House Bill 293
By: Representatives Miller of the 62nd, Carter of the 93rd, Glaize of the 67th, Willis of the 55th,
Berry of the 56th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
repeal various provisions of the “Protect Students First Act,” enacted by Ga. L. 2022, p.136,
relating to divisive concepts; to repeal 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; to
repeal a provision which prohibits basing certification and classification of certain
professional personnel upon completion of training programs which advocate for certain
concepts; to repeal a provision which prohibits certain performance standards and the code
of ethics for educators to require completion of training programs which advocate for certain
concepts; 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 20-2-11,
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, in its entirety.
SECTION 2.
Said title is further amended in Subpart 1 of Part 6 of Article 6 of Chapter 2, relating to
certificated professional personnel in elementary and secondary education, by revising
subsection (a) and paragraph (1) of subsection (b) of Code Section 20-2-200, relating to
regulation of certificated professional personnel by Professional Standards Commission,
rules and regulations, and fees, as follows:
"(a) The Professional Standards Commission shall provide, by regulation, for certifying
and classifying all certificated professional personnel employed in the public schools of
this state, including personnel who provide virtual instruction to public schools of this state,
whether such personnel are located within or outside of this state or whether such personnel
are employed by a local unit of administration. <del>Such certification and classification shall
not be dependent in whole or in part upon an individual participating in or completing any
training program in which divisive concepts, as such term is defined in Code Section
20-1-11, are advocated for.</del> No such personnel shall be employed in the public schools of
this state unless they hold certificates issued by the commission certifying their
qualifications and classification in accordance with such regulations. The commission
shall establish such number of classifications of other certificated professional personnel
as it may find reasonably necessary or desirable for the operation of the public schools;
provided, however, that such classifications shall be based only upon academic, technical,
and professional training, experience, and competency of such personnel. The commission
is authorized to provide for denying a certificate to an applicant, suspending or revoking
a certificate, or otherwise disciplining the holder of a certificate for good cause after an
investigation is held and notice and an opportunity for a hearing are provided the certificate
holder or applicant in accordance with subsection (d) of Code Section 20-2-984.5. The
commission shall designate and define the various classifications of professional personnel
employed in the public schools of this state that shall be required to be certificated under
this Code section or under Code Section 20-2-206. Without limiting the generality of the
foregoing, the term 'certificated professional personnel' means all professional personnel
certificated by the commission and county or regional librarians.
(b)(1) The Professional Standards Commission shall establish rules and regulations for
appropriate requirements and procedures to ensure high-quality certification standards
for all Georgia educators while facilitating the interstate mobility of out-of-state certified
educators; <del>provided, however, that such rules, regulations, requirements, and procedures
shall not require an individual to participate in or complete any training program in which
divisive concepts, as such term is defined in Code Section 20-1-11, are advocated for."
</del> SECTION 3.
Said title is further amended in Subpart 1A of Part 2 of Article 16 of Chapter 2, relating to
improved student learning environment and discipline in elementary and secondary
education, by revising Code Section 20-2-739, relating to conflict management and
resolution and cultural diversity training programs, as follows:
"20-2-739.
On and after July 1, 2000, the Department of Education shall provide training programs in
conflict management and resolution and in cultural diversity for voluntary implementation
by local boards of education for school employees, parents and guardians, and students;
<del>provided, however, that after July 1, 2022, such training programs shall not advocate for
divisive concepts, as such term is defined in Code Section 20-1-11."
</del> SECTION 4.
Said title is further amended in Part 10 of Article 17 of Chapter 2, relating to professional
standards in elementary and secondary education, by revising subsection (a) of Code
Section 20-2-984, relating to Professional Standards Commission — authority to create and
implement standards and procedures for certifying educational personnel, recommending
standards and procedures for certification, continuation of teaching certificates, and
restrictions, as follows:
"(a) The commission shall create and implement standards and procedures for certifying
educational personnel as qualified for a certificate to practice in the public schools of
Georgia.; <del>provided, however, that such standards and procedures shall not require an
individual to participate in or complete any training program in which divisive concepts,
as such term is defined in Code Section 20-1-11, are advocated for; provided, further, that
such</del> <ins>Such</ins> standards <ins>and procedures</ins> shall include the following:
(1) Procedures for limiting the number and types of certificates to the fewest possible
consistent with providing qualified teachers for Georgia's schools;
(2) In-service training and related requirements needed to renew or maintain
certification;
(3) Multiple or alternative routes to professional teacher certification, including, but not
limited to, the alternative and nontraditional teacher certification programs provided for
in Code Section 20-2-206; provided, however, that the commission's standards and
procedures consider for in-state certification nationally accredited teacher certification
programs outside of this state which are state sponsored and meet the academic
accreditation and certification requirements of the commission; and
(4)(A) Requirements, including appropriate examinations and assessments, for
acquiring and maintaining certification pursuant to Code Section 20-2-200.
(B) Beginning July 1, 2025, the Georgia Assessments for Certification of Educators
(GACE), or any other assessment required by the commission for teacher certification,
shall be aligned with developmentally appropriate evidence based literacy instruction."
SECTION 5.
Said title is further amended in Part 10 of Article 17 of Chapter 2, relating to professional
standards in elementary and secondary education, by revising subsection (a) of Code
Section 20-2-984.1, relating to Professional Standards Commission — adoption of standards
of performance and a code of ethics, as follows:
"(a) It shall be the duty of the commission, by regulation, to adopt standards of
performance and a code of ethics for educators. The standards of performance and code
of ethics shall represent standards of performance and conduct which are generally
accepted by educators of this state. In adopting regulations as provided in this Code
section, the commission shall seek the advice of educators of this state. The standards of
performance and code of ethics adopted by the commission shall be limited to professional
performance and professional ethics. <del>The standards of performance and code of ethics
adopted by the commission shall not require an individual to participate in or complete any
training program in which divisive concepts, as such term is defined in Code Section
20-1-11, are advocated for."
</del> SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.