, previously reserved (empty), to define 'after-school program' and 'qualifying school.'
• A qualifying school is defined as one with kindergarten, primary grades, or upper elementary grades programs that also operates a Georgia Pre-K Program.
• Subsection (b) requires qualifying schools to make after-school programs available to pre-K students on the same basis as other students, beginning with the 2026-2027 school year.
• Subsection (c) lets the Department of Early Care and Learning waive the requirement for a qualifying school for up to one school year per written request, based on extenuating circumstances, with annual reapplication required for continued waivers.
• Section 2 repeals any conflicting laws.

1. 2026-05-05Effective Date 2026-07-01
2. 2026-05-05Act 393
3. 2026-05-05House Date Signed by Governor (House)
4. 2026-04-06House Sent to Governor (House)
5. 2026-03-19Senate Passed/Adopted (Senate)
6. 2026-03-19Senate Third Read (Senate)
7. 2026-03-16Senate Read Second Time (Senate)
8. 2026-03-12Senate Committee Favorably Reported (Senate)

• Jan Jones (R, HD-047)Primary sponsor
• Chris Erwin (R, HD-032)
• Scott Hilton (R, HD-048)
• Bethany Ballard (R, HD-147)
• Sandy Donatucci (R, HD-105)
• Sharon Cooper (R, HD-045)
• Kay Kirkpatrick (R, SD-032)

1. PassedHouse voteFebruary 24, 2026

   162 yea, 0 nay (8 not voting, 7 absent)

   Passage: House Vote #544

2. PassedSenate voteMarch 19, 2026

   46 yea, 0 nay (2 not voting, 6 absent)

   Passage: Senate Vote #753

• pre-kindergarten
• after-school programs
• public schools
• early childhood education
• Georgia Pre-K