HB995: HB995 Vape-Free Schools Act; enact

26 LC 60 0188 House Bill 995 By: Representatives Barnes of the 86th, Crawford of the 89th, Berry of the 56th, McQueen of the 61st, Holly of the 116th, and others A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the O fficial Code of Georgia1 Annotated, relating to student health in elementary and secondary education, so as to provide2 for the establishment of and purpose for the Vape-Free Schools Grant Program; to provide3 for the allocation of grant awards under such program; to provi de for grant award criteria,4 terms, and conditions; to require the State Board of Education to develop a model policy on5 student vaping awareness and prevention; to require the Department of Education to create6 a list of approved vaping detectors, develop guidance and resources to facilitate partnerships7 for student rehabilitative services relative to vaping; to requ ire public schools with grades8 nine through 12 to acquire and install vaping detectors and include vaping policy provisions9 in the student code of conduct; to provide for grant applicatio n form, procedures, and10 requirements; to provide for annual reporting; to provide for c onstruction; to provide for11 rules and regulations; to provide for contingent effectiveness and automatic repeal; to provide12 for definitions; to provide a short title; to provide for relat ed matters; to repeal conflicting13 laws; and for other purposes.14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 H. B. 995 - 1 - 26 LC 60 0188 SECTION 1.16 This Act shall be known and may be cited as the "Vape-Free Schools Act."17 SECTION 2.18 Part 3 of Article 16 of Chapter 2 of Title 20 of the Official C ode of Georgia Annotated,19 relating to student health in elementary and secondary educatio n, is amended by adding a20 new Code section to read as follows:21 "20-2-776.6.22 (a) As used in this Code section, the term:23 (1) 'Grant program' means the Vape-Free Schools Grant Program established pursuant24 to subsection (b) of this Code section.25 (2) 'Public secondary school' means all public schools with grades nine through 12.26 (3) 'Vaping' means the act of inhaling and exhaling aerosol or vapor produced by a27 vaping product.28 (4) 'Vaping detector' means a device that is capable of detecting vaping and alerting the29 appropriate staff of a public secondary school of such vaping t hrough the use of a30 real-time, silent alarm.31 (5) 'Vaping product' shall have the same meaning as 'vapor product' as set forth in Code32 Section 16-12-170.33 (b) Not later than December 31, 2026, the State Board of Education shall:34 (1) Establish the Vape-Free Schools Grant Program. The purpose of such grant program35 shall be to provide resources and funding to public secondary schools for the purpose of36 acquiring, installing, and maintaining vaping detectors in accordance with paragraph (1)37 of subsection (d) of this Code section. Grants shall be awarde d to public secondary38 schools based on criteria, terms, and conditions as determined by the State Board of39 Education; and40 H. B. 995 - 2 - 26 LC 60 0188 (2) Promulgate a model policy on vaping awareness and preventi on that is consistent41 with the requirements set forth in paragraph (2) of subsection (d) of this Code section.42 (c) Not later than December 31, 2026, the Department of Education shall, in consultation43 with the Department of Public Health, the Department of Adminis trative Services, and44 appropriate experts:45 (1) Develop a list of approved vaping detectors that may be us ed to fulfill the46 requirements of paragraph (1) of subsection (d) of this Code section; and47 (2) Develop guidance and resources for public secondary school s to facilitate the48 establishment of partnerships with organizations specializing in rehabilitative services for49 students, consistent with the purposes of this Code section.50 (d) Prior to the 2027-2028 school year, each local board of ed ucation and other public51 school governing body shall establish a policy that requires each public secondary school52 to:53 (1) Acquire and install vaping detectors, approved by the Depa rtment of Education54 pursuant to paragraph (1) of subsection (c) of this Code sectio n, in areas within such55 schools where students might attempt to engage in vaping, including, but not limited to,56 all student bathrooms and locker rooms; and57 (2) Adopt and include in the student code of conduct for that school, as annually58 distributed pursuant to Code Section 20-2-736, a policy on vapi ng awareness and59 prevention. Such policy shall be developed in consultation with school and community60 stakeholders and appropriate experts, and shall, at minimum, include:61 (A) A statement prohibiting any student at a public secondary school from possessing62 or using any vaping product on school premises, on a school bus , or at any school63 sponsored function and from tampering with a vaping detector;64 (B) A series of graduated consequences for any student who vio lates such policy,65 which shall include, but shall not be limited to, required participation in a certified drug66 H. B. 995 - 3 - 26 LC 60 0188 and alcohol awareness class. Such consequences shall conform w ith applicable67 disability, antidiscrimination, and education laws and school discipline policies;68 (C) A complaint form and procedure for anonymously reporting v iolations of such69 policy; provided, however, that an anonymous report may not be the basis of imposing70 formal disciplinary action against a student;71 (D) A procedure for the prompt investigation of any report of a violation of such72 policy;73 (E) A response procedure for school staff to follow upon confirmation of a violation74 of such policy; and75 (F) A procedure for publicizing that school's policy in that s chool's student code of76 conduct.77 (e) A public secondary school seeking to participate and receive funding under the grant78 program shall submit an application to the Department of Educat ion in the manner79 prescribed by the Department of Education, according to policie s, rules, and regulations80 established by the State Board of Education.81 (f) The Department of Education shall collect, maintain, and a nnually report to the82 Department of Public Health, the chairperson on the House Committee on Education, and83 the chairperson on the Senate Education and Youth Committee dat a for the preceding84 school year, including, at a minimum, the number of vaping alerts occurring at each public85 secondary school and the effectiveness of the vaping detectors and other measures at each86 public secondary school in reducing student vaping.87 (g) Nothing in this Code section shall be construed to:88 (1) Preclude a public secondary school from acquiring and inst alling vaping detectors89 in accordance with paragraph (1) of subsection (d) of this Code section at its own90 expense; or91 (2) Require any public secondary school to acquire and install vaping detectors in92 accordance with paragraph (1) of subsection (d) of this Code section if such school had93 H. B. 995 - 4 - 26 LC 60 0188 acquired or installed vaping detectors prior to July 1, 2026; provided, however, that any94 such existing vaping detectors shall be capable of providing real-time alerts of vaping to95 the appropriate staff and shall be installed within all student bathrooms and locker rooms96 and such other areas within the school where students might attempt to engage in vaping.97 (h) The State Board of Education is authorized to establish policies, rules, and regulations98 as necessary to administer and implement this Code section."99 SECTION 3.100 The provisions of Code Section 20-2-776.6 in Section 2 of this Act shall become effective101 only if funds are specifically appropriated for the purposes of such Code section in an102 appropriations Act enacted by the General Assembly and shall stand repealed by operation103 of law on December 31, 2026, if no such funding becomes available by September 30, 2026.104 SECTION 4.105 All laws and parts of laws in conflict with this Act are repealed.106 H. 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