SB497: SB497 School Students; written notification to a parent when a student receives certain noninstructional services from certain school employees; require

26 LC 49 9009 Senate Bill 497 By: Senators Dixon of the 45th, Still of the 48th, Summers of the 13th, Gooch of the 51st, Echols of the 49th and others AS PASSED SENATE A BILL TO BE ENTITLED AN ACT To amend Article 16 of Chapter 2 of Title 20 of the Official Co de of Georgia Annotated,1 relating to elementary and secondary school students, so as to require written notification to2 a parent when a student receives certain noninstructional servi ces from certain school3 employees; to provide for exceptions; to provide for education records of such4 noninstructional services; to revise the "Parents' Bill of Rights" to provide for such written5 notification; to require local education agencies to adopt poli cies, rules, or regulations; to6 provide for definitions; to provide for construction; to provid e for an effective date; to7 provide for related matters; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Article 16 of Chapter 2 of Title 20 of the Official Code of Geo rgia Annotated, relating to11 elementary and secondary school students, is amended in Part 5, relating to review of12 removal, by redesignating Code Section 20-2-786, the "Parents' Bill of Rights," as Part 6, by13 revising said Code section, and by adding a new Code section to said new part to read as14 follows:15 S. B. 497 - 1 - 26 LC 49 9009 "20-2-786.16 (a) This Code section part shall be known and may be cited as the 'Parents' Bill of Rights.'17 (b) The General Assembly finds that it is a fundamental right of parents to direct the18 upbringing and education of their minor children. The General Assembly further finds that19 important information relating to a minor child should not be withheld, either inadvertently20 or purposefully, from his or her parent, including information relating to the minor child's21 education.22 (c) As used in this Code section part, the term:23 (1) 'Education records' shall have the same meaning as set for th in Code24 Section 20-2-670.25 (1)(2) 'Governing body' shall have the same meaning as provided s e t f o r t h i n26 subsection (a) of Code Section 20-2-167.1.27 (2)(3) 'Instructional material' means instructional materials and content, as defined by the28 State Board of Education pursuant to Code Section 20-2-1010, an d locally approved29 instructional materials and content, as defined in subsection ( a) of Code30 Section 20-2-1017.31 (4) 'Local education agency' shall have the same meaning as set forth in subsection (a)32 of Code Section 20-2-167.1.33 (3)(5) 'Minor child' means a person an individual who is less than 18 years of age and34 who has not been emancipated by operation of law or by court or der pursuant to Code35 Section 15-11-727 or as otherwise provided by law.36 (4)(6) 'Parent' means a person an individual who has legal authority to act on behalf of37 a minor child as a natural or adoptive parent or a legal guardian.38 (7) 'Principal' means the school principal, or his or her designee, of the school which a39 student attends or for which such student participates in extra curricular activities or40 interscholastic activities.41 S. B. 497 - 2 - 26 LC 49 9009 (5)(8) 'Review period' means the first two weeks of each nine-week grading period of the42 school year; provided, however, that, for schools that do not implement nine-week43 grading periods, the term 'review period' such term means the first two weeks of each44 grading period of the school year.45 (9) 'School' means a public elementary or public secondary school in this state.46 (10) 'Student' means a minor child who is enrolled in a school or participates in47 extracurricular activities or interscholastic activities for such school.48 (d) No state or local government entity, governing body, local education agency, or any49 officer, employee, or agent thereof may infringe on the fundame ntal right of a parent to50 direct the upbringing and education of his or her minor child without demonstrating that51 such action is reasonable and necessary to achieve a compelling state interest and that such52 action is narrowly tailored and is not otherwise served by less restrictive means.53 (e)(1) All parental rights are reserved to the parent of a minor child in this state without54 obstruction or interference from a state or local government entity, governing body, local55 education agency, or any officer, employee, or agent thereof, including, but not limited56 to:57 (A) The right to direct the upbringing and the moral or religious training of his or her58 minor child;59 (B) The right to review all instructional materials intended for use in the classroom of60 his or her minor child;61 (C) The right to apply to enroll his or her minor child in a p ublic school or, as an62 alternative to public education, a private school, including a religious school, a home63 study program, or other available options, as authorized by law and subject to64 applicable enrollment requirements;65 (D) The right to access and review all education records relating to his or her minor66 child, including, but not limited to, current grade reports and attendance records, unless67 otherwise prohibited by law;68 S. B. 497 - 3 - 26 LC 49 9009 (E) The right to access information relating to promotion and retention policies and69 high school graduation requirements;70 (F) The right to provide written notice that photographs or video or voice recordings71 of his or her child are not permitted, subject to applicable pu blic safety and security72 exceptions; and73 (G)(i) The right to request, in writing, from the local school superintendent or school74 principal the information provided for in this Code section. T he local school75 superintendent or school principal shall produce such informati on for inspection76 within a reasonable amount of time not to exceed three school business days of receipt77 of a request. In those instances where when some, but not all, information requested78 is available for inspection within three school business days, the local school79 superintendent or school principal shall make available within that such time period80 such information that is available for inspection. In any instance where when some81 or all of such information is unavailable within three school business days of receipt82 of the request, and such information exists, the local school superintendent or school83 principal shall, within such time period, provide the requester with a description of84 such information and a timeline for when the information will b e available for85 inspection and shall provide the such information or access thereto as soon as86 practicable but in no case later than 30 days of receipt of the request.87 (ii) If the local school superintendent or school principal denies a parent's request for88 information provided for in this Code section or does not provide existing responsive89 information within 30 days, the parent may appeal such denial or failure to respond90 to the governing body. The governing body must place shall consider and take action91 on such appeal on the agenda for at its next regularly scheduled or special public92 meeting. If it is too late for such appeal to appear on the next meeting's agenda, the93 appeal must be included on the agenda for the subsequent meeting.94 S. B. 497 - 4 - 26 LC 49 9009 (iii) A parent aggrieved by the decision of the governing body may appeal such95 decision to the State Board of Education as provided in subsect ion (b) of Code96 Section 20-2-1160; and97 (H) The right to receive written notification as required by s ubsection (c) of Code98 Section 20-2-786.1.99 (2) Unless such rights have been waived or terminated as provided by law, parents have100 inalienable rights that are more comprehensive than those listed in paragraph (1) of this101 subsection. This Code section p a r t does not prescribe all rights of parents. Unless102 otherwise required by law, the rights of a parent of a minor child shall not be limited or103 denied.104 (f) Each governing body shall, in consultation with parents, teachers, and administrators,105 develop and adopt a policy or regulation to promote parental in volvement in the public106 schools. Such policy or regulation shall be updated each year by June 1 and posted on each107 governing body's public website, and a copy of such policy or regulation shall be available108 for review on site upon request by a parent. Such policy or regulation shall include:109 (1) Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670 for110 a parent to review education records relating to his or her minor child and to request the111 transfer of such records to another school or a person or entity authorized to receive such112 records;113 (2)(A) Procedures for a parent to learn about his or her minor child's courses of study,114 including, but not limited to, parental access to instructional materials intended for use115 in the classroom. Instructional materials intended for use in his or her minor child's116 classroom shall be made available for parental review during the review period. If such117 instructional materials are not made available by a school or l ocal school system118 education agency for review online, then they shall be made available for review on site119 upon a parent's request made during the review period.120 S. B. 497 - 5 - 26 LC 49 9009 (B) Procedures for a parent to object to instructional materials intended for use in his121 or her minor child's classroom or recommended by his or her minor child's teacher;122 ( 3 ) P r o c e d u r e s f o r a p a r e n t t o w i t h d r a w h i s o r h e r m i n o r c h i l d from the school's123 prescribed course of study in sex education if the parent provides a written objection to124 his or her minor child's participation. Such procedures shall provide for a parent to be125 notified in advance of such course content so that he or she ma y withdraw his or her126 minor child from the course;127 (4) Procedures for a parent to provide written notice that photographs or video or voice128 recordings of his or her child are not permitted, subject to ap plicable public safety and129 security exceptions; and130 (5) Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670 for131 the timely production of a student's education records by such student's current or132 previous school to another school in which such student has enrolled, intends to enroll,133 or is considering enrollment.134 (g) This Code section does not and shall not be construed to:135 (1) Authorize a parent of a minor child in this state to engage in conduct that is unlawful136 or to abuse or neglect his or her minor child in violation of the law;137 (2) Prohibit a judge or officer of a court of competent jurisd iction, law enforcement138 officer, or any agent of a state or local government entity tha t is responsible for child139 welfare from acting in his or her official capacity within the reasonable and prudent scope140 of his or her authority;141 (3) Prohibit a court of competent jurisdiction from issuing an order that is otherwise142 permitted by law; or143 (4) Apply to a parental action or decision that would end life.144 (h) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for145 a strategic waivers school system, Code Section 20-2-2063.2 or 20-2-2065 for a charter146 system, Code Section 20-2-2065 for a charter school established pursuant to Article 31 or147 S. B. 497 - 6 - 26 LC 49 9009 Article 31A of this chapter, Code Section 20-2-2096.3 for a completion special school, or148 Code Section 20-2-244.149 20-2-786.1.150 (a) As used in this Code section, the term:151 (1) 'Noninstructional services' means medical, nursing, or therapeutic counseling services152 provided to a student that are not part of instruction or instruction related services relating153 to state approved courses provided or coordinated by a certifie d teacher, a substitute154 teacher, or other qualified personnel.155 (2) 'School employee' means a school counselor, school nurse, school psychologist,156 school social worker, student advocacy specialist, school admin istrator, or teacher157 employed by or on behalf of a public elementary or public secondary school in this state158 regardless of whether such employment is pursuant to a contract or is full time or part159 time.160 (3) 'Therapeutic counseling services' means services primarily focused on addressing a161 student's mental and emotional issues. Such term shall not inc lude services primarily162 focused on a student's academic skills, achievements, planning, or goals relative to his163 or her elementary or secondary education or to his or her posts econdary or career164 objectives.165 (b) Each time a school employee provides noninstructional services to a student, he or she166 shall make a record of such noninstructional services, and such record shall be part of the167 student's education records.168 (c)(1) Except as provided in paragraph (2) of this subsection, each time a student169 receives noninstructional services from a school employee, written notification shall be170 provided to the student's parent as soon as practicable but in no case later than 48 hours171 after such noninstructional services were provided.172 S. B. 497 - 7 - 26 LC 49 9009 (2)(A) Subject to the provisions of subparagraph (B) of this p aragraph, a school173 employee shall not be required to provide written notification to the student's parent as174 required in paragraph (1) of this subsection when, acting in go od faith and based on175 sound judgment, he or she reasonably believes that:176 (i) The student presents an imminent danger of harming himself, herself, or another177 and the parental notification required in paragraph (1) of this subsection would178 exacerbate such danger; or179 (ii) Suspected child abuse, as such term is defined in Code Section 19-7-5, involving180 the student has occurred or there is an imminent danger of such child abuse occurring181 and the parental notification required in paragraph (1) of this subsection would182 exacerbate such danger.183 (B) If, pursuant to subparagraph (A) of this paragraph, a scho ol employee does not184 provide written notification to a student's parent as required in paragraph (1) of this185 subsection, he or she shall provide, within 12 hours of providi ng noninstructional186 services to the student, written notice to the student's princi pal of such decision and187 shall include in such notice a clear explanation of the basis for such decision. If in such188 cases the school employee is the school principal, he or she shall provide such written189 notice to his or her immediate supervisor.190 (d) By July 1, 2026, each local education agency shall adopt policies, rules, or regulations191 to implement the requirements of this Code section.192 (e) Nothing in this Code section shall be construed to:193 (1) Authorize or require a school employee to violate federal or state law;194 (2) Change any individual's duty to report child abuse, as req uired by Code195 Section 19-7-5;196 (3) Prohibit a judge or officer of a court of competent jurisd iction, law enforcement197 officer, or any agent of a state or local government entity tha t is responsible for child198 S. B. 497 - 8 - 26 LC 49 9009 welfare from acting in his or her official capacity within the reasonable and prudent scope199 of his or her authority; or200 (4) Prohibit a court of competent jurisdiction from issuing an order that is otherwise201 permitted by law.202 (f) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for203 a strategic waivers school system, Code Section 20-2-2063.2 or 20-2-2065 for a charter204 system, Code Section 20-2-2065 for a charter school established pursuant to Article 31 or205 Article 31A of this chapter, Code Section 20-2-2096.3 for a completion special school, or206 Code Section 20-2-244."207 SECTION 2.208 This Act shall become effective upon its approval by the Governor or upon its becoming law209 without such approval.210 SECTION 3.211 All laws and parts of laws in conflict with this Act are repealed.212 S. B. 497 - 9 -