Senate Bill 248
By: Senators Dixon of the 45th, Anavitarte of the 31st, Harbin of the 16th, Payne of the 54th
and Hickman of the 4th
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
establish and provide for the Georgia Council on Library Materials Standards; to provide for
definitions, including definitions for the terms "harmful to minors," "restricted materials,"
and "sexually explicit materials"; to require the Georgia Council on Library Materials
Standards to establish standards for the designation of restricted materials by local boards of
education, standards for the use and restriction of instructional materials, and standards for
the use and restriction of public school library collection materials; to require the Georgia
Council on Library Materials Standards to annually update such standards; to require the
Department of Education to provide technical support to local boards of education for
implementing such standards; to require local boards of education to adopt and annually
update policies and procedures that comply with such standards; to provide for certain
instructional materials to include ratings which indicate whether any portion of such material
includes sexually explicit material; to prohibit local boards of education from acquiring
instructional materials from vendors who do not provide such ratings and other required
information; to require local boards of education to periodically publish lists of instructional
materials that include sexually explicit materials; to require periodic review of restricted
materials in public school library collection materials and determination of what restricted
materials should be retained; to require local boards of education to periodically provide to
the Department of Education a list of restricted materials included in its school library
collection materials; to require the Department of Education to publish such lists; to provide
that existing complaint resolution policies for materials that are harmful to minors shall
apply, subject to an embargo provision; to revise and expand the definition of "harmful to
minors" regarding the complaint resolution policy for materials that are harmful to minors;
to prohibit sex education for public school students in this state before sixth grade; to prohibit
instruction or discussion of inappropriate sex based topics; to require revocable written
consent from parents or guardians of students before any sex education is provided; to
require governing bodies of public schools and local school systems to afford parents and
guardians of all students and the public opportunity to review and to provide comment on
proposed sex education curricula before approval by such body; to require the State Board
of Education to approve age- and grade-appropriate content standards for sex education
curricula; to provide for definitions; to provide for construction; to revise the "Parents Bill
of Rights" to provide for parents to revocably opt-in to sex education for their children; to
prohibit instruction and informal communication with an emphasis on sexual orientation or
gender identity for public school students in kindergarten through grade three under any
circumstances and for public school students in grades four through 12 with limited
exceptions; to provide for such exceptions; to require annual notification to parents of the
health services offered at their children's public schools; to provide for procedures for parents
to decline or withhold consent for health services to be provided to their children; to provide
for parental rights to access student education and health records; to provide for limitations
on the administration of well-being questionnaires or health screening forms to students in
kindergarten through grade three; to prohibit, either through policy or practice, public schools
and school personnel from discouraging or prohibiting parental notification of and
involvement in critical decisions affecting a student's mental, emotional, or physical health
or well-being; to require public schools to adopt policies and procedures for notifying parents
of changes to student support services, to student monitoring, to the school's ability to
provide a safe and supportive learning environment for a student, or to a student's observed
mental, emotional, or physical health or well-being; to provide for requirements for such
policies and procedures; to require public schools to adopt complaint resolution policies to
address complaints of violations of certain laws relating to prescribed instruction and to the
mental, emotional, or physical health or well-being of students; to provide for remedial
actions and sanctions; to provide for a model policy and guidance; to provide for statutory
construction; to prohibit certain waivers; to provide for definitions; to provide for short titles;
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:
PART I
SECTION 1-1.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in
Chapter 1, relating to general provisions, by adding a new article to read as follows:
<ins>"ARTICLE 5
20-1-50.
This article shall be known and may be cited as the 'Clean Libraries Act.'
20-1-51.
As used in this article, the term 'council' means the Georgia Council on Library Materials
Standards established under this article.
</ins>
<ins>20-1-52.
(a) There is established the Georgia Council on Library Materials Standards for the
purpose of establishing standards for school library programs and services in any public
school operated by a local board of education, for instructional materials used in any public
school operated by a local board of education, and for the designation of restricted
materials by local boards of education.
(b) The council shall work in partnership with the State Board of Education and the
Department of Education to implement the requirements of Code Section 20-2-324.7.
20-1-53.
(a)(1) The council shall be composed of ten members as follows:
(A) Four members appointed by the Governor;
(B) Two members appointed by the Lieutenant Governor;
(C) Two members appointed by the Speaker of the House of Representatives;
(D) One member appointed by the leader of the House of Representatives minority
caucus; and
(E) One member appointed by the leader of the Senate minority caucus.
(2) No more than two members of the council shall be current or former employees of
the Department of Education or a local education agency, as such term is defined in Code
Section 20-2-167.1, and no more than three members shall have any current or former
contractual, legal, or other official affiliation with the Department of Education or a local
education agency.
(b) Each nonlegislative member of the council shall be appointed to serve until his or her
successor is duly appointed. Legislative members of the council shall serve until
completion of their current terms of office. Any member may be appointed to succeed
himself or herself on the council. If a member of the council is an elected or appointed
</ins>
<ins>official, such member, or his or her designee, shall be removed from the council if such
member no longer serves as such elected or appointed official.
(c) The council shall elect a chairperson from among its members and may elect other
officers as it deems necessary. The chairperson of the council may designate and appoint
committees from among the membership of the council as well as appoint other persons
to perform such functions as he or she may determine to be necessary as relevant to and
consistent with this article. The chairperson shall only vote to break a tie.
(d) The council shall be attached for administrative purposes only to the Department of
Education. The Department of Education shall provide staff support for the council and
shall hire an individual to serve as special advisor to the council who shall be responsible
for coordination of such staff support and for working in coordination with stakeholder
agencies and other interested parties. The Department of Education shall use any funds
specifically appropriated to support the work of the council for such purpose.
20-1-54.
(a) The council may conduct meetings at such places and times as it deems necessary or
convenient to enable it to fully and effectively exercise its powers, perform its duties, and
accomplish the objectives and purposes of this article; provided, however, that the council
shall meet not less than four times per year. The council shall hold meetings at the call of
the chairperson.
(b) A quorum for transacting business shall be a majority of the members of the council.
(c) Legislative members of the council shall receive the allowances provided for in Code
Section 28-1-8. Nonlegislative members of the council shall receive a daily expense
allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the
mileage or transportation allowance authorized for state employees. Members of the
council who are state officials, other than legislative members, or state employees shall
receive no compensation for their services on the council, but shall be reimbursed for
</ins>
<ins>expenses incurred by them in the performance of their duties as members of the council in
the same manner as they are reimbursed for expenses in their capacities as state officials
or state employees. The funds necessary for the reimbursement of the expenses of state
officials, other than legislative members, and state employees shall come from funds
appropriated to or otherwise available to their respective departments. All other funds
necessary to carry out the provisions of this article shall come from funds appropriated to
the Senate and the House of Representatives.
20-1-55.
The council shall be authorized to:
(1) Request and receive data from and review the records of appropriate state and local
agencies to the greatest extent allowed by state and federal law;
(2) Seek and accept public or private grants, devises, and bequests;
(3) Enter into contracts or agreements necessary or incidental to the performance of its
duties through the council's chairperson;
(4) Establish rules and procedures for conducting the business of the council;
(5) Conduct studies, hold public meetings, collect data, or take any other action the
council deems necessary to fulfill its responsibilities; and
(6) Retain the services of attorneys, consultants, subject matter experts, economists,
budget analysts, data analysts, statisticians, and other individuals or organizations as
deemed appropriate by the council. Such services may be obtained through a request for
proposal process conducted through the Office of Planning and Budget; provided,
however, that any final selection shall be approved by the council."
</ins> SECTION 1-2.
Said title is further amended in Part 15 of Article 6 of Chapter 2, relating to miscellaneous
provisions of the "Quality Basic Education Act," by revising subsection (a) of Code Section
20-2-324.6, relating to complaint resolution policy for materials "harmful to minors," as
follows:
"(a) As used in this Code section, <ins>the term:
(1) 'Harmful</ins> <del>'harmful</del> to minors' <del>means:
</del> <ins>(A) Means</ins> that quality of description or representation, in whatever form, of nudity,
sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
<del>(1)(i)</del> Taken as a whole, predominantly appeals to the prurient, shameful, or morbid
interest of minors;
<ins>(2)(ii)</ins> Is patently offensive to prevailing standards in the adult community as a whole
with respect to what is suitable material for minors; and
<ins>(3)(iii)</ins> Is, when taken as a whole, lacking in serious literary, artistic, political, or
scientific value for minors; <ins>and
(B) Includes 'sexually explicit material' excepting 'restricted material,' as such terms
are defined in Code Section 20-2-324.8.
(2) 'Written consent' means individual and specific consent tailored to each individual
requirement for consent from a student's parent or permanent guardian. Written consent
does not constitute blanket consent."
</ins> SECTION 1-3.
Said title is further amended in said part by adding a new Code section to read as follows:
<ins>"20-2-324.8.
(a) As used in this Code section, the term:
(1) 'Harmful to minors' shall have the same meaning as set forth in Code Section
20-2-324.6.
(2) 'Local board of education' means the local board of education of each local school
system or other public school governing body that receives state funding under this
article.
</ins>
<ins>(3) 'Primary instructional material' means instructional materials and content, as defined
by the State Board of Education pursuant to Code Section 20-2-1010, and locally
approved instructional materials and content, as defined in subsection (a) of Code Section
20-2-1017, in any medium, including physical, electronic, visual, and audible.
(4) 'Restricted material' means primary instructional material or school library collection
material that is so designated as provided in subsection (c) of this Code section
notwithstanding whether such material is or may be sexually explicit material.
(5) 'School library collection material' means any material in any medium, including
physical, electronic, visual, and audible, located within or accessible from a school library
that is available to a student or is made available to a student by school personnel.
(6) 'Sexually explicit material' means any primary instructional material, supplementary
instructional material, or school library collection material that describes, depicts,
renders, or portrays in any medium, including physical, electronic, visual, and audible,
sexually explicit conduct, as defined in Code Section 16-12-100, sadomasochistic abuse,
as defined in Code Section 16-12-102, sexual conduct, as defined in Code Section
16-12-102, or sexually explicit nudity, as defined in Code Section 16-12-102; provided,
however, that such term shall not include materials of great religious or historical
significance that do not describe, depict, render, or portray sexually explicit material in
a patently offensive way.
(7) 'Supplementary instructional material' means any materials other than primary
instructional materials in any medium, including physical, electronic, visual, and audible,
that are included, or are intended to be included, by a teacher or other school personnel
for use as part of a classroom discussion or other classroom activity or are recommended
by a teacher or other school personnel for review by one or more students.
(b)(1)(A) By December 1, 2025, each local board of education shall adopt policies and
procedures that comply with the standards established by the Georgia Council on
</ins>
<ins>Library Materials Standards as provided in subsections (c) through (e) of this Code
section.
(B) By August 1, 2026, and each year thereafter, each local board of education shall
adopt or update policies and procedures that comply with any updated standards
established by the Georgia Council on Library Materials Standards provided in
paragraph (2) of subsection (c), paragraph (3) of subsection (d), and paragraph (3) of
subsection (e) of this Code section.
(2) Beginning December 1, 2025, and continuing thereafter, no local board of education
shall permit restricted material to:
(A) Include material that is harmful to minors;
(B) Be accessible by or otherwise available or disseminated in any manner to any
student in or below grade six; or
(C) Be accessible by or otherwise available or disseminated in any manner to any
student in or above grade seven without written consent from such student's parent or
permanent guardian.
(c)(1) By August 1, 2025, the Georgia Council on Library Materials Standards, working
in partnership with the State Board of Education and the Department of Education, shall
establish standards for the designation of restricted material by local boards of education.
Such standards shall include, but shall not be limited to, the following provisions:
(A) Obscenity in any medium, including physical, electronic, visual, and audible, in
public school primary instructional materials, supplementary instructional materials,
and school library collection materials is not protected under the Georgia Constitution
or the First Amendment to the United States Constitution;
(B) Sexually explicit material shall only be designated as restricted material to the
extent necessary:
</ins>
<ins>(i) To provide adequate and grade-appropriate primary instructional materials to
satisfy standards established by the Georgia Council on Library Materials Standards;
or
(ii) For the full and rigorous implementation of curricula, or elements of a
curriculum, that are required as part of advanced placement, international
baccalaureate, or dual enrollment coursework; and
(C) Sexually explicit material that is designated as restricted material shall not:
(i) Include material that is harmful to minors;
(ii) Be accessible by or otherwise available or disseminated in any manner to any
student in or below grade six; and
(iii) Be accessible by or otherwise available or disseminated in any manner to any
student in or above grade seven without written consent from such student's parent or
permanent guardian.
(2) The standards provided for in paragraph (1) of this subsection shall be reviewed and
updated by June 1 each year by the Georgia Council on Library Materials Standards.
(3) The Department of Education shall provide technical assistance and develop and
promulgate model policies and procedures to aid public schools in implementing the
standards provided for in paragraph (1) of this subsection.
(d)(1) By August 1, 2025, the Georgia Council on Library Materials Standards, working
in partnership with the State Board of Education and the Department of Education, shall
establish standards for instructional materials used in any public school operated by a
local board of education. Such standards shall include, but shall not be limited to, the
following provisions:
(A) Obscenity in any medium, including physical, electronic, visual, and audible, in
public school primary or supplementary instructional materials is not protected under
the Georgia Constitution or the First Amendment to the United States Constitution;
</ins>
<ins>(B) Each public school is permitted to exclude materials that are pervasively vulgar or
educationally unsuitable from its primary and supplementary instructional materials;
(C) No public school shall possess, intentionally acquire, or disseminate in any manner
primary or supplementary instructional material that is:
(i) Harmful to minors; or
(ii) Sexually explicit material except to the extent that such material that is designated
as restricted material as provided in subsection (c) of this Code section; and
(D) Restricted materials that are included in instructional materials shall not:
(i) Include material that is harmful to minors;
(ii) Be accessible by or otherwise available or disseminated in any manner to any
student in or below grade six; and
(iii) Be accessible by or otherwise available or disseminated in any manner to any
student in or above grade seven without written consent from such student's parent or
permanent guardian.
(2) The standards provided for in paragraph (1) of this subsection shall apply to each
public school's acceptable-use policy required by Code Section 20-2-324 and any primary
or supplementary instructional materials made available or disseminated in any manner
by the public school to students via the internet or any internet connected device,
including, but not limited to, online learning programs, interactive learning programs,
digital books, and audiobooks.
(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and
updated by June 1 each year by the Georgia Council on Library Materials Standards.
(4) The Department of Education shall provide technical assistance and develop and
promulgate model policies and procedures to aid public schools in implementing the
standards provided for in paragraph (1) of this subsection.
(e)(1) By August 1, 2025, the Georgia Council on Library Materials Standards, working
in partnership with the State Board of Education and the Department of Education and
</ins>
<ins>in consultation with the Georgia Public Library Service and the Georgia Archives, shall
establish standards for school library programs and services in any public school operated
by a local board of education. Such standards shall include, but shall not be limited to,
the following provisions:
(A) Obscenity in any medium, including physical, electronic, visual, and audible, in
public school libraries is not protected under the Georgia Constitution or the First
Amendment to the United States Constitution;
(B) Each public school is permitted to exclude materials that pervasively vulgar or
educationally unsuitable from its school library collection materials;
(C) No public school library shall possess, intentionally acquire, or disseminate in any
manner school library collection material that is:
(i) Harmful to minors; or
(ii) Sexually explicit material except to the extent that such material that is designated
as restricted material as provided in subsection (c) of this Code section; and
(D) Restricted materials that are included in school library collection materials:
(i) Shall not include material that is harmful to minors;
(ii) Shall be located and maintained in a restricted area which is not accessible by any
student in or below grade six and which may be accessed by a student in or above
grade seven only with written consent from such student's parent or permanent
guardian;
(iii) Shall not be accessible by or otherwise available or disseminated in any manner
to any student in or below grade six; and
(iv) Be accessible by or otherwise available or disseminated in any manner to any
student in or above grade seven without written consent from such student's parent or
permanent guardian.
(2) The standards provided for in paragraph (1) of this subsection shall apply to each
public school's acceptable use policy required by Code Section 20-2-324 and any school
</ins>
<ins>library collection materials made available or disseminated in any manner by the public
school to students via the internet or any internet connected device, including, but not
limited to, online learning programs, interactive learning programs, digital books, and
audiobooks.
(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and
updated by June 1 each year by the Georgia Council on Library Materials Standards.
(4) The Department of Education shall provide technical assistance and develop and
promulgate model policies and procedures to aid public schools in implementing the
standards provided for in paragraph (1) of this subsection.
(f)(1) Beginning December 1, 2025, each local board of education shall:
(A) Not accept possession of, acquire, or recommend the acquisition of, by any means,
any primary instructional material from any vendor unless such primary instructional
material has a rating which indicates whether any portion of such primary instructional
material includes sexually explicit material;
(B) Request to receive by June 1 each year from each vendor providing primary
instructional materials to such local board of education a list of each item provided by
such vendor during the preceding year that includes sexually explicit materials; and
(C) Not enter into any new or renewed contractual or other arrangement for acquiring
primary instructional materials with any vendor that does not agree to provide:
(i) Ratings for primary instructional materials which indicate whether any portion of
such primary instructional material includes sexually explicit material; and
(ii) The list provided for in paragraph (2) of this subsection.
(2) By June 15 each year, each local board of education shall post on its public website
a list of all primary instructional materials used during the preceding school year that
included sexually explicit material.
</ins>
<ins>(g)(1) Beginning December 1, 2025, no school library operated by a local board of
education shall intentionally acquire by any means sexually explicit material or material
that is harmful to minors for inclusion in its school library collection materials.
(2) By July 1 each year, each local board of education shall review the contents of the
school library collection materials designated as restricted material and determine
whether such materials shall continue to be included in the school library collection
materials. A list of such restricted materials shall be published on the public website of
each local board of education.
(3) By August 1 each year, each local board of education shall provide a list to the
Department of Education of the restricted materials that will continue to be included in
its school library collection materials as provided in paragraph (2) of this subsection. The
Department of Education shall annually compile and publish such list on its public
website.
(h) The complaint resolution provisions of Code Section 20-2-324.6 shall apply to this
Code section; provided, however, that, while a complaint is pending, the associated
material shall be embargoed from use or accessibility by any student."
</ins> PART II
SECTION 2-1.
Said title is further amended in Part 2 of Article 6 of Chapter 2, relating to competencies and
core curriculum under the "Quality Basic Education Act," by repealing Code Section
20-2-143, relating to sex education and AIDS prevention instruction, implementation, and
student exemption, and enacting a new Code section to read as follows:
<ins>"20-2-143.
(a) This Code section shall be known and may be cited as the 'No Indoctrinating Children
in Elementary (NICE) Act.'
</ins>
<ins>(b) As used in this Code section, the term:
(1) 'Inappropriate sex based topics' means any of the following topics:
(A) A person's internal or deeply felt sense of his or her sex;
(B) Whether a person's internal sense of sex aligns with his or her sex;
(C) Pharmaceutical or medical treatment, hormone therapy, surgery, or removal of
genitalia when administered or performed for the purpose of intentionally changing the
body of such person to no longer correspond to his or her sex;
(D) Individual sexual conduct or experiences of a person responsible for teaching
children sex education;
(E) Exploring individual sexuality, including to whom a person feels sexually attracted;
(F) Respecting, exploring, and understanding the diversity of different sexual
attractions;
(G) Sexual expression and different ways to express one's sex; or
(H) Changing one's name, pronouns, or personal titles to conform to one's perceived
sex or identity.
(2) 'Sex' means the biological state of being male or female, in the context of
reproductive potential or capacity, based on the individual's sex organs, chromosomes,
naturally occurring sex hormones, gonads, and internal and external genitalia present at
birth, including secondary sex characteristics. An individual's sex can be observed or
clinically verified at or before birth.
(3) 'Sex education' includes any curricula or instruction that has the goal or purpose of
studying, exploring, or informing students about human reproduction, human sexuality,
sexual conduct, an internal or deeply felt sense of the student's sex, or sexual attraction
to one or more persons.
(c)(1) No public school or local school system shall provide sex education before the
sixth grade.
</ins>
<ins>(2) Each local board of education shall prescribe a course of study in abstinence based
sex education and AIDS prevention instruction for grades six through 12 in the local
school system as shall be determined by the State Board of Education.
(3) The State Board of Education shall prescribe a minimum course of study in
abstinence based sex education and AIDS prevention instruction which may be included
as a part of a course of study in health education for grades six through 12.
(d)(1) Sex education provided by a public school or local school system shall include
instruction relating to the handling of peer pressure, promotion of high self-esteem, local
community values, and abstinence from sexual activity as an effective method of
preventing acquired immune deficiency syndrome and the only sure method of
preventing pregnancy and sexually transmitted diseases. Sex education shall emphasize
abstinence from sexual activity until marriage and fidelity in marriage as important
personal goals. Sex education shall include instruction concerning the legal
consequences of parenthood, including, without being limited to, the legal obligation of
both parents to support a child and legal penalties or restrictions upon failure to support
a child, including, without being limited to, the possible suspension or revocation of a
parent's driver's license and occupational or professional licenses. The course shall also
include annual age-appropriate sexual abuse and assault awareness and prevention
education.
(2) No education or curricula for students in kindergarten through grade 12 provided by
a public school or local school system shall include inappropriate sex based topics, and
if any information is provided on contraception, information on typical use and failure
rates for each contraception option shall be included to show the rates of contraceptive
failure as experienced by individuals under real-life conditions, including factors such as
inconsistent or incorrect use.
(e) Before a public school or local school system provides sex education to any student:
</ins>
<ins>(1) The public school or local school system shall make the sex education curricula
available to parents and guardians of all students and the public for review online and in
person as provided in subsections (f) and (g) of this Code section;
(2) Any parent or guardian of a child to whom sex education is to be taught as set forth
in this Code section shall have the right to elect, in writing, that such child not receive sex
education.
(3) Any parent or guardian of a child to whom sex education is being taught shall have
the right to withdraw such child from receiving sex education at any time.
(f)(1) Beginning in the 2025-2026 school year and continuing each school year
thereafter, before a public school or local school system offers sex education to any
students, the governing body of such public school or local school system shall review
and approve the sex education curricula based on content standards prescribed by the
State Board of Education pursuant to subsection (h) of this Code section; provided,
however, that such governing body shall not approve any sex education curricula without
providing parents and guardians of all students and the public with a meaningful
opportunity to review and to provide input on any proposed sex education curricula, as
provided in paragraph (2) of this subsection, before such curricula is approved by such
governing body.
(2) Before approving any sex education curricula, the governing body of each public
school or local school system shall:
(A) Require that all meetings of such governing body, or any committee or
subcommittee thereof, that are authorized for the purposes of reviewing and approving
a sex education curricula be publicly noticed at least two weeks before occurring and
be open to the public pursuant to Chapter 14 of Title 50;
(B) Make any proposed sex education curricula available and accessible for review and
public comment, including, but not limited to, written comments, oral comments, and
</ins>
<ins>comments submitted through email, for at least 45 days before approval of any such sex
education curricula by such governing body; and
(C) Conduct at least two public hearings within the 45 day review period provided for
in subparagraph (B) of this paragraph.
(g) At least two weeks before any sex education is offered by a public school or local
school system pursuant to this Code section, each such public school or local school system
shall make the sex education curricula approved by the governing body of such public
school or local school system as provided in subsection (f) of this Code section available
for meaningful review by parents and guardians of all students and the public.
(h) By July 1, 2025, the State Board of Education shall adopt age- and grade-appropriate
content standards for sex education curricula for students in grades six through 12, and
such standards shall not include any inappropriate sex based topics.
(i) Nothing in this Code section shall be construed to prohibit age- and grade-appropriate
classroom instruction regarding:
(1) Child abuse and assault awareness and prevention; and
(2) Menstruation."
</ins> SECTION 2-2.
Said title is further amended in Subpart 1 of Part 6 of Article 6 of Chapter 2, relating to
certificated professional personnel, by revising subsection (b) of Code Section 20-2-201,
relating to specific course requirements, in-service or continuing education, and online
offerings, as follows:
"(b) Each local unit of administration shall be required to provide all professional
personnel certificated by the Professional Standards Commission 12 clock hours of
in-service or continuing education in each calendar year, or meet requirements of the
Southern Association of Colleges and Schools. Such in-service programs shall be
developed by the local unit of administration in conjunction with such agencies as regional
educational service agencies, colleges and universities, and other appropriate organizations.
These programs shall be designed to address identified needs determined by appropriate
personnel evaluation instruments. These programs shall also focus on improving the skills
of certificated personnel that directly relate to improving student achievement, as reflected
in the revised certification renewal rules established by the Professional Standards
Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200
regarding the impact of professional learning on student achievement. These programs
shall also include in-service training programs on sexual abuse and assault awareness and
prevention for professional personnel who will be providing instruction in annual
age-appropriate sexual abuse and assault awareness and prevention education <del>in
kindergarten through grade nine pursuant to subsection (b) of Code Section 20-2-143.
</del> Records of attendance shall be maintained by local units of administration and shall be
monitored by appropriate Department of Education staff."
SECTION 2-3.
Said title is further amended in Part 5 of Article 16 of Chapter 2, relating to review of
removal, by revising paragraph (3) of subsection (f) of Code Section 20-2-786, the "Parents'
Bill of Rights," as follows:
"(3)(A) <ins>Procedures which comply with the provisions of Code Section 20-2-143 for a
parent to provide revocable written consent for his or her minor child to receive sex
education; and
(B)</ins> Procedures for a parent to withdraw <ins>or otherwise revoke his or her written consent
for</ins> his or her minor child <del>from the school's prescribed course of study in</del> <ins>to receive</ins> sex
education <del>if the parent provides a written objection to his or her minor child's
participation. Such procedures must provide for a parent to be notified in advance of
such course content so that he or she may withdraw his or her minor child from the
course;</del> and"
PART III
SECTION 3-1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and
secondary education, is amended in Part 2 of Article 6, relating to competencies and core
curriculum under the "Quality Basic Education Act," by adding a new Code section to read
as follows:
<ins>"20-2-143.1.
(a) This Code section shall be known and may be cited as the 'Parents and Children
Protection Act of 2025.'
(b) As used in this Code section, the term:
(1) 'Gender identity' means a person's internal sense of his or her gender which may or
may not correspond with his or her sex and which may or may not be apparent to others.
(2) 'Governing body' means the local board of education, governing council, governing
board, or other entity by whatever name that is responsible for the management and
control of a public school.
(3) 'Inappropriate sex based topics' means any of the following topics:
(A) A person's internal or deeply felt sense of his or her sex;
(B) Whether a person's internal sense of sex aligns with his or her sex;
(C) Pharmaceutical or medical treatment, hormone therapy, surgery, or removal of
genitalia when administered or performed for the purpose of intentionally changing the
body of such person to no longer correspond to his or her sex;
(D) Individual sexual conduct or experiences of a person responsible for teaching
children sex education;
(E) Exploring individual sexuality, including to whom a person feels sexually attracted;
(F) Respecting, exploring, and understanding the diversity of different sexual
attractions;
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<ins>(G) Sexual expression and different ways to express one's sex; or
(H) Changing one's name, pronouns, or personal titles to conform to one's perceived
sex or identity.
(4) 'Informal communication' means any interaction of school personnel with one or
more students that is not part of instruction and when such personnel is acting in his or
her official capacity as an employee or representative of a public school or local school
system.
(5) 'Instruction' means the activities of school personnel engaged in the purposeful
direction and supervision of the learning process by students and includes discussion
involving students that is directed or supervised by school personnel in an instructional
setting, including, but not limited to, a classroom.
(6) 'Public school' or 'school' means a local school system, a school within a local school
system, a charter school subject to the provisions of Article 31 or 31A of this chapter, a
completion special school subject to the provisions of Article 31C of this chapter, or any
other public school.
(7) 'School personnel' means any person employed by a governing body, any person
employed by a local health department who is assigned to a public school, or any third
party engaged by or authorized to speak on behalf of a school.
(8) 'Sex' means the biological indication of male or female, including sex chromosomes,
naturally occurring sex hormones, gonads, and nonambiguous internal and external
genitalia present at birth, without regard to a person's gender identity or his or her
psychological, chosen, or subjective experience of gender.
(9) 'Student' means a student enrolled in a public school.
(c)(1) Notwithstanding any provision of Code Section 20-2-141, 20-2-143, or 20-2-786
or any other law to the contrary, no school personnel shall intentionally initiate any
instruction or informal communication with an emphasis on inappropriate sex based
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<ins>topics involving any student in kindergarten through grade 12, excepting instruction for
students in grades four through 12 when such instruction is:
(A) Included as an express requirement in content standards established by the State
Board of Education; or
(B) Essential to the full and rigorous implementation of curricula, or elements of a
curriculum, that are required as part of advanced placement, international baccalaureate,
or dual enrollment coursework; provided, however, that such implementation is done
in a professional and academically appropriate manner.
(2) Except under the circumstances provided for in subparagraphs (A) and (B) of
paragraph (1) of this subsection, if, during instruction or informal communication, a
student or any other person initiates discussion with an emphasis on inappropriate sex
based topics with school personnel, such school personnel shall bring such discussion to
a prompt conclusion in a professional and academically appropriate manner; provided,
however, that such school personnel shall not be required to interrupt or otherwise
participate in a personal discussion exclusively by and between students that is not
disrupting instruction or the orderly operation of the school. Such school personnel may
refer such discussion to the school counselor; provided, however, that school personnel
shall notify the parent or guardian if a student asserts an identity that does not align with
his or her sex; provided, further, that before a school counselor addresses any such
discussion with a student, her or she shall inform the student's parent or guardian and
receive parental consent prior to discussing such topics.
(3) The State Board of Education shall create and publish guidance for local boards of
education to utilize in implementing the provisions of this subsection that includes, but
is not limited to, the following:
(A) No school employee or other person shall modify a child's official private or public
school record, including a charter school record, to reflect a change in the child's name,
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<ins>sex, or gender without the written consent of all of the child's parents with custodial
rights or legal guardians;
(B) No employee, contractor, or student of a public school or local school system shall
be required to refer to another person using that person's preferred personal title or
pronouns if such personal title or pronouns do not correspond to that person's sex or is
not listed on that person's birth certificate;
(C) No employee or contractor of a public school or local school system shall refer to
a student using that person's preferred personal title or pronouns if such personal title
or pronouns do not correspond to that person's sex or is not listed on that person's birth
certificate without the written consent of all of the child's parents with custodial rights
or legal guardians;
(D) No student shall be asked by an employee or contractor of a public school or local
school system to provide his or her preferred personal title or pronouns or be penalized
or subjected to adverse or discriminatory treatment for not providing his or her
preferred personal title or pronouns; and
(E) No employee or contractor of a public school or local school system shall provide
to a student such employee's or contractor's preferred personal title or pronouns if such
preferred personal title or pronouns do not correspond to his or her sex.
(d) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for
a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code
Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a completion special
school, or Code Section 20-2-244."
</ins> SECTION 3-2.
Said chapter is further amended in Part 3 of Article 16, relating to student health, by adding
three new subsections to Code Section 20-2-773, relating to restrictions on student health
services and utilization of state funds, to read as follows:
<ins>"(c) At the beginning of each school year, each public school shall notify the parent of each
enrolled student of the health services offered at the school. Such notice shall include clear
information and procedures for a parent to decline or withhold consent for any specified
health service to be provided to his or her child. Parental consent to a health service being
provided to his or her child does not waive the parent's right to access his or her child's
education or health records or to receive notifications regarding the mental, emotional, or
physical health or well-being of his or her child as required by law.
(d) Notwithstanding the provisions of Code Section 20-2-770 or 20-2-772 or any other law
to the contrary, before administering a well-being questionnaire or health screening form
to a public school student in kindergarten through grade three, the school shall provide such
questionnaire or health screening form to the student's parent and obtain the consent of the
parent for the administration of such questionnaire or health screening form.
(e) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for
a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code
Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a completion special
school, or Code Section 20-2-244."
</ins> SECTION 3-3.
Said chapter is further amended in Part 5 of Article 16, relating to review of removal, by
adding a new Code section to read as follows:
<ins>"20-2-787.
(a) As used in this Code section, the term:
(1) 'Governing body' means the local board of education, governing council, governing
board, or other entity by whatever name that is responsible for the management and
control of a public school.
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<ins>(2) 'Minor child' means a person who is less than 18 years of age and who has not been
emancipated by operation of law or by court order pursuant to Code Section 15-11-727
or as otherwise provided by law.
(3) 'Parent' means a person who has legal authority to act on behalf of a minor child as
a natural or adoptive parent or a legal guardian.
(4) 'Public school' or 'school' means a local school system, a school within a local school
system, a charter school subject to the provisions of Article 31 or 31A of this chapter, a
completion special school subject to the provisions of Article 31C of this chapter, or any
other public school.
(5) 'School personnel' means any person employed by a governing body or any person
employed by a local health department who is assigned to a public school or any third
party engaged by or authorized to speak on behalf of a school.
(b)(1) No school or school personnel shall discourage or prohibit parental notification
of or involvement in critical decisions affecting his or her minor child's mental,
emotional, or physical health or well-being.
(2) No school shall adopt a policy or procedure or engage in a practice that:
(A) Prohibits school personnel from notifying a parent about his or her minor child's
observed mental, emotional, or physical health or well-being; or
(B) Encourages or has the effect of encouraging a student to withhold from his or her
parent information relating to:
(i) His or her mental, emotional, or physical health or well-being;
(ii) A change in student support services provided to the student by his or her school;
or
(iii) A change in the monitoring of the student by his or her school.
(3) Before administering a well-being questionnaire or health screening form to a public
school student in kindergarten through grade three, the school shall comply with the
requirements of subsection (d) of Code Section 20-2-773.
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<ins>(c) On or before August 1, 2025, each governing body shall adopt policies and procedures
for notifying a student's parent if there is a change in the student support services provided
to the student by his or her school, the monitoring of the student by his or her school, the
school's ability to provide a safe and supportive learning environment for the student, or
the student's observed mental, emotional, or physical health or well-being. Such policies
and procedures:
(1) Shall not take any action to infringe on the fundamental right of a parent to make
decisions regarding the upbringing and education of his or her minor child without
demonstrating that such action is reasonable and necessary to achieve a compelling state
interest and that such action is narrowly tailored and is not otherwise served by less
restrictive means;
(2) Shall reinforce the fundamental right of a parent to make decisions regarding the
upbringing and education of his or her minor child by requiring school personnel to:
(A) Encourage a student to discuss issues relating to his or her well-being with his or
her parent; or
(B) Facilitate the discussion of issues relating to a student's well-being with the student
and his or her parent; and
(3) Shall not prohibit a parent from accessing any of his or her minor child's education
and health records created, maintained, or used by the school.
(d)(1) No later than August 1, 2025, each governing body shall adopt a complaint
resolution policy to address complaints alleging violations of any provision of Code
Section 20-2-143.1, Code Section 20-2-773, or subsections (b) and (c) of this Code
section. The complaint resolution policy shall provide that:
(A) A school shall not be required to respond to a complaint made pursuant to this
paragraph unless it is made by:
(i) The parent of a student enrolled at the school where the alleged violation
occurred;
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<ins>(ii) A student who has reached the age of majority or is a lawfully emancipated minor
and who is enrolled at the school where the alleged violation occurred; or
(iii) School personnel assigned or authorized to work at the school where the alleged
violation occurred;
(B) The complaint shall first be submitted in writing to the principal of the school
where the alleged violation occurred;
(C) The complaint shall provide a reasonably detailed description of the alleged
violation;
(D)(i) Within five school days of receiving such written complaint, the school
principal or his or her designee shall review the complaint and take reasonable steps
to investigate the allegations in the complaint.
(ii) Within ten school days of receiving the complaint, unless another schedule is
mutually agreed to by the complainant and the school principal or his or her designee,
the school principal or such designee shall confer with the complainant and inform
the complainant whether a violation occurred, in whole or in part, and, if such a
violation was found to have occurred, what remedial steps have been or will be taken;
provided, however, that the confidentiality of student or school personnel information
shall not be violated.
(iii) Following such conference, within three school days of a request by the
complainant, the school principal or his or her designee shall provide to the
complainant a written summary of the findings of the investigation and a statement
of remedial measures, if any; provided, however, that such written response shall not
disclose any confidential student or school personnel information;
(E) The written summary provided for in subparagraph (D) of this paragraph shall be
reviewed by the school's governing body within 30 school days of receiving a written
request for such review by the complainant addressed to the school's governing body;
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<ins>provided, however, that confidential student or school personnel information shall not
be subject to review pursuant to this subparagraph; and
(F)(i) Following a decision by the school's governing body regarding a complaint
pursuant to subparagraph (E) of this paragraph, any party aggrieved by the decision
of the school's governing body shall have the right to appeal such decision to the State
Board of Education for a hearing as provided in Code Section 20-2-1160. For
purposes of the application of this subparagraph, the terms 'local board' and 'local
board of education' as used in subsections (b) through (e) of Code Section 20-2-1160
shall include the school's governing body regardless of whether such governing body
is a local board of education.
(ii) The State Board of Education shall, after hearing an appeal brought pursuant to
division (i) of this subparagraph, make written findings regarding whether any
violations of any provision of Code Section 20-2-143.1, Code Section 20-2-773, or
subsections (b) and (c) of this Code section occurred. If the State Board of Education
finds that one or more such violations occurred, it shall direct the Department of
Education to develop a corrective action plan to be provided to the school within ten
school days of such finding, and the school shall have 30 school days to implement
the corrective action plan. If the State Board of Education finds that such school has
not implemented the corrective action plan:
(I) In cases where the school at issue is covered under one or more waivers as
provided in Article 4 of this chapter, Code Section 20-2-244, or Code
Section 20-2-2065, the State Board of Education shall order the immediate
suspension of one or more waivers applicable to such school. The State Board of
Education shall exercise discretion in determining which waivers shall be subject
to such order of suspension and shall, as may be reasonable and practicable,
narrowly tailor such order to address specific violations found by the State Board
of Education to have occurred. An order suspending a school's waivers pursuant to
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<ins>this subdivision shall be in effect for no less than 12 months from the date of such
order and, if the remainder of the current term of the applicable contract with the
State Board of Education providing for such waivers is greater than 12 months, then
no longer than such remainder; and
(II) In cases where the school at issue is not covered under a waiver as provided in
Article 4 of this chapter, Code Section 20-2-244, or Code Section 20-2-2065, the
State Board of Education shall refer the matter to the State School Superintendent
to recommend what appropriate remedial actions and sanctions should be
considered for implementation by the State Board of Education.
(2) No later than July 1, 2025, the State Board of Education shall promulgate a model
policy to assist schools with establishing a complaint resolution process that meets the
requirements of paragraph (1) of this subsection. The Department of Education shall
develop guidance for schools for use when determining whether violations of any
provision of Code Section 20-2-143.1, Code Section 20-2-773, or subsections (b) and (c)
of this Code section have occurred. The Department of Education shall be authorized to
revise such guidance from time to time.
(e) This Code section does not and shall not be construed to:
(1) Authorize a parent in this state to engage in conduct that is unlawful or to abuse or
neglect his or her minor child in violation of the law;
(2) Prohibit a governing body or a public school from adopting policies or procedures
that permit school personnel to withhold information regarding a minor child's mental,
emotional, or physical health or well-being from his or her parent if a reasonably prudent
person would believe that disclosure would result in child abuse, abandonment, or
neglect, as those terms are defined in Code Section 19-7-5;
(3) Prohibit a judge or officer of a court of competent jurisdiction, a law enforcement
officer, or any agent of a state or local government entity that is responsible for child
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<ins>welfare from acting in his or her official capacity within the reasonable and prudent scope
of his or her authority;
(4) Prohibit a court of competent jurisdiction from issuing an order that is otherwise
permitted by law; or
(5) Apply to a parental action or decision that would end life.
(f) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for
a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code
Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a completion special
school, or Code Section 20-2-244."
</ins> PART IV
SECTION 4-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 4-2.
All laws and parts of laws in conflict with this Act are repealed.