HB 1486: Education; term "education record"; revise definitions

House Bill 1486

By: Representatives Persinger of the 119th, Camp of the 135th, and Erwin of the 32nd

A BILL TO BE ENTITLED

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise definitions of the term "education record"; to include additional cross-references relative to access to student education records by parents and legal custodians; to repeal a specific time limitation upon a parent or legal custodian's right to request education records; to replace certain terms used in such title with "school business day"; to provide for definitions; to provide for an effective date; 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 in Article 1 of Chapter 1, relating to general provisions, by repealing Code Section 20-1-9, relating to "local school system," "local boards of education," and "county boards of education" defined, and enacting a new Code Section 20-1-9 to read as follows:

"20-1-9.

Except as may otherwise be specifically provided, as used in this title, the term:

(1) 'Area school system' means a local school system authorized by and created pursuant to Article VIII, Section V, Paragraph I of the Georgia Constitution that comprises the consolidation of two or more county school systems, independent school systems, portions thereof, or any combination thereof.

(2) 'County school system' means a local school system authorized by Article VIII, Section V, Paragraph I of the Georgia Constitution, that is not an area school system or an independent school system, and that comprises the portion of a county that is not part of an area school system or an independent school system.

(3) 'Independent school system' means a local school system authorized by Article VIII, Section V, Paragraph I of the Georgia Constitution that existed at the time of the ratification thereof and that is not a county school system or an area school system.

(4) 'Local board of education' means the board of education for a local school system.

(5) 'Local school system' means any area school system, county school system, or independent school system authorized by Article VIII, Section V, Paragraph I of the Georgia Constitution.

(6) 'School business day' means any day except Saturday, Sunday, or a legal holiday when:

(A) At least one school administrator is required to report to the school in person for duty for all or part of the day; provided, however, that this requirement shall not be met when such school administrator's presence is for the exclusive purpose of securing or maintaining school facilities; and

(B)(i) The school is not designated as closed for students and school personnel, or a similar designation, on its official school calendar; or

(ii) The school is not closed for students and school personnel pursuant to a lawful order by the Governor, the local board of education or other governing body, the local school superintendent, or another government agency or official with legal authority to issue such order.

(7) 'School day' means any day when:

(A) A school is in operation and providing for in-person or virtual instruction or other educational programs or services to students enrolled in such school; and (B)(i) The school is not designated as closed for students, on break, on holiday, not in session, or a similar designation on its official school calendar; or

(ii) The school is not closed for students pursuant to a lawful order by the Governor, the local board of education or other governing body, the local school superintendent, or another government agency or official with legal authority to issue such order.

(8) 'School system' shall have the same meaning as local school system."

SECTION 2.

Said title is further amended in Article 15 of Chapter 2, relating to student data privacy, accessibility, and transparency, by revising paragraph (4) of Code Section 20-2-662, relating to definitions, as follows:

"(4) 'Education record' means an education record as defined in the federal Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section 1232g; and 34 C.F.R. Part 99.3. An education record does not include the types of student data excepted in FERPA, does not include student data collected by an operator when it is used for internal operations purposes, does not include or student data that is not formatted for or expected to be accessed by school, local board of education, or department employees, nor does it include student data that a local board of education determines cannot reasonably be made available to the parent or eligible student."

SECTION 3.

Said title is further amended in Subpart 1 of Part 1 of Article 16 of Chapter 2, relating to transfer students, by revising paragraph (2) of subsection (a) and subsection (e) of Code Section 20-2-670, relating to disclosures and information required for permanent enrollment in a grade higher than third, provisional enrollment, and transfer of education records, as follows:

"(2) 'Education records' means any education record, as such term is defined in the federal Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section 1232g; and 34 C.F.R. Part 99.3, that is maintained by a local education agency, a public or private elementary or secondary school, the Department of Juvenile Justice school system, or a party acting on behalf of such entity and is directly related to a student. Such term shall include, but shall not be limited to, records of such student's enrollment, attendance, class schedules, academic transcripts, grades, student discipline, student financial information, health records, special education records, and psychological evaluations. Such term shall include the student's critical records."

"(e) Each time a transferring student's education records, including, but not limited to, critical records, are transferred to a receiving school, such student's parent or legal custodian shall be notified in writing by the receiving school of the transfer of such records and shall, upon written request made within five school business days of the date of such notice, be entitled to receive a copy of such records from the receiving school. Within five school business days of the receipt of a copy of such records, such student's parent or legal custodian may make a written request for and shall be entitled to a meeting with the principal of the sending school or of the receiving school or his or her designee for the purpose of correcting the content of such records as provided in Code Section 20-2-667. The parties may mutually agree for such meeting to occur at a date and time outside of such five-day period."

SECTION 4.

Said title is further amended in Subpart 3 of Part 1 of Article 16 of Chapter 2, relating to records, by revising subsections (a) and (b) of Code Section 20-2-720, relating to inspection of students' records by parents or legal custodians, as follows: "(a) As used in this Code section, the term:

(1) 'Education record records' shall have the same meaning as provided for set forth in Code Section 20-2-662 20-2-670.

(2) 'Legal custodian' means an entity or individual other than a parent with legal authority to act on behalf of a student. Such term shall include the Department of Juvenile Justice and the Division of Family and Children Services of the Department of Human Services.

(3) 'Local board of education' means the governing body of each local education agency as such terms are defined in Code Section 20-2-167.1. Such term shall include the school system of the Department of Juvenile Justice.

(4) 'Parent' means an individual other than a legal custodian who has legal authority to act on behalf of a student as a natural or adoptive parent or a legal guardian.

(b) No local board of education shall have a policy of denying, or which effectively prevents, the parents or legal custodians of students who are in attendance at or who have been enrolled in any facility within such system the right to inspect and review the education records of their child as provided in Code Section Sections 20-2-667, 20-2-670, and 20-2-786."

SECTION 5.

Said title is further amended by replacing the terms "school day", "school days", "business day", and "business days" with "school business day" or "school business days", respectively, wherever the former terms appear in:

(1) Code Section 20-1-11, relating to advocating for divisive concepts, prohibition on discrimination, practice of tolerance and mutual respect encouraged, complaint resolution policies, inspection of records, and waivers prohibited;

(2) Code Section 20-2-315, relating to sexual discrimination in sports, designations of teams, equal opportunity for all sexes, facilities, accommodations, and violations;

(3) Code Section 20-2-324.6, relating to complaint resolution policy for materials "harmful to minors";

(4) Code Section 20-2-667, relating to parental and student review of education record and model policies;

(5) Subsection (f) of Code Section 20-2-670, relating to disclosures and information required for permanent enrollment in a grade higher than third, provisional enrollment, and transfer of education records;

(6) Subsection (a.1) of Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers, attendance reports and records kept by public schools, and letter indicating enrollment;

(7) Code Section 20-2-786, the "Parents' Bill of Rights"; and

(8) Code Section 20-2-2064, relating to approval or denial of petition under the "Charter Schools Act of 1998."

SECTION 6.

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

SECTION 7.

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