Georgia General Assembly · Full text

HB 1363: Education; authorize public schools and postsecondary educational institutions to consider antisemitism in the same manner as discrimination based on religion

Comm Sub version, the latest LegiScan holds · Last action March 3, 2026 · Introduced

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The House Committee on Higher Education offers the following substitute to HB 1363:

A BILL TO BE ENTITLED

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to prohibit discrimination on the basis of race, ethnicity, national origin, or religion in public schools and postsecondary educational institutions; to require the Department of Education to establish a state-wide K-12 Title VI Coordinator; to require the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia to establish policies and procedures regarding discrimination complaints; to authorize withholding of funds for noncompliance; to provide for notice and appeal procedures; to provide for definitions; to provide for an effective date; to provide for annual reporting; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding a new Code section to Chapter 1, relating to general provisions, to read as follows:

"20-1-13.

(a) As used in this Code section, the term:

(1) 'Georgia state school' means:

(A) An institution of the University System of Georgia; or

(B) A unit of the Technical College System of Georgia.

(2) 'Public school' means and includes a Georgia state school, a local school system, and any public elementary and secondary school in this state.

(b) No person in this state shall, on the basis of race, ethnicity, national origin, or religion, be excluded from participation in, denied the benefits of, or subjected to discrimination under any educational program or activity or in employment practices conducted by a public school that receives federal or state financial assistance.

(c) Nothing in this Code section shall be construed to diminish or infringe upon any right protected under the First Amendment of the United States Constitution or Article I, Section I of the Georgia Constitution."

SECTION 2.

Said title is further amended in Chapter 2, relating to elementary and secondary education, by adding a new Code section to read as follows:

"20-2-324.10.

(a)(1) It is the intent of the General Assembly to ensure that no student, teacher, or employee in Georgia's public education system is subjected to discrimination or harassment on the basis of race, ethnicity, national origin, or religion.

(2) As used in this Code section, the term 'public school' means and includes a local school system and any public elementary and secondary school in this state.

(b) No later than September 29, 2026, the Department of Education shall designate a state-wide K-12 Title VI Coordinator dedicated to monitoring complaints of discrimination and harassment in public schools in accordance with Title VI of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000d, et seq., 34 C.F.R. Part 100, and other applicable federal and state nondiscrimination laws, rules, and regulations.

(1) Establish, maintain, and publicize a uniform complaint submission process, available electronically and in writing, whereby students, parents, teachers, and staff may report alleged violations;

(2) Receive, document, and investigate complaints of discrimination and harassment occurring in any public schools in this state and prepare written findings of fact and recommendations for review by the Department of Education;

(3) Upon review of the coordinator's findings, if the Department of Education determines a public school has failed to comply with the requirements of this Code section, the coordinator shall assist the Department of Education in issuing a written notice of noncompliance requiring corrective action within 30 days of receipt of such notice;

(4) Monitor the implementation of corrective action plans submitted by public schools and provide recommendations to the Department of Education regarding compliance status;

(5) Refer unresolved violations to the United States Department of Education's Office for Civil Rights and the United States Department of Justice when corrective actions are not taken within 30 days of notice;

(6) Submit an annual report no later than June 30 of each year to the State School Superintendent, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Education and the Senate Education Committee, including, but not limited to, the number and details of complaints and enforcement actions taken; and

(7) In consultation with the Department of Education, develop policies and procedures for the implementation of this Code section, which shall include, but not be limited to, ensuring complaints are handled in a timely manner, kept confidential, and investigated thoroughly and that retaliation is prohibited.

(d)(1) The Department of Education shall be responsible for conducting or supervising investigations and making written determinations as to whether a public school has failed to comply with the requirements of this Code section.

(2) If the Department of Education determines that a public school has failed to comply with the requirements of this Code section, it shall provide a written notice of noncompliance to the public school, and the public school shall have 30 days from the receipt of such notice to correct such noncompliance and to develop a corrective action plan for preventing future recurrences. The Department of Education may extend such 30 day period upon a showing of good cause by the public school. (3)(A) The state board shall be authorized to take corrective action, including, but not limited to, withholding a portion of state funding to a public school, as provided for in Code Section 20-2-243, if such public school fails to comply with the provisions of this Code section or fails to correct the identified noncompliance.

(B) If the state board notifies the public school that it is subject to the withholding of state funding pursuant to subparagraph (A) of this paragraph, such public school may bring an action against the board seeking appropriate relief from the superior court of the county where the public school is headquartered.

(4) Upon any enforcement action, the K-12 Title VI Coordinator shall promptly notify the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the House Committee on Education and the Senate Education Committee."

SECTION 3.

Said title is further amended in Chapter 3, relating to postsecondary education, by adding a new Code section to read as follows:

"20-3-40.1.

(a)(1) It is the intent of the General Assembly to ensure that no student, teacher, or employee in a public institution of higher education is subjected to discrimination or harassment on the basis of race, ethnicity, national origin, or religion.

(2) As used in this Code section, the term 'public institution of higher education' or 'institution' means any college or university under the management and control of the Board of Regents of the University System of Georgia.

(b) No later than December 31, 2026, the board of regents shall ensure that all public institutions of higher education comprising the University System of Georgia have established policies and procedures to:

(1) Establish, maintain, and publicize a complaint submission process, available electronically and in writing, whereby students, faculty, staff, or others may report alleged violations of subsection (b) of Code Section 20-1-13;

(2) Develop procedures for the implementation of this Code Section, which shall include, but not be limited to, ensuring complaints are handled in a timely manner, kept confidential, and investigated thoroughly and that retaliation is prohibited; and

(3) Document and investigate complaints of discrimination and harassment and prepare written findings and conclusions.

(c)(1) The board of regents shall be responsible for determining whether a public institution of higher education has failed to comply with the requirements of this Code section.

(2) The board of regents shall be authorized to take corrective action, including, but not limited to, withholding state funding administered through the board of regents that benefits a public institution of higher education if such institution fails to comply with the provisions of this Code section or fails to correct noncompliance.

(3) The board of regents shall make and publish an annual report and provide a copy to the Governor and Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the House Committee on Higher Education and the Senate Higher Education Committee on July 1 of each year providing aggregate numbers of complaints, investigations, and findings related to enforcement of this Code section.

(d) Nothing in this Code section shall be interpreted as preventing the board of regents, or any institution thereof, from complying with federal laws prohibiting discrimination and harassment or the federal Family Educational Rights and Privacy Act, 20 U.S.C. 1232g."

SECTION 4.

Said title is further amended in Chapter 4, relating to vocational, technical, and adult education, by adding a new Code section to read as follows:

"20-4-39.1.

(2) As used in this Code section, the term 'public institution of higher education' or 'institution' means any postsecondary technical school or other postsecondary branch of the Technical College System of Georgia.

(b) No later than December 31, 2026, the state board shall ensure that all units comprising the Technical College System of Georgia have established policies and procedures to:

(3) Document and investigate complaints of discrimination and harassment and prepare written findings and conclusions.

(c)(1) The state board shall be responsible for determining whether a public institution of higher education has failed to comply with the requirements of this Code section.

(2) The state board shall be authorized to take corrective action, including, but not limited to, withholding state funding administered through the state board that benefits a public institution of higher education if such institution fails to comply with the provisions of this Code section or fails to correct noncompliance.

(3) The state board shall make and publish an annual report and provide a copy to the Governor and Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the House Committee on Higher Education and the Senate Higher Education Committee on July 1 of each year providing aggregate numbers of complaints, investigations, and findings related to enforcement of this Code section.

(d) Nothing in this Code section shall be interpreted as preventing the state board, or any institution thereof, from complying with federal laws prohibiting discrimination and harassment or the federal Family Educational Rights and Privacy Act, 20 U.S.C. 1232g."

SECTION 5.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.