HB1486: HB1486 Education; term "education record"; revise definitions

26 LC 49 2565 House Bill 1486 By: Representatives Persinger of the 119th, Camp of the 135th, and Erwin of the 32nd A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1 revise definitions of the term "education record"; to include a dditional cross-references2 relative to access to student education records by parents and legal custodians; to repeal a3 specific time limitation upon a parent or legal custodian's right to request education records;4 to replace certain terms used in such title with "school busine ss day"; to provide for5 definitions; to provide for an effective date; to provide for r elated matters; to repeal6 conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in10 Article 1 of Chapter 1, relating to general provisions, by repe aling Code Section 20-1-9,11 relating to "local school system," "local boards of education," and "county boards of12 education" defined, and enacting a new Code Section 20-1-9 to read as follows:13 "20-1-9.14 Except as may otherwise be specifically provided, as used in this title, the term:15 H. B. 1486 - 1 - 26 LC 49 2565 (1) 'Area school system' means a local school system authorized by and created pursuant16 to Article VIII, Section V, Paragraph I of the Georgia Constitu tion that comprises the17 consolidation of two or more county school systems, independent school systems,18 portions thereof, or any combination thereof.19 (2) 'County school system' means a local school system authori zed by Article VIII,20 Section V, Paragraph I of the Georgia Constitution, that is not an area school system or21 an independent school system, and that comprises the portion of a county that is not part22 of an area school system or an independent school system.23 (3) 'Independent school system' means a local school system authorized by Article VIII,24 Section V, Paragraph I of the Georgia Constitution that existed at the time of the25 ratification thereof and that is not a county school system or an area school system.26 (4) 'Local board of education' means the board of education for a local school system.27 (5) 'Local school system' means any area school system, county school system, or28 independent school system authorized by Article VIII, Section V , Paragraph I of the29 Georgia Constitution.30 (6) 'School business day' means any day except Saturday, Sunda y, or a legal holiday31 when:32 (A) At least one school administrator is required to report to the school in person for33 duty for all or part of the day; provided, however, that this requirement shall not be met34 when such school administrator's presence is for the exclusive purpose of securing or35 maintaining school facilities; and36 (B)(i) The school is not designated as closed for students and school personnel, or a37 similar designation, on its official school calendar; or38 (ii) The school is not closed for students and school personnel pursuant to a lawful39 order by the Governor, the local board of education or other governing body, the local40 school superintendent, or another government agency or official with legal authority41 to issue such order.42 H. B. 1486 - 2 - 26 LC 49 2565 (7) 'School day' means any day when:43 (A) A school is in operation and providing for in-person or virtual instruction or other44 educational programs or services to students enrolled in such school; and45 (B)(i) The school is not designated as closed for students, on break, on holiday, not46 in session, or a similar designation on its official school calendar; or47 (ii) The school is not closed for students pursuant to a lawful order by the Governor,48 the local board of education or other governing body, the local school superintendent,49 or another government agency or official with legal authority to issue such order.50 (8) 'School system' shall have the same meaning as local school system."51 SECTION 2.52 Said title is further amended in Article 15 of Chapter 2, relat ing to student data privacy,53 accessibility, and transparency, by revising paragraph (4) of Code Section 20-2-662, relating54 to definitions, as follows:55 "(4) 'Education record' means an education record as defined in the federal F a m i l y56 Educational Rights and Privacy Act (FERPA) and its implementing regulations, 2057 U.S.C. Section 1232g; and 34 C.F.R. Part 99.3. An education record does not include the58 types of student data excepted in FERPA, does not include student data collected by an59 operator when it is used for internal operations purposes, does not include or student data60 that is not formatted for or expected to be accessed by school, local board of education,61 or department employees, nor does it include student data that a local board of education62 determines cannot reasonably be made available to the parent or eligible student."63 SECTION 3.64 Said title is further amended in Subpart 1 of Part 1 of Article 16 of Chapter 2, relating to65 transfer students, by revising paragraph (2) of subsection (a) and subsection (e) of Code66 Section 20-2-670, relating to disclosures and information required for permanent enrollment67 H. B. 1486 - 3 - 26 LC 49 2565 in a grade higher than third, provisional enrollment, and trans fer of education records, as68 follows:69 "(2) 'Education records' means any education record, as such term is defined in the70 federal Family Educational Rights and Privacy Act (FERPA) and i ts implementing71 regulations, 20 U.S.C. Section 1232g; and 34 C.F.R. Part 99.3, that is maintained by a72 local education agency, a public or private elementary or secon dary school, the73 Department of Juvenile Justice school system, or a party acting on behalf of such entity74 and is directly related to a student. Such term shall include, but shall not be limited to,75 records of such student's enrollment, attendance, class schedules, academic transcripts,76 grades, student discipline, student financial information, health records, special education77 records, and psychological evaluations. Such term shall includ e the student's critical78 records."79 "(e) Each time a transferring student's education records, incl uding, but not limited to,80 critical records, are transferred to a receiving school, such s tudent's parent or legal81 custodian shall be notified in writing by the receiving school of the transfer of such records82 and shall, upon written request made within five school business days of the date of such83 notice, be entitled to receive a copy of such records from the receiving school. Within five84 school business days of the receipt of a copy of such records, such student's parent or legal85 custodian may make a written request for and shall be entitled to a meeting with the86 principal of the sending school or of the receiving school or h is or her designee for the87 purpose of correcting the content of such records as provided in Code Section 20-2-667.88 The parties may mutually agree for such meeting to occur at a date and time outside of such89 five-day period."90 H. B. 1486 - 4 - 26 LC 49 2565 SECTION 4.91 Said title is further amended in Subpart 3 of Part 1 of Article 16 of Chapter 2, relating to92 records, by revising subsections (a) and (b) of Code Section 20-2-720, relating to inspection93 of students' records by parents or legal custodians, as follows:94 "(a) As used in this Code section, the term:95 (1) 'Education record records' shall have the same meaning as provided for set forth in96 Code Section 20-2-662 20-2-670.97 (2) 'Legal custodian' means an entity or individual other than a parent with legal98 authority to act on behalf of a student. Such term shall inclu de the Department of99 Juvenile Justice and the Division of Family and Children Services of the Department of100 Human Services.101 (3) 'Local board of education' means the governing body of each local education agency102 as such terms are defined in Code Section 20-2-167.1. Such term shall include the school103 system of the Department of Juvenile Justice.104 (4) 'Parent' means an individual other than a legal custodian who has legal authority to105 act on behalf of a student as a natural or adoptive parent or a legal guardian.106 (b) No local board of education shall have a policy of denying , or which effectively107 prevents, the parents or legal custodians of students who are in attendance at or who have108 been enrolled in any facility within such system the right to i nspect and review the109 education records of their child as provided in Code Section Sections 20-2-667, 20-2-670,110 and 20-2-786."111 SECTION 5.112 Said title is further amended by replacing the terms "school day", "school days", "business113 day", and "business days" with "school business day" or "school business days", respectively,114 wherever the former terms appear in:115 H. B. 1486 - 5 - 26 LC 49 2565 (1) Code Section 20-1-11, relating to advocating for divisive concepts, prohibition on116 discrimination, practice of tolerance and mutual respect encouraged, complaint resolution117 policies, inspection of records, and waivers prohibited;118 (2) Code Section 20-2-315, relating to sexual discrimination in sports, designations of119 teams, equal opportunity for all sexes, facilities, accommodations, and violations;120 (3) Code Section 20-2-324.6, relating to complaint resolution policy for materials121 "harmful to minors";122 (4) Code Section 20-2-667, relating to parental and student review of education record123 and model policies;124 (5) Subsection (f) of Code Section 20-2-670, relating to discl osures and information125 required for permanent enrollment in a grade higher than third, provisional enrollment,126 and transfer of education records;127 (6) Subsection (a.1) of Code Section 20-2-697, relating to cooperation of principals and128 teachers in public schools with visiting teachers and attendanc e officers, attendance129 reports and records kept by public schools, and letter indicating enrollment;130 (7) Code Section 20-2-786, the "Parents' Bill of Rights"; and131 (8) Code Section 20-2-2064, relating to approval or denial of petition under the "Charter132 Schools Act of 1998."133 SECTION 6.134 This Act shall become effective upon its approval by the Governor or upon its becoming law135 without such approval.136 SECTION 7.137 All laws and parts of laws in conflict with this Act are repealed. 138 H. 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