HB1062: HB1062 Education, Department of; publish relevant and applicable federal guidance documents and related information; require

26 LC 49 2530 House Bill 1062 By: Representatives Rice of the 139th, Hilton of the 48th, Cheokas of the 151st, Ballard of the 147th, Glaize of the 67th, and others A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 2 of Title 20 of the Official Cod e of Georgia Annotated,1 relating to the State School Superintendent, so as to require the Department of Education to2 publish relevant and applicable federal guidance documents and related information; to3 provide for definitions; to provide for construction; to require annual notice from the State4 School Superintendent to designated committees and offices of the General Assembly and5 the Office of Planning and Budget; to authorize the State Board of Education to adopt rules;6 to provide for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the10 State School Superintendent, is amended by adding a new Code section to read as follows:11 "20-2-37.12 (a) As used in this Code section, the term:13 (1) 'Federal agency' means the United States Department of Education or its successor14 or any other agency, as such term is defined in 44 U.S.C. Section 3502.15 H. B. 1062 - 1 - 26 LC 49 2530 (2) 'Guidance document' means any statement of general applicability issued by a federal16 agency or by an official of such federal agency that sets forth a policy on a statutory,17 regulatory, or technical issue or an interpretation of a statut ory or regulatory issue;18 provided, however, that such term shall not include a rule or other regulatory action that19 has the force and effect of law promulgated in accordance with the notice and comment20 rule-making requirements of the federal Administrative Procedure Act. Such term shall21 include, but shall not be limited to, advisories, announcements , bulletins, circulars,22 directives, letters, manuals, memoranda, notices, policy statements, and media, news, and23 press releases. Such term shall encompass all guidance materials, regardless of format,24 and shall include, but shall not be limited to, audio files and recordings; documents in25 digital, electronic, or hard copy format; video files and recor dings; internet posts; and26 software applications. Such term shall be construed broadly to effectuate the purpose and27 intent of this Code section.28 (b)(1) Within 15 calendar days of receiving a guidance document from a federal agency29 which the State School Superintendent or Department of Education deems relevant and30 applicable to the duties, responsibilities, or business of the Department of Education, the31 State Board of Education, or the State School Superintendent, t he Department of32 Education shall publish such guidance document in accordance with the requirements of33 subsection (c) of this Code section.34 (2) Within 45 calendar days of receiving a guidance document p rovided for in35 paragraph (1) of this subsection, the Department of Education s hall include on the36 dedicated web page provided for in subsection (c) of this Code section a written response37 to such guidance document that includes, at a minimum:38 (A) Each federal or state statute, regulation, or rule that is addressed either expressly39 or by reasonable implication, interpretation, or application in such guidance document;40 (B) A description of how such guidance document will be implemented; and41 H. B. 1062 - 2 - 26 LC 49 2530 (C) Whether the State School Superintendent or the Department of Education has42 communicated to the relevant federal agency any objection or ex ception to such43 guidance document in whole or in part.44 (3) Within 15 calendar days of a guidance document provided for in paragraph (1) of this45 subsection being rescinded, the Department of Education shall:46 (A) Clearly indicate on the dedicated web page provided for in subsection (c) of this47 Code section that such guidance document has been rescinded; and48 (B) Add the rescinded guidance document along with the date such guidance document49 was rescinded to a separate and clearly identifiable list of re scinded guidance50 documents to be maintained on the dedicated web page provided for in subsection (c)51 of this Code section.52 (c) All guidance documents and rescinded guidance documents which are required to be53 published by the Department of Education under subsection (b) of this Code section shall54 be published on a dedicated web page on the Department of Educa tion's website that is55 clearly identifiable, readily searchable using the search tool included on such website, and56 accessible via a link that is included on the home page of such website.57 (d) Annually by August 1, the State School Superintendent shal l provide in writing the58 following information to the chairpersons of the House Committe e on Education, the59 Senate Education and Youth Committee, the House Committee on Higher Education, the60 Senate Higher Education Committee, the House Committee on Appro priations, and the61 Senate Appropriations Committee; to the Office of Legislative C ounsel; and to the62 directors of the Office of Planning and Budget, the House Budget and Research Office, and63 the Senate Budget and Evaluation Office:64 (1) The Department of Education's website address and the link to the dedicated web65 page provided for in subsection (c) of this Code section;66 H. B. 1062 - 3 - 26 LC 49 2530 (2) A complete list of guidance documents and rescinded guidance documents that are67 currently published on the dedicated web page provided for in subsection (c) of this Code68 section;69 (3) A complete copy of the written responses provided for in p aragraph (2) of70 subsection (b) of this Code section; and71 (4) A complete copy of each rule adopted by the State Board of Education pursuant to72 subsection (e) of this Code section.73 (e) The State Board of Education shall be authorized to adopt rules as necessary to74 implement the requirements of this Code section."75 SECTION 2.76 All laws and parts of laws in conflict with this Act are repealed.77 H. B. 1062 - 4 -