23 LC 49 1324
H. B. 506
- 1 -
House Bill 506
By: Representatives Ehrhart of the 36
th
, Erwin of the 32
nd
, Jasperse of the 11
th
, Knight of the
134
th
, and Dubnik of the 29
th
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
1
provide for the recognition of certain accrediting agencies as reliable authorities as to the2
quality of education offered in public secondary schools in this state; to provide for the3
accreditation of public secondary schools and local school systems by recognized accrediting4
agencies; to provide for requirements for such accreditation; to prohibit the recognition of5
certain accrediting agencies by the state and others; to require the State Board of Education6
to establish assessment criteria, procedures, and other requirements for recognized7
accrediting agencies; to provide for accreditation of public elementary and middle schools8
exclusively by the Department of Education, subject to certain conditions and limitations;9
to provide for appeals to the State Board of Education; to establish the Georgia Commission10
for Educational Accreditation; to provide for membership, meetings, and duties of such11
commission; to provide for allowances and reimbursements; to provide for the commission12
to receive and expend funds; to provide for an executive director and other personnel to be13
appointed by the commission and be subject to applicable laws governing public14
employment; to provide for the commission to enter into contracts; to provide for staggered15
implementation beginning with the 2024-2025 school year for all secondary schools and16
local school systems which receive state funding to acquire and maintain accreditation by the17
commission; to provide for legislative findings and intent; to provide for definitions; to18 23 LC 49 1324
H. B. 506
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provide for applicability; to provide for construction; to provide for an effective date; to
19
provide for related matters; to repeal conflicting laws; and for other purposes.20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:21
SECTION 1.22
The General Assembly does not affirmatively require any public elementary or secondary23
school or school system in the state to be accredited. Nevertheless, the General Assembly24
finds that accreditation, or the lack thereof, can have significant impacts on schools in this25
state as well as on the students and families served by such schools. For example, a lack of26
accreditation can impact a student's eligibility to qualify for HOPE awards or to be27
considered for acceptance to postsecondary educational institutions in this state and28
elsewhere, and the loss or potential loss of accreditation can result in the removal of local29
board of education members from their offices. The General Assembly finds that even30
though accreditation is not legislatively required in elementary and secondary schools in this31
state, high school accreditation is considered a practical necessity by many families, schools,32
and school systems. The General Assembly also finds that accreditation agencies, when33
properly focused, can aid schools and school systems in promoting improved quality of34
learning by students and financial efficiency. It is the intent of the General Assembly that35
the state government, including all offices, agencies, departments, boards, bureaus,36
commissions, institutions, or other entities thereof, recognize only those accrediting agencies37
which are focused on the assessment of quality of learning by students in public schools and38
financial efficiency of public schools.39 23 LC 49 1324
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SECTION 2.
40
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in41
Part 7 of Article 7 of Chapter 3, relating to HOPE scholarships and grants, by revising42
paragraph (6) of Code Section 20-3-519, relating to definitions, as follows:43
"(6) 'Eligible high school' means a public or private secondary school which is:44
(A) Located in Georgia and accredited as such by a recognized accrediting agency, as
45
such term is defined in Code Section 20-14-96, or the Georgia Commission for46
Educational Accreditation, as provided for in 20-14-98:47
(i) The Southern Association of Colleges and Schools;48
(ii) The Georgia Accrediting Commission;49
(iii) The Georgia Association of Christian Schools;50
(iv) The Association of Christian Schools International;51
(v) The Georgia Private School Accreditation Council;52
(vi) The Southern Association of Independent Schools; or53
(vii) The Georgia Independent School Association;54
provided, however, that between July 1, 2013, and June 30, 2015, if a high school55
located in Georgia was accredited by one of the accrediting agencies included in this56
subparagraph within the previous two years, such high school shall be considered an57
eligible high school for purposes of this subparagraph; or58
(B) Located in another state and accredited by one of the following regional agencies:59
(i) The Southern Association of Colleges and Schools;60
(ii) The New England Association of Schools and Colleges;61
(iii) The Middle States Association of Colleges and Schools;62
(iv) The North Central Association of Colleges and Schools;63
(v) The Northwestern Association of Schools and Colleges;64
(vi) The Western Association of Schools and Colleges;65
(vii) The Alabama Independent School Association; or66 23 LC 49 1324
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(viii) The Southern Association of Independent Schools."
67
SECTION 3.68
Said title is further amended in Chapter 14, relating to education accountability, by adding69
a new article to read as follows:70
"ARTICLE 3
71
20-14-96.72
(a) As used in this article, the term:73
(1) 'Accrediting agency' means a governmental organization or a person, firm,74
association, partnership, corporation, or other entity, whether for profit or not for profit,75
which purports to be a reliable authority as to the quality of education offered in76
secondary schools in this state.77
(2) 'Commission' means Georgia Commission for Educational Accreditation.78
(3) 'Recognized accrediting agency' means an accrediting agency that meets the79
requirements of this part for recognition as a reliable authority as to the quality of80
education offered in public secondary schools in this state by any office, agency,81
department, board, bureau, commission, institution, or other entity of the state82
government.83
(4) 'Secondary school' means any school that enrolls students in grades nine through 12.84
(b) No accrediting agency shall be recognized as a reliable authority as to the quality of85
education offered in public secondary schools in this state by any office, agency,86
department, board, bureau, commission, institution, or other entity of the state government,87
including, but not limited to, the State Board of Education, the Board of Regents of the88
University System of Georgia, the State Board of the Technical College System of Georgia,89 23 LC 49 1324
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the Georgia Student Finance Authority, the Georgia Student Finance Commission, or the90
Office of Student Achievement, unless:91
(1) Such agency meets assessment criteria that shall be established by the State Board92
of Education pursuant to this part and shall include:93
(A) Consideration of the relevant assessment criteria used by regional and national94
accrediting agencies and other relevant information as deemed appropriate by the State95
Board of Education;96
(B) Rigorous and appropriate measures of the quality of learning by students in97
secondary schools or school systems which shall:98
(i) Be based on data that include, but are not limited to, student achievement,99
achievement gap closure, and student progress;100
(ii) Include all students regardless of ethnicity, sex, disability, language proficiency,101
and socioeconomic status;102
(iii) Be disaggregated by all subgroups as required under the federal Elementary and103
Secondary Education Act, as amended; and104
(iv) Comprise the equivalent of 80 percent of the overall accreditation assessment105
conducted by the accrediting agency for a public secondary school or school system;106
and107
(C) Rigorous and appropriate measures of the financial efficiency of a public108
secondary school or school system and shall:109
(i) Include an analysis of how federal and state funds spent by the public secondary110
school or school system impact student achievement, achievement gap closure, and111
student progress; and112
(ii) Comprise the equivalent of 20 percent of the overall accreditation assessment113
conducted by the accrediting agency for a public secondary school or school system;114
(2) Such agency demonstrates the ability and the experience to operate as a recognized115
accrediting agency in this state;116 23 LC 49 1324
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(3) The principal purpose of such agency is the accreditation of public secondary schools117
and schools systems in this state;118
(4) Such agency has a voluntary membership of public secondary schools, school119
systems, and programs;120
(5) Such agency consistently applies and enforces assessment criteria that ensure the121
courses or programs of instruction, training, or study offered by a public secondary122
school or school system, including virtual instruction, are of sufficient quality to achieve,123
for the duration of the accreditation period, the stated objective for which the courses or124
programs are offered;125
(6) Such agency consistently adheres to procedures throughout the accreditation process,126
including assessment and withdrawal procedures, that comply with due process,127
including:128
(A) Adequate specification of requirements and deficiencies at the public secondary129
school or school system being assessed; provided, however, that all requirements or130
deficiencies specified by such agency are directly related to measures of quality of131
learning by students or financial efficiency or both; provided, further, that any findings,132
comments, or notes included in an assessment that are not directly related to quality of133
learning by students or financial efficiency shall not provide the basis for any adverse134
action against a public secondary school or school system by such agency, including,135
but not limited to, denial, withdrawal suspension, or termination of accreditation or136
placement of a public secondary school or school system on any probationary status;137
(B) Notice of an opportunity for a hearing by a public secondary school or school138
system;139
(C) The right to appeal any adverse action against a public secondary school or school140
system; and141
(D) The right to representation by counsel for a public secondary school or school142
system;143 23 LC 49 1324
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(7) Such agency notifies the State School Superintendent within 30 days of the144
accreditation of a public secondary school or school system or of any final denial,145
withdrawal, suspension, or termination of accreditation or placement on probation of a146
public secondary school or school system, together with any other adverse or remedial147
action recommended with respect to such secondary school or school system;148
(8) Such agency, either directly or indirectly by means of a related entity, by contract or149
otherwise, does not offer or agree to provide any services or materials for a fee or other150
consideration intended to assist a public secondary school or school system with151
addressing any requirement or deficiency or other issue raised by such agency during the152
course of its assessment of such secondary school or school system; and153
(9) Such agency makes available to the public and the State School Superintendent, upon154
request:155
(A) A summary of any assessment resulting in a final decision involving the approval,156
denial, termination, suspension, or probation of a public secondary school or school157
system's accreditation, together with the comments of such secondary school or school158
system; and159
(B) A copy of any complaint or report upon which such agency initiates, or provides160
notice to a public secondary school or school system of the intent to initiate, any161
intervention, investigation, or assessment of such secondary school or school system's162
accreditation status; provided, however, that personally identifiable information of the163
person, persons, or entity that submitted the complaint or report may be redacted to the164
extent necessary to comply with the confidentiality protections provided under Code165
Section 45-1-4 or other applicable law relating to the confidentiality of complaints166
against organizations that receive public funds.167
(c)(1) An accrediting agency shall not apply any standards, measures, or assessment168
criteria to any school or school system that advocate for divisive concepts, as such term169
is defined in Code Section 20-1-11.170 23 LC 49 1324
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(2) The State Board of Education shall be authorized to determine whether an accrediting171
agency is not in compliance with the provisions of paragraph (1) of this subsection. The172
State Board of Education shall notify such accrediting agency upon making such173
determination and shall allow no more than 30 days for such accrediting agency to174
demonstrate compliance with such provisions.175
(d) This Code section shall apply to any initial or renewal agreement by and between any176
public secondary school or school system in this state and any accrediting agency entered177
into on or after July 1, 2023.178
(e) Nothing in this Code section shall be construed to:179
(1) Require any public school or school system in this state to be accredited; or180
(2) Prohibit or restrict an accrediting agency from adopting assessment criteria and181
procedures not provided for in this Code section; provided, however, that to the extent182
an accrediting agency adopts assessment criteria or procedures which are inconsistent183
with the provisions of this Code section, such accrediting agency may not be deemed a184
recognized accrediting agency.185
20-14-97.186
(a) Upon request by a local board of education, the State Board of Education shall be187
authorized to provide accreditation and related services for such local board's elementary188
and middle schools to assess the quality of learning by students in such schools and the189
financial efficiency of such schools. The State Board of Education shall adopt rigorous and190
appropriate criteria for accreditation upon consideration of the relevant assessment criteria191
used by regional and national accrediting agencies, the assessment criteria it adopted192
pursuant to Code Section 20-14-96, and other relevant information it deems appropriate.193
(b) The local board of education shall compensate the State Board of Education for the194
actual costs of the accreditation process.195 23 LC 49 1324
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(c) No office, agency, department, board, bureau, commission, institution, or other entity196
of the state government, including, but not limited to, the State Board of Education, the197
Board of Regents of the University System of Georgia, the State Board of the Technical198
College System of Georgia, the Georgia Student Finance Authority, the Georgia Student199
Finance Commission, or the Office of Student Achievement, shall recognize the200
accreditation of any public elementary or middle school except as administered by the State201
Board of Education.202
20-14-98.203
(a) There is established the Georgia Commission for Educational Accreditation.204
(b) The commission shall consist of 12 members as follows:205
(1) Three members appointed by the Governor;206
(2) Four members appointed by the President of the Senate, with at least one such207
member representing the minority caucus of the Senate at the time of appointment;208
(3) Four members appointed by the Speaker of the House of Representatives, with at209
least one such member representing the minority caucus of the House of Representatives210
at the time of appointment; and211
(4) One non-voting member appointed by the Supreme Court of Georgia to serve as212
chairperson of the commission.213
(c) The Governor, the Lieutenant Governor, and the State School Superintendent shall not214
be members of the commission215
(d) The initial members of the commission appointed under this part shall hold office as216
follows: five members, comprising one appointee of the Governor, two appointees of the217
Senate, and two appointees of the House of Representatives shall serve for seven years; six218
members, comprising two appointees of the Governor, two appointees of the Senate, and219
two appointees of the House of Representatives shall serve for three years; and the220
chairperson shall serve for seven years. All such terms shall date from July 1, 2023.221 23 LC 49 1324
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Successors to the member so appointed shall hold terms of office of seven years from the222
expiration of the previous term. All members of the commission shall hold office until their223
successors are appointed and qualified. In the event of a vacancy on the commission by224
death, resignation, removal, or any reason other than the expiration of a member's term,225
such vacancy shall be filled in the same manner as the original appointment and the226
successor shall serve for the unexpired term.227
(e) Membership on the commission shall not constitute public office, and no member shall228
be disqualified from holding public office by reason of his or her membership on the229
commission, except as otherwise provided in subsection (c) of this Code section.230
(f) The commission may appoint such committees as it considers appropriate.231
(g) The commission shall:232
(1) Meet at such times and places as it shall determine necessary or convenient to233
perform its duties and also upon the call of the chairperson of the commission or upon the234
call of a majority of the members;235
(2) Maintain minutes of its meetings;236
(3) Promulgate policies, rules, and regulations for the operation of the commission and237
the lawful discharge of its duties;238
(4) Promulgate assessment criteria and procedures for the accreditation of secondary239
schools and local school systems in this state which meet the requirements to be a240
recognized accrediting agency pursuant to Code Section 20-14-96;241
(5) Appoint an executive director and such other personnel as are necessary for the242
commission to perform its duties under this part upon the recommendation of the243
executive director; and244
(6) Comply with all laws relating to open meetings, as provided for in Chapter 14 of245
Title 50; the inspection of public records, as provided for in Article 4 of Chapter 18 of246
Title 50; and records management, as provided in Article 5 of Chapter 18 of Title 50.247 23 LC 49 1324
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(h)(1) The legislative members of the commission shall receive the allowances provided248
for in Code Section 28-1-8 of the Official Code of Georgia Annotated.249
(2) Members of the commission who are state officials, other than legislative members,250
or state employees shall receive no compensation for their services on the commission,251
but they shall be reimbursed for expenses incurred by them in the performance of their252
duties as members of the commission in the same amount as they are reimbursed for253
expenses in their capacities as state officials or employees.254
(3) Members of the commission who are not legislators, state officials, or state255
employees shall receive a daily expense allowance in an amount the same as that256
specified in subsection (b) of Code Section 45-7-21, as well as the mileage or257
transportation allowance authorized for state employees.258
(i)(1) Funds necessary to carry out the provisions of this part shall come from funds259
appropriated by the General Assembly or such other funds duly collected or received by260
the commission, including, but not limited to fees paid by schools and school systems261
seeking accreditation by the commission.262
(2) The commission is authorized to accept and expend or otherwise utilize such funds263
as may be appropriated from time to time by the General Assembly; income from the264
operations of the commission; and gifts, contributions of money, property, facilities,265
services, donations, bequests, and appropriations from the State of Georgia or any266
agency, instrumentality, or political subdivision thereof; or from any individual or267
corporation; or from the United States of America or any agency or instrumentality268
thereof; provided, however, that no such gift, contribution, donation, bequest, or269
appropriation shall be accepted if such acceptance would create or involve a conflict of270
interest for the commission, as determined by a majority of the commission.271
(j) The chief administrative and executive officer of the commission shall be the executive272
director, who shall be appointed by the commission. Subject to the general policy273
established by the commission, the executive director shall be responsible for the274 23 LC 49 1324
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performance and exercise of the duties, responsibilities, functions, powers, and authority275
imposed upon the executive director and the commission as provided by law. The276
executive director shall receive a salary to be determined by the commission, which shall277
be commensurate with the executive director's relevant training and experience.278
(k) The executive director shall have the authority to employ all personnel of the279
commission, including the inspector general of schools, subject to the provisions of this280
part and all applicable provisions of other laws governing public employment.281
(l) The commission may adopt a seal for its use and shall be authorized to enter into282
contracts to fulfill its duties under this part.283
(m) The commission shall be assigned for administrative purposes only, as that term is284
defined in Code Section 50-4-3, to the Department of Audits and Accounts.285
(n) The Education Coordinating Council and its member agencies, the Office of Student286
Achievement, and the departments, boards, and offices of this state shall cooperate fully287
with the commission and shall provide the commission with all information that the288
commission deems necessary for the commission to discharge its accreditation and related289
duties under this part.290
20-14-99.291
(a) Beginning with the 2024-2025 school year, and each school year thereafter, each292
secondary school and local school system in this state which receives any state funds293
pursuant to this title shall be required to acquire and maintain accreditation by the294
commission upon the expiration or termination of such secondary school's or local school295
system's existing agreement with an accrediting agency; provided, however, that such296
existing agreement was executed on or before January 1, 2023.297
(b) Local boards of education and secondary schools that seek to acquire and maintain298
accreditation by the commission shall compensate the commission for the actual costs of299
the accreditation process.300 23 LC 49 1324
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(c) Nothing in this Code section shall be construed to prohibit a secondary school or local301
school system covered by subsection (a) of this Code section from acquiring and302
maintaining accreditation from one or more other recognized accrediting agencies.303
20-14-100.304
(a) In the event of a dispute between an accrediting agency and a public secondary school305
or school system regarding the findings and recommendations of an assessment by the306
accrediting agency of such public secondary school or school system, the public secondary307
school or school system shall have the right to appeal as follows:308
(1) The public secondary school or school system may appeal the findings and309
recommendations within 70 days to an accreditation committee established by the State310
Board of Education for such appeal, and may provide evidence in support of such appeal.311
The accrediting agency's findings and recommendations which are the subject of such312
appeal shall be suspended from public access or disclosure during the pendency of such313
appeal and any mediation or appeal following therefrom;314
(2) The accreditation committee shall work with both the accrediting agency and the315
appealing public secondary school or school system to seek a resolution; and316
(3) Should the parties fail to agree to a resolution, the appealing public secondary school317
or school system shall have the right to submit the dispute to mediation under the318
provisions of Chapter 17 of Title 9, relating to the Georgia Uniform Mediation Act. The319
public secondary school or school system and the accrediting agency shall be the parties320
to such mediation. The accrediting agency shall be responsible for the costs of such321
mediation.322
(b) Notwithstanding any other provision of law to the contrary, a mediator's decision323
rendered pursuant to subsection (a) of this Code section may be appealed by either party324
to the State Board of Education, the findings and conclusions of which shall be binding on325
the parties.326 23 LC 49 1324
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(c) Failure by an accrediting agency to comply without appeal to a decision under327
subsection (a) of this Code section or failure to comply with a ruling under subsection (b)328
of this Code section shall disqualify such agency from accrediting public secondary schools329
or school systems in this state. The accreditation committee shall be granted the authority330
by the State Board of Education to:331
(1) Create general accreditation standards applicable to all parties before it; and332
(2) Grant accreditation directly to a public secondary school or school system appealing333
under the provisions of this Code section.334
(d) Failure of a public secondary school or school system to comply with a final ruling of335
the State Board of Education shall cause such public secondary school or school system to336
be placed on probationary accreditation status until compliance is achieved."337
SECTION 4.338
This Act shall become effective upon its approval by the Governor or upon its becoming law339
without such approval.340
SECTION 5.341
All laws and parts of laws in conflict with this Act are repealed.342