--- title: SB 22. State School Superintendent; Department of Education to publish relevant and applicable federal guidance documents and related information; require collection: bills id: 2025-2026/sb22 cite_as: SB 22, 2025-2026 Regular Session (Ga.) canonical_url: https://georgiacommons.org/bills/2025-2026/sb22 md_url: https://georgiacommons.org/bills/2025-2026/sb22.md text_url: https://georgiacommons.org/bills/2025-2026/sb22/text source_url: https://www.legis.ga.gov/legislation/69477 date: 2026-01-12 status: introduced corpus_version: bills-2026-08-28 license: Public record of the Georgia General Assembly, via LegiScan; see about.md publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/bills/2025-2026.md previous: https://georgiacommons.org/bills/2025-2026/sb21.md next: https://georgiacommons.org/bills/2025-2026/sb23.md index: https://georgiacommons.org/bills/index.md omitted: votes and history omitted_chars: 240 omitted_url: https://georgiacommons.org/bills/2025-2026/sb22.md?full=1 bill_number: SB 22 session: 2025-2026 Regular Session session_slug: 2025-2026 chamber: Senate bill_type: bill status_date: 2025-01-17 last_action: Senate Recommitted sponsors: - Blake Tillery - Larry Walker - Matt Brass - Shawn Still - Max Burns - Marty Harbin - Jason Anavitarte - Bo Hatchett - Brandon Beach - Chuck Hufstetler - Randy Robertson - Ed Setzler - Russ Goodman - Sam Watson - Greg Dolezal - Brian Strickland - Drew Echols - Clint Dixon - Carden Summers text_version: Introduced has_text: true legiscan_url: https://legiscan.com/GA/bill/SB22/2025 upstream_id: 1929351 summaries_model: claude-sonnet-5 topic_tags: - education policy - state education department - federal guidance transparency - school superintendent - legislative oversight --- # SB 22. State School Superintendent; Department of Education to publish relevant and applicable federal guidance documents and related information; require ## Text 25 LC 49 2025 Senate Bill 22 By: Senators Tillery of the 19th, Walker III of the 20th, Brass of the 6th, Still of the 48th, Burns of the 23rd and others A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 2 of Title 20 of the Official Cod e of Georgia Annotated,1 relating to the State School Superintendent, so as to require the Department of Education to2 publish relevant and applicable federal guidance documents and related information; to3 provide for definitions; to require annual notice from the Stat e School Superintendent to4 designated committees and offices of the General Assembly and the Office and Planning and5 Budget; to authorize the State Board of Education to adopt rule s; to provide for related6 matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the10 State School Superintendent, is amended by revising Code Sectio n 20-2-37, which is11 reserved, as follows:12 "20-2-37.13 (a) As used in this Code section, the term:14 (1) 'Federal agency' means the United States Department of Edu cation or any other15 agency, as such term is defined in 44 U.S.C. Section 3502.16 S. B. 22 - 1 - 25 LC 49 2025 (2) 'Guidance document' means any statement of general applicability issued by a federal17 agency or by an official of such federal agency that sets forth a policy on a statutory,18 regulatory, or technical issue or an interpretation of a statut ory or regulatory issue;19 provided, however, that such term shall not include a rule or other regulatory action that20 has the force and effect of law promulgated in accordance with the notice and comment21 rule-making requirements of the federal Administrative Procedure Act. Such term shall22 include, but shall not be limited to, advisories, announcements , bulletins, circulars,23 directives, letters, manuals, memoranda, notices, policy statements, and media, news, and24 press releases. Such term shall encompass all guidance materials, regardless of format,25 and shall include, but shall not be limited to, audio files and recordings; documents in26 digital, electronic, or hard copy format; video files and recor dings; internet posts; and27 software applications. Such term shall be construed broadly to effectuate the purpose and28 intent of this Code section.29 (b)(1) Within 15 calendar days of receiving a guidance document from a federal agency30 which the State School Superintendent or Department of Education deems relevant and31 applicable to the duties, responsibilities, or business of the Department of Education, the32 State Board of Education, or the State School Superintendent, t he Department of33 Education shall publish such guidance document in accordance with the requirements of34 subsection (c) of this Code section.35 (2) Within 45 calendar days of receiving a guidance document p rovided for in36 paragraph (1) of this subsection, the Department of Education s hall include on the37 dedicated web page provided for in subsection (c) of this Code section a written response38 to such guidance document that includes, at a minimum:39 (A) Each federal or state statute, regulation, or rule that is addressed either expressly40 or by reasonable implication, interpretation, or application in such guidance document;41 (B) A description of how such guidance document will be implemented; and42 S. B. 22 - 2 - 25 LC 49 2025 (C) Whether the State School Superintendent or the Department of Education has43 communicated to the relevant federal agency any objection or ex ception to such44 guidance document in whole or in part.45 (3) Within 15 calendar days of a guidance document provided for in paragraph (1) of this46 subsection being rescinded, the Department of Education shall:47 (A) Clearly indicate on the dedicated web page provided for in subsection (c) of this48 Code section that such guidance document has been rescinded; and49 (B) Add the rescinded guidance document along with the date such guidance document50 was rescinded to a separate and clearly identifiable list of re scinded guidance51 documents to be maintained on the dedicated web page provided for in subsection (c)52 of this Code section.53 (c) All guidance documents and rescinded guidance documents which are required to be54 published by the Department of Education under subsection (b) of this Code section shall55 be published on a dedicated web page on the Department of Education's public website that56 is clearly identifiable, readily searchable using the search to ol included on such public57 website, and accessible via a link that is included on the home page of such public website.58 (d) Annually by August 1, the State School Superintendent shal l provide in writing the59 following information to the chairpersons of the House Committe e on Education, the60 Senate Education and Youth Committee, the House Committee on Higher Education, the61 Senate Higher Education Committee, the House Committee on Appro priations, and the62 Senate Appropriations Committee; the Office of Legislative Counsel; and the directors of63 the Office of Planning and Budget, the House Budget and Research Office, and the Senate64 Budget and Evaluation Office:65 (1) The Department of Education's public website address and the link to the dedicated66 web page provided for in subsection (c) of this Code section;67 S. B. 22 - 3 - 25 LC 49 2025 (2) A complete list of guidance documents and rescinded guidance documents that are68 currently published on the dedicated web page provided for in subsection (c) of this Code69 section;70 (3) A complete copy of the written responses provided for in p aragraph (2) of71 subsection (b) of this Code section; and72 (4) A complete copy of each rule adopted by the State Board of Education pursuant to73 subsection (e) of this Code section.74 (e) The State Board of Education shall be authorized to adopt rules as necessary to75 implement the requirements of this Code section. Reserved."76 SECTION 2.77 All laws and parts of laws in conflict with this Act are repealed.78 S. B. 22 - 4 - ## Summaries written by Georgia Commons The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary. Senate Bill 22 would require the Georgia Department of Education to publicly post federal guidance documents it receives and explain how it plans to respond to them, with annual reports to legislative committees. ### Plain-language summary Federal agencies, especially the U.S. Department of Education, regularly issue guidance documents such as memos, bulletins, and policy statements that are not formal regulations but still shape how states run their schools. Currently Georgia has no specific law requiring the state to make these documents public or explain its response to them. This bill would change that by amending O.C.G.A. § 20-2-37. Under the bill, when the State School Superintendent or Department of Education decides a federal guidance document is relevant to their duties, the department would have to post it publicly within 15 days, and post a written response within 45 days explaining which laws it touches, how it will be implemented, and whether the state has objected to it. Rescinded guidance would also have to be tracked. Every year by August 1, the Superintendent must send a written report on all this to several House and Senate committees, the Office of Legislative Counsel, and state budget offices. The State Board of Education may adopt rules to carry out these requirements. ### What it does - Requires the Department of Education to publicly post any federal guidance document it deems relevant within 15 calendar days of receiving it. - Requires a written response to each posted guidance document within 45 days, covering which laws it affects, how it will be implemented, and any objections raised with the federal agency. - Requires the department to clearly mark rescinded guidance documents and keep a running list of them on a dedicated web page. - Requires the State School Superintendent to send an annual written report by August 1 to specified House and Senate committees, the Office of Legislative Counsel, and state budget offices. - Authorizes the State Board of Education to adopt rules to implement these new publication and reporting requirements. - Defines 'federal agency' and 'guidance document' broadly, covering memos, bulletins, press releases, and digital or audio materials, but excluding formal regulations issued through notice-and-comment rulemaking. ### Who it affects The Department of Education, the State School Superintendent, and the State Board of Education, which must track and publish federal guidance, along with legislative committees on education, higher education, and appropriations and state budget offices that receive the annual reports. ### Why it matters Georgians, school districts, and lawmakers would gain a public, searchable record of federal education guidance the state receives and how it plans to respond, making it easier to see whether and how federal policy directives are being adopted or resisted at the state level. ### Key provisions - Section 1 rewrites O.C.G.A. § 20-2-37 to define 'federal agency' and 'guidance document,' explicitly excluding formal rules issued under federal notice-and-comment procedures. - Subsection (b)(1) requires publication of relevant guidance documents within 15 days of receipt. - Subsection (b)(2) requires a written response within 45 days addressing affected statutes, implementation plans, and any objections communicated to the federal agency. - Subsection (b)(3) requires the department to flag rescinded guidance documents and maintain a separate list of them. - Subsection (c) requires all this material to be posted on a dedicated, searchable web page linked from the department's home page. - Subsection (d) requires an annual written report by August 1 to multiple legislative committees and budget offices detailing the web page link, guidance documents, written responses, and any rules adopted. - Subsection (e) authorizes the State Board of Education to adopt implementing rules. - Section 2 repeals conflicting laws. ## Status - Status: Introduced (2025-01-17) - Last action: Senate Recommitted (2026-01-12) - Sponsors: Blake Tillery, Larry Walker, Matt Brass, Shawn Still, Max Burns, Marty Harbin, Jason Anavitarte, Bo Hatchett, Brandon Beach, Chuck Hufstetler, Randy Robertson, Ed Setzler, Russ Goodman, Sam Watson, Greg Dolezal, Brian Strickland, Drew Echols, Clint Dixon, Carden Summers - Official page: https://www.legis.ga.gov/legislation/69477 > The history, votes, and amendments (240 characters) are at https://georgiacommons.org/bills/2025-2026/sb22.md?full=1