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:
<ins>(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'</ins> <del>'planning period'</del> 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 <ins>an</ins> extreme <ins>emergency</ins> <del>economic conditions or an unforeseen
and unavoidable personnel shortage,</del> 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.
<ins>(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.
</ins>
<ins>(g)</ins> During planning periods teachers are encouraged to review the school safety plan and
incorporate it into lesson plans as appropriate.
<del>(g)(h)</del> 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.
<ins>(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."
</ins> 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.