HB1051: HB1051 Lanier Johnson-Hunt Student Protection Act; enact

26 LC 61 0317 House Bill 1051 By: Representatives Berry of the 56th, Glaize of the 67th, Bell of the 75th, Holly of the 116th, and Schofield of the 63rd A BILL TO BE ENTITLED AN ACT To amend Article 27 of Chapter 2 of Title 20 of the Official Co de of Georgia Annotated,1 relating to loitering at or disrupting schools, so as to require collaborative written agreements2 for local school systems that assign or employ law enforcement officers in schools; to3 prohibit law enforcement officers from engaging in school disciplinary matters unless such4 matter involves criminal conduct or an immediate threat to the safety of a person or the5 school; to require local boards of education for such local school systems to establish policies6 for student complaints against law enforcement officers; to provide dates of implementation;7 to provide for related matters; to provide a short title; to repeal conflicting laws; and for other8 purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 This Act shall be known and may be cited as the "Lanier Johnson-Hunt Student Protection12 Act."13 H. B. 1051 - 1 - 26 LC 61 0317 SECTION 2.14 Article 27 of Chapter 2 of Title 20 of the Official Code of Geo rgia Annotated, relating to15 loitering at or disrupting schools, is amended by revising Code Section 20-2-1183, relating16 to written agreement for law enforcement officers in schools and model language, as follows:17 "20-2-1183.18 (a) When a local school system assigns or employs law enforcement officers in schools,19 the local board of education shall have a collaborative written agreement with law20 enforcement officials to establish the role of law enforcement and school employees in21 school disciplinary matters and ensure coordination and coopera tion among officials,22 agencies, and programs involved in school discipline and public protection.23 (b) By October 1, 2025, the collaborative written agreement required by this Code section24 shall include specific terms and conditions for the handling an d disclosure of student25 education records, student data, and student personally identifiable data, as such terms are26 defined in Code Section 20-2-662. Such terms and conditions shall include, but shall not27 be limited to:28 (1) Under what circumstances information regarding a student may or shall be disclosed29 to a law enforcement officer, a law enforcement agency, a judge or court personnel, or30 another state or local agency or officer with a legal interest in such information;31 (2) Whether any law enforcement officer who is subject to such agreement is or may act32 as a school official with access to student education records a nd the personally33 identifiable information contained therein; and34 (3) Whether the law enforcement officers who are subject to such agreement constitute35 a law enforcement unit, as such term is defined in the federal Family Education Rights36 and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section 1232g;37 and 34 C.F.R. Part 99.3; and, if so:38 (A) What records shall be handled as law enforcement unit reco rds and are not39 protected by FERPA; and40 H. B. 1051 - 2 - 26 LC 61 0317 (B) What records shall be handled as education records and are protected by FERPA.41 (c) By October 1, 2026, the collaborative written agreement required by this Code section42 shall include that no law enforcement officer shall be requested or permitted to intervene43 in a school disciplinary matter unless such matter involves suspected criminal conduct or44 an immediate threat to the safety of a person or school property.45 (d) By August 1, 2025 2026, the Department of Education shall publish on its public46 website model language for the terms and conditions required by this Code section to be47 available for use by schools and law enforcement officers. Such model language shall be48 reviewed and updated from time to time as necessary to comport with the content of the49 guidance document promulgated by the Department of Education chief privacy officer as50 provided for in Code Section 20-2-663.51 (e) By October 1, 2026, each local board of education of a loc al school system which52 assigns or employs law enforcement officers in schools shall adopt and publish a policy for53 providing prompt and equitable resolution of written student co mplaints, including54 complaints brought by the parent or guardian of a student, alle ging a violation of the55 collaborative written agreements required by this Code section, inappropriate or excessive56 use of force by a law enforcement officer, or conduct specified in subsection (a) of Code57 Section 35-8-7.1 by a law enforcement officer. Such policies shall include procedures for58 receiving, investigating, and conducting hearings and appeals for such complaints which59 are substantially similar to the local school system's policies for student complaints against60 a teacher, administrator, or other school employee. If a stude nt complaint against a law61 enforcement officer is substantiated, the local school system shall report the incident giving62 rise to the complaint to the Georgia Peace Officer Standards and Training Council which63 shall conduct an investigation in accordance with the provisions of Chapter 8 of Title 35. 64 Nothing in this subsection shall be construed to preempt any other law or to deny to any65 individual any rights or remedies which are provided by or unde r any other law. This66 subsection shall apply to all complaints arising on or after October 1, 2026."67 H. B. 1051 - 3 - 26 LC 61 0317 SECTION 3.68 All laws and parts of laws in conflict with this Act are repealed.69 H. B. 1051 - 4 -