HB1123: HB1123 Quality Basic Education Act; require certain schools that offer after-school programs to make such programs available to pre-kindergarten students

Right now, a public school that offers before- or after-school care for its kindergarten through elementary students is not required to offer that same care to children enrolled in its Georgia's Pre-K Program classroom, even if the pre-k class meets in the same building. This bill changes that by adding new language to Georgia's Quality Basic Education Act (O.C.G.A. Title 20). Starting with the 2026-2027 school year, any 'qualifying school,' meaning a public school that has kindergarten, primary, or upper elementary students and also runs a Georgia's Pre-K classroom, must let its pre-k students use any after-school program the school offers, on the same basis as other students. The Department of Early Care and Learning can grant a school a one-year waiver from this requirement if the school explains extenuating circumstances in writing, but the school must reapply every year it wants to keep the waiver.

• Adds a new requirement to the Quality Basic Education Act that qualifying public schools must open after-school programs to pre-kindergarten students on the same basis as other students.
• Defines 'after-school program' as any program a school runs after regular school hours.
• Defines 'qualifying school' as a public school with kindergarten, primary, or upper elementary students that also operates a Georgia's Pre-K Program classroom.
• Sets the requirement to begin with the 2026-2027 school year.
• Allows the Department of Early Care and Learning to waive the requirement for a qualifying school for up to one school year at a time, based on a written request describing extenuating circumstances.
• Requires a school seeking a waiver beyond one year to submit a brand new request for each additional school year.

Public schools that host both elementary grade levels and a Georgia's Pre-K classroom, the families of pre-kindergarten students at those schools, school administrators who run after-school programs, and the Department of Early Care and Learning, which will review waiver requests.

Families with a child in a school-based pre-k program would gain the option to use the same after-school care already available to older students, which could affect work schedules and child care costs. Schools with limited after-school capacity would need to include pre-k students or seek a yearly waiver.

• Amends O.C.G.A. § 20-2-308 within the Quality Basic Education Act to add definitions and requirements for after-school access for pre-k students.
• Subsection (a) defines 'after-school program' and 'qualifying school,' tying the requirement to schools that both serve early elementary grades and operate a Georgia's Pre-K Program classroom.
• Subsection (b) requires qualifying schools to make after-school programs available to pre-k students on the same basis as other enrolled students, beginning with the 2026-2027 school year.
• Subsection (c) lets the Department of Early Care and Learning waive the requirement for a qualifying school for up to one school year per written request, with a new request required for each additional year.
• Section 2 repeals any conflicting laws.

1. 2026-05-05Effective Date 2026-07-01
2. 2026-05-05Act 393
3. 2026-05-05House Date Signed by Governor (House)
4. 2026-04-06House Sent to Governor (House)
5. 2026-03-19Senate Passed/Adopted (Senate)
6. 2026-03-19Senate Third Read (Senate)
7. 2026-03-16Senate Read Second Time (Senate)
8. 2026-03-12Senate Committee Favorably Reported (Senate)

• Jan Jones (R, HD-047)Primary sponsor
• Chris Erwin (R, HD-032)
• Scott Hilton (R, HD-048)
• Bethany Ballard (R, HD-147)
• Sandy Donatucci (R, HD-105)
• Sharon Cooper (R, HD-045)
• Kay Kirkpatrick (R, SD-032)

1. PassedHouse voteFebruary 24, 2026

   162 yea, 0 nay (8 not voting, 7 absent)

   Passage: House Vote #544

2. PassedSenate voteMarch 19, 2026

   46 yea, 0 nay (2 not voting, 6 absent)

   Passage: Senate Vote #753

• pre-kindergarten
• after-school programs
• Georgia Pre-K
• public schools
• child care access