The House Committee on Education offers the following substitute to SB 152:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2B of Title 20 of the Official Code of Georgia Annotated, relating to
promise scholarship accounts, so as to provide that the biological or adopted children of
individuals who are foster parents and who meet certain conditions shall qualify for promise
scholarship accounts; to provide for such conditions; to provide for definitions; to provide
for the education savings authority to make limited disclosures to the Department of Revenue
for purposes of verifying income as compared to income thresholds; to clarify and revise
student qualifications for promise scholarship accounts; 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.
Chapter 2B of Title 20 of the Official Code of Georgia Annotated, relating to promise
scholarship accounts, is amended in Code Section 20-2B-5, relating to powers of the
education savings authority, by revising subsection (b) and by adding two new subsections
to read as follows:
"(b) <del>Pursuant</del> <ins>Except as provided in subsection (d) of this Code section, pursuant</ins> to Code
Section 50-18-70, the education savings authority shall not disclose and shall keep
confidential, in each case unless identifying information has been redacted:
(1) Records that include information identifying a student or former student by name,
address except for ZIP Code, telephone number, or emergency contact; and
(2) Records that reveal an individual's social security number, mother's birth name, credit
card information, debit card information, bank account information, account number,
utility account number, password used to access his or her account, financial data or
information, insurance or medical information in all records, unlisted telephone number
if so designated in a public record, personal email address or cellular telephone number,
or month and day of birth."
<ins>"(d) As necessary to enforce the provisions of this chapter, the education savings authority
or its duly authorized agents may submit to the state revenue commissioner the names of
applicants for promise scholarship accounts or account funds or other benefits or payments
provided under this chapter, as well as the relevant income threshold specified therein. If
the education savings authority elects to contract with the state revenue commissioner for
such purposes, the state revenue commissioner and his or her agents or employees shall
notify the education savings authority whether each submitted applicant's income exceeds
the relevant income threshold provided. The education savings authority shall pay the state
revenue commissioner for all costs incurred by the Department of Revenue pursuant to this
subsection. No information shall be provided by the Department of Revenue to the
education savings authority without an executed cooperative agreement between the two
entities. Any tax information secured from the federal government by the Department of
Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may
not be disclosed by the Department of Revenue pursuant to this subsection. Any person
receiving any tax information under the authority of this subsection is subject to the
</ins>
<ins>provisions of Code Section 48-7-60 and to all penalties provided under Code
Section 48-7-61 for unlawful divulging of confidential tax information.
(e) As necessary to enforce the provisions of the chapter, the education savings authority
or its duly authorized agents may submit to the Department of Human Services the names
of foster parents provided by applicants seeking promise scholarships accounts pursuant
to Code Section 20-2B-22.1. The Department of Human Services shall, upon receipt of
such names, provide verification to the education savings authority or its duly authorized
agents as to whether such individuals are foster parents as such term is defined in Code
Section 20-2B-22.1."
</ins> SECTION 2.
Said chapter is further amended in Code Section 20-2B-22, relating to participating student
qualifications, continued eligibility of participating students to receive funds subject to
conditions, requirements for parents of participating students, and forfeiture of account funds,
by revising paragraph (3) and subparagraph (B) of paragraph (5) of subsection (a) as follows:
"(3) <del>The student resides in the attendance zone of</del> <ins>Based on his or her primary residence,
the student is currently enrolled in, or will be eligible to be enrolled for the following
school year in,</ins> a public school that is included on the list of public schools provided for
in Code Section 20-2B-29 <ins>or a qualified kindergarten program of such school;"
</ins> "(B) 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) of this paragraph and the student:
(i) Is already a participating student; <del>or</del> <ins>and
</ins> (ii) Timely submitted an application for an account to the education savings authority
by either of the two quarterly application deadlines immediately preceding July 1 as
provided for in paragraph (9) of this subsection,
the student's family income exceeds 400 percent of the federal poverty level as defined
annually by the federal Office of Management and Budget; provided, however, that from
among students provided for in this subparagraph, students who previously participated
in the program shall be prioritized;"
SECTION 3.
Said chapter is further amended by adding a new Code section to read as follows:
<ins>"20-2B-22.1.
(a) As used in this Code section, the term:
(1) 'Biological or adopted child' means a child who is the biological issue of an
individual or who has been adopted by an individual pursuant to a decree of adoption by
a court of this state or by a court of any other jurisdiction.
(2) 'Foster parent' means an individual who maintains an approved and open foster care
home which is utilized by a child-placing agency pursuant to Chapter 5 of Title 49 or
approved and directly supervised by the Department of Human Services.
(b) Notwithstanding any provision of Code Section 20-2B-22 to the contrary, each student
who has reached the age of four years but has not reached the age of 20 years, who is the
biological or adopted child of an individual who is a foster parent, and who meets the
requirements of paragraphs (1), (4), (6), (7), (8), and (9) of subsection (a) of Code Section
20-2B-22 shall qualify for a promise scholarship account under this article."
</ins> SECTION 4.
This Act shall become effective on July 1, 2025.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.