HB1220: HB1220 Education; student eligibility and maximum scholarship amounts; revise provisions

Georgia's student scholarship organization program (O.C.G.A. Chapter 2A of Title 20) lets donors get tax credits for funding private school scholarships, but students generally must first attend a public school for six weeks before qualifying. This bill waives that six-week public school attendance requirement for two new groups: students whose parent is an active duty military service member stationed in Georgia, and students with an Individualized Education Program (IEP), a Section 504 Plan, or a diagnosis such as dyslexia, autism spectrum disorder, speech-language delay, hearing loss, or another disability designated by the Department of Education. The bill also changes the scholarship amount cap. Currently every scholarship is capped at the average state and local per-student spending in public schools. Under this bill, students with the disabilities described above would not be subject to that cap. The Department of Education would also have to publish, alongside its existing list of scholarship organizations, a list of participating schools and the medical or behavioral conditions each school can accommodate. The changes would take effect upon the Governor's signature and apply to tax years starting on or after January 1, 2026.

• Waives the six-week public school attendance requirement for scholarship eligibility for students whose parent is an active duty military service member stationed in Georgia.
• Waives the same requirement for students with an IEP, a Section 504 Plan, or a Department of Education-designated disability such as dyslexia or autism spectrum disorder.
• Removes the cap tying scholarship amounts to average state and local per-student public school spending for students in the newly designated disability category.
• Requires the Department of Education to publish annually the list of designated disabilities and the maximum scholarship amount by January 1 each year.
• Requires the Department of Education to publish a new list of participating private schools and the medical or behavioral conditions each school can accommodate.
• Sets the changes to take effect upon the Governor's signature and apply to tax years beginning on or after January 1, 2026.

Military families stationed in Georgia, students with IEPs, Section 504 Plans, or diagnosed disabilities like dyslexia or autism, private schools participating in the scholarship program, student scholarship organizations that manage donations, and the Georgia Department of Education, which must publish new lists and annual disability designations.

Families in these groups would no longer need to first enroll a child in public school for six weeks before seeking a private school scholarship, and eligible students with disabilities could receive scholarships larger than the usual per-student spending cap, potentially covering more of private school tuition and specialized services.

• Section 1 amends the definition of 'eligible student' (O.C.G.A. § 20-2A-1) to waive the six-week public school enrollment requirement for military-connected students and students with designated disabilities.
• Section 2 amends O.C.G.A. § 20-2A-2 to exempt students with an IEP, Section 504 Plan, or designated disability from the cap limiting scholarships to the average per-student public school spending amount.
• Section 2 also requires the Department of Education to determine and publish the maximum scholarship amount and the list of designated disabilities each year by January 1.
• Section 3 amends O.C.G.A. § 20-2A-6 to require the Department of Education to publish a list of participating schools and the medical or behavioral conditions each can accommodate.
• Section 4 sets the effective date as the date of the Governor's approval, applying to taxable years beginning on or after January 1, 2026.

1. 2026-03-31Senate Tabled (Senate)
2. 2026-03-23Senate Read Second Time (Senate)
3. 2026-03-20Senate Committee Favorably Reported (Senate)
4. 2026-03-06Senate Read and Referred (Senate)
5. 2026-03-04House Passed/Adopted By Substitute (House)
6. 2026-03-04House Third Readers (House)
7. 2026-02-20House Committee Favorably Reported By Substitute (House)
8. 2026-02-09House Second Readers (House)

• Bethany Ballard (R, HD-147)Primary sponsor
• Chuck Efstration (R, HD-104)
• Scott Hilton (R, HD-048)
• Jan Jones (R, HD-047)
• Sandy Donatucci (R, HD-105)
• Shawn Still (R, SD-048)

1. PassedHouse voteMarch 4, 2026

   106 yea, 63 nay (3 not voting, 5 absent)

   Passage: House Vote #616

2. PassedSenate voteMarch 31, 2026

   39 yea, 10 nay (2 not voting, 3 absent)

   Motion To Table Remaining Legislation On The Rules Calendar: Senate Vote #912

• school vouchers
• special education
• military families
• education funding
• private school scholarships