24 LC 49 1921S
The Senate Committee on Education and Youth offered the following
substitute to HB 1104:
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1
provide for notification to parents and legal guardians of public school students of the right2
to receive email notification each time their child obtains school library materials; to identify3
materials that are subject to the complaint resolution policy for materials "harmful to4
minors," as set forth in Code Section 20-2-324.6; to provide for definitions; to repeal Code5
Section 20-2-720, relating to inspection of students' records by parents, for purposes of6
conformity; to prohibit sex education for public school students in this state before sixth7
grade; to provide that no public school or local school system shall be required to provide sex8
education; to require revocable written consent from parents or guardians of students before9
any sex education is provided; to require governing bodies of public schools and local school10
systems to afford parents and guardians of all students and the public opportunity to review11
and to provide comment on proposed sex education curricula before approval by such body;12
to require the State Board of Education to approve age- and grade-appropriate content13
standards for sex education curricula; to provide for definitions; to provide for construction;14
to revise the "Parents Bill of Rights" to provide for parents to revocably opt-in to sex15
education for their children; to authorize Georgia public schools to operate or facilitate16
separate teams for members of each gender where selection for such teams is based upon17
competitive fairness or student safety; to provide that it shall be unlawful for Georgia public18
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schools or participating private schools whose students or teams compete against a Georgia19
public school to operate, sponsor, or facilitate athletic programs or activities that permit any20
person whose sex is male but whose gender identity is female to participate in any21
interscholastic athletics that are designated for females or permit persons of one gender to22
use certain facilities designated for persons of the opposite gender in conjunction with23
interscholastic athletics; to provide for a grievance procedure; to provide for private rights24
of action and awards of attorney fees; to repeal a grant of discretionary authority to athletic25
association executive oversight committees; to provide for legislative findings and intent; to26
provide for state charter schools to hire employees of education service providers; to provide27
for the ability of governing boards to dismiss such employees; to provide for governing28
boards' responsibility for such employees' actions; to address mental health risks for student29
athletes; to provide for guidelines and other relevant materials to inform and educate public30
school student athletes, their parents or guardians, school personnel, and coaches about31
suicide risk and prevention for student athletes and raising awareness of suicide risk and32
prevention resources available to student athletes; to provide for definitions; to require annual33
review by coaches; to provide for definitions; to provide for related matters; to repeal34
conflicting laws; and for other purposes.35
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:36
PART I37
SECTION 1-1.38
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in39
Chapter 1, relating to general provisions regarding education, by adding a new Code section40
to read as follows:41
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"20-1-12.42
(a) As used in this Code section, the term 'parent' means a person who has legal authority43
to act on behalf of a school-age child as a natural or adoptive parent or a legal guardian.44
(b) Each local board of education or other public school governing body shall establish45
policies and procedures to ensure that, by the start of each school year for currently46
enrolled students or at any time during the school year upon the enrollment of a new47
student, a parent of each student enrolled in public school shall be notified in writing of the48
option to receive an email notification each time such student obtains material from a49
library operated by the public school where the student is enrolled. For each parent who50
elects to receive such email notifications, the public school where the student is enrolled51
shall notify the parent by email each time the student obtains school library material, and52
such email notice shall include, as applicable, the title, author, genre, and return date of the53
school library material."54
SECTION 1-2.55
Said title is further amended in Part 15 of Article 6 of Chapter 2, relating to miscellaneous56
provisions under the "Quality Basic Education Act," by adding a new subsection to Code57
Section 20-2-324.6, relating to complaint resolution policy for materials "harmful to minors,"58
to read as follows:59
"(d) This Code section shall apply to any written or electronic materials made available to60
students in a public school, including classroom materials, school library materials, or any61
materials made available to a public school student as part of an extracurricular activity62
offered or supervised by the public school."63
- 3 - 24 LC 49 1921S
SECTION 1-3.64
Said title is further amended in Article 15 of Chapter 2, relating to student data privacy,65
accessibility, and transparency, by revising paragraph (4) and adding a new paragraph to66
Code Section 20-2-662, relating to definitions, to read as follows:67
"(4) 'Education record' means an education record as defined in the Family Educational68
Rights and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section69
1232g; and 34 C.F.R. Part 99.3. Such term includes, without limitation, attendance70
reports and records; test scores, grades, disciplinary records, counseling records, and71
psychological records; applications for admission; health and immunization information;72
student evaluations by teachers and school counselors; reports of behavioral patterns;73
records relating to assistance provided for learning difficulties, including information74
collected regarding any intervention strategies used with the student; and records relating75
to any written or electronic materials made available to students enrolled in a public76
school, including classroom materials, school library materials, or any materials made77
available to a student as part of an extracurricular activity offered or supervised by the78
public school. Such term An education record does not include the types of student data79
excepted in FERPA, does not include student data collected by an operator when it is80
used for internal operations purposes, does not include or student data that is not81
formatted for or expected to be accessed by school, local board of education, or82
department employees, nor does it include student data that a local board of education83
determines cannot reasonably be made available to the parent or eligible student."84
"(8.1) 'Parent' means a person who has legal authority to act on behalf of a school-age85
child as a natural or adoptive parent or a legal guardian."86
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SECTION 1-4.87
Said title is further amended in Part 1 of Article 16 of Chapter 2, relating to school88
attendance, by repealing Subpart 3, relating to records, and Code Section 20-2-720, relating89
to inspection of students' records by parents.90
PART II91
SECTION 2-1.92
Said title is further amended in Part 2 of Article 6 of Chapter 2, relating to competencies and93
core curriculum under the "Quality Basic Education Act," by repealing Code Section94
20-2-143, relating to sex education and AIDS prevention instruction, implementation, and95
student exemption, and enacting a new Code section to read as follows:96
"20-2-143.97
(a) This Code section shall be known and may be cited as the 'No Indoctrinating Children98
in Elementary (NICE) Act.'99
(b) As used in this Code section, the term:100
(1) 'Sex' means the biological state of being male or female, in the context of101
reproductive potential or capacity, based on the individual's sex organs, chromosomes,102
naturally occurring sex hormones, gonads, and internal and external genitalia present at103
birth, including secondary sex characteristics. An individual's sex can be observed or104
clinically verified at or before birth.105
(2) 'Sex education' includes any curricula or instruction that has the goal or purpose of106
studying, exploring, or informing students about human reproduction, human sexuality,107
sexual conduct, an internal or deeply felt sense of the student's sex, or sexual attraction108
to one or more persons.109
(c)(1) No public school or local school system shall provide sex education before the110
sixth grade.111
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(2) No public school or local school system shall be required to provide sex education.112
(d) Before a public school or local school system provides sex education to any student:113
(1) The public school or local school system shall make the sex education curricula114
available to parents and guardians of all students and the public for review online and in115
person as provided in subsection (e) of this Code section; and116
(2) Such student's parent or guardian shall provide revocable written consent for his or117
her child to receive sex education.118
(e)(1) Beginning in the 2024-2025 school year and continuing each school year119
thereafter, before a public school or local school system offers sex education to any120
students, the governing body of such public school or local school system shall review121
and approve the sex education curricula based on content standards prescribed by the122
State Board of Education pursuant to subsection (g) of this Code section; provided,123
however, that such governing body shall not approve any sex education curricula without124
providing parents and guardians of all students and the public with a meaningful125
opportunity to review and to provide input on any proposed sex education curricula, as126
provided in paragraph (2) of this subsection, before such curricula is approved by such127
governing body.128
(2) Before approving any sex education curricula, the governing body of each public129
school or local school system shall:130
(A) Require that all meetings of such governing body, or any committee or131
subcommittee thereof, that are authorized for the purposes of reviewing and approving132
a sex education curricula be publicly noticed at least two weeks before occurring and133
be open to the public pursuant to Chapter 14 of Title 50;134
(B) Make any proposed sex education curricula available and accessible for review and135
public comment, including, but not limited to, written comments, oral comments, and136
comments submitted through email, for at least 45 days before approval of any such sex137
education curricula by such governing body; and138
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(C) Conduct at least two public hearings within the 45 day review period provided for139
in subparagraph (B) of this paragraph.140
(f) At least two weeks before any sex education is offered by a public school or local141
school system pursuant to this Code section, each such public school or local school system142
shall make the sex education curricula approved by the governing body of such public143
school or local school system as provided in subsection (e) of this Code section available144
for meaningful review by parents and guardians of all students and the public.145
(g) By July 1, 2024, the State Board of Education shall adopt age- and grade-appropriate146
content standards for sex education curricula for students in grades six through 12.147
(h) Nothing in this Code section shall be construed to prohibit age- and grade-appropriate148
classroom instruction regarding:149
(1) Child abuse and assault awareness and prevention; and150
(2) Menstruation."151
SECTION 2-2.152
Said title is further amended in Subpart 1 of Part 6 of Article 6 of Chapter 2, relating to153
certificated professional personnel, by revising subsection (b) of Code Section 20-2-201,154
relating to specific course requirements, in-service or continuing education, and online155
offerings, as follows:156
"(b) Each local unit of administration shall be required to provide all professional157
personnel certificated by the Professional Standards Commission 12 clock hours of158
in-service or continuing education in each calendar year, or meet requirements of the159
Southern Association of Colleges and Schools. Such in-service programs shall be160
developed by the local unit of administration in conjunction with such agencies as regional161
educational service agencies, colleges and universities, and other appropriate organizations. 162
These programs shall be designed to address identified needs determined by appropriate163
personnel evaluation instruments. These programs shall also focus on improving the skills164
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of certificated personnel that directly relate to improving student achievement, as reflected165
in the revised certification renewal rules established by the Professional Standards166
Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200167
regarding the impact of professional learning on student achievement. These programs168
shall also include in-service training programs on sexual abuse and assault awareness and169
prevention for professional personnel who will be providing instruction in annual170
age-appropriate sexual abuse and assault awareness and prevention education in171
kindergarten through grade nine pursuant to subsection (b) of Code Section 20-2-143.172
Records of attendance shall be maintained by local units of administration and shall be173
monitored by appropriate Department of Education staff."174
SECTION 2-3.175
Said title is further amended in Part 5 of Article 16 of Chapter 2, relating to review of176
removal, by revising paragraph (3) of subsection (f) of Code Section 20-2-786, the "Parents'177
Bill of Rights," as follows:178
"(3)(A) Procedures which comply with the provisions of Code Section 20-2-143 for a179
parent to provide revocable written consent for his or her minor child to receive sex180
education; and181
(B) Procedures for a parent to withdraw or otherwise revoke his or her written consent182
for his or her minor child from the school's prescribed course of study in to receive sex183
education if the parent provides a written objection to his or her minor child's184
participation. Such procedures must provide for a parent to be notified in advance of185
such course content so that he or she may withdraw his or her minor child from the186
course; and"187
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PART III188
SECTION 3-1.189
The General Assembly recognizes there are inherent physical differences between males and190
females. The General Assembly further recognizes that decisions regarding the regulation191
of sports should be based on promoting integrity and safety. The General Assembly finds192
that protecting students from harm and preserving the competitive fairness of sports are193
important state interests. It is the intent of the General Assembly to ensure that students have194
equal and safe opportunities to succeed in sports.195
SECTION 3-2.196
Said title is further amended in Part 14 of Article 6 of Chapter 2, relating to other educational197
programs under the "Quality Basic Education Act," by revising Code Section 20-2-315,198
relating to gender discrimination prohibited, authorized separate gender teams, equal athletic199
opportunity, physical education classes, employee designated to monitor compliance,200
grievance procedures, and reporting requirements, as follows:201
"(a) As used in this Code section, the term:202
(1) 'Gender identity' means a person's self-perceived, asserted, or claimed gender203
regardless of the person's sex.204
(2) 'Multiple occupancy restroom or changing area' means an area in a local school205
system, public school, or participating private school building that is designed or206
designated to be used by one or more individuals at the same time and in which one or207
more individuals may be in various stages of undress in the presence of other individuals.208
Such term includes, but shall not be limited to, the following:209
(A) Restrooms;210
(B) Locker rooms;211
(C) Changing rooms; and212
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(D) Shower facilities.213
(3) 'Participating private school' means a private school in this state whose students or214
teams compete against students or teams from a public school or local school system in215
this state.216
(4) 'Sex' means a person's biological sex which shall be recognized solely based on a217
person's reproductive biology and genetics at birth. For purposes of this subsection, a218
statement of a student's biological sex on the student's official birth certificate shall be219
deemed to have correctly stated the student's biological sex at birth if the statement was220
included on such birth certificate at or near the time of the student's birth. 'Participating221
private school' means a private school in this state whose students or teams compete222
against students or teams from a public school or local school system in this state.223
(b) No student shall, on the basis of gender sex, be excluded from participation in, be224
denied the benefits of, be treated differently from another student, or otherwise be225
discriminated against in any interscholastic or intramural athletics offered by a local school226
system, and no local school system shall provide any such athletics separately on such227
basis.228
(b)(c) Notwithstanding the requirements of subsection (a) of this Code section, a A local229
school system may operate or sponsor separate teams for members of each gender sex230
where selection for such teams is based upon competitive skill, competitive fairness,231
student safety, or the activity involved is a contact sport. However, where a local school232
system operates or sponsors a team in a particular sport for members of one gender sex but233
operates or sponsors no such team for members of the other gender sex, and athletic234
opportunities for members of that gender sex in that particular sport have previously been235
limited, members of the excluded gender sex must be allowed to try out for the team236
offered unless the sport involved is a contact sport. Nothing in this subsection shall be237
construed to limit the authority of a local school system to operate or sponsor a single team238
for a contact sport that includes members of both genders sexes. As used in this239
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subsection, the term 'contact sport' includes boxing, wrestling, rugby, ice hockey, football,240
basketball, and any other sport the purpose or major activity of which involves bodily241
contact.242
(c)(d) A local school system which operates or sponsors interscholastic or intramural243
athletics shall undertake all reasonable efforts to provide equal athletic opportunity for244
members of both genders sexes. In determining whether equal opportunities are available245
the following factors shall be considered:246
(1) Whether the selection of sports and levels of competition effectively accommodate247
the interests and abilities of members of both genders sexes;248
(2) The provision of equipment and supplies;249
(3) Scheduling of games and practice time;250
(4) Travel allowance;251
(5) Opportunity to receive coaching and academic tutoring;252
(6) Assignment and compensation of coaches and tutors;253
(7) Provision of locker rooms and practice and competitive facilities;254
(8) Provision of medical and training facilities and services; and255
(9) Publicity.256
Unequal aggregate expenditures for members of each gender sex or unequal expenditures257
for male and female teams if a local school system operates or sponsors separate teams will258
not constitute noncompliance with this subsection, but the failure to provide essential funds259
for the basic operations of teams for one gender sex may be considered in assessing260
equality of opportunity for members of each gender sex. Nothing in Code Section261
20-2-411 shall be construed to limit the authority of a local school system to expend school262
tax funds as authorized by Article VIII, Section VI, Paragraph I(b) of the Constitution in263
order to comply with the requirements of this Code section.264
(d)(e) A local school system may provide separate toilet, locker room, and shower facilities265
multiple occupancy restroom or changing areas on the basis of gender sex, but such266
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facilities shall be comparable to such facilities provided for students of the other gender267
sex.268
(e)(f) This Code section does not prohibit the grouping of students in physical education269
classes by gender sex.270
(f)(g)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school271
system sponsors an athletic activity or sport at a particular school that is similar to a sport272
for which an institution in the University System of Georgia offers an athletic273
scholarship, it must sponsor the athletic activity or sport for which a scholarship is274
offered at that school. This paragraph does not affect academic requirements for275
participation nor prevent the local school system from sponsoring activities in addition276
to those for which scholarships are provided.277
(2) Two athletic activities or sports that are similar may be offered simultaneously.278
(3) If a local school system demonstrates by a bona fide survey of eligible students at the279
school, which is approved by the Department of Education for compliance with generally280
accepted opinion survey principles regarding neutral wording and other matters, that there281
is insufficient interest among students at the school to field a team described in paragraph282
(1) of this subsection, then the local school system shall not be required to sponsor such283
athletic activity or sport at that school. The exemption provided for by this paragraph284
shall be valid for 24 months following the date when the most recent bona fide student285
survey demonstrating a lack of student interest was completed, unless a new bona fide286
student survey is conducted within the 24 month period that demonstrates sufficient287
interest to field a team. If such a new bona fide student survey demonstrates such288
sufficient interest, then the local school system must comply with paragraph (1) of this289
subsection during the local school system's next fiscal year and until such time as a new290
bona fide student survey demonstrates insufficient interest to field a team described in291
paragraph (1) of this subsection. A local school system shall conduct the bona fide292
student survey described in this paragraph regarding interest in a team described in293
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paragraph (1) of this subsection upon the request of nine students at the school, but no294
more frequently than once every 12 months.295
(4) Nothing in this subsection shall be construed to preclude the application of generally296
applicable policies or rules regarding the cancellation of an athletic activity or sport due297
to lack of student participation in scheduled practices or contests.298
(g)(h) Each local school system shall designate at least one employee to coordinate its299
efforts to comply with and carry out its responsibilities under this Code section, including300
the investigation of any complaint communicated to such local school system alleging its301
noncompliance with this Code section. The employee designated under this subsection302
may be the same person required to be designated under 34 C.F.R. Section 106.8. The303
local school system annually shall notify all its students of the name, office address, and304
office telephone number of the employee or employees appointed pursuant to this305
subsection. Such notification may be included in a student handbook distributed pursuant306
to Code Section 20-2-736.307
(h)(i) Each local school system shall adopt and publish grievance procedures providing for308
prompt and equitable resolution of written student complaints, including complaints309
brought by a parent or guardian on behalf of his or her minor child who is a student,310
alleging any action which would be a violation of this Code section. Such procedures shall311
require that:312
(1) The employee designated under subsection (g)(h) of this Code section shall render313
his or her decision in writing no later than 30 days after receipt of the complaint, and such314
decision shall set forth the essential facts and rationale for the decision;315
(2) A copy of such decision shall be provided to the complainant within five days of the316
date of the decision; and317
(3) A complainant shall have a right to appeal such decision to the local board within 35318
days of the date of the decision.319
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(i)(j)(1) A complainant may appeal a decision of a local board that is rendered under320
subsection (h)(i) of this Code section in accordance with the procedures specified in Code321
Section 20-2-1160. If the State Board of Education determines that a local school system322
has failed to comply with this Code section, then the state board shall provide the local323
school system with opportunities to prepare a corrective plan. If the state board324
determines that a corrective plan of the local school system adequately plans and provides325
for future compliance with this Code section, then the state board shall approve the plan326
and direct the local school system to implement such plan.327
(2) If, upon a complaint filed pursuant to subsection (h)(i) of this Code section after one328
year following the date of a state board order directing implementation of a corrective329
plan pursuant to paragraph (1) of this subsection but within four years of the date of such330
order, the state board determines that the local school system which was subject to such331
order has willfully failed to comply with this Code section, the state board may, after332
consideration of the local school system's efforts to implement the corrective plan333
approved in the earlier proceeding and of any other corrective plan that may be submitted334
by the local school system, transmit a certification of such determination to the335
Department of Community Affairs. If the state board's determination of noncompliance336
is later reversed or vacated upon appeal, the state board shall immediately notify the337
Department of Community Affairs of such action.338
(3) If, upon a complaint filed pursuant to subsection (h)(i) of this Code section after one339
year following the date of a state board certification to the Department of Community340
Affairs pursuant to paragraph (2) of this subsection but within four years of the date of341
such order, the state board determines that the local school system which was subject to342
such order has willfully failed to comply with this Code section, the state board may,343
after consideration of the local school system's efforts to implement a corrective plan344
approved in an earlier proceeding and of any other corrective plan that may be submitted345
by the local school system, order that a team or teams within the local school system or346
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school within the local school system shall not participate in interscholastic postseason347
athletic contests and that participation in violation of such an order may result in348
withholding of state funds allotted pursuant to Code Section 20-2-186. An order of the349
state board barring participation in interscholastic postseason athletic contests shall be350
made and announced before the beginning of a school year.351
(4) If, upon a complaint filed pursuant to subsection (h)(i) of this Code section after one352
year following the date of a state board order prohibiting participation in interscholastic353
postseason athletic contests pursuant to paragraph (3) of this subsection but within four354
years of the date of such order, the state board determines that the local school system355
which was subject to such order has willfully failed to comply with this Code section, the356
state board may, after consideration of the local school system's efforts to implement a357
corrective plan approved in an earlier proceeding and of any other corrective plan that358
may be submitted by the local school system, withhold state funds that are allotted359
pursuant to Code Section 20-2-186 in an amount that the state board determines is360
sufficient to secure the local school system's compliance with this Code section. In the361
event that state funds are withheld pursuant to this paragraph, such funds shall later be362
allotted to the local school system at such time as the state board determines that the local363
school system is in compliance with this Code section.364
(j)(k) The Department of Education may publish an annual report of local school systems365
to include information regarding expenditures and participation rates for each gender sex366
and such other information as the state board and department deem relevant.367
(l)(1) No local school system, public school, or participating private school in this state368
shall operate interscholastic athletics that permit a person whose sex is male but whose369
gender identity is female to participate in any interscholastic athletics that are designated370
for females.371
(2)(A) No local school system, public school, or participating private school in this372
state shall operate interscholastic athletics that permit a person whose sex is male to use373
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any multiple occupancy restroom or changing area designated for females in374
conjunction with any interscholastic athletics.375
(B) No local public school system, local public school, or participating private school376
in this state shall operate interscholastic athletics that permit a person whose sex is377
female to use any multiple occupancy restroom or changing area designated for males378
in conjunction with any interscholastic athletics.379
(3) A student who is aggrieved by an alleged violation or anticipated violation of this380
subsection or his or her parent or guardian shall have a right to file a grievance complaint381
with the employee designated in subsection (h) of this Code section for an immediate382
preliminary determination of whether a violation of this subsection exists or is about to383
occur. If an alleged violation or anticipated violation is preliminarily determined to have384
occurred or is reasonably likely to occur, the employee designated in subsection (h) of385
this Code section shall issue a decision immediately and may direct that the alleged386
violation or anticipated violation cease and desist pending a final resolution of such387
grievance complaint. If a grievance complaint is rejected, the complaining party shall388
have the right of an immediate appeal to the local board of education for relief.389
(4) In addition to any other rights or remedies otherwise provided by law, any aggrieved390
student and any such student's parent or guardian shall have a private right of action to391
enforce the provisions of this subsection through injunctive or declaratory relief in the392
superior court of the county in which the relevant public school, local school system, or393
participating private school is located. If an aggrieved student or such student's parent394
or guardian is the prevailing party in such action, the student or student's parent or395
guardian shall be entitled to an award of reasonable attorney fees, court costs, and396
expenses of litigation, but shall not be entitled to any monetary damages.397
(5) Nothing in this Code section shall override any requirements or protections398
prescribed in the federal Americans with Disabilities Act, 42 U.S.C. Section 12101, et399
seq."400
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SECTION 3-3.401
Said title is further amended in said part by revising paragraph (1) of subsection (b) and402
subparagraph (c)(1)(E) of Code Section 20-2-316, relating to involvement of athletic403
association in high school athletics, as follows:404
"(1) The athletic association shall comply with the requirements of subsections (a)405
through (f)(g) of Code Section 20-2-315, as those requirements relate to the athletic406
association's functions of organizing, sanctioning, scheduling, or rule making for events407
in which public high schools participate;"408
"(E) The authority and duties of the executive oversight committee shall include:409
(i) To meet in person or remotely not less than twice each school year;410
(ii) To meet in person or remotely upon the call of the chairperson or a majority of411
the executive oversight committee;412
(iii) To establish policies and procedures for the executive oversight committee;413
(iv) To conduct any independent audit, review, or investigation the executive414
oversight committee deems necessary, including, but not limited to, the audit, review,415
or investigation of the classifications of participating schools and travel-related travel416
related issues of participating schools; and417
(v) If the athletic association determines that it is necessary and appropriate to418
prohibit students whose gender is male from participating in athletic events that are419
designated for students whose gender is female, then the athletic association may420
adopt a policy to that effect; provided, however, that such policy shall be applied to421
all of the athletic association's participating public high schools; and422
(vi) To conduct an annual evaluation of the athletic association as a whole and423
present a report of its findings, recommendations, and conclusions to the General424
Assembly's High School Athletics Overview Committee; and"425
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PART IV426
SECTION 4-1.427
Said title is further amended in Article 31A of Chapter 2, relating to state charter schools, by428
adding a new subsection to Code Section 20-2-2084, relating to petition for charter schools,429
requirements of school, governing board membership, annual training, and simultaneous430
service prohibited, to read as follows:431
"(h)(1) As used in this subsection, the term 'education service provider' means any432
organization that contracts with a new or existing charter school to provide services433
including, but not limited to, curriculum design, professional development, student434
assessments, financial and operational management, facilities management, human435
resources management, or employee benefits.436
(2) A state charter school may utilize teachers, other instructional staff, and437
noninstructional staff who are employees of an education service provider only if the438
governing board of such state charter school retains the authority to select and dismiss439
such teachers, other instructional staff, and noninstructional staff from service at the state440
charter school.441
(3) The governing board of a state charter school shall remain responsible and442
accountable for all operations, compliance, and performance of any employees of an443
education service provider utilized by such state charter school."444
PART V445
SECTION 5-1.446
Said title is further amended in Part 15 of Article 6 of Chapter 2, relating to miscellaneous447
provisions under the "Quality Basic Education Act," by adding a new Code section to read448
as follows:449
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"20-2-324.7.450
(a) As used in this Code section, the term:451
(1) 'Athletic association' means any association of schools or any other similar452
organization which acts as an organizing, sanctioning, scheduling, or rule-making body453
for interscholastic athletic activities in which public schools in this state participate.454
(2) 'Interscholastic athletic activity' means interscholastic athletics and practices and455
scrimmages related to interscholastic athletics.456
(3) 'Student athlete' means a public school student in grades six through 12 participating457
in or desiring to participate in an interscholastic athletic activity.458
(b) Each athletic association shall, in consultation with the Department of Behavioral459
Health and Developmental Disabilities, develop and post on its public website guidelines460
and other relevant materials, including, but not limited to, approved videos or links thereto,461
to inform and educate student athletes, their parents or guardians, school personnel, and462
coaches about suicide risk and prevention for student athletes and raising awareness of463
suicide risk and prevention resources available to student athletes. In developing such464
guidelines and materials, an athletic association may utilize educational videos available465
at no cost to the state for the purpose of educating school personnel and coaches.466
(c) Each public school which includes one or more grades from grades six through 12 shall467
provide information to each student athlete's parent or guardian at least once each school468
year regarding suicide risk and prevention for student athletes and to raise awareness of469
suicide risk and prevention resources available to student athletes.470
(d)(1) Once each school year, each coach of an interscholastic athletic activity shall471
review the guidelines and other relevant materials, including, but not limited to, videos,472
approved by each athletic association of which the coach's school is a member pursuant473
to subsection (b) of this Code section.474
(2) A coach shall not be eligible to coach an interscholastic athletic activity until he or475
she completes the requirements contained in this subsection."476
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PART VI477
SECTION 6-1.478
All laws and parts of laws in conflict with this Act are repealed.479
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