---
title: HB 1231. Education; teachers shall not be required to supervise students during their duty-free lunch period or planning period except in cases of extreme emergency; provide
collection: bills
id: 2025-2026/hb1231
cite_as: HB 1231, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1231
md_url: https://georgiacommons.org/bills/2025-2026/hb1231.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1231/text
source_url: https://www.legis.ga.gov/legislation/72952
date: 2026-02-10
status: introduced
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: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1231.md?full=1
bill_number: HB 1231
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-06
last_action: House Second Readers
sponsors:
- John Corbett
- Martin Momtahan
- Don Parsons
- Gerald Greene
- David Wilkerson
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1231/2025
upstream_id: 2111531
summaries_model: claude-sonnet-5
topic_tags:
- teacher pay
- school scheduling
- teacher planning time
- education law
- school district waivers
---
# HB 1231. Education; teachers shall not be required to supervise students during their duty-free lunch period or planning period except in cases of extreme emergency; provide
## Text
House Bill 1231
By: Representatives Corbett of the 174th, Momtahan of the 17th, Parsons of the 44th, Greene
of the 154th, and Wilkerson of the 38th
A BILL TO BE ENTITLED
AN ACT
To amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to conditions of employment, so as to provide that teachers shall
not be required to supervise students during their duty-free lunch period or planning period
except in cases of extreme emergency; to require that teachers who supervise students during
their duty-free lunch period or planning period are compensated in cases other than an
extreme emergency; to provide that requirements related to duty-free lunch periods and
planning periods for teachers shall not be subject to waiver; to provide for definitions; to
provide for an effective date and applicability; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to conditions of employment, is amended by revising Code Section
20-2-218, relating to duty-free lunch period and planning period required, exemption for
extenuating circumstances, and funding, as follows:
"20-2-218.
(a) As used in this Code section, the term:
(1) 'Extreme emergency' means severe weather conditions, interference caused by
electrical or mechanical failure at a school, a disruption caused by an armed attack or
threat directed at a school, a disruption of transportation systems resulting in significant
changes in the availability of teachers, or the illness or death of one or more teachers.
The mere lack of an available substitute teacher shall not constitute an extreme
emergency.
(2) 'Planning period' 'planning period' means a block of time when a teacher is not
responsible for the direct supervision of student safety or conduct or for providing
instruction to students and is responsible for participating in activities that are part of the
established duties of a teacher, including, but not limited to, instructional lesson design,
grading and assessment, data analysis of student achievement, and growing skills and
knowledge in the profession of teaching.
(b)(1) Every teacher who is employed in grades kindergarten through five for a period
of time of more than one-half of the class periods of the regular school day shall be
provided a daily lunch period of not less than 30 consecutive minutes, and such employee
shall not be assigned any responsibilities during such lunch period. Such lunch period
shall be included in the number of hours worked, and no local board of education shall
increase the number of hours to be worked by an employee as a result of such employee's
being granted a lunch period under the provisions of this Code section. This duty-free
lunch period shall not be calculated under any circumstances as a part of any daily
planning period or other noninstructional time.
(2) Every teacher who is employed in grades kindergarten through 12 for a period of
time of more than one-half of the class periods of the regular school day shall be provided
a daily planning period. Such planning period shall be included in the number of hours
worked, and no local board of education shall increase the number of hours to be worked
by an employee as a result of such employee's being granted a planning period under the
provisions of this Code section. This planning period shall not be calculated under any
circumstances as a part of any daily lunch period or other noninstructional time.
(c) Nothing in this Code section shall be construed to prevent any teacher from exchanging
that teacher's lunch period or planning period for any compensation or benefit mutually
agreed upon by the employee and the local superintendent of schools or such
superintendent's agent, except that a teacher and the superintendent or agent may not agree
to terms which are different from those available to any other teacher granted rights under
this Code section within the individual school or to terms which in any way discriminate
among such teachers within the individual school.
(d) The implementation of this Code section may not result in a lengthened school day.
(e) If necessary where due to an extreme emergency economic conditions or an unforeseen
and unavoidable personnel shortage, a local unit of administration may:
(1) Require a teacher otherwise entitled to a duty-free lunch period to supervise students
during such lunch period but for no more than one day in any school week; and
(2) Require a teacher otherwise entitled to a planning period to supervise students during
such planning period but for no more than one day in any school week except when
necessary to ensure the safety of students and staff.
(f)(1) In circumstances other than an extreme emergency, a local unit of administration
shall be authorized to:
(A) Request that a teacher otherwise entitled to a duty-free lunch period supervise
students during such duty-free lunch period; and
(B) Request that a teacher otherwise entitled to a planning period supervise students
during such planning period.
(2) In the event that a teacher supervises students after agreeing to such a request, such
teacher shall be compensated at an hourly rate consistent with his or her salary.
(g) During planning periods teachers are encouraged to review the school safety plan and
incorporate it into lesson plans as appropriate.
(g)(h) Notwithstanding any of the foregoing provisions of this Code section to the
contrary, nothing in this Code section shall require the General Assembly to appropriate
funds for the implementation of the planning period and duty-free lunch program;
provided, however, that any such funds appropriated for this purpose shall be used by local
school systems for duty-free lunch periods for classroom teachers in grades kindergarten
through five and planning periods for classroom teachers in grades kindergarten
through 12.
(i) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for
a strategic waivers school system, Code Section 20-2-2063.2 or 20-2-2065 for a charter
system, Code Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a
completion special school, or Code Section 20-2-244."
SECTION 2.
This Act shall become effective on July 1, 2026, and shall apply to all school years beginning
with the 2026-2027 school year.
SECTION 3.
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.
A Georgia House bill would limit when public school teachers can be asked to give up their duty-free lunch or planning period, requiring pay when they do it outside a genuine emergency, and blocking school systems from waiving these protections.
### Plain-language summary
Georgia law already requires most K-12 teachers to get a daily duty-free lunch period and a daily planning period. Current law lets school systems require teachers to give those up, without extra pay, during 'extenuating circumstances' like economic conditions or unexpected staffing shortages. This bill narrows that exception sharply: schools could only require teachers to supervise students during lunch or planning time in a defined 'extreme emergency,' such as severe weather, an armed threat, a transportation breakdown, or the illness or death of teachers. A simple lack of a substitute teacher would no longer count as an emergency.
Outside of an extreme emergency, a school system could only ask, not require, a teacher to give up that time, and if the teacher agrees, the bill requires the teacher be paid an hourly rate based on their salary. The bill also bars several kinds of Georgia schools, including charter systems and schools operating under waivers, from waiving this protection at all. The changes take effect July 1, 2026, starting with the 2026-2027 school year.
### What it does
- Defines 'extreme emergency' narrowly (severe weather, armed threats, transportation disruptions, or teacher illness or death) as the only situation where a school can require a teacher to give up lunch or planning time without new limits.
- States that a lack of an available substitute teacher does not count as an extreme emergency, closing a common current justification.
- Requires school systems to pay a teacher an hourly rate based on their salary if the teacher agrees to supervise students during lunch or planning time outside an extreme emergency.
- Changes schools' power in non-emergency situations from requiring supervision to only being able to request it.
- Blocks strategic waivers school systems, charter systems, charter schools, completion special schools, and IE2 schools from waiving these duty-free lunch and planning period protections.
- Sets the law to take effect July 1, 2026, applying starting with the 2026-2027 school year.
### Who it affects
Public school teachers in kindergarten through 12th grade in Georgia, especially those in grades kindergarten through five who are entitled to duty-free lunch periods; local school boards and superintendents who schedule staff coverage; and certain school types such as charter systems, charter schools, strategic waivers school systems, and completion special schools that currently have waiver flexibility.
### Why it matters
Teachers who currently lose lunch or planning time to cover staffing gaps would gain new pay protections and a much narrower set of circumstances where that time could be required rather than requested. School systems facing routine staffing shortages could no longer treat that as grounds to require uncompensated coverage.
### Key provisions
- Section 1 rewrites O.C.G.A. ยง 20-2-218(a) to add a specific definition of 'extreme emergency' covering severe weather, mechanical or electrical failure, armed attacks or threats, transportation disruption, or teacher illness or death.
- Subsection (e) limits mandatory supervision during lunch or planning periods to extreme emergencies only, removing 'extenuating circumstances' like economic conditions or unforeseen staffing shortages as valid reasons.
- New subsection (f) allows schools to request, but not require, supervision outside an extreme emergency, and requires hourly pay tied to the teacher's salary if the teacher agrees.
- New subsection (i) prohibits waiving these duty-free lunch and planning period requirements under several named waiver programs, including strategic waivers school systems and charter systems.
- Section 2 sets the effective date as July 1, 2026, applying beginning with the 2026-2027 school year.
## Status
- Status: Introduced (2026-02-06)
- Last action: House Second Readers (2026-02-10)
- Sponsors: John Corbett, Martin Momtahan, Don Parsons, Gerald Greene, David Wilkerson
- Official page: https://www.legis.ga.gov/legislation/72952
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1231.md?full=1