House · Engrossed · 2025-2026 Regular Session
HB 1220: Education; student eligibility and maximum scholarship amounts; revise provisions
Last action March 31, 2026 · Senate Tabled
House Bill 1220 would change who qualifies for Georgia's private school scholarship tax credit program, letting military families and students with disabilities skip the usual public school attendance requirement and scholarship amount caps.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Georgia's student scholarship organization program lets donors get tax credits for funding private school scholarships, but students usually must first attend a Georgia public school for at least six weeks to qualify. This bill adds new exceptions to that rule. Students whose parent is an active-duty military service member stationed in Georgia, and students with an Individualized Education Program (IEP), a Section 504 Plan, or a diagnosed disability such as dyslexia or autism spectrum disorder, would no longer need to meet the public school attendance requirement to become eligible. The bill also removes the usual cap on scholarship size, tied to average per-student public school spending, for those same students with IEPs, 504 Plans, or designated disabilities. It requires the Department of Education to publish each year which conditions qualify and to list participating private schools along with the medical or behavioral conditions each school can accommodate. The changes would take effect once signed by the Governor and apply to tax years starting January 1, 2026.
What the bill does
- Waives the six-week public school attendance requirement for eligible student scholarship recipients whose parent is an active-duty military service member stationed in Georgia.
- Waives the same attendance requirement for students with an IEP, a Section 504 Plan, or a diagnosed disability like dyslexia, autism, speech-language delay, or hearing loss.
- Removes the standard scholarship dollar cap for students with those IEPs, 504 Plans, or designated disabilities, allowing scholarships above the usual per-student spending limit.
- Requires the Department of Education to publish annually which disabilities qualify for these exceptions, alongside the existing scholarship cap amount.
- Requires the Department of Education to publish a list of participating private schools and the medical or behavioral conditions each school can accommodate.
Who it affects
Military families stationed in Georgia, students with IEPs, Section 504 Plans, or diagnosed disabilities such as dyslexia or autism, student scholarship organizations that award the tax-credit scholarships, participating private schools, and the Department of Education, which must track and publish new information.
Why it matters
Families who move for military assignments or whose children have disabilities often cannot meet the six-week public school attendance rule that normally gates access to these scholarships. This bill would open that path to them and let their scholarships exceed the usual dollar cap, potentially covering higher-cost private school placements.
Key provisions
- Section 1 amends the definition of 'eligible student' in O.C.G.A. § 20-2A-1 to waive the six-week public school attendance requirement for military-connected students and students with an IEP, 504 Plan, or specified disability.
- Section 2 amends O.C.G.A. § 20-2A-2 so the annual scholarship amount cap, tied to average state and local per-student public school spending, does not apply to students with an IEP, 504 Plan, or designated intellectual or developmental disability.
- Section 2 also requires the Department of Education to publish the designated qualifying disabilities each year by January 1, alongside the scholarship cap amount.
- Section 3 amends O.C.G.A. § 20-2A-6 to require the Department of Education to publish a list of participating schools and the medical or behavioral conditions each school currently accommodates or can accommodate.
- Section 4 sets the effective date as the date the Governor signs the bill (or it becomes law without a signature), applying to tax years beginning on or after January 1, 2026.
From the bill
“a student with an Individualized Education Program (IEP) or a Section 504 Plan or who has been diagnosed with dyslexia, autism spectrum disorder, speech-language delay and disorder, hearing loss, or another intellectual and developmental disability designated by the Department of Education”
“A current list of participating schools and the medical or behavioral conditions each such participating school is either currently accommodating or is able to accommodate.”
Discussed in meetings (13)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Education Committee, February 19, 2026
From 1:09:02 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the substitute to HB 1220 would expand exceptions to the six-week public-school attendance requirement for Student Scholarship Organization scholarships. The sponsor described eligibility for students with individualized education programs, Section 504 plans, or specified disabilities, as well as children of active-duty military families stationed in Georgia. According to the sponsor, designated students with disabilities would also be exempt from the scholarship amount cap, allowing organizations to use existing funds more flexibly without expanding the overall program or requiring larger awards. The sponsor said the substitute added a requirement for a current list of participating schools identifying the medical and behavioral conditions each could accommodate. Members expressed support for reducing barriers for military families and students with disabilities, including dyslexia and autism. No substantive questions were asked, and the committee approved the substitute by voice vote.
House Rules Committee, February 23, 2026
From 0:26:58 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1220 would remove barriers in the student scholarship organization system for students with documented disabilities, allow more flexibility in scholarship spending and waive the six-week public-school attendance requirement for children of active-duty military members. A committee member asked whether private schools must follow an individualized education program or a Section 504 plan. The sponsor said students with those plans would qualify for a waived requirement and said a private school selected to meet a student's disability needs would follow the plan. Asked about costs and potential transfers, the sponsor said no fiscal estimate was needed because the bill did not change the amount of money involved.
House Rules Committee, March 4, 2026
From 1:54:47 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The committee placed HB 1220 on the day's floor calendar under modified rules after an objection and a voice vote. No vote count or discussion of its provisions was recorded.
House floor session, March 4, 2026 (legislative day 27, PM, part 1)
From 1:57:59 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1875
Summary by Georgia Commons: The sponsor said the bill would waive a six-week public school attendance requirement for students with individualized education programs, 504 plans, dyslexia or autism, and children of active-duty military members. The sponsor also described more flexibility in scholarship spending without increasing the overall program cap. One member questioned whether private schools would provide the same disability protections and how the state would verify services. The sponsor said parents would choose schools that meet their children's needs, said private schools follow 504 requirements, and pointed to the program's operation since 2008. A second member asked whether students would retain access to public school services after transferring. The sponsor again emphasized parental choice and existing practices, without directly resolving that question. Supporting members said the change would help families obtain suitable education. During voting, another member questioned public support for private schooling, while a supporter described the measure as removing an evaluation barrier. The House adopted the committee substitute and passed the bill 106-63.
Senate Education and Youth Committee, March 17, 2026
From 0:33:36 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would waive a six-week public-school attendance requirement for tax-credit scholarships for students with IEPs or 504 plans, students with dyslexia or autism, and children of active-duty military personnel. The sponsor said schools could award certain students more than the roughly $15,000 annual individual limit without increasing the overall tax-credit cap. Asked how this differed from the existing special-needs scholarship, the sponsor described a donation-funded tax-credit program and said students could not combine the two scholarships. One member questioned whether larger awards would compete with serving more students, particularly alongside a separate proposal to increase the program cap. The sponsor declined to address that proposal and said this bill sought flexibility, not a higher overall cap. Another member questioned accountability and who would set additional awards. The sponsor said individual schools would decide and argued that families should not have to wait six weeks for suitable schooling. The member countered that problems could occur in any school and questioned private-school transparency. The sponsor said parents could judge whether schools met their children’s needs. A motion to recommend against passage failed on a 5-5 tie. The acting chair left the bill without further action for possible future consideration.
Senate Education and Youth Committee, March 19, 2026
From 0:19:39 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the substitute to HB 1220 would waive the six-week public-school attendance requirement for scholarship applicants with an individualized education program (IEP), a 504 plan, dyslexia or autism, and for children of active-duty military members. The sponsor said it would also allow more flexibility in scholarship spending without increasing the program’s overall cap. Representing a military community, the sponsor said the attendance requirement makes school transitions difficult for military families. One committee member questioned private schools’ capacity to serve students with varied needs and opposed directing more money toward private schooling rather than addressing public-school problems. A second member described a family member’s unsuccessful attempts to enter a school through a lottery and asked how scholarship recipients could be assured access when space exists. The sponsor said they could not address that example without knowing more about the school. A public witness supported the bill. The committee approved the substitute 5 to 4.
Senate Rules Committee, March 30, 2026
From 1:26:01 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: A member selected HB 1220 for the floor calendar. No substantive explanation or debate followed. The committee unanimously approved the calendar containing it.
- Read aloud: House floor session, February 6, 2026 (legislative day 14), 0:43:44
- Read aloud: House floor session, February 9, 2026 (legislative day 15), 0:34:50
- Read aloud: House floor session, February 20, 2026 (legislative day 22), 0:47:15
- Read aloud: Senate floor session, March 6, 2026 (legislative day 28, part 1), 0:39:55
- Read aloud: Senate floor session, March 20, 2026 (legislative day 35), 0:33:44
- Read aloud: Senate floor session, March 23, 2026 (legislative day 36), 0:34:10
Status timeline
- Senate Tabled (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
Show full history (10 actions)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Bethany Ballard (R, HD-147)
- Chuck Efstration (R, HD-104)
- Scott Hilton (R, HD-48)
- Jan Jones (R, HD-47)
- Sandy Donatucci (R, HD-105)
- Shawn Still (R, SD-48)
Votes
- House voteMarch 4, 2026
106 yea, 63 nay (3 not voting, 5 excused)
- Senate voteMarch 31, 2026
39 yea, 10 nay (2 not voting, 3 excused)
Topics
- private school scholarships
- students with disabilities
- military families
- education tax credits
- special education