| 6 | | - | To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1 |
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| 7 | | - | provide for notification to parents and legal guardians of public school students of the right2 |
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| 8 | | - | to receive email notification each time their child obtains school library materials; to identify3 |
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| 9 | | - | materials that are subject to the complaint resolution policy for materials "harmful to4 |
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| 10 | | - | minors," as set forth in Code Section 20-2-324.6; to provide for definitions; to repeal Code5 |
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| 11 | | - | Section 20-2-720, relating to inspection of students' records by parents, for purposes of6 |
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| 12 | | - | conformity; to prohibit sex education for public school students in this state before sixth7 |
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| 13 | | - | grade; to provide that no public school or local school system shall be required to provide sex8 |
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| 14 | | - | education; to require revocable written consent from parents or guardians of students before9 |
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| 15 | | - | any sex education is provided; to require governing bodies of public schools and local school10 |
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| 16 | | - | systems to afford parents and guardians of all students and the public opportunity to review11 |
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| 17 | | - | and to provide comment on proposed sex education curricula before approval by such body;12 |
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| 18 | | - | to require the State Board of Education to approve age- and grade-appropriate content13 |
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| 19 | | - | standards for sex education curricula; to provide for definitions; to provide for construction;14 |
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| 20 | | - | to revise the "Parents Bill of Rights" to provide for parents to revocably opt-in to sex15 |
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| 21 | | - | education for their children; to authorize Georgia public schools to operate or facilitate16 |
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| 22 | | - | separate teams for members of each gender where selection for such teams is based upon17 |
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| 23 | | - | competitive fairness or student safety; to provide that it shall be unlawful for Georgia public18 |
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| 24 | | - | - 1 - 24 LC 49 1921S |
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| 25 | | - | schools or participating private schools whose students or teams compete against a Georgia19 |
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| 26 | | - | public school to operate, sponsor, or facilitate athletic programs or activities that permit any20 |
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| 27 | | - | person whose sex is male but whose gender identity is female to participate in any21 |
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| 28 | | - | interscholastic athletics that are designated for females or permit persons of one gender to22 |
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| 29 | | - | use certain facilities designated for persons of the opposite gender in conjunction with23 |
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| 30 | | - | interscholastic athletics; to provide for a grievance procedure; to provide for private rights24 |
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| 31 | | - | of action and awards of attorney fees; to repeal a grant of discretionary authority to athletic25 |
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| 32 | | - | association executive oversight committees; to provide for legislative findings and intent; to26 |
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| 33 | | - | provide for state charter schools to hire employees of education service providers; to provide27 |
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| 34 | | - | for the ability of governing boards to dismiss such employees; to provide for governing28 |
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| 35 | | - | boards' responsibility for such employees' actions; to address mental health risks for student29 |
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| 36 | | - | athletes; to provide for guidelines and other relevant materials to inform and educate public30 |
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| 37 | | - | school student athletes, their parents or guardians, school personnel, and coaches about31 |
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| 38 | | - | suicide risk and prevention for student athletes and raising awareness of suicide risk and32 |
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| 39 | | - | prevention resources available to student athletes; to provide for definitions; to require annual33 |
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| 40 | | - | review by coaches; to provide for definitions; to provide for related matters; to repeal34 |
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| 41 | | - | conflicting laws; and for other purposes.35 |
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| 42 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:36 |
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| 43 | | - | PART I37 |
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| 44 | | - | SECTION 1-1.38 |
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| 45 | | - | Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in39 |
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| 46 | | - | Chapter 1, relating to general provisions regarding education, by adding a new Code section40 |
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| 47 | | - | to read as follows:41 |
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| 48 | | - | - 2 - 24 LC 49 1921S |
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| 49 | | - | "20-1-12.42 |
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| 50 | | - | (a) As used in this Code section, the term 'parent' means a person who has legal authority43 |
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| 51 | | - | to act on behalf of a school-age child as a natural or adoptive parent or a legal guardian.44 |
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| 52 | | - | (b) Each local board of education or other public school governing body shall establish45 |
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| 53 | | - | policies and procedures to ensure that, by the start of each school year for currently46 |
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| 54 | | - | enrolled students or at any time during the school year upon the enrollment of a new47 |
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| 55 | | - | student, a parent of each student enrolled in public school shall be notified in writing of the48 |
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| 56 | | - | option to receive an email notification each time such student obtains material from a49 |
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| 57 | | - | library operated by the public school where the student is enrolled. For each parent who50 |
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| 58 | | - | elects to receive such email notifications, the public school where the student is enrolled51 |
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| 59 | | - | shall notify the parent by email each time the student obtains school library material, and52 |
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| 60 | | - | such email notice shall include, as applicable, the title, author, genre, and return date of the53 |
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| 61 | | - | school library material."54 |
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| 62 | | - | SECTION 1-2.55 |
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| 63 | | - | Said title is further amended in Part 15 of Article 6 of Chapter 2, relating to miscellaneous56 |
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| 64 | | - | provisions under the "Quality Basic Education Act," by adding a new subsection to Code57 |
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| 65 | | - | Section 20-2-324.6, relating to complaint resolution policy for materials "harmful to minors,"58 |
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| 66 | | - | to read as follows:59 |
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| 67 | | - | "(d) This Code section shall apply to any written or electronic materials made available to60 |
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| 68 | | - | students in a public school, including classroom materials, school library materials, or any61 |
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| 69 | | - | materials made available to a public school student as part of an extracurricular activity62 |
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| 70 | | - | offered or supervised by the public school."63 |
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| 71 | | - | - 3 - 24 LC 49 1921S |
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| 72 | | - | SECTION 1-3.64 |
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| 73 | | - | Said title is further amended in Article 15 of Chapter 2, relating to student data privacy,65 |
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| 74 | | - | accessibility, and transparency, by revising paragraph (4) and adding a new paragraph to66 |
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| 75 | | - | Code Section 20-2-662, relating to definitions, to read as follows:67 |
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| 76 | | - | "(4) 'Education record' means an education record as defined in the Family Educational68 |
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| 77 | | - | Rights and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section69 |
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| 78 | | - | 1232g; and 34 C.F.R. Part 99.3. Such term includes, without limitation, attendance70 |
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| 79 | | - | reports and records; test scores, grades, disciplinary records, counseling records, and71 |
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| 80 | | - | psychological records; applications for admission; health and immunization information;72 |
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| 81 | | - | student evaluations by teachers and school counselors; reports of behavioral patterns;73 |
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| 82 | | - | records relating to assistance provided for learning difficulties, including information74 |
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| 83 | | - | collected regarding any intervention strategies used with the student; and records relating75 |
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| 84 | | - | to any written or electronic materials made available to students enrolled in a public76 |
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| 85 | | - | school, including classroom materials, school library materials, or any materials made77 |
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| 86 | | - | available to a student as part of an extracurricular activity offered or supervised by the78 |
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| 87 | | - | public school. Such term An education record does not include the types of student data79 |
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| 88 | | - | excepted in FERPA, does not include student data collected by an operator when it is80 |
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| 89 | | - | used for internal operations purposes, does not include or student data that is not81 |
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| 90 | | - | formatted for or expected to be accessed by school, local board of education, or82 |
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| 91 | | - | department employees, nor does it include student data that a local board of education83 |
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| 92 | | - | determines cannot reasonably be made available to the parent or eligible student."84 |
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| 93 | | - | "(8.1) 'Parent' means a person who has legal authority to act on behalf of a school-age85 |
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| 94 | | - | child as a natural or adoptive parent or a legal guardian."86 |
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| 95 | | - | - 4 - 24 LC 49 1921S |
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| 96 | | - | SECTION 1-4.87 |
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| 97 | | - | Said title is further amended in Part 1 of Article 16 of Chapter 2, relating to school88 |
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| 98 | | - | attendance, by repealing Subpart 3, relating to records, and Code Section 20-2-720, relating89 |
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| 99 | | - | to inspection of students' records by parents.90 |
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| 100 | | - | PART II91 |
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| 101 | | - | SECTION 2-1.92 |
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| 102 | | - | Said title is further amended in Part 2 of Article 6 of Chapter 2, relating to competencies and93 |
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| 103 | | - | core curriculum under the "Quality Basic Education Act," by repealing Code Section94 |
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| 104 | | - | 20-2-143, relating to sex education and AIDS prevention instruction, implementation, and95 |
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| 105 | | - | student exemption, and enacting a new Code section to read as follows:96 |
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| 106 | | - | "20-2-143.97 |
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| 107 | | - | (a) This Code section shall be known and may be cited as the 'No Indoctrinating Children98 |
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| 108 | | - | in Elementary (NICE) Act.'99 |
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| 109 | | - | (b) As used in this Code section, the term:100 |
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| 110 | | - | (1) 'Sex' means the biological state of being male or female, in the context of101 |
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| 111 | | - | reproductive potential or capacity, based on the individual's sex organs, chromosomes,102 |
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| 112 | | - | naturally occurring sex hormones, gonads, and internal and external genitalia present at103 |
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| 113 | | - | birth, including secondary sex characteristics. An individual's sex can be observed or104 |
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| 114 | | - | clinically verified at or before birth.105 |
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| 115 | | - | (2) 'Sex education' includes any curricula or instruction that has the goal or purpose of106 |
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| 116 | | - | studying, exploring, or informing students about human reproduction, human sexuality,107 |
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| 117 | | - | sexual conduct, an internal or deeply felt sense of the student's sex, or sexual attraction108 |
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| 118 | | - | to one or more persons.109 |
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| 119 | | - | (c)(1) No public school or local school system shall provide sex education before the110 |
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| 120 | | - | sixth grade.111 |
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| 121 | | - | - 5 - 24 LC 49 1921S |
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| 122 | | - | (2) No public school or local school system shall be required to provide sex education.112 |
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| 123 | | - | (d) Before a public school or local school system provides sex education to any student:113 |
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| 124 | | - | (1) The public school or local school system shall make the sex education curricula114 |
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| 125 | | - | available to parents and guardians of all students and the public for review online and in115 |
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| 126 | | - | person as provided in subsection (e) of this Code section; and116 |
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| 127 | | - | (2) Such student's parent or guardian shall provide revocable written consent for his or117 |
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| 128 | | - | her child to receive sex education.118 |
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| 129 | | - | (e)(1) Beginning in the 2024-2025 school year and continuing each school year119 |
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| 130 | | - | thereafter, before a public school or local school system offers sex education to any120 |
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| 131 | | - | students, the governing body of such public school or local school system shall review121 |
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| 132 | | - | and approve the sex education curricula based on content standards prescribed by the122 |
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| 133 | | - | State Board of Education pursuant to subsection (g) of this Code section; provided,123 |
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| 134 | | - | however, that such governing body shall not approve any sex education curricula without124 |
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| 135 | | - | providing parents and guardians of all students and the public with a meaningful125 |
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| 136 | | - | opportunity to review and to provide input on any proposed sex education curricula, as126 |
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| 137 | | - | provided in paragraph (2) of this subsection, before such curricula is approved by such127 |
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| 138 | | - | governing body.128 |
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| 139 | | - | (2) Before approving any sex education curricula, the governing body of each public129 |
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| 140 | | - | school or local school system shall:130 |
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| 141 | | - | (A) Require that all meetings of such governing body, or any committee or131 |
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| 142 | | - | subcommittee thereof, that are authorized for the purposes of reviewing and approving132 |
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| 143 | | - | a sex education curricula be publicly noticed at least two weeks before occurring and133 |
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| 144 | | - | be open to the public pursuant to Chapter 14 of Title 50;134 |
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| 145 | | - | (B) Make any proposed sex education curricula available and accessible for review and135 |
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| 146 | | - | public comment, including, but not limited to, written comments, oral comments, and136 |
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| 147 | | - | comments submitted through email, for at least 45 days before approval of any such sex137 |
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| 148 | | - | education curricula by such governing body; and138 |
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| 149 | | - | - 6 - 24 LC 49 1921S |
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| 150 | | - | (C) Conduct at least two public hearings within the 45 day review period provided for139 |
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| 151 | | - | in subparagraph (B) of this paragraph.140 |
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| 152 | | - | (f) At least two weeks before any sex education is offered by a public school or local141 |
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| 153 | | - | school system pursuant to this Code section, each such public school or local school system142 |
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| 154 | | - | shall make the sex education curricula approved by the governing body of such public143 |
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| 155 | | - | school or local school system as provided in subsection (e) of this Code section available144 |
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| 156 | | - | for meaningful review by parents and guardians of all students and the public.145 |
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| 157 | | - | (g) By July 1, 2024, the State Board of Education shall adopt age- and grade-appropriate146 |
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| 158 | | - | content standards for sex education curricula for students in grades six through 12.147 |
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| 159 | | - | (h) Nothing in this Code section shall be construed to prohibit age- and grade-appropriate148 |
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| 160 | | - | classroom instruction regarding:149 |
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| 161 | | - | (1) Child abuse and assault awareness and prevention; and150 |
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| 162 | | - | (2) Menstruation."151 |
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| 163 | | - | SECTION 2-2.152 |
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| 164 | | - | Said title is further amended in Subpart 1 of Part 6 of Article 6 of Chapter 2, relating to153 |
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| 165 | | - | certificated professional personnel, by revising subsection (b) of Code Section 20-2-201,154 |
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| 166 | | - | relating to specific course requirements, in-service or continuing education, and online155 |
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| 167 | | - | offerings, as follows:156 |
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| 168 | | - | "(b) Each local unit of administration shall be required to provide all professional157 |
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| 169 | | - | personnel certificated by the Professional Standards Commission 12 clock hours of158 |
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| 170 | | - | in-service or continuing education in each calendar year, or meet requirements of the159 |
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| 171 | | - | Southern Association of Colleges and Schools. Such in-service programs shall be160 |
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| 172 | | - | developed by the local unit of administration in conjunction with such agencies as regional161 |
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| 173 | | - | educational service agencies, colleges and universities, and other appropriate organizations. 162 |
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| 174 | | - | These programs shall be designed to address identified needs determined by appropriate163 |
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| 175 | | - | personnel evaluation instruments. These programs shall also focus on improving the skills164 |
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| 176 | | - | - 7 - 24 LC 49 1921S |
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| 177 | | - | of certificated personnel that directly relate to improving student achievement, as reflected165 |
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| 178 | | - | in the revised certification renewal rules established by the Professional Standards166 |
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| 179 | | - | Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200167 |
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| 180 | | - | regarding the impact of professional learning on student achievement. These programs168 |
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| 181 | | - | shall also include in-service training programs on sexual abuse and assault awareness and169 |
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| 182 | | - | prevention for professional personnel who will be providing instruction in annual170 |
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| 183 | | - | age-appropriate sexual abuse and assault awareness and prevention education in171 |
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| 184 | | - | kindergarten through grade nine pursuant to subsection (b) of Code Section 20-2-143.172 |
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| 185 | | - | Records of attendance shall be maintained by local units of administration and shall be173 |
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| 186 | | - | monitored by appropriate Department of Education staff."174 |
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| 187 | | - | SECTION 2-3.175 |
|---|
| 188 | | - | Said title is further amended in Part 5 of Article 16 of Chapter 2, relating to review of176 |
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| 189 | | - | removal, by revising paragraph (3) of subsection (f) of Code Section 20-2-786, the "Parents'177 |
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| 190 | | - | Bill of Rights," as follows:178 |
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| 191 | | - | "(3)(A) Procedures which comply with the provisions of Code Section 20-2-143 for a179 |
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| 192 | | - | parent to provide revocable written consent for his or her minor child to receive sex180 |
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| 193 | | - | education; and181 |
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| 194 | | - | (B) Procedures for a parent to withdraw or otherwise revoke his or her written consent182 |
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| 195 | | - | for his or her minor child from the school's prescribed course of study in to receive sex183 |
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| 196 | | - | education if the parent provides a written objection to his or her minor child's184 |
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| 197 | | - | participation. Such procedures must provide for a parent to be notified in advance of185 |
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| 198 | | - | such course content so that he or she may withdraw his or her minor child from the186 |
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| 199 | | - | course; and"187 |
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| 200 | | - | - 8 - 24 LC 49 1921S |
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| 201 | | - | PART III188 |
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| 202 | | - | SECTION 3-1.189 |
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| 203 | | - | The General Assembly recognizes there are inherent physical differences between males and190 |
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| 204 | | - | females. The General Assembly further recognizes that decisions regarding the regulation191 |
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| 205 | | - | of sports should be based on promoting integrity and safety. The General Assembly finds192 |
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| 206 | | - | that protecting students from harm and preserving the competitive fairness of sports are193 |
|---|
| 207 | | - | important state interests. It is the intent of the General Assembly to ensure that students have194 |
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| 208 | | - | equal and safe opportunities to succeed in sports.195 |
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| 209 | | - | SECTION 3-2.196 |
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| 210 | | - | Said title is further amended in Part 14 of Article 6 of Chapter 2, relating to other educational197 |
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| 211 | | - | programs under the "Quality Basic Education Act," by revising Code Section 20-2-315,198 |
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| 212 | | - | relating to gender discrimination prohibited, authorized separate gender teams, equal athletic199 |
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| 213 | | - | opportunity, physical education classes, employee designated to monitor compliance,200 |
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| 214 | | - | grievance procedures, and reporting requirements, as follows:201 |
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| 215 | | - | "(a) As used in this Code section, the term:202 |
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| 216 | | - | (1) 'Gender identity' means a person's self-perceived, asserted, or claimed gender203 |
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| 217 | | - | regardless of the person's sex.204 |
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| 218 | | - | (2) 'Multiple occupancy restroom or changing area' means an area in a local school205 |
|---|
| 219 | | - | system, public school, or participating private school building that is designed or206 |
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| 220 | | - | designated to be used by one or more individuals at the same time and in which one or207 |
|---|
| 221 | | - | more individuals may be in various stages of undress in the presence of other individuals.208 |
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| 222 | | - | Such term includes, but shall not be limited to, the following:209 |
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| 223 | | - | (A) Restrooms;210 |
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| 224 | | - | (B) Locker rooms;211 |
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| 225 | | - | (C) Changing rooms; and212 |
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| 226 | | - | - 9 - 24 LC 49 1921S |
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| 227 | | - | (D) Shower facilities.213 |
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| 228 | | - | (3) 'Participating private school' means a private school in this state whose students or214 |
|---|
| 229 | | - | teams compete against students or teams from a public school or local school system in215 |
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| 230 | | - | this state.216 |
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| 231 | | - | (4) 'Sex' means a person's biological sex which shall be recognized solely based on a217 |
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| 232 | | - | person's reproductive biology and genetics at birth. For purposes of this subsection, a218 |
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| 233 | | - | statement of a student's biological sex on the student's official birth certificate shall be219 |
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| 234 | | - | deemed to have correctly stated the student's biological sex at birth if the statement was220 |
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| 235 | | - | included on such birth certificate at or near the time of the student's birth. 'Participating221 |
|---|
| 236 | | - | private school' means a private school in this state whose students or teams compete222 |
|---|
| 237 | | - | against students or teams from a public school or local school system in this state.223 |
|---|
| 238 | | - | (b) No student shall, on the basis of gender sex, be excluded from participation in, be224 |
|---|
| 239 | | - | denied the benefits of, be treated differently from another student, or otherwise be225 |
|---|
| 240 | | - | discriminated against in any interscholastic or intramural athletics offered by a local school226 |
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| 241 | | - | system, and no local school system shall provide any such athletics separately on such227 |
|---|
| 242 | | - | basis.228 |
|---|
| 243 | | - | (b)(c) Notwithstanding the requirements of subsection (a) of this Code section, a A local229 |
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| 244 | | - | school system may operate or sponsor separate teams for members of each gender sex230 |
|---|
| 245 | | - | where selection for such teams is based upon competitive skill, competitive fairness,231 |
|---|
| 246 | | - | student safety, or the activity involved is a contact sport. However, where a local school232 |
|---|
| 247 | | - | system operates or sponsors a team in a particular sport for members of one gender sex but233 |
|---|
| 248 | | - | operates or sponsors no such team for members of the other gender sex, and athletic234 |
|---|
| 249 | | - | opportunities for members of that gender sex in that particular sport have previously been235 |
|---|
| 250 | | - | limited, members of the excluded gender sex must be allowed to try out for the team236 |
|---|
| 251 | | - | offered unless the sport involved is a contact sport. Nothing in this subsection shall be237 |
|---|
| 252 | | - | construed to limit the authority of a local school system to operate or sponsor a single team238 |
|---|
| 253 | | - | for a contact sport that includes members of both genders sexes. As used in this239 |
|---|
| 254 | | - | - 10 - 24 LC 49 1921S |
|---|
| 255 | | - | subsection, the term 'contact sport' includes boxing, wrestling, rugby, ice hockey, football,240 |
|---|
| 256 | | - | basketball, and any other sport the purpose or major activity of which involves bodily241 |
|---|
| 257 | | - | contact.242 |
|---|
| 258 | | - | (c)(d) A local school system which operates or sponsors interscholastic or intramural243 |
|---|
| 259 | | - | athletics shall undertake all reasonable efforts to provide equal athletic opportunity for244 |
|---|
| 260 | | - | members of both genders sexes. In determining whether equal opportunities are available245 |
|---|
| 261 | | - | the following factors shall be considered:246 |
|---|
| 262 | | - | (1) Whether the selection of sports and levels of competition effectively accommodate247 |
|---|
| 263 | | - | the interests and abilities of members of both genders sexes;248 |
|---|
| 264 | | - | (2) The provision of equipment and supplies;249 |
|---|
| 265 | | - | (3) Scheduling of games and practice time;250 |
|---|
| 266 | | - | (4) Travel allowance;251 |
|---|
| 267 | | - | (5) Opportunity to receive coaching and academic tutoring;252 |
|---|
| 268 | | - | (6) Assignment and compensation of coaches and tutors;253 |
|---|
| 269 | | - | (7) Provision of locker rooms and practice and competitive facilities;254 |
|---|
| 270 | | - | (8) Provision of medical and training facilities and services; and255 |
|---|
| 271 | | - | (9) Publicity.256 |
|---|
| 272 | | - | Unequal aggregate expenditures for members of each gender sex or unequal expenditures257 |
|---|
| 273 | | - | for male and female teams if a local school system operates or sponsors separate teams will258 |
|---|
| 274 | | - | not constitute noncompliance with this subsection, but the failure to provide essential funds259 |
|---|
| 275 | | - | for the basic operations of teams for one gender sex may be considered in assessing260 |
|---|
| 276 | | - | equality of opportunity for members of each gender sex. Nothing in Code Section261 |
|---|
| 277 | | - | 20-2-411 shall be construed to limit the authority of a local school system to expend school262 |
|---|
| 278 | | - | tax funds as authorized by Article VIII, Section VI, Paragraph I(b) of the Constitution in263 |
|---|
| 279 | | - | order to comply with the requirements of this Code section.264 |
|---|
| 280 | | - | (d)(e) A local school system may provide separate toilet, locker room, and shower facilities265 |
|---|
| 281 | | - | multiple occupancy restroom or changing areas on the basis of gender sex, but such266 |
|---|
| 282 | | - | - 11 - 24 LC 49 1921S |
|---|
| 283 | | - | facilities shall be comparable to such facilities provided for students of the other gender267 |
|---|
| 284 | | - | sex.268 |
|---|
| 285 | | - | (e)(f) This Code section does not prohibit the grouping of students in physical education269 |
|---|
| 286 | | - | classes by gender sex.270 |
|---|
| 287 | | - | (f)(g)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school271 |
|---|
| 288 | | - | system sponsors an athletic activity or sport at a particular school that is similar to a sport272 |
|---|
| 289 | | - | for which an institution in the University System of Georgia offers an athletic273 |
|---|
| 290 | | - | scholarship, it must sponsor the athletic activity or sport for which a scholarship is274 |
|---|
| 291 | | - | offered at that school. This paragraph does not affect academic requirements for275 |
|---|
| 292 | | - | participation nor prevent the local school system from sponsoring activities in addition276 |
|---|
| 293 | | - | to those for which scholarships are provided.277 |
|---|
| 294 | | - | (2) Two athletic activities or sports that are similar may be offered simultaneously.278 |
|---|
| 295 | | - | (3) If a local school system demonstrates by a bona fide survey of eligible students at the279 |
|---|
| 296 | | - | school, which is approved by the Department of Education for compliance with generally280 |
|---|
| 297 | | - | accepted opinion survey principles regarding neutral wording and other matters, that there281 |
|---|
| 298 | | - | is insufficient interest among students at the school to field a team described in paragraph282 |
|---|
| 299 | | - | (1) of this subsection, then the local school system shall not be required to sponsor such283 |
|---|
| 300 | | - | athletic activity or sport at that school. The exemption provided for by this paragraph284 |
|---|
| 301 | | - | shall be valid for 24 months following the date when the most recent bona fide student285 |
|---|
| 302 | | - | survey demonstrating a lack of student interest was completed, unless a new bona fide286 |
|---|
| 303 | | - | student survey is conducted within the 24 month period that demonstrates sufficient287 |
|---|
| 304 | | - | interest to field a team. If such a new bona fide student survey demonstrates such288 |
|---|
| 305 | | - | sufficient interest, then the local school system must comply with paragraph (1) of this289 |
|---|
| 306 | | - | subsection during the local school system's next fiscal year and until such time as a new290 |
|---|
| 307 | | - | bona fide student survey demonstrates insufficient interest to field a team described in291 |
|---|
| 308 | | - | paragraph (1) of this subsection. A local school system shall conduct the bona fide292 |
|---|
| 309 | | - | student survey described in this paragraph regarding interest in a team described in293 |
|---|
| 310 | | - | - 12 - 24 LC 49 1921S |
|---|
| 311 | | - | paragraph (1) of this subsection upon the request of nine students at the school, but no294 |
|---|
| 312 | | - | more frequently than once every 12 months.295 |
|---|
| 313 | | - | (4) Nothing in this subsection shall be construed to preclude the application of generally296 |
|---|
| 314 | | - | applicable policies or rules regarding the cancellation of an athletic activity or sport due297 |
|---|
| 315 | | - | to lack of student participation in scheduled practices or contests.298 |
|---|
| 316 | | - | (g)(h) Each local school system shall designate at least one employee to coordinate its299 |
|---|
| 317 | | - | efforts to comply with and carry out its responsibilities under this Code section, including300 |
|---|
| 318 | | - | the investigation of any complaint communicated to such local school system alleging its301 |
|---|
| 319 | | - | noncompliance with this Code section. The employee designated under this subsection302 |
|---|
| 320 | | - | may be the same person required to be designated under 34 C.F.R. Section 106.8. The303 |
|---|
| 321 | | - | local school system annually shall notify all its students of the name, office address, and304 |
|---|
| 322 | | - | office telephone number of the employee or employees appointed pursuant to this305 |
|---|
| 323 | | - | subsection. Such notification may be included in a student handbook distributed pursuant306 |
|---|
| 324 | | - | to Code Section 20-2-736.307 |
|---|
| 325 | | - | (h)(i) Each local school system shall adopt and publish grievance procedures providing for308 |
|---|
| 326 | | - | prompt and equitable resolution of written student complaints, including complaints309 |
|---|
| 327 | | - | brought by a parent or guardian on behalf of his or her minor child who is a student,310 |
|---|
| 328 | | - | alleging any action which would be a violation of this Code section. Such procedures shall311 |
|---|
| 329 | | - | require that:312 |
|---|
| 330 | | - | (1) The employee designated under subsection (g)(h) of this Code section shall render313 |
|---|
| 331 | | - | his or her decision in writing no later than 30 days after receipt of the complaint, and such314 |
|---|
| 332 | | - | decision shall set forth the essential facts and rationale for the decision;315 |
|---|
| 333 | | - | (2) A copy of such decision shall be provided to the complainant within five days of the316 |
|---|
| 334 | | - | date of the decision; and317 |
|---|
| 335 | | - | (3) A complainant shall have a right to appeal such decision to the local board within 35318 |
|---|
| 336 | | - | days of the date of the decision.319 |
|---|
| 337 | | - | - 13 - 24 LC 49 1921S |
|---|
| 338 | | - | (i)(j)(1) A complainant may appeal a decision of a local board that is rendered under320 |
|---|
| 339 | | - | subsection (h)(i) of this Code section in accordance with the procedures specified in Code321 |
|---|
| 340 | | - | Section 20-2-1160. If the State Board of Education determines that a local school system322 |
|---|
| 341 | | - | has failed to comply with this Code section, then the state board shall provide the local323 |
|---|
| 342 | | - | school system with opportunities to prepare a corrective plan. If the state board324 |
|---|
| 343 | | - | determines that a corrective plan of the local school system adequately plans and provides325 |
|---|
| 344 | | - | for future compliance with this Code section, then the state board shall approve the plan326 |
|---|
| 345 | | - | and direct the local school system to implement such plan.327 |
|---|
| 346 | | - | (2) If, upon a complaint filed pursuant to subsection (h)(i) of this Code section after one328 |
|---|
| 347 | | - | year following the date of a state board order directing implementation of a corrective329 |
|---|
| 348 | | - | plan pursuant to paragraph (1) of this subsection but within four years of the date of such330 |
|---|
| 349 | | - | order, the state board determines that the local school system which was subject to such331 |
|---|
| 350 | | - | order has willfully failed to comply with this Code section, the state board may, after332 |
|---|
| 351 | | - | consideration of the local school system's efforts to implement the corrective plan333 |
|---|
| 352 | | - | approved in the earlier proceeding and of any other corrective plan that may be submitted334 |
|---|
| 353 | | - | by the local school system, transmit a certification of such determination to the335 |
|---|
| 354 | | - | Department of Community Affairs. If the state board's determination of noncompliance336 |
|---|
| 355 | | - | is later reversed or vacated upon appeal, the state board shall immediately notify the337 |
|---|
| 356 | | - | Department of Community Affairs of such action.338 |
|---|
| 357 | | - | (3) If, upon a complaint filed pursuant to subsection (h)(i) of this Code section after one339 |
|---|
| 358 | | - | year following the date of a state board certification to the Department of Community340 |
|---|
| 359 | | - | Affairs pursuant to paragraph (2) of this subsection but within four years of the date of341 |
|---|
| 360 | | - | such order, the state board determines that the local school system which was subject to342 |
|---|
| 361 | | - | such order has willfully failed to comply with this Code section, the state board may,343 |
|---|
| 362 | | - | after consideration of the local school system's efforts to implement a corrective plan344 |
|---|
| 363 | | - | approved in an earlier proceeding and of any other corrective plan that may be submitted345 |
|---|
| 364 | | - | by the local school system, order that a team or teams within the local school system or346 |
|---|
| 365 | | - | - 14 - 24 LC 49 1921S |
|---|
| 366 | | - | school within the local school system shall not participate in interscholastic postseason347 |
|---|
| 367 | | - | athletic contests and that participation in violation of such an order may result in348 |
|---|
| 368 | | - | withholding of state funds allotted pursuant to Code Section 20-2-186. An order of the349 |
|---|
| 369 | | - | state board barring participation in interscholastic postseason athletic contests shall be350 |
|---|
| 370 | | - | made and announced before the beginning of a school year.351 |
|---|
| 371 | | - | (4) If, upon a complaint filed pursuant to subsection (h)(i) of this Code section after one352 |
|---|
| 372 | | - | year following the date of a state board order prohibiting participation in interscholastic353 |
|---|
| 373 | | - | postseason athletic contests pursuant to paragraph (3) of this subsection but within four354 |
|---|
| 374 | | - | years of the date of such order, the state board determines that the local school system355 |
|---|
| 375 | | - | which was subject to such order has willfully failed to comply with this Code section, the356 |
|---|
| 376 | | - | state board may, after consideration of the local school system's efforts to implement a357 |
|---|
| 377 | | - | corrective plan approved in an earlier proceeding and of any other corrective plan that358 |
|---|
| 378 | | - | may be submitted by the local school system, withhold state funds that are allotted359 |
|---|
| 379 | | - | pursuant to Code Section 20-2-186 in an amount that the state board determines is360 |
|---|
| 380 | | - | sufficient to secure the local school system's compliance with this Code section. In the361 |
|---|
| 381 | | - | event that state funds are withheld pursuant to this paragraph, such funds shall later be362 |
|---|
| 382 | | - | allotted to the local school system at such time as the state board determines that the local363 |
|---|
| 383 | | - | school system is in compliance with this Code section.364 |
|---|
| 384 | | - | (j)(k) The Department of Education may publish an annual report of local school systems365 |
|---|
| 385 | | - | to include information regarding expenditures and participation rates for each gender sex366 |
|---|
| 386 | | - | and such other information as the state board and department deem relevant.367 |
|---|
| 387 | | - | (l)(1) No local school system, public school, or participating private school in this state368 |
|---|
| 388 | | - | shall operate interscholastic athletics that permit a person whose sex is male but whose369 |
|---|
| 389 | | - | gender identity is female to participate in any interscholastic athletics that are designated370 |
|---|
| 390 | | - | for females.371 |
|---|
| 391 | | - | (2)(A) No local school system, public school, or participating private school in this372 |
|---|
| 392 | | - | state shall operate interscholastic athletics that permit a person whose sex is male to use373 |
|---|
| 393 | | - | - 15 - 24 LC 49 1921S |
|---|
| 394 | | - | any multiple occupancy restroom or changing area designated for females in374 |
|---|
| 395 | | - | conjunction with any interscholastic athletics.375 |
|---|
| 396 | | - | (B) No local public school system, local public school, or participating private school376 |
|---|
| 397 | | - | in this state shall operate interscholastic athletics that permit a person whose sex is377 |
|---|
| 398 | | - | female to use any multiple occupancy restroom or changing area designated for males378 |
|---|
| 399 | | - | in conjunction with any interscholastic athletics.379 |
|---|
| 400 | | - | (3) A student who is aggrieved by an alleged violation or anticipated violation of this380 |
|---|
| 401 | | - | subsection or his or her parent or guardian shall have a right to file a grievance complaint381 |
|---|
| 402 | | - | with the employee designated in subsection (h) of this Code section for an immediate382 |
|---|
| 403 | | - | preliminary determination of whether a violation of this subsection exists or is about to383 |
|---|
| 404 | | - | occur. If an alleged violation or anticipated violation is preliminarily determined to have384 |
|---|
| 405 | | - | occurred or is reasonably likely to occur, the employee designated in subsection (h) of385 |
|---|
| 406 | | - | this Code section shall issue a decision immediately and may direct that the alleged386 |
|---|
| 407 | | - | violation or anticipated violation cease and desist pending a final resolution of such387 |
|---|
| 408 | | - | grievance complaint. If a grievance complaint is rejected, the complaining party shall388 |
|---|
| 409 | | - | have the right of an immediate appeal to the local board of education for relief.389 |
|---|
| 410 | | - | (4) In addition to any other rights or remedies otherwise provided by law, any aggrieved390 |
|---|
| 411 | | - | student and any such student's parent or guardian shall have a private right of action to391 |
|---|
| 412 | | - | enforce the provisions of this subsection through injunctive or declaratory relief in the392 |
|---|
| 413 | | - | superior court of the county in which the relevant public school, local school system, or393 |
|---|
| 414 | | - | participating private school is located. If an aggrieved student or such student's parent394 |
|---|
| 415 | | - | or guardian is the prevailing party in such action, the student or student's parent or395 |
|---|
| 416 | | - | guardian shall be entitled to an award of reasonable attorney fees, court costs, and396 |
|---|
| 417 | | - | expenses of litigation, but shall not be entitled to any monetary damages.397 |
|---|
| 418 | | - | (5) Nothing in this Code section shall override any requirements or protections398 |
|---|
| 419 | | - | prescribed in the federal Americans with Disabilities Act, 42 U.S.C. Section 12101, et399 |
|---|
| 420 | | - | seq."400 |
|---|
| 421 | | - | - 16 - 24 LC 49 1921S |
|---|
| 422 | | - | SECTION 3-3.401 |
|---|
| 423 | | - | Said title is further amended in said part by revising paragraph (1) of subsection (b) and402 |
|---|
| 424 | | - | subparagraph (c)(1)(E) of Code Section 20-2-316, relating to involvement of athletic403 |
|---|
| 425 | | - | association in high school athletics, as follows:404 |
|---|
| 426 | | - | "(1) The athletic association shall comply with the requirements of subsections (a)405 |
|---|
| 427 | | - | through (f)(g) of Code Section 20-2-315, as those requirements relate to the athletic406 |
|---|
| 428 | | - | association's functions of organizing, sanctioning, scheduling, or rule making for events407 |
|---|
| 429 | | - | in which public high schools participate;"408 |
|---|
| 430 | | - | "(E) The authority and duties of the executive oversight committee shall include:409 |
|---|
| 431 | | - | (i) To meet in person or remotely not less than twice each school year;410 |
|---|
| 432 | | - | (ii) To meet in person or remotely upon the call of the chairperson or a majority of411 |
|---|
| 433 | | - | the executive oversight committee;412 |
|---|
| 434 | | - | (iii) To establish policies and procedures for the executive oversight committee;413 |
|---|
| 435 | | - | (iv) To conduct any independent audit, review, or investigation the executive414 |
|---|
| 436 | | - | oversight committee deems necessary, including, but not limited to, the audit, review,415 |
|---|
| 437 | | - | or investigation of the classifications of participating schools and travel-related travel416 |
|---|
| 438 | | - | related issues of participating schools; and417 |
|---|
| 439 | | - | (v) If the athletic association determines that it is necessary and appropriate to418 |
|---|
| 440 | | - | prohibit students whose gender is male from participating in athletic events that are419 |
|---|
| 441 | | - | designated for students whose gender is female, then the athletic association may420 |
|---|
| 442 | | - | adopt a policy to that effect; provided, however, that such policy shall be applied to421 |
|---|
| 443 | | - | all of the athletic association's participating public high schools; and422 |
|---|
| 444 | | - | (vi) To conduct an annual evaluation of the athletic association as a whole and423 |
|---|
| 445 | | - | present a report of its findings, recommendations, and conclusions to the General424 |
|---|
| 446 | | - | Assembly's High School Athletics Overview Committee; and"425 |
|---|
| 447 | | - | - 17 - 24 LC 49 1921S |
|---|
| 448 | | - | PART IV426 |
|---|
| 449 | | - | SECTION 4-1.427 |
|---|
| 450 | | - | Said title is further amended in Article 31A of Chapter 2, relating to state charter schools, by428 |
|---|
| 451 | | - | adding a new subsection to Code Section 20-2-2084, relating to petition for charter schools,429 |
|---|
| 452 | | - | requirements of school, governing board membership, annual training, and simultaneous430 |
|---|
| 453 | | - | service prohibited, to read as follows:431 |
|---|
| 454 | | - | "(h)(1) As used in this subsection, the term 'education service provider' means any432 |
|---|
| 455 | | - | organization that contracts with a new or existing charter school to provide services433 |
|---|
| 456 | | - | including, but not limited to, curriculum design, professional development, student434 |
|---|
| 457 | | - | assessments, financial and operational management, facilities management, human435 |
|---|
| 458 | | - | resources management, or employee benefits.436 |
|---|
| 459 | | - | (2) A state charter school may utilize teachers, other instructional staff, and437 |
|---|
| 460 | | - | noninstructional staff who are employees of an education service provider only if the438 |
|---|
| 461 | | - | governing board of such state charter school retains the authority to select and dismiss439 |
|---|
| 462 | | - | such teachers, other instructional staff, and noninstructional staff from service at the state440 |
|---|
| 463 | | - | charter school.441 |
|---|
| 464 | | - | (3) The governing board of a state charter school shall remain responsible and442 |
|---|
| 465 | | - | accountable for all operations, compliance, and performance of any employees of an443 |
|---|
| 466 | | - | education service provider utilized by such state charter school."444 |
|---|
| 467 | | - | PART V445 |
|---|
| 468 | | - | SECTION 5-1.446 |
|---|
| 469 | | - | Said title is further amended in Part 15 of Article 6 of Chapter 2, relating to miscellaneous447 |
|---|
| 470 | | - | provisions under the "Quality Basic Education Act," by adding a new Code section to read448 |
|---|
| 471 | | - | as follows:449 |
|---|
| 472 | | - | - 18 - 24 LC 49 1921S |
|---|
| 473 | | - | "20-2-324.7.450 |
|---|
| 474 | | - | (a) As used in this Code section, the term:451 |
|---|
| 475 | | - | (1) 'Athletic association' means any association of schools or any other similar452 |
|---|
| 476 | | - | organization which acts as an organizing, sanctioning, scheduling, or rule-making body453 |
|---|
| 477 | | - | for interscholastic athletic activities in which public schools in this state participate.454 |
|---|
| 478 | | - | (2) 'Interscholastic athletic activity' means interscholastic athletics and practices and455 |
|---|
| 479 | | - | scrimmages related to interscholastic athletics.456 |
|---|
| 480 | | - | (3) 'Student athlete' means a public school student in grades six through 12 participating457 |
|---|
| 481 | | - | in or desiring to participate in an interscholastic athletic activity.458 |
|---|
| 482 | | - | (b) Each athletic association shall, in consultation with the Department of Behavioral459 |
|---|
| 483 | | - | Health and Developmental Disabilities, develop and post on its public website guidelines460 |
|---|
| 484 | | - | and other relevant materials, including, but not limited to, approved videos or links thereto,461 |
|---|
| 485 | | - | to inform and educate student athletes, their parents or guardians, school personnel, and462 |
|---|
| 486 | | - | coaches about suicide risk and prevention for student athletes and raising awareness of463 |
|---|
| 487 | | - | suicide risk and prevention resources available to student athletes. In developing such464 |
|---|
| 488 | | - | guidelines and materials, an athletic association may utilize educational videos available465 |
|---|
| 489 | | - | at no cost to the state for the purpose of educating school personnel and coaches.466 |
|---|
| 490 | | - | (c) Each public school which includes one or more grades from grades six through 12 shall467 |
|---|
| 491 | | - | provide information to each student athlete's parent or guardian at least once each school468 |
|---|
| 492 | | - | year regarding suicide risk and prevention for student athletes and to raise awareness of469 |
|---|
| 493 | | - | suicide risk and prevention resources available to student athletes.470 |
|---|
| 494 | | - | (d)(1) Once each school year, each coach of an interscholastic athletic activity shall471 |
|---|
| 495 | | - | review the guidelines and other relevant materials, including, but not limited to, videos,472 |
|---|
| 496 | | - | approved by each athletic association of which the coach's school is a member pursuant473 |
|---|
| 497 | | - | to subsection (b) of this Code section.474 |
|---|
| 498 | | - | (2) A coach shall not be eligible to coach an interscholastic athletic activity until he or475 |
|---|
| 499 | | - | she completes the requirements contained in this subsection."476 |
|---|
| 500 | | - | - 19 - 24 LC 49 1921S |
|---|
| 501 | | - | PART VI477 |
|---|
| 502 | | - | SECTION 6-1.478 |
|---|
| 503 | | - | All laws and parts of laws in conflict with this Act are repealed.479 |
|---|
| 504 | | - | - 20 - |
|---|
| 17 | + | To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the |
|---|
| 18 | + | 1 |
|---|
| 19 | + | "Quality Basic Education Act," so as to address mental health risks for student athletes; to2 |
|---|
| 20 | + | provide for guidelines and other relevant materials to inform and educate public school and3 |
|---|
| 21 | + | participating private school student athletes, their parents or guardians, school personnel, and4 |
|---|
| 22 | + | coaches about mental health risks for student athletes and raising awareness of mental health5 |
|---|
| 23 | + | resources available to student athletes; to provide for definitions; to require annual review6 |
|---|
| 24 | + | by coaches; to provide for limited liability; to encourage additional implementation; to7 |
|---|
| 25 | + | provide for related matters; to repeal conflicting laws; and for other purposes.8 |
|---|
| 26 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
|---|
| 27 | + | SECTION 1.10 |
|---|
| 28 | + | Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality11 |
|---|
| 29 | + | Basic Education Act," is amended in Part 15, relating to miscellaneous provisions, by adding12 |
|---|
| 30 | + | a new Code section to read as follows:13 |
|---|
| 31 | + | "20-2-324.7. |
|---|
| 32 | + | 14 |
|---|
| 33 | + | (a) As used in this Code section, the term:15 |
|---|
| 34 | + | H. B. 1104 (SUB) |
|---|
| 35 | + | - 1 - 24 LC 49 1851S |
|---|
| 36 | + | (1) 'Athletic association' means any association of schools or any other similar16 |
|---|
| 37 | + | organization which acts as an organizing, sanctioning, scheduling, or rule-making body17 |
|---|
| 38 | + | for interscholastic athletic activities in which public schools and participating private18 |
|---|
| 39 | + | schools in this state participate.19 |
|---|
| 40 | + | (2) 'Healthcare provider' means a licensed physician, another licensed individual under20 |
|---|
| 41 | + | the supervision of a licensed physician, licensed psychiatrist, licensed psychologist,21 |
|---|
| 42 | + | licensed clinical social worker, licensed professional counselor, clinical nurse specialist22 |
|---|
| 43 | + | in psychiatric/mental health, or other licensed mental or behavioral health clinician or23 |
|---|
| 44 | + | specialist who has received training on screening school-age children for mental health24 |
|---|
| 45 | + | risks.25 |
|---|
| 46 | + | (3) 'Interscholastic athletic activity' means interscholastic athletics and practices and26 |
|---|
| 47 | + | scrimmages related to interscholastic athletics.27 |
|---|
| 48 | + | (4) 'Participating private school' means a private school in this state whose students or28 |
|---|
| 49 | + | teams compete against students or teams from a public school or local school system in29 |
|---|
| 50 | + | this state.30 |
|---|
| 51 | + | (5) 'Student athlete' means a public school or participating private school student in31 |
|---|
| 52 | + | grades six through 12 participating in or desiring to participate in an interscholastic32 |
|---|
| 53 | + | athletic activity.33 |
|---|
| 54 | + | (b) Each athletic association shall, in consultation with the Department of Behavioral34 |
|---|
| 55 | + | Health and Developmental Disabilities, develop and post on its public website guidelines35 |
|---|
| 56 | + | and other relevant materials, including, but not limited to, approved videos or links thereto,36 |
|---|
| 57 | + | to inform and educate student athletes, their parents or guardians, school personnel, and37 |
|---|
| 58 | + | coaches about mental health risks for student athletes and raising awareness of mental38 |
|---|
| 59 | + | health resources available to student athletes. In developing such guidelines and materials,39 |
|---|
| 60 | + | an athletic association may utilize educational videos available at no cost to the state for40 |
|---|
| 61 | + | the purpose of educating school personnel and coaches.41 |
|---|
| 62 | + | H. B. 1104 (SUB) |
|---|
| 63 | + | - 2 - 24 LC 49 1851S |
|---|
| 64 | + | (c) Each public school and participating private school which includes one or more grades42 |
|---|
| 65 | + | from grades six through 12 shall provide information to each student athlete's parent or43 |
|---|
| 66 | + | guardian at least once each school year regarding mental health risks for student athletes44 |
|---|
| 67 | + | and to raise awareness of mental health resources available to student athletes.45 |
|---|
| 68 | + | (d)(1) Once each school year, each coach of an interscholastic athletic activity shall46 |
|---|
| 69 | + | review the guidelines and other relevant materials, including, but not limited to, videos,47 |
|---|
| 70 | + | approved by each athletic association of which the coach's school is a member pursuant48 |
|---|
| 71 | + | to subsection (b) of this Code section.49 |
|---|
| 72 | + | (2) A coach shall not be eligible to coach an interscholastic athletic activity until he or50 |
|---|
| 73 | + | she completes the requirements contained in this subsection.51 |
|---|
| 74 | + | (e) This Code section shall not create any liability for, or create a cause of action against,52 |
|---|
| 75 | + | a local board of education or other governing body of a public school or participating53 |
|---|
| 76 | + | private school or the officers, employees, or volunteers of any such entities for any act or54 |
|---|
| 77 | + | omission related to the removal or nonremoval of a student athlete participating in an55 |
|---|
| 78 | + | interscholastic athletic activity in conjunction with an actual or perceived risk to the mental56 |
|---|
| 79 | + | health of such student athlete or another student athlete; provided, however, that this57 |
|---|
| 80 | + | subsection shall not include healthcare providers unless they are acting in a volunteer58 |
|---|
| 81 | + | capacity.59 |
|---|
| 82 | + | (f) The sponsors of youth athletic activities, as defined in subsection (a) of Code Section60 |
|---|
| 83 | + | 20-2-324.1, are encouraged to implement the provisions of this Code section."61 |
|---|
| 84 | + | SECTION 2.62 |
|---|
| 85 | + | All laws and parts of laws in conflict with this Act are repealed.63 |
|---|
| 86 | + | H. B. 1104 (SUB) |
|---|
| 87 | + | - 3 - |
|---|