---
title: HB 1123. Quality Basic Education Act; require certain schools that offer after-school programs to make such programs available to pre-kindergarten students
collection: bills
id: 2025-2026/hb1123
cite_as: HB 1123, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1123
md_url: https://georgiacommons.org/bills/2025-2026/hb1123.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1123/text
source_url: https://www.legis.ga.gov/legislation/72677
date: 2026-05-05
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 949
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1123.md?full=1
bill_number: HB 1123
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-05
last_action: Effective Date 2026-07-01
sponsors:
- Jan Jones
- Chris Erwin
- Scott Hilton
- Bethany Ballard
- Sandy Donatucci
- Sharon Cooper
- Kay Kirkpatrick
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1123/2025
upstream_id: 2104376
summaries_model: claude-sonnet-5
topic_tags:
- pre-kindergarten
- after-school programs
- public schools
- early childhood education
- Georgia Pre-K
---
# HB 1123. Quality Basic Education Act; require certain schools that offer after-school programs to make such programs available to pre-kindergarten students
## Text
House Bill 1123 (AS PASSED HOUSE AND SENATE)
By: Representatives Jones of the 47th, Erwin of the 32nd, Hilton of the 48th, Ballard of the
147th, Donatucci of the 105th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to other educational programs under the "Quality Basic Education Act,"
so as to require certain schools that offer after-school programs to make such programs
available to pre-kindergarten students on the same basis as the school's other students; to
provide for limited waivers of such requirement; to provide for definitions; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,
relating to other educational programs under the "Quality Basic Education Act," is amended
by revising Code Section 20-2-308, which is reserved, as follows:
"20-2-308.
(a) As used in this Code section, the term:
(1) 'After-school program' means any program conducted after regular school hours.
(2) 'Qualifying school' means a public school that:
(A) Has students enrolled in any of the following programs identified in subsection (b)
of Code Section 20-2-161:
(i) Kindergarten program;
(ii) Primary grades program; or
(iii) Upper elementary grades program; and
(B) Provides for and operates one or more pre-kindergarten programs as part of
Georgia's Pre-K Program.
(b) Beginning with the 2026-2027 school year, each qualifying school that offers one or
more after-school programs shall make such after-school programs available to students
enrolled in such school's pre-kindergarten programs on the same basis as other students
enrolled in such school.
(c) Upon receiving a written request from a qualifying school that includes an explanation
detailing the extenuating circumstances which support such request, the Department of
Early Care and Learning shall be authorized to waive the requirements of subsection (b)
of this Code section for such qualifying school for a period not to exceed one school year
per written request. A qualifying school seeking such a waiver for more than one school
year shall be required to submit a new request to the Department of Early Care and
Learning for each school year. Reserved."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
Georgia House Bill 1123 would require public schools that run pre-kindergarten programs and also offer after-school programs to open those after-school programs to pre-K students on the same terms as older students, starting in the 2026-2027 school year.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Passed (2026-05-05)
- Last action: Effective Date 2026-07-01 (2026-05-05)
- Sponsors: Jan Jones, Chris Erwin, Scott Hilton, Bethany Ballard, Sandy Donatucci, Sharon Cooper, Kay Kirkpatrick
- Official page: https://www.legis.ga.gov/legislation/72677
> The history, votes, and amendments (949 characters) are at https://georgiacommons.org/bills/2025-2026/hb1123.md?full=1