HB1038: HB1038 Georgia Promise Scholarship Act; repeal Article 2 of Chapter 2B; provide

The Georgia Promise Scholarship Act, part of Title 20 of Georgia's education code, currently provides up to $6,500 per year in state funds to eligible students for qualified education expenses, including private school tuition. This bill would repeal that program, but not right away. First, the Secretary of State would be required to hold an advisory referendum in November 2026 asking voters whether the General Assembly should repeal the scholarship program. The vote would not be legally binding: the bill states the General Assembly keeps full authority over the program regardless of the outcome, and lawmakers intend to revisit the issue in the 2027 session. The actual repeal of the scholarship program would not take effect until June 30, 2027, applying starting with the 2027-2028 school year. The rest of the bill, including the referendum requirements, would take effect immediately once signed by the Governor.

• Repeals Article 2 of Chapter 2B of Title 20 of the Georgia Code, which contains the Georgia Promise Scholarship Act, effective June 30, 2027.
• Requires the Secretary of State to call and conduct a statewide advisory referendum in November 2026 asking voters whether to repeal the scholarship program.
• Sets the exact ballot language voters would see, describing the program as providing up to $6,500 in state funds for qualified education expenses including private school tuition.
• States the referendum result is advisory only and that the General Assembly retains full authority over the program's funding and future by further legislation.
• Directs the Secretary of State to certify and report the referendum results to the Governor and General Assembly, with the state covering the election's cost.

Students and families currently receiving or eligible for Georgia Promise Scholarship funds, private schools that accept scholarship recipients, the Secretary of State's office (which must run the referendum), and Georgia's registered voters, who would weigh in on the program's fate.

If enacted, this bill would put the scholarship program's future before voters in 2026, though lawmakers would not be legally bound by the result. Families relying on the up-to-$6,500 payments for private school tuition or other education costs would see the program continue through the 2026-2027 school year before any repeal could take effect.

• Section 1 repeals Article 2 of Chapter 2B of Title 20, the Georgia Promise Scholarship Act, but this repeal does not take effect until June 30, 2027.
• Section 2 requires the Secretary of State to hold an advisory referendum on the November 2026 general election ballot with specific ballot wording about the $6,500 scholarship program.
• Section 3 clarifies the referendum is advisory and preserves the General Assembly's authority to legislate further on education funding for qualified expenses, with review expected in the 2027 session.
• Section 4 is a severability clause ensuring the rest of the Act stands even if one part is found unconstitutional.
• Section 5 sets a split effective date: the repeal applies starting the 2027-2028 school year, while the referendum and other sections take effect immediately upon the Governor's signature.

1. 2026-01-29House Second Readers (House)
2. 2026-01-28House First Readers (House)
3. 2026-01-27House Hopper (House)

• Floyd Griffin (D, HD-149)Primary sponsor
• Carolyn Hugley (D, HD-141)
• Tanya Miller (D, HD-062)
• Viola Davis (D, HD-087)
• Bryce Berry (D, HD-056)
• Spencer Frye (D, HD-122)

• school vouchers
• Georgia Promise Scholarship
• education funding
• private school tuition
• 2026 referendum