20-2-324.7. Social media policies required in all public schools; minimum policy requirements; policy enforcement; policy compliance review and investigation by Department of Education; corrective action by State Board of Education for noncompliance.

As used in this Code section, the term:#

1. (1)

   “Internet” means the global information system that is logically linked together by a globally unique address space based on the internet protocol or its subsequent extensions; that is able to support communications using the transmission control protocol/internet protocol (TCP/IP) suite, its subsequent extensions, or other compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on such communications and related infrastructure.#

2. (2)

   “Local governing body” means the board of education of each local school system, the governing body of each charter school subject to the provisions of Article 31 or 31A of this chapter, and the governing board of each completion special school subject to the provisions of Article 31C of this chapter. Such term shall not include system charter schools, as defined in Code Section 20-2-2062; conversion charter schools, as defined in Code Section 20-2-2062, whose charter is not held by a nonprofit corporation; and college and career academies that are charter schools.#

3. (3)

   “Social media platform” has the same meaning as defined in Code Section 39-6-1.#

No later than April 1, 2026, each local governing body shall adopt a social media policy which shall:#

1. (1)

   1. (A)

      Except as provided in subparagraph (B) of this paragraph, prohibit students from accessing social media platforms through the use of computer equipment, communications services, or internet access that is operated, owned, leased, and made available to students by the local governing body, the school system, or a public school.#

   2. (B)

      To the extent authorized by such social media policy, students shall be permitted to access social media platforms only:#

      1. (i)

         As directed by school personnel;#

      2. (ii)

         For the exclusive purpose of accessing and utilizing age-appropriate educational resources;#

      3. (iii)

         Under the supervision of such school personnel; and#

      4. (iv)

         During the course of a school related activity;#

2. (2)

   Establish appropriate measures to be taken when a student violates such policy; and#

3. (3)

   Establish procedures for parents and legal guardians to:#

   1. (A)

      Request information from school personnel about what social media platforms have been or are intended to be accessed as provided in subparagraph (B) of paragraph (1) of this subsection; and#

   2. (B)

      Prohibit their child from accessing one or more social media platforms as provided in subparagraph (B) of paragraph (1) of this subsection.#

A local governing body shall take such steps as it deems appropriate to implement and enforce its social media policy, which shall include, but shall not be limited to:#

1. (1)

   Use of software programs and other technologies reasonably designed and intended to block and monitor access to social media platforms; and#

2. (2)

   Selection of online servers that block and monitor access to social media platforms.#

Each local school system or public school shall publish on its website a copy of the social media policy adopted pursuant to subsection (b) of this Code section and shall provide a paper copy of such upon written request of a parent or guardian of an enrolled student.#

The Department of Education shall be authorized to consult with and assist any local governing body in developing and implementing a social media policy pursuant to this Code section.#

1. (1)

   No later than April 1, 2026, each local governing body shall submit a copy of the social media policy adopted pursuant to subsection (b) of this Code section to the Department of Education for compliance review. Such submission shall identify any software program or other technology that is being or will be utilized to block access to social media platforms in accordance with subsection (c) of this Code section.#

2. (2)

   The Department of Education shall review each social media policy and any subsequent revisions submitted pursuant to paragraph (3) of this subsection. If the Department of Education determines after compliance review that a policy or revision thereof is not reasonably designed to achieve the requirements of this Code section, it shall provide written notice of noncompliance to the local governing body as provided for in paragraph (4) of this subsection.#

3. (3)

   No revision of a social media policy which has been deemed compliant pursuant to paragraph (2) of this subsection shall be implemented until such revision is reviewed by the Department of Education. If the Department of Education fails to provide a notice of noncompliance for the revision within 60 days of its receipt, the local governing body may proceed with the implementation of the revision.#

4. (4)

   1. (A)

      The Department of Education shall be responsible for conducting any necessary investigations and making written determinations as to whether a local governing body has failed to comply with the requirements of this Code section.#

   2. (B)

      If the Department of Education determines that a local governing body has failed to comply with the requirements of this Code section, it shall provide a written notice of noncompliance to such local governing body and the local governing body shall have 30 days from the receipt of such notice to correct such noncompliance and to develop a corrective action plan for preventing future recurrences. The Department of Education may extend such 30 day period upon a showing of good cause by the local governing body.#

5. (5)

   1. (A)

      The State Board of Education shall be authorized to take corrective action, including, but not limited to, withholding a portion of state funding to a local school system or public school, as provided for in Code Section 20-2-243, if such local governing body fails to comply with the provisions of this Code section or fails to enforce or substantially disregards its social media policy.#

   2. (B)

      If the State Board of Education notifies the local governing body that it is subject to the withholding of state funding pursuant to subparagraph (A) of this paragraph, such local governing body may bring an action against the State Board of Education seeking appropriate relief from the superior court of the county where the local governing body is headquartered.#