23 LC 49 1396S
H. B. 506 (SUB)
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The House Committee on Education offers the following substitute to HB 506:
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1
provide for 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 provide for legislative findings and10
intent; to provide for definitions; to provide for applicability; to provide for construction; to11
provide for an effective date; to provide for related matters; to repeal conflicting laws; and12
for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 23 LC 49 1396S
H. B. 506 (SUB)
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SECTION 1.15
The General Assembly does not affirmatively require any public elementary or secondary16
school or school system in the state to be accredited. Nevertheless, the General Assembly17
finds that accreditation, or the lack thereof, can have significant impacts on schools in this18
state as well as on the students and families served by such schools. For example, a lack of19
accreditation can impact a student's eligibility to qualify for HOPE awards or to be20
considered for acceptance to postsecondary educational institutions in this state and21
elsewhere, and the loss or potential loss of accreditation can result in the removal of local22
board of education members from their offices. The General Assembly finds that even23
though accreditation is not legislatively required in elementary and secondary schools in this24
state, high school accreditation is considered a practical necessity by many families, schools,25
and school systems. The General Assembly also finds that accreditation agencies, when26
properly focused, can aid schools and school systems in promoting improved quality of27
learning by students and financial efficiency. It is the intent of the General Assembly that28
the state government, including all offices, agencies, departments, boards, bureaus,29
commissions, institutions, or other entities thereof, recognize only those accrediting agencies30
which are focused on the assessment of quality of learning by students in public schools and31
financial efficiency of public schools.32
SECTION 2.33
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in34
Part 7 of Article 7 of Chapter 3, relating to HOPE scholarships and grants, by revising35
paragraph (6) of Code Section 20-3-519, relating to definitions, as follows:36
"(6) 'Eligible high school' means a public or private secondary school which is:37
(A) Located in Georgia and accredited as such by a recognized accrediting agency, as38
such term is defined in Code Section 20-14-96:39
(i) The Southern Association of Colleges and Schools;40 23 LC 49 1396S
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(ii) The Georgia Accrediting Commission;41
(iii) The Georgia Association of Christian Schools;42
(iv) The Association of Christian Schools International;43
(v) The Georgia Private School Accreditation Council;44
(vi) The Southern Association of Independent Schools; or45
(vii) The Georgia Independent School Association;46
provided, however, that between July 1, 2013, and June 30, 2015, if a high school47
located in Georgia was accredited by one of the accrediting agencies included in this48
subparagraph within the previous two years, such high school shall be considered an49
eligible high school for purposes of this subparagraph; or50
(B) Located in another state and accredited by one of the following regional agencies:51
(i) The Southern Association of Colleges and Schools;52
(ii) The New England Association of Schools and Colleges;53
(iii) The Middle States Association of Colleges and Schools;54
(iv) The North Central Association of Colleges and Schools;55
(v) The Northwestern Association of Schools and Colleges;56
(vi) The Western Association of Schools and Colleges;57
(vii) The Alabama Independent School Association; or58
(viii) The Southern Association of Independent Schools."59
SECTION 3.60
Said title is further amended in Chapter 14, relating to education accountability, by adding61
a new article to read as follows:62 23 LC 49 1396S
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"ARTICLE 363
20-14-96.64
(a) As used in this article, the term:65
(1) 'Accrediting agency' means a governmental organization or a person, firm,66
association, partnership, corporation, or other entity, whether for profit or not for profit,67
which purports to be a reliable authority as to the quality of education offered in68
secondary schools in this state.69
(2) 'Recognized accrediting agency' means an accrediting agency that meets the70
requirements of this part for recognition as a reliable authority as to the quality of71
education offered in public secondary schools in this state by any office, agency,72
department, board, bureau, commission, institution, or other entity of the state73
government.74
(3) 'Secondary school' means any school that enrolls students in grades nine through 12.75
(b) No accrediting agency shall be recognized as a reliable authority as to the quality of76
education offered in public secondary schools in this state by any office, agency,77
department, board, bureau, commission, institution, or other entity of the state government,78
including, but not limited to, the State Board of Education, the Board of Regents of the79
University System of Georgia, the State Board of the Technical College System of Georgia,80
the Georgia Student Finance Authority, the Georgia Student Finance Commission, or the81
Office of Student Achievement, unless:82
(1) Such agency meets assessment criteria that shall be established by the State Board83
of Education pursuant to this part and shall include:84
(A) Consideration of the relevant assessment criteria used by regional and national85
accrediting agencies and other relevant information as deemed appropriate by the State86
Board of Education;87 23 LC 49 1396S
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(B) Rigorous and appropriate measures of the quality of learning by students in88
secondary schools or school systems which shall:89
(i) Be based on data that include, but are not limited to, student achievement,90
achievement gap closure, and student progress;91
(ii) Include all students regardless of ethnicity, sex, disability, language proficiency,92
and socioeconomic status;93
(iii) Be disaggregated by all subgroups as required under the federal Elementary and94
Secondary Education Act, as amended; and95
(iv) Comprise the equivalent of 65 percent of the overall accreditation assessment96
conducted by the accrediting agency for a public secondary school or school system;97
and98
(C) Rigorous and appropriate measures of the financial efficiency of a public99
secondary school or school system and shall:100
(i) Include an analysis of how federal and state funds spent by the public secondary101
school or school system impact student achievement, achievement gap closure, and102
student progress; and103
(ii) Comprise the equivalent of 35 percent of the overall accreditation assessment104
conducted by the accrediting agency for a public secondary school or school system;105
(2) Such agency demonstrates the ability and the experience to operate as a recognized106
accrediting agency in this state;107
(3) The principal purpose of such agency is the accreditation of public secondary schools108
and schools systems in this state;109
(4) Such agency has a voluntary membership of public secondary schools, school110
systems, and programs;111
(5) Such agency consistently applies and enforces assessment criteria that ensure the112
courses or programs of instruction, training, or study offered by a public secondary113
school or school system, including virtual instruction, are of sufficient quality to achieve,114 23 LC 49 1396S
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for the duration of the accreditation period, the stated objective for which the courses or115
programs are offered;116
(6) Such agency consistently adheres to procedures throughout the accreditation process,117
including assessment and withdrawal procedures, that comply with due process,118
including:119
(A) Adequate specification of requirements and deficiencies at the public secondary120
school or school system being assessed; provided, however, that all requirements or121
deficiencies specified by such agency are directly related to measures of quality of122
learning by students or financial efficiency or both; provided, further, that any findings,123
comments, or notes included in an assessment that are not directly related to quality of124
learning by students or financial efficiency shall not provide the basis for any adverse125
action against a public secondary school or school system by such agency, including,126
but not limited to, denial, withdrawal suspension, or termination of accreditation or127
placement of a public secondary school or school system on any probationary status;128
(B) Notice of an opportunity for a hearing by a public secondary school or school129
system;130
(C) The right to appeal any adverse action against a public secondary school or school131
system; and132
(D) The right to representation by counsel for a public secondary school or school133
system;134
(7) Such agency notifies the State School Superintendent within 30 days of the135
accreditation of a public secondary school or school system or of any final denial,136
withdrawal, suspension, or termination of accreditation or placement on probation of a137
public secondary school or school system, together with any other adverse or remedial138
action recommended with respect to such secondary school or school system;139
(8) Such agency, either directly or indirectly by means of a related entity, by contract or140
otherwise, does not offer or agree to provide any services or materials for a fee or other141 23 LC 49 1396S
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consideration intended to assist a public secondary school or school system with142
addressing any requirement or deficiency or other issue raised by such agency during the143
course of its assessment of such secondary school or school system; and144
(9) Such agency makes available to the public and the State School Superintendent, upon145
request:146
(A) A summary of any assessment resulting in a final decision involving the approval,147
denial, termination, suspension, or probation of a public secondary school or school148
system's accreditation, together with the comments of such secondary school or school149
system; and150
(B) A copy of any complaint or report upon which such agency initiates, or provides151
notice to a public secondary school or school system of the intent to initiate, any152
intervention, investigation, or assessment of such secondary school or school system's153
accreditation status; provided, however, that personally identifiable information of the154
person, persons, or entity that submitted the complaint or report may be redacted to the155
extent necessary to comply with the confidentiality protections provided under Code156
Section 45-1-4 or other applicable law relating to the confidentiality of complaints157
against organizations that receive public funds.158
(c)(1) An accrediting agency shall not apply any standards, measures, or assessment159
criteria to any school or school system that advocate for divisive concepts, as such term160
is defined in Code Section 20-1-11.161
(2) The State Board of Education shall be authorized to determine whether an accrediting162
agency is not in compliance with the provisions of paragraph (1) of this subsection. The163
State Board of Education shall notify such accrediting agency upon making such164
determination and shall allow no more than 30 days for such accrediting agency to165
demonstrate compliance with such provisions.166 23 LC 49 1396S
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(d) This Code section shall apply to any initial or renewal agreement by and between any167
public secondary school or school system in this state and any accrediting agency entered168
into on or after July 1, 2023.169
(e) Nothing in this Code section shall be construed to:170
(1) Require any public school or school system in this state to be accredited; or171
(2) Prohibit or restrict an accrediting agency from adopting assessment criteria and172
procedures not provided for in this Code section; provided, however, that to the extent173
an accrediting agency adopts assessment criteria or procedures which are inconsistent174
with the provisions of this Code section, such accrediting agency may not be deemed a175
recognized accrediting agency.176
20-14-97.177
(a) Upon request by a local board of education, the State Board of Education shall be178
authorized to provide accreditation and related services for such local board's elementary179
and middle schools to assess the quality of learning by students in such schools and the180
financial efficiency of such schools. The State Board of Education shall adopt rigorous and181
appropriate criteria for accreditation upon consideration of the relevant assessment criteria182
used by regional and national accrediting agencies, the assessment criteria it adopted183
pursuant to Code Section 20-14-96, and other relevant information it deems appropriate.184
(b) The local board of education shall compensate the State Board of Education for the185
actual costs of the accreditation process.186
(c) No office, agency, department, board, bureau, commission, institution, or other entity187
of the state government, including, but not limited to, the State Board of Education, the188
Board of Regents of the University System of Georgia, the State Board of the Technical189
College System of Georgia, the Georgia Student Finance Authority, the Georgia Student190
Finance Commission, or the Office of Student Achievement, shall recognize the191 23 LC 49 1396S
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accreditation of any public elementary or middle school except as administered by the State192
Board of Education.193
20-14-98.194
(a) In the event of a dispute between an accrediting agency and a public secondary school195
or school system regarding the findings and recommendations of an assessment by the196
accrediting agency of such public secondary school or school system, the public secondary197
school or school system shall have the right to appeal as follows:198
(1) The public secondary school or school system may appeal the findings and199
recommendations within 70 days to an accreditation committee established by the State200
Board of Education for such appeal, and may provide evidence in support of such appeal.201
The accrediting agency's findings and recommendations which are the subject of such202
appeal shall be suspended from public access or disclosure during the pendency of such203
appeal and any mediation or appeal following therefrom;204
(2) The accreditation committee shall work with both the accrediting agency and the205
appealing public secondary school or school system to seek a resolution; and206
(3) Should the parties fail to agree to a resolution, the appealing public secondary school207
or school system shall have the right to submit the dispute to mediation under the208
provisions of Chapter 17 of Title 9, relating to the Georgia Uniform Mediation Act. The209
public secondary school or school system and the accrediting agency shall be the parties210
to such mediation. The accrediting agency shall be responsible for the costs of such211
mediation.212
(b) Notwithstanding any other provision of law to the contrary, a mediator's decision213
rendered pursuant to subsection (a) of this Code section may be appealed by either party214
to the State Board of Education, the findings and conclusions of which shall be binding on215
the parties.216 23 LC 49 1396S
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(c) Failure by an accrediting agency to comply without appeal to a decision under217
subsection (a) of this Code section or failure to comply with a ruling under subsection (b)218
of this Code section shall disqualify such agency from accrediting public secondary schools219
or school systems in this state. The accreditation committee shall be granted the authority220
by the State Board of Education to:221
(1) Create general accreditation standards applicable to all parties before it; and222
(2) Grant accreditation directly to a public secondary school or school system appealing223
under the provisions of this Code section.224
(d) Failure of a public secondary school or school system to comply with a final ruling of225
the State Board of Education shall cause such public secondary school or school system to226
be placed on probationary accreditation status until compliance is achieved."227
SECTION 4.228
This Act shall become effective upon its approval by the Governor or upon its becoming law229
without such approval.230
SECTION 5.231
All laws and parts of laws in conflict with this Act are repealed.232