24 LC 49 1586
Senate Bill 394
By: Senators Dixon of the 45th, Anavitarte of the 31st, Robertson of the 29th, Kennedy of
the 18th, Hickman of the 4th and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
1
Annotated, relating to miscellaneous provisions of the "Quality Basic Education Act," so as2
to enact the "Restricting Explicit and Adult-designated Educational Resources (READER)3
Act"; to provide for definitions, including definitions for the terms "harmful to minors,"4
"restricted materials," and "sexually explicit materials"; to require the State Board of5
Education to establish standards for the designation of restricted materials by local boards6
of education, standards for the use and restriction of instructional materials, and standards7
for the use and restriction of public school library collection materials; to require the State8
Board of Education to annually update such standards; to require the Department of9
Education to provide technical support to local boards of education for implementing such10
standards; to require local boards of education to adopt and annually update policies and11
procedures that comply with such standards; to provide for certain instructional materials to12
include ratings which indicate whether any portion of such material includes sexually explicit13
material; to prohibit local boards of education from acquiring instructional materials from14
vendors who do not provide such ratings and other required information; to require local15
boards of education to periodically publish lists of instructional materials that include16
sexually explicit materials; to require periodic review of restricted materials in public school17
library collection materials and determination of what restricted materials should be retained;18
to require local boards of education to periodically provide to the Department of Education19
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a list of restricted materials included in its school library collection materials; to require the
20
Department of Education to publish such lists; to provide that existing complaint resolution21
policies for materials that are harmful to minors shall apply, subject to an embargo provision;22
to revise and expand the definition of "harmful to minors" regarding the complaint resolution23
policy for materials that are harmful to minors; to provide for related matters; to repeal24
conflicting laws; and for other purposes.25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:26
SECTION 1.27
This Act shall be known and may be cited as the "Restricting Explicit and Adult-designated28
Educational Resources (READER) Act."29
SECTION 2.30
Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,31
relating to miscellaneous provisions of the "Quality Basic Education Act," is amended by32
revising subsection (a) of Code Section 20-2-324.6, relating to complaint resolution policy33
for materials "harmful to minors," as follows:34
"(a) As used in this Code section, 'harmful to minors' means
:35
(1) Means that quality of description or representation, in whatever form, of nudity,36
sexual conduct, sexual excitement, or sadomasochistic abuse, when it:37
(1)(A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid38
interest of minors;39
(2)(B) Is patently offensive to prevailing standards in the adult community as a whole40
with respect to what is suitable material for minors; and41
(3)(C) Is, when taken as a whole, lacking in serious literary, artistic, political, or42
scientific value for minors; and43
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(2) Includes 'sexually explicit material' excepting 'restricted material,' as such terms are44
defined in Code Section 20-2-324.7."45
SECTION 3.46
Said part is further amended by adding a new Code Section to read as follows:47
"20-2-324.7.48
(a) As used in this Code section, the term:49
(1) 'Harmful to minors' has the meaning given to such term in Code Section 20-2-324.6.50
(2) 'Local board of education' means the local board of education of each local school51
system or other public school governing body that receives state funding under this52
article.53
(3) 'Primary instructional material' means instructional materials and content, as defined54
by the State Board of Education pursuant to Code Section 20-2-1010, and locally55
approved instructional materials and content, as defined in subsection (a) of Code Section56
20-2-1017, in any medium, including physical, electronic, visual, and audible.57
(4) 'Restricted material' means primary instructional material or school library collection58
material that is so designated as provided in subsection (c) of this Code section59
notwithstanding whether such material is or may be sexually explicit material.60
(5) 'School library collection material' means any material in any medium, including61
physical, electronic, visual, and audible, located within or accessible from a school library62
that is available to a student or is made available to a student by school personnel.63
(6) 'Sexually explicit material' means any primary instructional material, supplementary64
instructional material, or school library collection material that describes, depicts,65
renders, or portrays in any medium, including physical, electronic, visual, and audible,66
sexually explicit conduct, as defined in Code Section 16-12-100, sadomasochistic abuse,67
as defined in Code Section 16-12-102, sexual conduct, as defined in Code Section68
16-12-102, or sexually explicit nudity, as defined by Code Section 16-12-102; provided,69
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however, that such term shall not include materials of great religious or historical70
significance that do not describe, depict, render, or portray sexually explicit material in71
a patently offensive way.72
(7) 'Supplementary instructional material' means any materials other than primary73
instructional materials in any medium, including physical, electronic, visual, and audible,74
that are included, or are intended to be included, by a teacher or other school personnel75
for use as part of a classroom discussion or other classroom activity or are recommended76
by a teacher or other school personnel for review by one or more students.77
(b)(1)(A) By December 1, 2024, each local board of education shall adopt policies and78
procedures that comply with the standards established by the State Board of Education79
as provided in subsections (c) through (e) of this Code section.80
(B) By August 1, 2025, and each year thereafter, each local board of education shall81
adopt or update policies and procedures that comply with any updated standards82
established by the State Board of Education as provided in paragraph (2) of subsection83
(c), paragraph (3) of subsection (d), and paragraph (3) of subsection (e) of this Code84
section.85
(2) Beginning December 1, 2024, and continuing thereafter, no local board of education86
shall permit restricted material to:87
(A) Include material that is harmful to minors;88
(B) Be accessible by or otherwise available or disseminated in any manner to any89
student in or below grade six; or90
(C) Be accessible by or otherwise available or disseminated in any manner to any91
student in or above grade seven without written consent from such student's parent or92
permanent guardian.93
(c)(1) By August 1, 2024, the State Board of Education shall establish standards for the94
designation of restricted material by local boards of education. Such standards shall95
include, but shall not be limited to, the following provisions:96
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(A) Obscenity in any medium, including physical, electronic, visual, and audible, in97
public school primary instructional materials, supplementary instructional materials,98
and school library collection materials is not protected under the Georgia Constitution99
or the First Amendment to the United States Constitution;100
(B) Sexually explicit material shall only be designated as restricted material to the101
extent necessary:102
(i) To provide adequate and grade-appropriate primary instructional materials to103
satisfy standards established by the State Board of Education; or 104
(ii) For the full and rigorous implementation of curricula, or elements of a105
curriculum, that are required as part of advanced placement, international106
baccalaureate, or dual enrollment coursework;107
(C) Sexually explicit material that is designated as restricted material shall not:108
(i) Include material that is harmful to minors;109
(ii) Be accessible by or otherwise available or disseminated in any manner to any110
student in or below grade six; and111
(iii) Be accessible by or otherwise available or disseminated in any manner to any112
student in or above grade seven without written consent from such student's parent or113
permanent guardian.114
(2) The standards provided for in paragraph (1) of this subsection shall be reviewed and115
updated by June 1 each year by the State Board of Education.116
(3) The Department of Education shall provide technical assistance and develop and117
promulgate model policies and procedures to aid public schools in implementing the118
standards provided for in paragraph (1) of this subsection.119
(d)(1) By August 1, 2024, the State Board of Education shall establish standards for120
instructional materials used in any public school operated by a local board of education.121
Such standards shall include, but shall not be limited to, the following provisions:122
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(A) Obscenity in any medium, including physical, electronic, visual, and audible, in123
public school primary or supplementary instructional materials is not protected under124
the Georgia Constitution or the First Amendment to the United States Constitution;125
(B) Each public school is permitted to exclude materials that are pervasively vulgar or126
educationally unsuitable from its primary and supplementary instructional materials;127
(C) No public school shall possess, acquire, or disseminate in any manner primary or128
supplementary instructional material that is:129
(i) Harmful to minors; or130
(ii) Sexually explicit material except to the extent that such material that is designated131
as restricted material as provided in subsection (c) of this Code section; and132
(D) Restricted materials that are included in instructional materials shall not:133
(i) Include material that is harmful to minors;134
(ii) Be accessible by or otherwise available or disseminated in any manner to any135
student in or below grade six; and136
(iii) Be accessible by or otherwise available or disseminated in any manner to any137
student in or above grade seven without written consent from such student's parent or138
permanent guardian.139
(2) The standards provided for in paragraph (1) of this subsection shall apply to each140
public school's acceptable use policy required by Code Section 20-2-324 and any primary141
or supplementary instructional materials made available or disseminated in any manner142
by the public school to students via the internet or any internet connected device,143
including, but not limited to, online learning programs, interactive learning programs,144
e-books, and audiobooks.145
(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and146
updated by June 1 each year by the State Board of Education.147
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(4) The Department of Education shall provide technical assistance and develop and148
promulgate model policies and procedures to aid public schools in implementing the149
standards provided for in paragraph (1) of this subsection.150
(e)(1) By August 1, 2024, the State Board of Education, in consultation with the Georgia151
Public Library Service and the Georgia Archives, shall establish standards for school152
library programs and services in any public school operated by a local board of education.153
Such standards shall include, but shall not be limited to, the following provisions:154
(A) Obscenity in any medium, including physical, electronic, visual, and audible, in155
public school libraries is not protected under the Georgia Constitution or the First156
Amendment to the United States Constitution;157
(B) Each public school is permitted to exclude materials that pervasively vulgar or158
educationally unsuitable from its school library collection materials;159
(C) No public school library shall possess, acquire, or disseminate in any manner160
school library collection material that is:161
(i) Harmful to minors; or162
(ii) Sexually explicit material except to the extent that such material that is designated163
as restricted material as provided in subsection (c) of this Code section; and164
(D) Restricted materials that are included in school library collection materials:165
(i) Shall not include material that is harmful to minors;166
(ii) Shall be located and maintained in a restricted area which is not accessible by any167
student in or below grade six and which may be accessed by a student in or above168
grade seven only with written consent from such student's parent or permanent169
guardian;170
(iii) Shall not be accessible by or otherwise available or disseminated in any manner171
to any student in or below grade six; and172
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(iv) Be accessible by or otherwise available or disseminated in any manner to any173
student in or above grade seven without written consent from such student's parent or174
permanent guardian.175
(2) The standards provided for in paragraph (1) of this subsection shall apply to each176
public school's acceptable use policy required by Code Section 20-2-324 and any school177
library collection materials made available or disseminated in any manner by the public178
school to students via the internet or any internet connected device, including, but not179
limited to, online learning programs, interactive learning programs, e-books, and180
audiobooks.181
(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and182
updated by June 1 each year by the State Board of Education.183
(4) The Department of Education shall provide technical assistance and develop and184
promulgate model policies and procedures to aid public schools in implementing the185
standards provided for in paragraph (1) of this subsection.186
(f)(1) Beginning December 1, 2024, each local board of education shall:187
(A) Not accept possession of, acquire, or recommend the acquisition of, by any means,188
any primary instructional material from any vendor unless such primary instructional189
material has a rating which indicates whether any portion of such primary instructional190
material includes sexually explicit material;191
(B) Request to receive by June 1 each year from each vendor providing primary192
instruction materials to such local board of education a list of each item provided by193
such vendor during the preceding year that includes sexually explicit materials; and194
(C) Not enter into any new or renewed contractual or other arrangement for acquiring195
primary instructional materials with any vendor that does not agree to provide:196
(i) Ratings for primary instructional materials which indicate whether any portion of197
such primary instructional material includes sexually explicit material; and198
(ii) The list provided for in paragraph (2) of this subsection.199
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(2) By June 15 each year, each local board of education shall post on its public website200
a list of all primary instructional materials used during the preceding school year that201
included sexually explicit material.202
(g)(1) Beginning December 1, 2024, no school library operated by a local board of203
education shall acquire by any means sexually explicit material or material that is harmful204
to minors for inclusion in its school library collections material.205
(2) By July 1 each year, each local board of education shall review the contents of the206
school library collection materials designated as restricted material and determine207
whether such materials shall continue to be included in the school library collection208
materials. A list of such restricted materials shall be published on the public website of209
each local board of education.210
(3) By August 1 each year, each local board of education shall provide a list to the211
Department of Education of the restricted materials that will continue to be included in212
its school library collection materials as provided in paragraph (2) of this subsection. The213
Department of Education shall annually compile and publish such list on its public214
website.215
(h) The complaint resolution provisions of Code Section 20-2-324.6 shall apply to this216
Code section; provided, however, that, while a complaint is pending, the associated217
material shall be embargoed from use or accessibility by any student."218
SECTION 4.219
All laws and parts of laws in conflict with this Act are repealed.220
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