HB 1220: Education; student eligibility and maximum scholarship amounts; revise provisions

Georgia's student scholarship organization program lets donors get tax credits for funding private school scholarships, but students usually must first attend a Georgia public school for at least six weeks to qualify. This bill adds new exceptions to that rule. 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 diagnosed disability such as dyslexia or autism spectrum disorder, would no longer need to meet the public school attendance requirement to become eligible. The bill also removes the usual cap on scholarship size, tied to average per-student public school spending, for those same students with IEPs, 504 Plans, or designated disabilities. It requires the Department of Education to publish each year which conditions qualify and to list participating private schools along with the medical or behavioral conditions each school can accommodate. The changes would take effect once signed by the Governor and apply to tax years starting January 1, 2026.

• Waives the six-week public school attendance requirement for eligible student scholarship recipients whose parent is an active-duty military service member stationed in Georgia.
• Waives the same attendance requirement for students with an IEP, a Section 504 Plan, or a diagnosed disability like dyslexia, autism, speech-language delay, or hearing loss.
• Removes the standard scholarship dollar cap for students with those IEPs, 504 Plans, or designated disabilities, allowing scholarships above the usual per-student spending limit.
• Requires the Department of Education to publish annually which disabilities qualify for these exceptions, alongside the existing scholarship cap amount.
• Requires the Department of Education to publish a list of participating private schools and the medical or behavioral conditions each school can accommodate.

Military families stationed in Georgia, students with IEPs, Section 504 Plans, or diagnosed disabilities such as dyslexia or autism, student scholarship organizations that award the tax-credit scholarships, participating private schools, and the Department of Education, which must track and publish new information.

Families who move for military assignments or whose children have disabilities often cannot meet the six-week public school attendance rule that normally gates access to these scholarships. This bill would open that path to them and let their scholarships exceed the usual dollar cap, potentially covering higher-cost private school placements.

• Section 1 amends the definition of 'eligible student' in O.C.G.A. § 20-2A-1 to waive the six-week public school attendance requirement for military-connected students and students with an IEP, 504 Plan, or specified disability.
• Section 2 amends O.C.G.A. § 20-2A-2 so the annual scholarship amount cap, tied to average state and local per-student public school spending, does not apply to students with an IEP, 504 Plan, or designated intellectual or developmental disability.
• Section 2 also requires the Department of Education to publish the designated qualifying disabilities each year by January 1, alongside the scholarship cap amount.
• 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 school currently accommodates or can accommodate.
• Section 4 sets the effective date as the date the Governor signs the bill (or it becomes law without a signature), applying to tax years beginning on or after January 1, 2026.

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

• Bethany Ballard (R, HD-147)Patrocinador principal
• 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. AprobadaVotación: Cámara de Representantes4 de marzo de 2026

   106 a favor, 63 en contra (3 sin votar, 5 ausentes)

   Passage: House Vote #616

2. AprobadaVotación: Senado31 de marzo de 2026

   39 a favor, 10 en contra (2 sin votar, 3 ausentes)

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

• private school scholarships
• students with disabilities
• military families
• education tax credits
• special education