House Bill 995
By: Representatives Barnes of the 86th, Crawford of the 89th, Berry of the 56th, McQueen of
the 61st, Holly of the 116th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to student health in elementary and secondary education, so as to provide
for the establishment of and purpose for the Vape-Free Schools Grant Program; to provide
for the allocation of grant awards under such program; to provide for grant award criteria,
terms, and conditions; to require the State Board of Education to develop a model policy on
student vaping awareness and prevention; to require the Department of Education to create
a list of approved vaping detectors, develop guidance and resources to facilitate partnerships
for student rehabilitative services relative to vaping; to require public schools with grades
nine through 12 to acquire and install vaping detectors and include vaping policy provisions
in the student code of conduct; to provide for grant application form, procedures, and
requirements; to provide for annual reporting; to provide for construction; to provide for
rules and regulations; to provide for contingent effectiveness and automatic repeal; to provide
for definitions; to provide a short title; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Vape-Free Schools Act."
SECTION 2.
Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,
relating to student health in elementary and secondary education, is amended by adding a
new Code section to read as follows:
<ins>"20-2-776.6.
(a) As used in this Code section, the term:
(1) 'Grant program' means the Vape-Free Schools Grant Program established pursuant
to subsection (b) of this Code section.
(2) 'Public secondary school' means all public schools with grades nine through 12.
(3) 'Vaping' means the act of inhaling and exhaling aerosol or vapor produced by a
vaping product.
(4) 'Vaping detector' means a device that is capable of detecting vaping and alerting the
appropriate staff of a public secondary school of such vaping through the use of a
real-time, silent alarm.
(5) 'Vaping product' shall have the same meaning as 'vapor product' as set forth in Code
Section 16-12-170.
(b) Not later than December 31, 2026, the State Board of Education shall:
(1) Establish the Vape-Free Schools Grant Program. The purpose of such grant program
shall be to provide resources and funding to public secondary schools for the purpose of
acquiring, installing, and maintaining vaping detectors in accordance with paragraph (1)
of subsection (d) of this Code section. Grants shall be awarded to public secondary
schools based on criteria, terms, and conditions as determined by the State Board of
Education; and
</ins>
<ins>(2) Promulgate a model policy on vaping awareness and prevention that is consistent
with the requirements set forth in paragraph (2) of subsection (d) of this Code section.
(c) Not later than December 31, 2026, the Department of Education shall, in consultation
with the Department of Public Health, the Department of Administrative Services, and
appropriate experts:
(1) Develop a list of approved vaping detectors that may be used to fulfill the
requirements of paragraph (1) of subsection (d) of this Code section; and
(2) Develop guidance and resources for public secondary schools to facilitate the
establishment of partnerships with organizations specializing in rehabilitative services for
students, consistent with the purposes of this Code section.
(d) Prior to the 2027-2028 school year, each local board of education and other public
school governing body shall establish a policy that requires each public secondary school
to:
(1) Acquire and install vaping detectors, approved by the Department of Education
pursuant to paragraph (1) of subsection (c) of this Code section, in areas within such
schools where students might attempt to engage in vaping, including, but not limited to,
all student bathrooms and locker rooms; and
(2) Adopt and include in the student code of conduct for that school, as annually
distributed pursuant to Code Section 20-2-736, a policy on vaping awareness and
prevention. Such policy shall be developed in consultation with school and community
stakeholders and appropriate experts, and shall, at minimum, include:
(A) A statement prohibiting any student at a public secondary school from possessing
or using any vaping product on school premises, on a school bus, or at any school
sponsored function and from tampering with a vaping detector;
(B) A series of graduated consequences for any student who violates such policy,
which shall include, but shall not be limited to, required participation in a certified drug
</ins>
<ins>and alcohol awareness class. Such consequences shall conform with applicable
disability, antidiscrimination, and education laws and school discipline policies;
(C) A complaint form and procedure for anonymously reporting violations of such
policy; provided, however, that an anonymous report may not be the basis of imposing
formal disciplinary action against a student;
(D) A procedure for the prompt investigation of any report of a violation of such
policy;
(E) A response procedure for school staff to follow upon confirmation of a violation
of such policy; and
(F) A procedure for publicizing that school's policy in that school's student code of
conduct.
(e) A public secondary school seeking to participate and receive funding under the grant
program shall submit an application to the Department of Education in the manner
prescribed by the Department of Education, according to policies, rules, and regulations
established by the State Board of Education.
(f) The Department of Education shall collect, maintain, and annually report to the
Department of Public Health, the chairperson on the House Committee on Education, and
the chairperson on the Senate Education and Youth Committee data for the preceding
school year, including, at a minimum, the number of vaping alerts occurring at each public
secondary school and the effectiveness of the vaping detectors and other measures at each
public secondary school in reducing student vaping.
(g) Nothing in this Code section shall be construed to:
(1) Preclude a public secondary school from acquiring and installing vaping detectors
in accordance with paragraph (1) of subsection (d) of this Code section at its own
expense; or
(2) Require any public secondary school to acquire and install vaping detectors in
accordance with paragraph (1) of subsection (d) of this Code section if such school had
</ins>
<ins>acquired or installed vaping detectors prior to July 1, 2026; provided, however, that any
such existing vaping detectors shall be capable of providing real-time alerts of vaping to
the appropriate staff and shall be installed within all student bathrooms and locker rooms
and such other areas within the school where students might attempt to engage in vaping.
(h) The State Board of Education is authorized to establish policies, rules, and regulations
as necessary to administer and implement this Code section."
</ins> SECTION 3.
The provisions of Code Section 20-2-776.6 in Section 2 of this Act shall become effective
only if funds are specifically appropriated for the purposes of such Code section in an
appropriations Act enacted by the General Assembly and shall stand repealed by operation
of law on December 31, 2026, if no such funding becomes available by September 30, 2026.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.