Senate Bill 124
By: Senators Still of the 48th, Dolezal of the 27th, Payne of the 54th, Anavitarte of the 31st,
Kennedy of the 18th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
require the State School Superintendent and the Department of Education to take all steps
reasonably necessary to implement guidance documents from a federal agency, including,
but not limited to, directives related to expanding educational freedom and opportunities for
families; to require the publication and reporting of certain information relating to federal
guidance documents; to authorize the State Board of Education to adopt rules; to provide for
definitions; to make promise scholarship accounts available to students whose parent is an
active duty military service member stationed in Georgia, regardless of the school attendance
zone in which such students reside, subject to limitation; to provide for such limitation; to
provide for prioritization of such students; to provide for continued eligibility; to provide for
related matters; to provide for an effective date; 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 2 of Chapter 2, relating to the State School Superintendent, by revising Code
Section 20-2-37, which is reserved, as follows:
"20-2-37.
<ins>(a) As used in this Code section, the term:
(1) 'Federal agency' means the United States Department of Education or any other
agency, as such term is defined in 44 U.S.C. Section 3502.
(2) 'Guidance document' means any statement of general applicability issued by a federal
agency or by an official of such federal agency that sets forth a policy on a statutory,
regulatory, or technical issue or an interpretation of a statutory or regulatory issue;
provided, however, that such term shall not include a rule or other regulatory action that
has the force and effect of law promulgated in accordance with the notice and comment
rule-making requirements of the federal Administrative Procedure Act. Such term shall
include, but shall not be limited to, advisories, announcements, bulletins, circulars,
directives, letters, manuals, memoranda, notices, policy statements, and media, news, and
press releases. Such term shall encompass all guidance materials, regardless of format,
and shall include, but shall not be limited to, audio files and recordings; documents in
digital, electronic, or hard copy format; video files and recordings; internet posts; and
software applications. Such term shall be construed broadly to effectuate the purpose and
intent of this Code section.
(b) The State School Superintendent and the Department of Education shall take all steps
reasonably necessary to implement guidance documents from a federal agency, including,
but not limited to, directives related to expanding educational freedom and opportunities
for families.
(c)(1) Within 15 calendar days of receiving a guidance document from a federal agency
which the State School Superintendent or the State Board of Education deems relevant and
applicable to the duties, responsibilities, or business of the Department of Education, the
Department of Education shall publish such guidance document in accordance with the
requirements of subsection (d) of this Code section.
</ins>
<ins>(2) Within 45 calendar days of receiving a guidance document provided for in
paragraph (1) of this subsection, the Department of Education shall include on the
dedicated web page provided for in subsection (d) of this Code section a written response
to such guidance document that includes, at a minimum:
(A) Each federal or state statute, regulation, or rule that is addressed either expressly
or by reasonable implication, interpretation, or application in such guidance document;
and
(B) A description of how such guidance document will be implemented or objected to.
(3) Within 15 calendar days of a guidance document provided for in paragraph (1) of this
subsection being rescinded, the Department of Education shall:
(A) Clearly indicate on the dedicated web page provided for in subsection (c) of this
Code section that such guidance document has been rescinded; and
(B) Add the rescinded guidance document along with the date such guidance document
was rescinded to a separate and clearly identifiable list of rescinded guidance
documents to be maintained on the dedicated web page provided for in subsection (c)
of this Code section.
(d) All guidance documents and rescinded guidance documents which are required to be
published by the Department of Education under subsection (c) of this Code section shall
be published on a dedicated web page on the Department of Education's public website that
is clearly identifiable, readily searchable using the search tool included on such public
website, and accessible via a link that is included on the home page of such public website.
(e) the State School Superintendent shall report the above to the General Assembly
annually.
(f) The State Board of Education shall be authorized to adopt rules as necessary to
implement the requirements of this Code section.</ins> <del>Reserved."
</del> SECTION 2.
Said title is further amended in Article 2 of Chapter 2B, relating to promise scholarship
accounts, by adding a new Code section to read as follows:
<ins>"20-2B-22.1.
(a) Except as provided in subsection (b) of this Code section, notwithstanding any
provision of paragraph (2) or (3) of subsection (a) of Code Section 20-2B-22 or any other
provision of law to the contrary, each student whose parent is an active duty military
service member stationed in Georgia shall qualify for a promise scholarship account.
(b) Subject to subsection (c) of this Code section:
(1) No student shall qualify for the first time for a promise scholarship account
exclusively pursuant to this Code section during any school year for which the amount
of funds appropriated for the program is less than the amount of funds necessary to
include all students who meet the family income requirement provided for in
subparagraph (a)(5)(A) of Code Section 20-2B-22; and
(2) In the event that the amount of funds appropriated for the program exceeds the
amount of funds necessary to include all students who meet the family income
requirement provided for in subparagraph (a)(5)(A) of Code Section 20-2B-22, students
who qualify for a promise scholarship account exclusively pursuant to this Code section
shall be prioritized over students whose family income exceeds 400 percent of the federal
poverty level as defined annually by the federal Office of Management and Budget.
(c) Provided that such student resides in Georgia, each student who has qualified for a
promise scholarship account under this Code section shall continue to be eligible to receive
account funds until such student returns to a public school, graduates from high school, or
reaches the age of 20 years, or for special education students, reaches the age of 21 years."
</ins> SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.