24 LC 49 1760S
The Senate Committee on Education and Youth offered the following
substitute to SB 351:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 20 and 39 of the Official Code of Georgia Annotated, relating to education1
and minors, respectively, so as to provide for social media platform access by minors; to2
provide for social media policies in public schools; to include promotion of safe and3
appropriate use of technology and responsible digital citizenship in the state's comprehensive4
character education program; to require the Department of Education to develop and5
periodically update model programs for educating students regarding online safety; to6
provide for required and optional instruction regarding social media for such programs; to7
require public school local governing bodies to adopt, implement, and enforce social media8
policies; to authorize the Department of Education to consult with and assist local governing9
bodies in the development and implementation of such policies; to require local governing10
bodies to submit such policies to the Department of Education for review; to authorize the11
State Board of Education to withhold state funds from local governing bodies for failure to12
comply with certain social media policy requirements; to provide for appeals; to provide for13
venue; to revise provisions relating to the prohibition of bullying and cyberbullying in public14
schools; to require social media platforms to verify the age of account holders and to refuse15
account services to minors without parental consent; to require social medial platforms to16
provide certain information to parents upon request; to provide for enforcement authority of17
the Attorney General; to prohibit certain waivers; to provide for definitions; to provide for18
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an effective date; to provide for a short title; to provide for related matters; to repeal19
conflicting laws; and for other purposes.20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:21
PART I22
SECTION 1-1.23
This Act shall be known and may be cited as the "Protecting Georgia's Children on Social24
Media Act of 2024."25
PART II26
SECTION 2-1.27
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and28
secondary education, is amended in Part 2 of Article 6, relating to competencies and core29
curriculum under the "Quality Basic Education Act," by revising Code Section 20-2-145,30
relating to the comprehensive character education program, as follows:31
"20-2-145.32
(a) The State Board of Education shall develop by the start of the 1997-1998 school year33
a comprehensive character education program for levels K-12. This comprehensive34
character education program shall be known as the 'character curriculum' and shall focus35
on the students' development of the following character traits: courage, patriotism,36
citizenship, honesty, fairness, respect for others, kindness, cooperation, self-respect,37
self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality,38
cleanliness, cheerfulness, school pride, respect for the environment, respect for the creator,39
patience, creativity, sportsmanship, loyalty, perseverance, and virtue. Such program shall40
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also address, by the start of the 1999-2000 2025-2026 school year, methods of discouraging41
bullying and violent acts against fellow students and methods of promoting responsible42
digital citizenship and the safe and appropriate use of technology, the internet, and social43
media. Local boards governing bodies shall implement such a program in all grade levels44
at the beginning of the 2000-2001 2025-2026 school year and shall provide opportunities45
for parental involvement in establishing expected outcomes of the character education46
program.47
(b) The Department of Education shall develop character education program workshops48
designed for public school employees of local school systems."49
SECTION 2-2.50
Said chapter is further amended in said part by revising Code Section 20-2-149, relating to51
program for educating students regarding online internet safety, as follows:52
"20-2-149.53
(a)(1) The Department of Education shall develop a model program model programs for54
educating students regarding online safety while using the Internet internet, taking into55
consideration educational materials on this topic developed by other states as well as any56
other materials suggested by education experts, child psychologists, and technology57
companies that promote child online safety issues.58
(2) The model programs provided for in this subsection shall include one or more model59
programs for students in grades six through 12 which:60
(A) Shall include instruction regarding:61
(i) The social, emotional, and physical effects of social media on users;62
(ii) The effects of social media on the mental health of users, particularly teenagers;63
(iii) The distribution of disinformation and misinformation on social media;64
(iv) How social media influences thoughts and behaviors;65
(v) The permanency and risks of sharing materials online;66
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(vi) How to maintain personal security and identify cyberbullying, predatory67
behavior, and human trafficking on the internet and social media; and68
(vii) How to report suspicious behavior encountered on the internet and social media69
to appropriate persons and authorities; and70
(B) May include information regarding the benefits of social media use, such as71
supporting career readiness for future academic or employment opportunities, sharing72
information with familiar family and friends, and safely connecting with other users73
with similar interests.74
(3) The Department of Education shall periodically update the model programs provided75
for in this subsection to reflect changes in internet and social media use, emergent76
technologies, social and psychological research, and information concerning new threats77
to teenagers and young adults using social media platforms and other online78
communication technologies.79
(4) The Department of Education shall publish on its website information relating to the80
model programs provided for in this Code section, including recommended curricula and81
instructional materials as updated periodically as provided in this subsection. The82
Department of Education shall provide technical assistance in addition to such model83
programs and recommended curricula and instructional materials to aid any local board84
of education that may elect to incorporate one or more components of internet and social85
media safety into its instructional program.86
(b) Each local board of education may incorporate into its instructional program a87
component on online Internet internet safety, including social media safety, to be taught88
on a schedule as determined by the local board of education."89
SECTION 2-3.90
Said chapter is further amended in Part 15 of Article 6, relating to miscellaneous provisions91
under the "Quality Basic Education Act," by adding a new Code section to read as follows:92
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"20-2-324.7.93
(a) As used in this Code section, the term:94
(1) 'Internet' means the global information system that is logically linked together by a95
globally unique address space based on the internet protocol or its subsequent extensions;96
that is able to support communications using the transmission control protocol/internet97
protocol (TCP/IP) suite, its subsequent extensions, or other compatible protocols; and that98
provides, uses, or makes accessible, either publicly or privately, high-level services99
layered on such communications and related infrastructure.100
(2) 'Local governing body' means the board of education of each local school system, the101
governing body of each charter school subject to the provisions of Article 31 or 31A of102
this chapter, and the governing board of each completion special school subject to the103
provisions of Article 31C of this chapter. Such term shall not include system charter104
schools, as defined in Code Section 20-2-2062; conversion charter schools, as defined in105
Code Section 20-2-2062, whose charter is not held by a nonprofit corporation; and106
college and career academies that are charter schools.107
(3) 'Social media platform' has the same meaning as defined in Code Section 39-6-1.108
(b) No later than April 1, 2026, each local governing body shall adopt a social media109
policy which shall:110
(1) Prohibit students from accessing social media platforms through the use of computer111
equipment, communications services, or internet access that is operated, owned, leased,112
and made available to students by the local governing body, the school system, or a113
public school; and114
(2) Establish appropriate measures to be taken when a student violates such policy.115
(c) A local governing body shall take such steps as it deems appropriate to implement and116
enforce its social media policy, which shall include, but shall not be limited to:117
(1) Use of software programs and other technologies reasonably designed and intended118
to block access to social media platforms; and119
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(2) Selection of online servers that block access to social media platforms.120
(d) Each local school system or public school shall publish on its website a copy of the121
social media policy adopted pursuant to subsection (b) of this Code section and shall122
provide a paper copy of such upon written request of a parent or guardian of an enrolled123
student.124
(e) The Department of Education shall be authorized to consult with and assist any local125
governing body in developing and implementing a social media policy pursuant to this126
Code section.127
(f)(1) No later than April 1, 2026, each local governing body shall submit a copy of the128
social media policy adopted pursuant to subsection (b) of this Code section to the129
Department of Education for compliance review. Such submission shall identify any130
software program or other technology that is being or will be utilized to block access to131
social media platforms in accordance with subsection (c) of this Code section.132
(2) The Department of Education shall review each social media policy and any133
subsequent revisions submitted pursuant to paragraph (3) of this subsection. If the134
Department of Education determines after compliance review that a policy or revision135
thereof is not reasonably designed to achieve the requirements of this Code section, it136
shall provide written notice of noncompliance to the local governing body as provided137
for in paragraph (4) of this subsection.138
(3) No revision of a social media policy which has been deemed compliant pursuant to139
paragraph (2) of this subsection shall be implemented until such revision is reviewed by140
the Department of Education. If the Department of Education fails to provide a notice141
of noncompliance for the revision within 60 days of its receipt, the local governing body142
may proceed with the implementation of the revision.143
(4)(A) The Department of Education shall be responsible for conducting any necessary144
investigations and making written determinations as to whether a local governing body145
has failed to comply with the requirements of this Code section.146
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(B) If the Department of Education determines that a local governing body has failed147
to comply with the requirements of this Code section, it shall provide a written notice148
of noncompliance to such local governing body and the local governing body shall have149
30 days from the receipt of such notice to correct such noncompliance and to develop150
a corrective action plan for preventing future recurrences. The Department of151
Education may extend such 30 day period upon a showing of good cause by the local152
governing body.153
(5)(A) The State Board of Education shall be authorized to take corrective action,154
including, but not limited to, withholding a portion of state funding to a local school155
system or public school, as provided for in Code Section 20-2-243, if such local156
governing body fails to comply with the provisions of this Code section or fails to157
enforce or substantially disregards its social media policy.158
(B) If the State Board of Education notifies the local governing body that it is subject159
to the withholding of state funding pursuant to subparagraph (A) of this paragraph, such160
local governing body may bring an action against the State Board of Education seeking161
appropriate relief from the superior court of the county where the local governing body162
is headquartered."163
SECTION 2-4.164
Said chapter is further amended in Subpart 2 of Part 2 of Article 16, relating to public school165
disciplinary tribunals for students, by revising Code Section 20-2-751.4, relating to policies166
prohibiting bullying, assignment to alternative school, and notice, as follows:167
"20-2-751.4.168
(a) As used in this Code section, the term:169
(1)(A) Bullying' 'bullying' means an act that is:170
(1)(i) Any willful attempt or threat to inflict injury on another person, when171
accompanied by an apparent present ability to do so;172
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(2)(ii) Any intentional display of force such as would give the victim reason to fear173
or expect immediate bodily harm; or174
(3)(iii) Any intentional written, verbal, or physical act which a reasonable person175
would perceive as being intended to threaten, harass, or intimidate, that:176
(A)(I) Causes another person substantial physical harm within the meaning of Code177
Section 16-5-23.1 or visible bodily harm as such term is defined in Code Section178
16-5-23.1;179
(B)(II) Has the effect of substantially interfering with a student's education or180
otherwise substantially infringing upon the rights of a student;181
(C)(III) Is so severe, persistent, or pervasive that it creates an intimidating or182
threatening educational environment; or183
(D)(IV) Has the effect of substantially disrupting the orderly operation of the184
school.185
(B) Except as provided in subparagraph (C) of this paragraph, such The term applies186
to acts which occur on school property, on school vehicles, at designated school bus187
stops, or at school related functions or activities, including, but not limited to,188
extracurricular activities, or by use of data or software that is accessed through a189
computer, computer system, computer network, or other electronic technology of a190
local school system. The term also applies to191
(C) Such term includes acts of cyberbullying which occur through the use of electronic192
communication, whether or not such electronic act originated that originate on school193
property or involve the use of or with school equipment, including, but not limited to,194
acts that occur within a school sponsored online activity. if the electronic195
communication (1) is directed specifically at students or school personnel, (2) is196
maliciously intended for the purpose of threatening the safety of those specified or197
substantially disrupting the orderly operation of the school, and (3) creates a reasonable198
fear of harm to the students' or school personnel's person or property or has a high199
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likelihood of succeeding in that purpose. For purposes of this Code section, electronic200
communication includes but is not limited to any transfer of signs, signals, writings,201
images, sounds, data or intelligence of any nature transmitted in whole or in part by a202
wire, radio, electromagnetic, photo electronic or photo optical system.203
(2) 'Cyberbullying' means bullying that involves the use of electronic communication,204
including, but not limited to, communication devices and services, including, but not205
limited to, cellular telephones, cameras, computers, social media platforms, text206
messages, chat platforms, and internet sites.207
(3) 'Electronic communication' means, but is not limited to, any transfer of signs, signals,208
writings, images, sounds, data, or intelligence of any nature transmitted in whole or in209
part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. Such210
term shall include photographs and video and audio recordings.211
(4) 'Extracurricular activities' has the same meaning as defined in Code Section212
20-2-319.6.213
(5) 'Parent' means a person who has legal authority to act on behalf of a minor child as214
a natural or adoptive parent or a legal guardian.215
(6) 'School equipment' means any computer or computer networking equipment,216
technology or technology related device or service, or communication system or service217
that is operated, owned, leased, and made available to students by a local board of218
education, local school system, or public school and that is used for transmitting,219
receiving, accessing, viewing, hearing, downloading, recording, or storing electronic220
communication.221
(7) 'Transmit' means to send or broadcast an electronic communication.222
(b) No later than August 1, 2011 July 1, 2026:223
(1) Each local board of education shall adopt a policy that prohibits bullying, including,224
without limitation, cyberbullying, of a student by another by a student and shall require225
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such prohibition to be included in the student code of conduct for schools in that school226
system;227
(2) Each local board policy shall require that, upon a finding by the disciplinary hearing228
officer, panel, or tribunal of school officials provided for in this subpart that a student in229
grades six through 12 has committed the offense of bullying for the third time in a school230
year, such student shall be assigned to an alternative school;231
(3) Each local board of education shall establish and publish in its local board policy a232
method to notify the parent, guardian, or other person who has control or charge of a233
student upon a finding by a school administrator that such student has committed an234
offense of bullying or is a target or suspected victim of bullying. Such notice shall, as235
appropriate under the circumstances, include referrals to resources for counseling and236
other appropriate services for students who have been found to have committed an237
offense of bullying or are targets or suspected victims of bullying; and238
(4) Each local board of education shall ensure that students and parents and guardians239
of students are notified of the prohibition against bullying, and the penalties for violating240
the prohibition, by posting such information at each school and by including such241
information in student and parent handbooks; and242
(5) Each local board of education shall establish a process to regularly evaluate and243
update the use of technology solutions to aid in the prevention of cyberbullying on school244
equipment, including, but not limited to, monitoring software intended to provide245
electronic notification when the occurrence of cyberbullying is detected on such246
equipment.247
(c) No later than January 1, 2011 2026, the Department of Education shall develop a248
model policy regarding bullying, that may be revised from time to time, and shall post such249
policy on its website in order to assist local school systems. Such model policy shall250
include:251
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(1) A statement prohibiting bullying;252
(2) A requirement that any teacher or other school employee who has reliable253
information that would lead a reasonable person to suspect that someone is a target of254
bullying shall immediately report it to the school principal;255
(3) A requirement that each school have a procedure for the school administration to256
promptly investigate in a timely manner and determine whether bullying has occurred;257
(4) An age-appropriate range of consequences for bullying which shall include, at258
minimum and without limitation, disciplinary action or counseling as appropriate under259
the circumstances;260
(5) A requirement that each school provide referrals, as appropriate under the261
circumstances, to age-appropriate interventions and services, including, but not limited262
to, counseling services, for students who have been found to have committed an offense263
of bullying or are targets or suspected victims of bullying;264
(6) A procedure for a teacher or other school employee, student, parent, guardian, or265
other person who has control or charge of a student, either anonymously or in such266
person's name, at such person's option, to report or otherwise provide information on267
bullying activity;268
(6)(7) A statement prohibiting retaliation following a report of bullying; and269
(7)(8) Provisions consistent with the requirements of subsection (b) of this Code section.270
(d) No later than January 1, 2026, the The Department of Education shall develop and post271
on its website:272
(1) A a list of entities and their contact information which produce antibullying training273
programs and materials deemed appropriate by the department for use in local school274
systems. Such list shall include at least one entity that provides awareness and training275
programs relating to cyberbullying; and276
(2) A list of online and in-person providers of counseling and other appropriate services277
for students who have been found by school officials to have committed an offense of278
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bullying or are targets or suspected victims of bullying. Such list shall include in-person279
providers available to families in areas throughout the state.280
(e) Any person who reports an incident of bullying in good faith shall be immune from281
civil liability for any damages caused by such reporting.282
(f) Nothing in this Code section or in the model policy promulgated by the Department of283
Education shall be construed to require a local board of education to provide transportation284
to a student transferred to another school as a result of a bullying incident.285
(g) Any school system which is not in compliance with the requirements of subsection (b)286
of this Code section shall be ineligible to receive state funding pursuant to Code Sections287
20-2-161 and 20-2-260."288
PART III289
SECTION 3-1.290
Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended by adding291
a new chapter to read as follows:292
"CHAPTER 6293
39-6-1.294
As used in this chapter, the term:295
(1) 'Account holder' means a person who is a resident of this state and has an account or296
profile to use a social media platform, including a minor account holder.297
(2) 'Educational entity' means:298
(A) A public elementary or secondary school, including without exception public299
schools provided for under Articles 31, 31A, and 31C of Chapter 2 of Title 20;300
(B) A private elementary or secondary school;301
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(C) A unit of the University System of Georgia;302
(D) A unit of the Technical College System of Georgia;303
(E) An independent or private college or university located in Georgia and eligible to304
be deemed an 'approved school' pursuant to paragraph (2) of Code Section 20-3-411;305
or306
(F) A nonpublic postsecondary educational institution provided for in Part 1A of307
Article 7 of Chapter 3 of Title 20.308
(3) 'Minor' means an individual who resides in this state and is actually known or309
reasonably believed by a social media platform to be under the age of 16 years.310
(4) 'Minor account holder' means an account holder who is a minor.311
(5) 'Post' means content that an account holder makes available on a social media312
platform for other account holders or users to view or listen to, including text, images,313
audio, and video.314
(6) 'Social media platform' means an online forum that allows an account holder to create315
a profile, upload posts, view and listen to posts, form mutual connections, and interact316
publicly and privately with other account holders and users. Such term shall not include317
an online service, website, or application where the predominant or exclusive function318
is any of the following:319
(A) Email;320
(B) A service that, pursuant to its terms of use, does not permit minors to use the321
platform and utilizes commercially reasonable age assurance mechanisms to deter322
minors from becoming account holders;323
(C) A streaming service that provides only licensed media that is not user generated324
in a continuous flow from the service, website, or application to the end user and does325
not obtain a license to the media from a user or account holder by agreement to its326
terms of service;327
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(D) News, sports, entertainment, or other content that is preselected by the provider328
and not user generated, and any chat, comment, or interactive functionality that is329
provided incidental to or directly or indirectly related to such content;330
(E) Online shopping or ecommerce, if the interaction with other users or account331
holders is generally limited to the ability to upload a post and comment on reviews, the332
ability to display lists or collections of goods for sale or wish lists, and other functions333
that are focused on online shopping or ecommerce rather than interaction between users334
or account holders;335
(F) Interactive gaming, virtual gaming, or an online service, website, or application that336
allows the creation and uploading of content for the purpose of interactive gaming,337
educational entertainment, or associated entertainment, and communications related to338
that content;339
(G) Photograph editing that has an associated photograph hosting service if the340
interaction with other users or account holders is generally limited to liking or341
commenting;342
(H) Single-purpose community groups for public safety if the interaction with other343
users or account holders is limited to that single purpose and the community group has344
guidelines or policies against illegal content;345
(I) Business-to-business software;346
(J) Teleconferencing or videoconferencing services that allow reception and347
transmission of audio and video signals for real-time communication;348
(K) Cloud storage;349
(L) Shared document collaboration;350
(M) Cloud computing services, which may include cloud storage and shared document351
collaboration;352
(N) Providing access to or interacting with data visualization platforms, libraries, or353
hubs;354
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(O) Permitting comments on a digital news website if the news content is posted only355
by the provider of the digital news website;356
(P) Providing or obtaining technical support for a platform, product, or service;357
(Q) Academic, scholarly, or genealogical research where the majority of the content358
is created or posted by the provider of the online service, website, or application and359
the ability to chat, comment, or interact with other users is directly related to the360
provider's content;361
(R) Internet access and broadband service;362
(S) A classified advertising service in which the provider of the online service, website,363
or application is limited to all of the following:364
(i) Permitting only the sale of goods;365
(ii) Prohibiting the solicitation of personal services;366
(iii) Posting or creating a substantial amount of the content; and367
(iv) Providing the ability to chat, comment, or interact with other users only if it is368
directly related to the provider's content; or369
(T) An online service, website, or application that is used by or under the direction of370
an educational entity, including a learning management system, student engagement371
program, or subject- or skill-specific program, where the majority of the content is372
created or posted by the provider of the online service, website, or application and the373
ability to chat, comment, or interact with other users is directly related to the provider's374
content.375
(7) 'User' means a person who has access to view all or some of the posts on a social376
media platform, but who is not an account holder.377
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39-6-2.378
(a) The provider of a social media platform shall make commercially reasonable efforts379
to verify the age of account holders with a level of certainty appropriate to the risks that380
arise from the social media platform's information management practices or shall apply the381
special conditions applied to minors under this chapter to all account holders.382
(b) The provider of a social media platform shall treat as a minor any individual such383
provider verifies to be under the age of 16 years.384
(c) No provider of a social media platform shall permit a minor to be an account holder385
unless such provider obtains the express consent of such minor's parent or guardian.386
Acceptable methods of obtaining express consent from a parent or guardian include:387
(1) Providing a form for the minor's parent or guardian to sign and return to the social388
media platform by common carrier, facsimile, email, or scanning;389
(2) Providing a toll-free telephone number for the minor's parent or guardian to call to390
consent;391
(3) Coordinating a call with the minor's parent or guardian using videoconferencing392
technology;393
(4) Collecting information related to the minor's parent's or guardian's government issued394
identification or financial or payment card information and deleting such information395
after confirming the identity of the parent or guardian;396
(5) Allowing the minor's parent or guardian to provide consent by responding to an email397
and taking additional steps to verify the parent's or guardian's identity; and398
(6) Any other commercially reasonable method of obtaining consent using available399
technology.400
(d) Notwithstanding any other provision of this chapter, no provider of a social media401
platform shall permit a minor to hold or open an account on the social media platform if402
the minor is ineligible to hold or open an account under any other provision of state or403
federal law.404
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(e) The provider of a social media platform shall make available, upon the request of a405
parent or guardian of a minor, a list and description of the features offered by the social406
media platform related to censoring or moderating content available on the social media407
platform, including any features that can be disabled or modified by an account holder.408
39-6-3.409
For a minor account holder, the provider of a social media platform shall prohibit all of the410
following:411
(1) The display of any advertising in the minor account holder's account based on such412
minor account holder's personal information, except age and location; and413
(2) The collection or use of personal information from the posts, content, messages, text,414
or usage activities of the minor account holder's account other than what is adequate,415
relevant, and reasonably necessary for the purposes for which such information is416
collected, as disclosed to the minor.417
39-6-4.418
(a) The Attorney General shall have exclusive authority to enforce the provisions of this419
chapter.420
(b) Nothing in this chapter shall be interpreted to serve as the basis for a private right of421
action under this chapter or any other law.422
(c) Subject to the ability to cure an alleged violation under subsection (d) of this Code423
section, the Attorney General may initiate an action and seek damages for up to $2,500.00424
for each violation under this chapter.425
(d) At least 90 days before the day on which the Attorney General initiates an enforcement426
action against a person or entity that is subject to the requirements of this chapter, the427
Attorney General shall provide the person or entity with a written notice that identifies each428
alleged violation and an explanation of the basis for each allegation. The Attorney General429
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shall not initiate an action if the person or entity cures the noticed violation within 90 days430
of receiving notice from the Attorney General and provides the Attorney General with a431
written statement indicating that the alleged violation is cured.432
39-6-5.433
No provision in a contract, statement of terms or conditions, or any other purported434
agreement, including, but not limited to, a choice of law provision, a waiver or limitation,435
or a purported waiver or limitation, may be utilized to prevent the application of this436
chapter or prevent, limit, or otherwise interfere with any person's or entity's right to437
cooperate with the Attorney General or to file a complaint with the Attorney General. Any438
such provision shall be null and void and unenforceable as contrary to public policy, and439
a court or arbitrator shall not enforce or give effect to any such provision."440
PART IV441
SECTION 4-1.442
This Act shall become effective on July 1, 2025.443
SECTION 4-2.444
All laws and parts of laws in conflict with this Act are repealed.445
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