SB 152: "Georgia Promise Scholarship Act"; the biological or adopted children of individuals who are foster parents and who meet certain conditions shall qualify for promise scholarship accounts; provide

The House Committee on Education offers the following substitute to SB 152:

A BILL TO BE ENTITLED

AN ACT

To amend Chapter 2B of Title 20 of the Official Code of Georgia Annotated, relating to promise scholarship accounts, so as to provide that the biological or adopted children of individuals who are foster parents and who meet certain conditions shall qualify for promise scholarship accounts; to provide for such conditions; to provide for definitions; to provide for the education savings authority to make limited disclosures to the Department of Revenue for purposes of verifying income as compared to income thresholds; to clarify and revise student qualifications for promise scholarship accounts; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2B of Title 20 of the Official Code of Georgia Annotated, relating to promise scholarship accounts, is amended in Code Section 20-2B-5, relating to powers of the education savings authority, by revising subsection (b) and by adding two new subsections to read as follows:

"(b) Pursuant Except as provided in subsection (d) of this Code section, pursuant to Code Section 50-18-70, the education savings authority shall not disclose and shall keep confidential, in each case unless identifying information has been redacted:

(1) Records that include information identifying a student or former student by name, address except for ZIP Code, telephone number, or emergency contact; and

(2) Records that reveal an individual's social security number, mother's birth name, credit card information, debit card information, bank account information, account number, utility account number, password used to access his or her account, financial data or information, insurance or medical information in all records, unlisted telephone number if so designated in a public record, personal email address or cellular telephone number, or month and day of birth."

"(d) As necessary to enforce the provisions of this chapter, the education savings authority or its duly authorized agents may submit to the state revenue commissioner the names of applicants for promise scholarship accounts or account funds or other benefits or payments provided under this chapter, as well as the relevant income threshold specified therein. If the education savings authority elects to contract with the state revenue commissioner for such purposes, the state revenue commissioner and his or her agents or employees shall notify the education savings authority whether each submitted applicant's income exceeds the relevant income threshold provided. The education savings authority shall pay the state revenue commissioner for all costs incurred by the Department of Revenue pursuant to this subsection. No information shall be provided by the Department of Revenue to the education savings authority without an executed cooperative agreement between the two entities. Any tax information secured from the federal government by the Department of Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may not be disclosed by the Department of Revenue pursuant to this subsection. Any person receiving any tax information under the authority of this subsection is subject to the provisions of Code Section 48-7-60 and to all penalties provided under Code Section 48-7-61 for unlawful divulging of confidential tax information.

(e) As necessary to enforce the provisions of the chapter, the education savings authority or its duly authorized agents may submit to the Department of Human Services the names of foster parents provided by applicants seeking promise scholarships accounts pursuant to Code Section 20-2B-22.1. The Department of Human Services shall, upon receipt of such names, provide verification to the education savings authority or its duly authorized agents as to whether such individuals are foster parents as such term is defined in Code Section 20-2B-22.1."

SECTION 2.

Said chapter is further amended in Code Section 20-2B-22, relating to participating student qualifications, continued eligibility of participating students to receive funds subject to conditions, requirements for parents of participating students, and forfeiture of account funds, by revising paragraph (3) and subparagraph (B) of paragraph (5) of subsection (a) as follows: "(3) The student resides in the attendance zone of Based on his or her primary residence, the student is currently enrolled in, or will be eligible to be enrolled for the following school year in, a public school that is included on the list of public schools provided for in Code Section 20-2B-29 or a qualified kindergarten program of such school;" "(B) In the event that the amount of funds appropriated for the program exceeds the amount of funds necessary to include all students who meet the family income requirement provided for in subparagraph (A) of this paragraph and the student:

(i) Is already a participating student; or and

(ii) Timely submitted an application for an account to the education savings authority by either of the two quarterly application deadlines immediately preceding July 1 as provided for in paragraph (9) of this subsection,

the student's family income exceeds 400 percent of the federal poverty level as defined annually by the federal Office of Management and Budget; provided, however, that from among students provided for in this subparagraph, students who previously participated in the program shall be prioritized;"

SECTION 3.

Said chapter is further amended by adding a new Code section to read as follows:

"20-2B-22.1.

(a) As used in this Code section, the term:

(1) 'Biological or adopted child' means a child who is the biological issue of an individual or who has been adopted by an individual pursuant to a decree of adoption by a court of this state or by a court of any other jurisdiction.

(2) 'Foster parent' means an individual who maintains an approved and open foster care home which is utilized by a child-placing agency pursuant to Chapter 5 of Title 49 or approved and directly supervised by the Department of Human Services.

(b) Notwithstanding any provision of Code Section 20-2B-22 to the contrary, each student who has reached the age of four years but has not reached the age of 20 years, who is the biological or adopted child of an individual who is a foster parent, and who meets the requirements of paragraphs (1), (4), (6), (7), (8), and (9) of subsection (a) of Code Section 20-2B-22 shall qualify for a promise scholarship account under this article."

SECTION 4.

This Act shall become effective on July 1, 2025.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.