---
title: SB 322. State Board of Education; include instruction in the proper use of a school bus passenger restraint system within its program of safety instruction; require
collection: bills
id: 2025-2026/sb322
cite_as: SB 322, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb322
md_url: https://georgiacommons.org/bills/2025-2026/sb322.md
text_url: https://georgiacommons.org/bills/2025-2026/sb322/text
source_url: https://www.legis.ga.gov/legislation/71115
date: 2025-03-04
status: introduced
corpus_version: bills-2026-09-12
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.
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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb322.md?full=1
bill_number: SB 322
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-03-03
last_action: Senate Read and Referred
sponsors:
  - Gail Davenport
  - Kenya Wicks
  - Harold Jones
  - Kim Jackson
  - Elena Parent
  - Jason Esteves
  - Sheikh Rahman
  - Randal Mangham
  - Donzella James
  - Tonya Anderson
  - Ed Harbison
  - Michael Rhett
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB322/2025
upstream_id: 1990375
summaries_model: claude-sonnet-5
topic_tags:
  - school bus safety
  - seat belts on school buses
  - student transportation
  - education law
---

# SB 322. State Board of Education; include instruction in the proper use of a school bus passenger restraint system within its program of safety instruction; require

## Text

Senate Bill 322
By: Senators Davenport of the 17th, Wicks of the 34th, Jones II of the 22nd, Jackson of the
41st, Parent of the 44th and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to program weights and funding requirements, so as to require that the
State Board of Education include instruction in the proper use of a school bus passenger
restraint system within its program of safety instruction; to amend Part 6 of Article 1 of
Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of
school buses, so as to require that school buses be equipped with passenger restraint systems;
to require that each school child wear a passenger restraint system in certain instances; to
provide for an exception; to authorize a penalty; to provide for a definition; to provide for the
promulgation of rules and regulations; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,
relating to program weights and funding requirements, is amended by revising subsection (e)
of Code Section 20-2-188, relating to student transportation, as follows:
"(e) The State Board of Education shall establish and require adherence to minimum
specifications for vehicles used or contracted to be used by local units of administration for
transporting students, including a motor vehicle with a capacity of eight persons or less
operated and marked for the transportation of school children to and from school and
school related activities, taking into account the factors and circumstances set forth in
subsection (a) of this Code section, and shall establish and require adherence to minimum
standards and requirements respecting maintenance, repair, inspection, and use of such
vehicles and minimum qualifications for the drivers of such vehicles. The <del>state board</del> <ins>State
Board of Education</ins> shall require, monitor, and fund a program of safety instruction in the
practices of safe riding, <ins>which shall include instruction in the proper use of a school bus
passenger restraint system in accordance with Code Section 40-8-111,</ins> and emergency bus
evacuation drills for both school bus drivers and students riding school buses."
SECTION 2.
Part 6 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated,
relating to equipment of school buses, is amended by revising Code Section 40-8-111,
relating to equipment generally, as follows:
"40-8-111.
<ins>(a) As used in this Code section, the term 'passenger restraint system' means:
(1) A type 2 seat belt assembly that is in compliance with Federal Motor Vehicle Safety
Standard 209 and with Federal Motor Vehicle Safety 210 as such standards were in effect
on the date the school bus was manufactured; or
(2) A type 2 lap and shoulder restraint system that is in compliance with Federal Motor
Vehicle Safety Standard 222.
(a)(b)</ins> Each school bus used for the transportation of school children in <del>the State of
Georgia shall be in compliance with</del> <ins>this state shall comply with the provisions of this Code
</ins>
<ins>section and</ins> the State Board of Education bus specifications for the model year of such
school bus.
<ins>(c)(1) On and after July 1, 2027:
(A) Each school bus manufactured and used for the transportation of school children
in this state shall be equipped with passenger restraint systems for each school child
based upon the maximum passenger capacity of the school bus; and
(B) The State Board of Education shall require each school child to wear a passenger
restraint system. Except as provided in paragraph (3) of this subsection, each such
child shall wear a passenger restraint system at all times while the school bus is in
motion.
(2) It shall be the responsibility of a school bus driver operating such school bus to
ensure that each such child being transported is wearing a passenger restraint system prior
to the school bus being placed into motion. A school child's parent or guardian shall not
be held liable for such child's failure to wear a passenger restraint system in accordance
with the provisions of subparagraph (c)(1)(B) of this Code section.
(3) A school child with a physically disabling condition or medical condition that
prevents appropriate restraint in a passenger restraint system shall not be required to wear
a passenger restraint system on a school bus; provided, however, that such child's
physically disabling or medical condition is certified in writing by a licensed healthcare
provider.
</ins> <del>(b)(d)</del> Each public school system shall be required to maintain each of its school buses in
good working condition, including all safety equipment required in accordance with the
specifications established pursuant to subsection <del>(a)</del> <ins>(b)</ins> of this Code section. <ins>A public
school system that fails to comply with such specifications may be subject to a penalty to
be determined by the State Board of Education.
</ins>
<del>(c)(e)</del> Nothing in subsection <del>(a)</del> <ins>(b)</ins> of this Code section shall apply to motor vehicles
operated by a local transit system which transport school children to and from school on
regular or scheduled routes of a transit vehicle with regular fare-paying passengers.
<ins>(f) The State Board of Education shall promulgate rules and regulations to implement the
provisions of this Code section."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

## 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.

A Georgia Senate bill would require school buses to have seat belts or similar restraint systems by July 2027 and require students to wear them, with safety training on their use added to the state's school bus curriculum.

### Plain-language summary

Georgia law currently requires the State Board of Education to run a safety program for school bus riders, covering things like evacuation drills, but it does not require buses to have passenger restraint systems (seat belts or lap-and-shoulder restraints) or require students to use them. This bill changes that.

Starting July 1, 2027, newly manufactured school buses used in Georgia would have to be equipped with passenger restraint systems for every seat based on the bus's maximum capacity, and the State Board of Education would have to require each student to wear one while the bus is moving. Bus drivers would be responsible for checking that students are buckled in before driving, though parents would not be liable if a child fails to comply. Students with a documented physical or medical condition preventing safe restraint use would be exempt. The bill also adds restraint-system instruction to the state's existing bus safety program and lets the State Board set penalties for school systems that don't maintain the required equipment.

### What it does

- Adds instruction on properly using a school bus passenger restraint system to the State Board of Education's existing safety training program (O.C.G.A. § 20-2-188).
- Defines 'passenger restraint system' as a seat belt or lap-and-shoulder restraint meeting specific federal safety standards (O.C.G.A. § 40-8-111).
- Requires, starting July 1, 2027, that newly manufactured school buses be equipped with a restraint system for every seat up to the bus's passenger capacity.
- Requires students to wear a restraint system while the bus is moving, and makes the bus driver responsible for checking compliance before driving, while shielding parents from liability.
- Exempts students with a documented physical or medical condition, certified in writing by a licensed healthcare provider, from the restraint requirement.
- Allows the State Board of Education to penalize school systems that fail to keep required safety equipment in good working order.

### Who it affects

Public school students who ride school buses, school bus drivers, local public school systems responsible for bus maintenance and penalties, parents and guardians of bus riders, and the State Board of Education, which must update training programs and set rules.

### Why it matters

If enacted, Georgia school buses would eventually need seat belts or similar restraints, and students would be required to wear them, changing daily bus routines for drivers and students. School districts would face new equipment costs and possible penalties for noncompliance starting in 2027.

### Key provisions

- Section 1 amends O.C.G.A. § 20-2-188 to require the State Board of Education's mandatory school bus safety program to include instruction on proper use of passenger restraint systems.
- Section 2 rewrites O.C.G.A. § 40-8-111 to define 'passenger restraint system' as either a type 2 seat belt or a type 2 lap-and-shoulder restraint meeting named federal safety standards.
- Section 2 requires that, on and after July 1, 2027, newly manufactured school buses be equipped with restraint systems for every seat and that students wear them while the bus is in motion.
- Section 2 makes the bus driver responsible for confirming each child is restrained before driving and specifies parents are not liable for a child's failure to comply.
- Section 2 exempts students with a certified physical or medical condition from the restraint requirement.
- Section 2 allows the State Board of Education to penalize school systems that fail to maintain required safety equipment and directs the board to issue implementing rules.
- Section 3 repeals any conflicting laws.

## Status

- Status: Introduced (2025-03-03)
- Last action: Senate Read and Referred (2025-03-04)
- Sponsors: Gail Davenport, Kenya Wicks, Harold Jones, Kim Jackson, Elena Parent, Jason Esteves, Sheikh Rahman, Randal Mangham, Donzella James, Tonya Anderson, Ed Harbison, Michael Rhett
- Official page: https://www.legis.ga.gov/legislation/71115

> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb322.md?full=1
