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Amendment

Floor Amendment AM 49 0335 to HB 1396

Type
Amendment
Cite as
HB 1396, Floor Amendment AM 49 0335
Date
September 25, 2026
Session
2025-2026
License
Public record of the Georgia General Assembly, from its website (legis.ga.gov)

Machine-readable https://georgiacommons.org/bills/2025-2026/hb1396/amendments/248985.md · https://georgiacommons.org/index.md · MCP https://mcp.georgiacommons.org/mcp

The text

ADOPTED Representative Efstration of the 104th et al. offer the following amendment: Amend the Senate substitute to HB 1396 (LC 56 0608) and all applicable amendments thereto by replacing line 1 through the end with the following: To amend Titles 20, 38, and 50 of the Official Code of Georgia Annotated, relating to education, military, emergency services, and veterans affairs, and state government, respectively, so as to require all schools that receive state funding with students in any of grades three through five to provide instruction in cursive handwriting to all students by no later than third grade; to provide for content standards for digital literacy instruction; to require students in kindergarten through twelfth grade to receive grade level appropriate instruction in digital literacy; to require the Department of Education to develop and publish model programs; to publish an annual report assessing the reach and impact of online safety education efforts; to provide for minimum content standards for financial literacy instruction; to require such content standards to address the risks of gambling; to allow for students grades 9 through 12 to complete the high school graduation financial literacy course requirement; to require students in kindergarten through eighth grade to receive grade level appropriate instruction in financial literacy; to prohibit public schools from partnering with or accepting donations or utilizing material from individuals or entities who operate any gambling enterprise, activity, or event; to authorize the Department of Education to provide technical support, guidance, and optional instructional resources subject to certain conditions; to provide for home study students and private school students to enroll in college and career academies located in certain RESA service areas and adjacent local school systems; to revise what courses are available to such students; to revise provisions for public school panic alert systems; to require local school systems to provide certain personnel with wearable panic alert devices; to provide for the capabilities of such devices; to provide for training; to provide for accuracy verification of school mapping data; to remove the requirement of having a licensed physician in automated external defibrillator programs; to provide instruction and procedures related to bleeding control kits; to require local boards of education and other public school governing bodies to establish and provide for security measures to detect weapons and to aid in the prevention of individuals attempting to unlawfully possess or carry weapons in certain school buildings; to provide for exceptions; to authorize the use of funding; to establish the Georgia Charter School Facilities Authority for the purpose of enabling charter schools to obtain revolving loan funds and other public financing assistance for purposes of constructing, renovating, and rehabilitating educational facilities for such schools; to provide for definitions; to provide for the composition, duties, and powers of such authority; to assign such authority to the Georgia State Financing and Investment Commission for administrative purposes; to amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, the "Georgia State Financing and Investment Commission Act," so as to provide for responsibilities of the Georgia State Financing and Investment Commission; to provide for definitions; to provide for related matters; to provide for effective dates; 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 in Part 2 of Article 6 of Chapter 2, relating to competencies and core curriculum, by adding a new Code section to read as follows: "20-2-140.2. All schools with students in any of grades three through five which receive in any manner funds from the state shall provide instruction in cursive handwriting to students by no later than third grade. Such instruction may be provided within the framework of existing coursework offered by the school." SECTION 2. Said title is further amended in said part by revising Code Section 20-2-149, relating to programs for educating students regarding online internet safety, as follows: "20-2-149. (a) The State Board of Education shall adopt grade level appropriate content standards for instruction in digital literacy to support digital citizenship competencies through critical thinking, responsible technology use, and independent learning across academic subjects for students in kindergarten through grade 12. Such content standards shall address, at a minimum: (1) Online safety and digital citizenship; (2) Responsible and effective internet use; (3) Evaluation of digital information and sources, including, but not limited to, information using or generated by artificial intelligence; (4) Digital communication and collaboration; (5) Foundational computer and device skills; (6) Productivity and organizational tools; and (7) Basic data and information management skills. (b) Beginning with the 2027-2028 school year and each school year thereafter, each local board of education and other public school governing body shall provide grade level appropriate instruction in digital literacy to students in kindergarten through grade 12. Such instruction shall be based on the content standards prescribed pursuant to subsection (a) of this Code section and may utilize the model programs developed by the Department of Education pursuant to subsection (c) of this Code section. Such instruction may be provided within the framework of existing coursework offered by a local school system. (a)(c)(1) The Department of Education shall develop model programs for educating students regarding digital literacy and online safety while using the internet, taking into consideration educational materials on this topic developed by other states as well as any other materials suggested by education experts, child psychologists, and technology companies that promote child digital literacy and online safety issues. (2) The model programs provided for in this subsection shall include one or more model programs for students in grades six through kindergarten through grade 12 which: (A) Shall include instruction regarding: (i) The social, emotional, and physical effects of social media on users; (ii) The effects of social media on the mental health of users, particularly teenagers; (iii) The distribution of disinformation and misinformation on social media; (iv) How social media influences thoughts and behaviors; (v) The permanency and risks of sharing materials online; (vi) The dangers of viewing material harmful to minors; (vii) Age verification procedures on websites and social media; (viii) Responsible and discerning use of artificial intelligence and generative artificial intelligence; (ix) How to maintain personal security and identify cyberbullying, predatory behavior, and human trafficking on the internet and social media; and (vii)(x) How to report suspicious behavior encountered on the internet and social media to appropriate persons and authorities; and (xi) How to be a competent and discerning digital citizen; and (B) May include information regarding the benefits of social media use, such as supporting career readiness for future academic or employment opportunities, sharing information with familiar family and friends, and safely connecting with other users with similar interests. (3) The Department of Education shall periodically update the model programs provided for in this subsection to reflect changes in internet and social media use, emergent technologies, social and psychological research, and information concerning new threats to teenagers and young adults using social media platforms and other online communication technologies. (4) The Department of Education shall publish on its website information relating to the digital literacy content standards and digital literacy and online safety model programs provided for in this Code section, including recommended curricula and instructional materials as updated periodically as provided in this subsection Code section. The Department of Education shall provide technical assistance in addition to such model programs and recommended curricula and instructional materials to aid any local board of education that may elect to incorporate incorporates one or more components of internet and social media digital literacy and online safety into its instructional program. (d) By December 1 each year, the Department of Education shall prepare a report assessing the reach and impact of online safety education efforts provided for in this Code section. Such report shall be submitted to the chairpersons of the House Committee on Education and the Senate Education and Youth Committee. (b)(e) Each local board of education may incorporate into its instructional program a component on online internet safety, including social media safety, to be taught on a schedule as determined by the local board of education." SECTION 3. Said title is further amended in said part by revising Code Section 20-2-149.4, relating to financial literacy instruction and curriculum, as follows: "20-2-149.4. (a) The State Board of Education shall adopt grade level appropriate content standards for a minimum course of instruction in financial literacy to be completed by students in eleventh or twelfth grade. Such content standards shall address, at a minimum: (1) For grades nine through 12: (A) Personal budgeting and money management; (B) Banking, credit, and debt; (C) Saving and investing principles; (D) Risk assessment and long-term financial planning; (E) Digital finance, fraud prevention, and consumer protection; and (F) Risks associated with gambling, including: (i) Probability, odds, and the concept of house advantage; (ii) The distinction between investing and gambling; (iii) Psychological and behavioral risks, including addiction and loss-chasing; (iv) Financial consequences such as debt, credit damage, and family impact; (v) Evaluation of gambling advertising, endorsements, and risk-free claims; and (vi) Overview of this state's gambling laws and consumer protections; (2) For grades six through eight: (A) Budgeting; (B) Digital money use; and (C) Introductory gambling risk awareness; and (3) For kindergarten through grade five: (A) Saving and spending; and (B) Probability and games of chance versus effort. (b) Beginning in the 2024-2025 2026-2027 school year, each local board of education and other public school governing body shall require all students, as a condition of graduation, during their eleventh or twelfth grade years to complete at least a half-credit course in financial literacy which implements the minimum course of instruction based on the content standards prescribed pursuant to subsection (a) of this Code section. Such course of instruction shall be completed by students in ninth, tenth, eleventh, or twelfth grade. Such course of instruction may be provided within the framework of existing coursework offered by a local school system, provided that such instruction includes in-depth treatment of real-world financial scenarios and gambling risk analysis. Such course of instruction shall be eligible to count toward a mathematics, social studies, or elective unit of credit requirement for graduation. (c) Beginning in the 2027-2028 school year, each local board of education and other public school governing body shall provide grade level appropriate instruction in financial literacy to students in kindergarten through eighth grade. Such instruction shall be based on the content standards prescribed pursuant to subsection (a) of this Code section. Such instruction may be provided within the framework of existing coursework offered by a local school system. (d) No local board of education or other public school governing body, local school system, or public school shall: (1) Partner with any individual or entity who operates any sort of gambling enterprise, activity, or event; (2) Accept any funding, materials, sponsorships, or other donation from any individual or entity who operates any sort of gambling enterprise, activity, or event; or (3) Use as part of any instruction promotional materials developed or made available by any individual or entity who operates any sort of gambling enterprise, activity, or event. (e) The Department of Education shall be authorized to develop and provide technical assistance, guidance, and optional instructional resources to local school systems and public schools and professional development resources for educators, provided that no such resources or materials are developed or made available by any individual or entity who operates any sort of gambling enterprise, activity, or event." SECTION 4. Said title is further amended in Part 14 of Article 6 of Chapter 2, relating to other education programs under the "Quality Basic Education Act," by revising Code Section 20-2-319.5, relating to enrolling home study and private school students in college and career courses, as follows: "20-2-319.5. (a) As used in this Code section, the term: (1) 'College and career academy' has the same meaning as set forth in Code Section 20-4-37. (2) 'Course' means a course an eligible CTAE course, as such term is set forth in Code Section 20-2-161.3, offered by a college and career academy to public school students enrolled in such college and career academy. (3) 'Home study student' means a student in a home study program which meets the requirements of subsection (c) of Code Section 20-2-690. (4) 'Private school student' means a student in a private school which meets the requirements of subsection (b) of Code Section 20-2-690. (5) 'Resident school system' means the local school system in which a home study student or a private school student would be enrolled by virtue of his or her residence. (b) Local school systems are authorized to enroll home study students and private school students in one or more courses at a college and career academy which is geographically located within the student's resident school system, the same regional educational service agency (RESA) service area as the student's residence, or a local school system that is adjacent to the student's resident school system irrespective of whether such adjacent local school system is in the same RESA service area as the student's residence, so long as space is available in such course or courses. (c) The State Board of Education shall promulgate rules and regulations to effectuate the provisions of this Code section, which may include, but not limited to: (1) Forms for use by local school systems to enroll a home study student or a private school student; (2) Timelines for enrolling and withdrawing from a course; (3) Procedures for reporting academic progress and grades to the student's parent or guardian and the student's home study program or private school; (4) Procedures for handling disciplinary issues that arise relating to home study students and private school students while attending the courses; (5) Procedures for reporting disciplinary issues to the student's parent or guardian; and (6) Any other procedures or requirements deemed necessary by the state board. (d) Home study students and private school students enrolled in courses in college and career academies pursuant to this Code section shall meet all of the same requirements for enrollment and participation in a course; shall be subject to all rules, including the school's code of conduct; and shall be subject to any fees for a course which are applicable to the public school students enrolled in the college and career academy. (e) Home study students and private school students shall be responsible for transportation to and from the college and career academy. (f) A local board of education shall earn FTE funds for each home study student and private school student enrolled in one or more courses pursuant to this Code section at a college and career academy that has a charter with such local board of education. Such funds shall be earned in accordance with Code Section 20-2-160 for any one-sixth segment of the day or its block scheduling equivalent that each such student attends in a manner similar to nonresident students, or in accordance with State Board of Education guidelines established for such purpose. A local board of education shall not charge home study students or private school students tuition to enroll in a course pursuant to this Code section." SECTION 5. Said title is further amended in Article 11 of Chapter 2, relating to public school property and facilities, by revising Code Section 20-2-591, relating to mobile panic alert system, as follows: "20-2-591. (a) Not later than July 1, 2026, each public school shall implement a mobile wearable panic alert system capable of: (1) Connecting disparate emergency services technologies to ensure real-time coordination between multiple local and state law enforcement and first responder agencies. Such system shall be known as 'Alyssa's Alert' and shall integrate with the technology used in each local public safety answering point, including, but not limited to, Next Generation 9-1-1, as such term is defined in Code Section 38-3-181, to transmit 9-1-1 calls and mobile activations; and (2) Integrating with the school mapping data required in Code Section 38-3-154; and (3) Initiating emergency notifications through each school campus. Such notifications shall include, but shall not be limited to, the following: (A) Automated visual strobes with colors that are mapped to emergency protocols; (B) An automated, direct connection to each school campus intercom or public announcement infrastructure that is mapped to emergency protocols; and (C) An automated computer display takeover message that is mapped to emergency protocols. (b) In addition to the requirements of subsection (a) of this Code section, each local school system may implement additional strategies or systems to ensure real-time coordination between multiple first responder agencies in the event of a school security emergency. (c)(1) Each local school system shall provide each school administrator, teacher, and other school personnel with a wearable panic alert device. Each wearable panic alert device shall be capable of transmitting communications throughout each school campus independently of any Wi-Fi or cellular connectivity to enable contact with local and state law enforcement and first responder agencies. (2) Upon the activation of an alert through the wearable panic alert system, each wearable panic alert device shall provide accurate location information at the room and floor level inside facilities located on each school campus and to specific areas of the grounds of each school campus. (d) Each local school system shall, prior to the start of each school year, ensure all school administrators, teachers, and other school personnel receive training on emergency protocols, the wearable panic alert system, and appropriate use of wearable panic alert devices. (c)(e) No local school system shall be required to procure or implement new or additional capabilities if, as of July 1, 2026, such local school system has a functioning mobile panic alert system in place with capabilities that meet the requirements of subsection (a) of this Code section." SECTION 6. Said title is further amended in Part 3 of Article 16 of Chapter 2, relating to health, by revising Code Section 20-2-775, relating to automated external defibrillators required in high schools, requirements, and funding, as follows: "20-2-775. (a) As used in this Code section, the term: (1) 'Automated external defibrillator' means a defibrillator which: (A) Is capable of cardiac rhythm analysis; (B) Will charge and be capable of being activated to deliver a countershock after electrically detecting the presence of certain cardiac dysrhythmias; and (C) Is capable of continuously recording cardiac dysrhythmia at the scene with a mechanism for transfer and storage or for printing for review subsequent to use. (2) 'Bleeding control kit' means a kit used to stop or slow bleeding in emergencies that is approved by the American College of Surgeons and may be obtained through the Georgia Trauma Commission Bleeding Control Kit Program. (2)(3) 'Emergency action plan' means the plan established pursuant to paragraph (5) (7) of subsection (c) of this Code section to provide for an emergency response to a any person in cardiac arrest or experiencing severe bleeding. (3)(4) 'Internal response team' means the team of school personnel established pursuant to paragraph (7) (9) of subsection (c) of this Code section responsible for oversight of an emergency response to a any person in cardiac arrest or experiencing severe bleeding and implementation of the emergency action plan. (4)(5) 'School' means a public school in this state which provides K-12 education. (b) No later than July 1, 2025, each school in this state shall have at least one functional automated external defibrillator on site at such school at all times and easily accessible during all school hours and during any school related function, including athletic practices, athletic competitions, and other occasions where students and others will be present, for use during emergencies. (c) Each school shall: (1) Ensure that each member of the internal response team and any other expected users of the automated external defibrillator receive American Heart Association or American Red Cross training in cardiopulmonary resuscitation and automated external defibrillator use or complete an equivalent nationally recognized course; (2) Ensure that each member of the internal response team and any other expected users of the bleeding control kit utilize an instructional or training program established by the American College of Surgeons for stopping bleeding and the use of a bleeding control kit; (2)(3) Notify the appropriate emergency medical services system of the existence and location of each automated external defibrillator prior to said such automated external defibrillator being placed in use; (4) Notify the appropriate emergency medical services system of the existence and location of each bleeding control kit prior to such bleeding control kit being placed in use; (3)(5) Ensure that the automated external defibrillator is maintained and tested according to the manufacturer's operational guidelines; (4) Ensure that there is involvement of a licensed physician or other person authorized by the Georgia Composite Medical Board in the site's automated external defibrillator program to ensure compliance with requirements for training, notification, and maintenance; (6) Ensure that the bleeding control kit is maintained and replenished after use; (5)(7) Establish a written emergency action plan that adheres to nationally recognized standards and that establishes specific steps to take during a cardiac emergency emergencies in a school setting which involve either cardiac arrest or severe bleeding. Such plan shall be designed to: (A) Provide provide for an effective system for communication between members of the internal response team and other school officials, ensuring that the internal response team or other designated personnel activate the emergency medical services system as soon as reasonably possible after any person renders emergency care or treatment to a person in cardiac arrest by using an automated external defibrillator and report any clinical use of the automated external defibrillator to the licensed physician or other person authorized by the Georgia Composite Medical Board who is supervising the program, and ensuring that emergency medical services personnel are led directly to the exact location of the person in cardiac arrest; and (B) Provide for an effective system for communication between members of the internal response team and other school officials, ensuring that the internal response team or other designated personnel activate the emergency medical services system as soon as reasonably possible after any person renders emergency care or treatment to a person experiencing severe bleeding by using a bleeding control kit and ensuring that emergency medical services personnel are led directly to the exact location of the person experiencing severe bleeding; (6)(8) Beginning in the 2025-2026 2026-2027 school year and each school year thereafter, conduct a minimum of two emergency action plan practice drills per school year, with at least one per semester. One such practice drill may be a tabletop drill to walk through a hypothetical scenario and the courses of action a school will need to take before, during, and after a any cardiac emergency or severe bleeding emergency. The emergency action plan practice drills shall include various locations on school grounds and responses to different hypothetical situations; (7)(9) Establish a designated internal response team composed of: (A) At least five school staff members; (B) One or more designated team leads trained in cardiopulmonary resuscitation, and automated external defibrillator use, and bleeding control kit use, and who shall be responsible for oversight of an emergency response; (C) One or more designated cardiopulmonary resuscitation and bleeding control kit leads trained in cardiopulmonary resuscitation, and automated external defibrillator use, and bleeding control kit use; (D) One or more designated automated external defibrillator and bleeding control kit leads who shall be responsible for knowing the location of automated external defibrillators, retrieving automated external defibrillators, and maintenance of automated external defibrillators and who shall also be responsible for knowing the location of bleeding control kits, retrieving bleeding control kits, and maintenance of bleeding control kits; and (E) One or more designated communication leads responsible for activating the emergency medical services system, facilitating directions to the any person in cardiac arrest or experiencing severe bleeding for emergency medical services personnel upon arrival at the school, and coordinating communications with the designated team lead or leads; and (8)(10) Apprise all school personnel of the location of automated external defibrillators and bleeding control kits and the identities of the members of the internal response team. (d) Subject to appropriations by the General Assembly, the Department of Education shall provide funds to local school systems to assist in the purchase of automated external defibrillators pursuant to this Code section. (e) The department and local school systems shall consult as necessary with the Georgia Trauma Commission Bleeding Control Kit Program and Regional Trauma Advisory Committee coordinators to obtain bleeding control kits and to provide training on bleeding control kit use to meet the requirements of this Code section. (e)(f) The department and local school systems shall use diligent efforts to identify private sources of funding or donation of funding and equipment for cardiopulmonary resuscitation, automated external defibrillator use, and bleeding control kit use to meet the requirements of this Code section." SECTION 7. Said title is further amended in Article 27 of Chapter 2, relating to loitering at or disrupting schools, is amended by adding a new Code section to read as follows: "20-2-1187. (a) As used in this Code section, the term 'weapon' shall have the same meaning as set forth in Code Section 16-11-127.1. (b)(1) Each local board of education and other public school governing body shall implement a weapon detection system and shall adopt policies, rules, regulations, and procedures as necessary to establish and provide for security measures to: (A) Detect, through electronic, analytical, visual, olfactory, or other means, the presence of weapons; and (B) Aid in the prevention of any individual attempting to unlawfully possess or carry a weapon in any permanent building that is owned by or leased to a local board of education or other public school governing body where students are present in accordance with routine school operations and procedures. (2) Such system, policies, rules, regulations, and procedures shall, at a minimum, require that such security measures are utilized at all main points of entry to such permanent buildings, as provided in school safety plans required under Code Section 20-2-1185; provided, however, that such security measures shall not be required for any point of entry to or exit from such permanent buildings that routinely remains locked, is equipped with an alarm that sounds when the point of entry or exit is accessed, and is not intended for student use or is intended for student use only on an emergency basis. (c) Each local board of education and other public school governing body shall be authorized to use available grants and other funding to meet the requirements of this Code section." SECTION 8. Said title is further amended in Article 31B of Chapter 2, relating to charter school capital finance, by designating Code Sections 20-2-2095 through 20-2-2095.5 as Part 1, by replacing the term "article" with the term "part" wherever the former term appears in any of such Code sections, and by adding a new part to read as follows: "Part 2 20-2-2095.20. As used in this part, the term: (1) 'Authority' means the Georgia Charter School Facilities Authority created in this part. (2) 'Charter school' shall have the same meaning as set forth in Code Section 20-2-2095.1. (3) 'Cost of project' or 'cost of any project' means: (A) All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, extension, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the costs of all land, interests in land, estates for years, easements, rights, improvements, water rights, and connections for utility services; the costs of fees, franchises, permits, approvals, licenses, and certificates; the costs of securing any such franchises, permits, approvals, licenses, or certificates; the costs of preparation of any application therefor; and the costs of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges and loan or loan guarantee fees and all interest on notes of the authority which accrue or are paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, planning, environmental assessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project; (E) All expenses for inspection of any project; (F) All fees and all other costs and expenses incurred relative to the issuance of any notes for any project; (G) All fees of any type charged by the authority in connection with any project; (H) All expenses of or incidental to determining the feasibility or practicability of any project; (I) All costs of plans and specifications for any project; (J) All costs of title insurance and examinations of title with respect to any project; (K) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (L) Administrative expenses of the authority, including, but not limited to, personnel and operational costs, and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (M) The establishment of a fund or funds as the authority may approve with respect to the financing and operation of any project and as may be authorized by any instrument or agreement pursuant to the provisions of which the issuance of any notes of the authority may be authorized. Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of notes issued by the authority. (4) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of charter schools, which, without limiting the generality of the foregoing, shall include: classrooms; libraries; rooms and space for physical education; space for fine arts; restrooms; specialized laboratories; cafeterias; media centers; building equipment; building fixtures; furnishings; career, technical, and agricultural education labs and facilities to support industry credentialing; related exterior facilities; landscaping and paving; and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition. (5) 'Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing educational facilities. (6) 'Qualified charter school organization' shall have the same meaning as set forth in Code Section 20-2-2095.1. (7) 'Renovation' or 'modernization' or both refers to construction projects which consist of the installation or replacement of major building components including lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations. 20-2-2095.21. (a) There is created a body corporate and politic to be known as the Georgia Charter School Facilities Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of 15 members: the State School Superintendent, ex officio; the chairperson of the State Board of Education, ex officio; the state property officer, ex officio; the state auditor, ex officio; the executive director of the State Charter Schools Commission, ex officio; the director of the Office of Charter School Compliance, ex officio; three members to be appointed by the Governor; three members to be appointed by the President of the Senate; and three members to be appointed by the Speaker of the House of Representatives. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each appoint one member to serve until July 1, 2028, and two members to serve until July 1, 2030. Upon the expiration of each such initial terms, the terms of all succeeding members shall be for four years. (b) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. (c) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to an independent auditing firm selected by the authority on or about the close of the state's fiscal year for the purpose of obtaining a certified audit of the authority's finances. (d) The authority shall make rules and regulations for its own government. The authority shall have perpetual existence. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part. (e) The Attorney General shall provide legal services for the authority and in connection therewith Code Sections 45-15-13 through 45-15-16 shall be fully applicable. (f) The members of the commission shall not be compensated for their services on the commission but may be reimbursed for per diem and travel expenses in the same manner as provided for in Code Section 45-7-21. (g) Until such time as proceeds generated from the issuance of notes are adequate to cover the personnel and operational costs of the authority, the authority may withhold up to 5 percent of the authority's total appropriation to cover personnel and operational costs. (h) The authority is assigned to the Georgia State Financing and Investment Commission for administrative purposes, which shall include providing .the authority with facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the authority. 20-2-2095.22. (a) The corporate purpose and the general nature of the business of the authority shall be assistance in constructing, extending, rehabilitating, repairing, replacing, and renewing educational facilities necessary for educational purposes or necessary or incidental to such purposes by providing loans and other forms of financial and technical assistance to qualified charter school organizations to finance any project or pay the cost of any project. (b) The authority shall have power: (1) To have a seal and alter the same at its pleasure; (2) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws; (3) To designate three or more of its number to constitute an executive committee who, to the extent provided in such resolution or in the bylaws of the authority, shall have and may exercise the powers of the authority in the management of the affairs and property of the authority and the exercise of its powers; (4) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by a charter school organization, a local government, the authority, or by the state or any state authority; and any and all local governments, departments, institutions, authorities, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the authority for such consideration and for such purposes as the authority deems advisable; (5) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (6) To make loans to qualified charter school organizations to finance projects and to pay the cost of any project by qualified charter school organizations and to adopt rules, regulations, and procedures for making such loans, including to fund a revolving loan fund; (7) To make loans to any qualified charter school organization for the cost or expense of any project or any part of the cost or expense of any project, which loans may be evidenced or secured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this part in connection with any project, the authority shall have the right and power to require the inclusion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (8) To finance projects by loan, loan guarantee, lease, or otherwise, and to pay the cost of any project from any funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use; (9) To collect fees and charges in connection with its loans, loan guarantees, commitments, management services, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority; (10) To lease to qualified charter school organizations any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; (11) To acquire or contract to acquire from any person, firm, corporation, local government, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and qualified charter school organization is authorized to grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the authority; (12) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this part and to comply, subject to the provisions of this part, with the terms and conditions thereof; (13) To contract with state agencies or any qualified charter school organization for the use by the authority of any property or facilities or services of the state or any such state qualified charter school organization or for the use by any state agency or qualified charter school organization of any facilities or services of the authority and such state agencies and qualified charter school organizations are authorized to enter into such contracts; (14) As security for repayment of any obligations of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; (15) To use income earned on any investment for such corporate purposes of the authority as the authority in its discretion shall determine; (16) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority. Any such subsidiary corporation shall be a nonprofit corporation, a public body corporate and politic, a political subdivision of the state, and an instrumentality of the state and shall exercise essential governmental functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the State of Georgia. The authority shall not be liable for the debts or obligations of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents; (17) To cooperate and act in conjunction with educational organizations; with agencies of the federal government and this state and local government; with other states and their political subdivisions; and with joint agencies thereof, and such state agencies, local government, and joint agencies are authorized and empowered to cooperate and act in conjunction and to enter into contracts or agreements with the authority and qualified charter school organizations to achieve or further the policies of the state declared in this part; (18) To procure insurance against any loss in connection with its property and other assets or obligations or to establish cash reserves to enable it to act as self-insurer against any and all such losses; (19) To lend any of the securities of the type described in this subsection; (20) To transfer to the state any funds of the authority determined by the authority to be in excess of those needed for its corporate purposes; (21) To make loan commitments and loans to qualified charter school organizations for educational facilities projects; (22) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; (23) To do all things necessary or convenient to carry out the powers conferred by this part; and (24) To promulgate and adopt rules and regulations to carry out the purposes of this part. (c) The authority shall not have the power of eminent domain. 20-2-2095.23. (a) The authority may make loans to a qualified charter school organization to pay all or any part of the cost of: (1) A project, up to a maximum of the lesser of 20 percent of the project total or $2 million, except as provided for in paragraph (2) of this subsection; and (2) A renovation or modernization project, up to a maximum of $200,000.00. (b) The authority shall not enter into any loan or loan commitment with a qualified charter school organization for a term that exceeds the earlier of the expiration date of such qualified charter school organization's current charter agreement with the State Board of Education or five years. (c) The authority and a qualified charter school organization may enter into such loan or other loan commitments as may be determined appropriate by the authority. (d) The authority may require as a condition of any loan to a qualified charter school organization that such qualified charter school organization shall perform any or all of the following: (1) Create and maintain a special fund or funds as additional security for the payment of any amounts becoming due under any agreement as shall be sufficient to make such payment as the same shall become due and payable; (2) Create and maintain such other special funds as may be required by the authority; and (3) Such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, as may be deemed necessary or desirable by the authority to secure the payment of the principal of and interest on notes or obligations and to provide for the remedies of the authority in the event of any default by such qualified charter school organization in such payment. (e) All qualified charter school organizations are authorized to perform such acts, take such action, adopt such proceedings, and make and carry out such contracts with the authority as may be contemplated by this part. (f) In connection with the making of any loan authorized by this part, the authority may fix and collect such fees and charges, including, but not limited to, the reimbursement of all costs of financing by the authority, as the authority shall determine to be reasonable. 20-2-2095.24. (a) For the purposes of this Code section, the term 'lease agreement' means and includes a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a qualified charter school organization, or any combination thereof. (b) A qualified charter school organization may enter into a lease agreement for the provision of educational facilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom. (c) No lease agreement shall be deemed to be a contract subject to any law requiring that a contract shall be let only after receipt of competitive bids. (d) Any lease agreement may provide for the construction of an educational facility by the qualified charter school organization as agent for the authority. In such event, all contracts for such construction shall be let by such qualified charter school organization in accordance with the provisions of law otherwise applicable to the letting of such contracts by such qualified charter school organization and with the provisions of state law pertaining to prevailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such qualified charter school organization shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such qualified charter school organization or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in connection therewith, or in operating and maintaining the same. (e) Any lease agreement directly between the state or authority and a qualified charter school organization may contain provisions requiring the qualified charter school organization to perform any or all of the following: (1) Create and maintain a special fund or funds as additional security for the payment of any amounts becoming due under any agreement as shall be sufficient to make such payment as the same shall become due and payable; (2) Create and maintain such other special funds as may be required by the authority; and (3) Such other acts and take such other action as may be deemed necessary and desirable by the authority to secure the complete and punctual performance by such qualified charter school organization of such lease agreements and to provide for the remedies of the authority in the event of a default by such qualified charter school organization in such payment. 20-2-2095.25. Neither the members of the authority nor any officer or employee of the authority acting on behalf thereof, while acting within the scope of his or her authority, shall be subject to any liability resulting from: (1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; or (2) Carrying out any of the powers expressly given in this part. 20-2-2095.26. No notice, proceeding, or publication except those required in this part shall be necessary to the performance of any act authorized in this part; nor shall any such act be subject to referendum. 20-2-2095.27. No obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies. 20-2-2095.28. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this part. For such reasons, the state covenants with the holders from time to time of obligations issued under this part that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the notes of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this part shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. 20-2-2095.29. The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this part shall be construed to remove any such rights. 20-2-2095.30. This part, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this part. 20-2-2095.31. (a) In the event of a failure of any qualified charter school organization to collect and remit in full all amounts due to the authority and all amounts due to others which involve the authority, on the date such amounts are due under the terms of any note of the qualified charter school organization, it shall be the duty of the authority to notify the state treasurer who shall withhold all funds of the state and all funds administered by the state and its agencies, boards, and instrumentalities allotted to such qualified charter school organization until such qualified charter school organization has collected and remitted in full all sums due and cured or remedied all defaults on any such note. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a qualified charter school organization which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state." SECTION 9. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended in Article 10 of Chapter 3, relating to state-wide first responder building mapping information system, by revising Code Section 38-3-154, relating to school mapping data and immunity from liability, as follows: "38-3-154. (a) Not later than July 1, 2026, each public school shall procure school mapping data which shall: (1) Be in formats that conform to and integrate with software platforms utilized in local public safety answering points and by local, state, and federal public safety agencies that respond to emergencies at schools and that do not require such agencies to purchase additional software or provide payment in order to view or access such data; (2) Be in formats capable of being printed, shared electronically, and, if requested, digitally integrated into interactive mobile platforms; (3) Be verified for accuracy by July 1 each year by relevant public safety agencies, school safety personnel, school administrators, or the entity producing such school mapping data by means of an in-person inspection of each school; (4) Identify and label access points of each building interior, including, but not limited to, rooms, doors, stairwells, and hallways, each of which shall include any identifiers or names utilized by staff and students; (5) Identify and label locations of critical utilities, key boxes, automated external defibrillators, and trauma kits or other emergency response aids; and (6) Identify and label areas at or near each school, including parking areas, athletic fields, surrounding roads, outbuildings, and neighboring properties. (b) Any future updates to school mapping data provided for in this Code section shall conform to and integrate with software platforms utilized in local public safety answering points and by local, state, and federal public safety agencies that provide emergency services to each school. (c) The agency shall be authorized to develop rules and regulations for the requirements for school mapping data, including, but not limited to, standards for the use of school mapping data, encryption of such data, and transmission of such data over secure methods to law enforcement officers, firefighters, and other authorized emergency first responders. (d) Local school systems shall collaborate with and receive concurrence from its primary local law enforcement agency prior to procuring school mapping data to ensure such school mapping data meets the requirements of this Code section. (e) Information provided to the agency under this Code section shall be exempt from public disclosure to the extent provided in Code Section 50-18-72. (f)(1) Local boards of education, local school systems, public schools, and local governments and agencies shall be immune from civil liability for any damages arising out of the creation and use of the school mapping data. (2) Employees of local boards of education, local school systems, and local governments and agencies shall be immune from civil liability for any damages arising out of the creation and use of the school mapping data unless it is shown that such employee acted with gross negligence or bad faith." SECTION 10. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Article 2 of Chapter 17, the "Georgia State Financing and Investment Commission Act," by revising subsection (a) of Code Section 50-17-22, relating to the State Financing and Investment Commission, as follows: "(a) Responsibilities. Subject to the limitations contained in this article, the commission shall be responsible for the issuance of all public debt incurred hereunder, for the proper application of the proceeds of such debt to the purposes for which it is incurred, for the proper application of an appropriation to the commission for capital outlay to the purpose for which it is appropriated, and for the application and administration of this article; provided, however, that the proceeds of guaranteed revenue obligations shall be paid to the issuer thereof, and such proceeds and the application thereof shall be the responsibility of the issuer. The commission shall also be responsible for the proper disbursement of an appropriation to it for public school capital outlay, including charter school capital outlay, and the commission and the State Board of Education will be concurrently responsible for its proper application. The commission shall be responsible for the issuance of guaranteed revenue debt, except that bonds themselves evidencing such debt shall be in the name of the instrumentality of this state issuing the same and shall be issued and executed in accordance with the laws relative to such instrumentality and the applicable provisions of this article." SECTION 11. (a) Except as provided in subsections (b) and (c) of this section, this Act shall become effective on July 1, 2026. (b) Section 6 of this Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act enacted by the General Assembly. If funds are so appropriated, then Section 6 of this Act shall become effective on the later of: (1) The date on which such appropriations Act becomes effective; or (2) The beginning date of the fiscal year for which such appropriations are made. (c) Section 7 of this Act shall become effective on January 1, 2028. SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Versions

  1. Floor Amendment AM 49 0335September 25, 2026currentamendment:2025-2026/hb1396/248985@248985

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