Georgia 2023 2023-2024 Regular Session

Georgia House Bill HB1104 Comm Sub / Bill

Filed 02/26/2024

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The House Committee on Education offers the following substitute to HB 1104:
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the1
"Quality Basic Education Act," so as to address mental health risks for student athletes; to2
provide for guidelines and other relevant materials to inform and educate public school and3
participating private school student athletes, their parents or guardians, school personnel, and4
coaches about mental health risks for student athletes and raising awareness of mental health5
resources available to student athletes; to provide for definitions; to require annual review6
by coaches; to provide for limited liability; to encourage additional implementation; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality11
Basic Education Act," is amended in Part 15, relating to miscellaneous provisions, by adding12
a new Code section to read as follows:13
"20-2-324.7.14
(a)  As used in this Code section, the term:15
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(1) 'Athletic association' means any association of schools or any other similar16
organization which acts as an organizing, sanctioning, scheduling, or rule-making body17
for interscholastic athletic activities in which public schools and participating private18
schools in this state participate.19
(2)  'Healthcare provider' means a licensed physician, another licensed individual under20
the supervision of a licensed physician, licensed psychiatrist, licensed psychologist,21
licensed clinical social worker, licensed professional counselor, clinical nurse specialist22
in psychiatric/mental health, or other licensed mental or behavioral health clinician or23
specialist who has received training on screening school-age children for mental health24
risks.25
(3)  'Interscholastic athletic activity' means interscholastic athletics and practices and26
scrimmages related to interscholastic athletics.27
(4)  'Participating private school' means a private school in this state whose students or28
teams compete against students or teams from a public school or local school system in29
this state.30
(5)  'Student athlete' means a public school or participating private school student in31
grades six through 12 participating in or desiring to participate in an interscholastic32
athletic activity.33
(b)  Each athletic association shall, in consultation with the Department of Behavioral34
Health and Developmental Disabilities, develop and post on its public website guidelines35
and other relevant materials, including, but not limited to, approved videos or links thereto,36
to inform and educate student athletes, their parents or guardians, school personnel, and37
coaches about mental health risks for student athletes and raising awareness of mental38
health resources available to student athletes.  In developing such guidelines and materials,39
an athletic association may utilize educational videos available at no cost to the state for40
the purpose of educating school personnel and coaches.41
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(c)  Each public school and participating private school which includes one or more grades42
from grades six through 12 shall provide information to each student athlete's parent or43
guardian at least once each school year regarding mental health risks for student athletes44
and to raise awareness of mental health resources available to student athletes.45
(d)(1)   Once each school year, each coach of an interscholastic athletic activity shall46
review the guidelines and other relevant materials, including, but not limited to, videos,47
approved by each athletic association of which the coach's school is a member pursuant48
to subsection (b) of this Code section.49
(2)  A coach shall not be eligible to coach an interscholastic athletic activity until he or50
she completes the requirements contained in this subsection.51
(e)  This Code section shall not create any liability for, or create a cause of action against,52
a local board of education or other governing body of a public school or participating53
private school or the officers, employees, or volunteers of any such entities for any act or54
omission related to the removal or nonremoval of a student athlete participating in an55
interscholastic athletic activity in conjunction with an actual or perceived risk to the mental56
health of such student athlete or another student athlete; provided, however, that this57
subsection shall not include healthcare providers unless they are acting in a volunteer58
capacity.59
(f)  The sponsors of youth athletic activities, as defined in subsection (a) of Code Section60
20-2-324.1, are encouraged to implement the provisions of this Code section."61
SECTION 2.62
All laws and parts of laws in conflict with this Act are repealed.63
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