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The Senate Committee on Education and Youth offered the following
substitute to SB 394:
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1
enact the "Clean Libraries Act"; to establish and provide for the Georgia Council on Library2
Materials Standards; to provide for definitions, including definitions for the terms "harmful3
to minors," "restricted materials," and "sexually explicit materials"; to require the Georgia4
Council on Library Materials Standards to establish standards for the designation of restricted5
materials by local boards of education, standards for the use and restriction of instructional6
materials, and standards for the use and restriction of public school library collection7
materials; to require the Georgia Council on Library Materials Standards to annually update8
such standards; to require the Department of Education to provide technical support to local9
boards of education for implementing such standards; to require local boards of education10
to adopt and annually update policies and procedures that comply with such standards; to11
provide for certain instructional materials to include ratings which indicate whether any12
portion of such material includes sexually explicit material; to prohibit local boards of13
education from acquiring instructional materials from vendors who do not provide such14
ratings and other required information; to require local boards of education to periodically15
publish lists of instructional materials that include sexually explicit materials; to require16
periodic review of restricted materials in public school library collection materials and17
determination of what restricted materials should be retained; to require local boards of18
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education to periodically provide to the Department of Education a list of restricted materials19
included in its school library collection materials; to require the Department of Education to20
publish such lists; to provide that existing complaint resolution policies for materials that are21
harmful to minors shall apply, subject to an embargo provision; to revise and expand the22
definition of "harmful to minors" regarding the complaint resolution policy for materials that23
are harmful to minors; to provide for related matters; to repeal conflicting laws; and for other24
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 "Clean Libraries Act."28
SECTION 2.29
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in30
Chapter 1, relating to general provisions, by adding a new article to read as follows:31
"ARTICLE 532
20-1-50.33
As used in this article, the term 'council' means the Georgia Council on Library Materials34
Standards established under this article.35
20-1-51.36
(a) There is established the Georgia Council on Library Materials Standards for the37
purpose of establishing standards for school library programs and services in any public38
school operated by a local board of education, for instructional materials used in any public39
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school operated by a local board of education, and for the designation of restricted material40
by local boards of education.41
(b) The council shall work in partnership with the State Board of Education and the42
Department of Education to implement the requirements of Code Section 20-2-324.7.43
20-1-52.44
(a)(1) The council shall be composed of ten members as follows:45
(A) Four members appointed by the Governor;46
(B) Two members appointed by the Lieutenant Governor;47
(C) Two members appointed by the Speaker of the House of Representatives;48
(D) One member appointed by the Leader of the house of Representatives minority49
caucus; and50
(E) One member appointed by the Leader of the Senate minority caucus.51
(2) No more than two members of the council shall be current or former employees of52
the Department of Education or a local education agency, as such term is defined in Code53
Section 20-2-167.1, and no more than three members shall have any current or former54
contractual, legal, or other official affiliation with the Department of Education or a local55
education agency.56
(b) Each nonlegislative member of the council shall be appointed to serve until his or her57
successor is duly appointed. Legislative members of the council shall serve until58
completion of their current terms of office. Any member may be appointed to succeed59
himself or herself on the council. If a member of the council is an elected or appointed60
official, such member, or his or her designee, shall be removed from the council if such61
member no longer serves as such elected or appointed official.62
(c) The council shall elect a chairperson from among its members and may elect other63
officers as it deems necessary. The chairperson of the council may designate and appoint64
committees from among the membership of the council as well as appoint other persons65
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to perform such functions as he or she may determine to be necessary as relevant to and66
consistent with this article. The chairperson shall only vote to break a tie.67
(d) The council shall be attached for administrative purposes only to the Department of68
Education. The Department of Education shall provide staff support for the council and69
shall hire an individual to serve as special advisor to the council who shall be responsible70
for coordination of such staff support and for working in coordination with stakeholder71
agencies and other interested parties. The Department of Education shall use any funds72
specifically appropriated to support the work of the council for such purpose.73
20-1-53.74
(a) The council may conduct meetings at such places and times as it deems necessary or75
convenient to enable it to fully and effectively exercise its powers, perform its duties, and76
accomplish the objectives and purposes of this article; provided, however, that the council77
shall meet not less than four times per year. The council shall hold meetings at the call of78
the chairperson.79
(b) A quorum for transacting business shall be a majority of the members of the council.80
(c) Legislative members of the council shall receive the allowances provided for in Code81
Section 28-1-8. Nonlegislative members of the council shall receive a daily expense82
allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the83
mileage or transportation allowance authorized for state employees. Members of the84
council who are state officials, other than legislative members, or state employees shall85
receive no compensation for their services on the council, but shall be reimbursed for86
expenses incurred by them in the performance of their duties as members of the council in87
the same manner as they are reimbursed for expenses in their capacities as state officials88
or state employees. The funds necessary for the reimbursement of the expenses of state89
officials, other than legislative members, and state employees shall come from funds90
appropriated to or otherwise available to their respective departments. All other funds91
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necessary to carry out the provisions of this article shall come from funds appropriated to92
the Senate and the House of Representatives.93
20-1-54.94
The council shall be authorized to:95
(1) Request and receive data from and review the records of appropriate state and local96
agencies to the greatest extent allowed by state and federal law;97
(2) Seek and accept public or private grants, devises, and bequests;98
(3) Enter into contracts or agreements through the council's chairperson necessary or99
incidental to the performance of its duties;100
(4) Establish rules and procedures for conducting the business of the council;101
(5) Conduct studies, hold public meetings, collect data, or take any other action the102
council deems necessary to fulfill its responsibilities; and103
(6) Retain the services of attorneys, consultants, subject matter experts, economists,104
budget analysts, data analysts, statisticians, and other individuals or organizations as105
deemed appropriate by the council. Such services may be obtained through a request for106
proposal process conducted through the Office of Planning and Budget; provided,107
however, that any final selection shall be approved by the council."108
SECTION 3.109
Said title is further amended in Part 15 of Article 6 of Chapter 2, relating to miscellaneous110
provisions of the "Quality Basic Education Act," by revising subsection (a) of Code Section111
20-2-324.6, relating to complaint resolution policy for materials "harmful to minors," as112
follows:113
"(a) As used in this Code section, the term:114
(1) 'Harmful 'harmful to minors' means:115
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(A) Means that quality of description or representation, in whatever form, of nudity,116
sexual conduct, sexual excitement, or sadomasochistic abuse, when it:117
(1)(i) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid118
interest of minors;119
(2)(ii) Is patently offensive to prevailing standards in the adult community as a whole120
with respect to what is suitable material for minors; and121
(3)(iii) Is, when taken as a whole, lacking in serious literary, artistic, political, or122
scientific value for minors; and123
(B) Includes 'sexually explicit material' excepting 'restricted material,' as such terms124
are defined in Code Section 20-2-324.7.125
(2) 'Written consent' means individual and specific consent tailored to each individual126
requirement for consent from a student's parent or permanent guardian. Written consent127
does not constitute blanket consent."128
SECTION 4.129
Said title is further amended in said part by adding a new Code Section to read as follows:130
"20-2-324.7.131
(a) As used in this Code section, the term:132
(1) 'Harmful to minors' has the meaning given to such term in Code Section 20-2-324.6.133
(2) 'Local board of education' means the local board of education of each local school134
system or other public school governing body that receives state funding under this135
article.136
(3) 'Primary instructional material' means instructional materials and content, as defined137
by the State Board of Education pursuant to Code Section 20-2-1010, and locally138
approved instructional materials and content, as defined in subsection (a) of Code Section139
20-2-1017, in any medium, including physical, electronic, visual, and audible.140
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(4) 'Restricted material' means primary instructional material or school library collection141
material that is so designated as provided in subsection (c) of this Code section142
notwithstanding whether such material is or may be sexually explicit material.143
(5) 'School library collection material' means any material in any medium, including144
physical, electronic, visual, and audible, located within or accessible from a school library145
that is available to a student or is made available to a student by school personnel.146
(6) 'Sexually explicit material' means any primary instructional material, supplementary147
instructional material, or school library collection material that describes, depicts,148
renders, or portrays in any medium, including physical, electronic, visual, and audible,149
sexually explicit conduct, as defined in Code Section 16-12-100, sadomasochistic abuse,150
as defined in Code Section 16-12-102, sexual conduct, as defined in Code Section151
16-12-102, or sexually explicit nudity, as defined by Code Section 16-12-102; provided,152
however, that such term shall not include materials of great religious or historical153
significance that do not describe, depict, render, or portray sexually explicit material in154
a patently offensive way.155
(7) 'Supplementary instructional material' means any materials other than primary156
instructional materials in any medium, including physical, electronic, visual, and audible,157
that are included, or are intended to be included, by a teacher or other school personnel158
for use as part of a classroom discussion or other classroom activity or are recommended159
by a teacher or other school personnel for review by one or more students.160
(b)(1)(A) By December 1, 2024, each local board of education shall adopt policies and161
procedures that comply with the standards established by the Georgia Council on162
Library Materials Standards as provided in subsections (c) through (e) of this Code163
section.164
(B) By August 1, 2025, and each year thereafter, each local board of education shall165
adopt or update policies and procedures that comply with any updated standards166
established by the Georgia Council on Library Materials Standards provided in167
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paragraph (2) of subsection (c), paragraph (3) of subsection (d), and paragraph (3) of168
subsection (e) of this Code section.169
(2) Beginning December 1, 2024, and continuing thereafter, no local board of education170
shall permit restricted material to:171
(A) Include material that is harmful to minors;172
(B) Be accessible by or otherwise available or disseminated in any manner to any173
student in or below grade six; or174
(C) Be accessible by or otherwise available or disseminated in any manner to any175
student in or above grade seven without written consent from such student's parent or176
permanent guardian.177
(c)(1) By August 1, 2024, the Georgia Council on Library Materials Standards shall178
establish standards for the designation of restricted material by local boards of education.179
Such standards shall include, but shall not be limited to, the following provisions:180
(A) Obscenity in any medium, including physical, electronic, visual, and audible, in181
public school primary instructional materials, supplementary instructional materials,182
and school library collection materials is not protected under the Georgia Constitution183
or the First Amendment to the United States Constitution;184
(B) Sexually explicit material shall only be designated as restricted material to the185
extent necessary:186
(i) To provide adequate and grade-appropriate primary instructional materials to187
satisfy standards established by the Georgia Council on Library Materials Standards;188
or189
(ii) For the full and rigorous implementation of curricula, or elements of a190
curriculum, that are required as part of advanced placement, international191
baccalaureate, or dual enrollment coursework; and192
(C) Sexually explicit material that is designated as restricted material shall not:193
(i) Include material that is harmful to minors;194
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(ii) Be accessible by or otherwise available or disseminated in any manner to any195
student in or below grade six; and196
(iii) Be accessible by or otherwise available or disseminated in any manner to any197
student in or above grade seven without written consent from such student's parent or198
permanent guardian.199
(2) The standards provided for in paragraph (1) of this subsection shall be reviewed and200
updated by June 1 each year by the Georgia Council on Library Materials Standards.201
(3) The Department of Education shall provide technical assistance and develop and202
promulgate model policies and procedures to aid public schools in implementing the203
standards provided for in paragraph (1) of this subsection.204
(d)(1) By August 1, 2024, the Georgia Council on Library Materials Standards shall205
establish standards for instructional materials used in any public school operated by a206
local board of education. Such standards shall include, but shall not be limited to, the207
following provisions:208
(A) Obscenity in any medium, including physical, electronic, visual, and audible, in209
public school primary or supplementary instructional materials is not protected under210
the Georgia Constitution or the First Amendment to the United States Constitution;211
(B) Each public school is permitted to exclude materials that are pervasively vulgar or212
educationally unsuitable from its primary and supplementary instructional materials;213
(C) No public school shall possess, intentionally acquire, or disseminate in any manner214
primary or supplementary instructional material that is:215
(i) Harmful to minors; or216
(ii) Sexually explicit material except to the extent that such material that is designated217
as restricted material as provided in subsection (c) of this Code section; and218
(D) Restricted materials that are included in instructional materials shall not:219
(i) Include material that is harmful to minors;220
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(ii) Be accessible by or otherwise available or disseminated in any manner to any221
student in or below grade six; and222
(iii) Be accessible by or otherwise available or disseminated in any manner to any223
student in or above grade seven without written consent from such student's parent or224
permanent guardian.225
(2) The standards provided for in paragraph (1) of this subsection shall apply to each226
public school's acceptable use policy required by Code Section 20-2-324 and any primary227
or supplementary instructional materials made available or disseminated in any manner228
by the public school to students via the internet or any internet connected device,229
including, but not limited to, online learning programs, interactive learning programs,230
e-books, and audiobooks.231
(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and232
updated by June 1 each year by the Georgia Council on Library Materials Standards.233
(4) The Department of Education shall provide technical assistance and develop and234
promulgate model policies and procedures to aid public schools in implementing the235
standards provided for in paragraph (1) of this subsection.236
(e)(1) By August 1, 2024, the Georgia Council on Library Materials Standards, in237
consultation with the Georgia Public Library Service and the Georgia Archives, shall238
establish standards for school library programs and services in any public school operated239
by a local board of education. Such standards shall include, but shall not be limited to,240
the following provisions:241
(A) Obscenity in any medium, including physical, electronic, visual, and audible, in242
public school libraries is not protected under the Georgia Constitution or the First243
Amendment to the United States Constitution;244
(B) Each public school is permitted to exclude materials that pervasively vulgar or245
educationally unsuitable from its school library collection materials;246
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(C) No public school library shall possess, intentionally acquire, or disseminate in any247
manner school library collection material that is:248
(i) Harmful to minors; or249
(ii) Sexually explicit material except to the extent that such material that is designated250
as restricted material as provided in subsection (c) of this Code section; and251
(D) Restricted materials that are included in school library collection materials:252
(i) Shall not include material that is harmful to minors;253
(ii) Shall be located and maintained in a restricted area which is not accessible by any254
student in or below grade six and which may be accessed by a student in or above255
grade seven only with written consent from such student's parent or permanent256
guardian;257
(iii) Shall not be accessible by or otherwise available or disseminated in any manner258
to any student in or below grade six; and259
(iv) Be accessible by or otherwise available or disseminated in any manner to any260
student in or above grade seven without written consent from such student's parent or261
permanent guardian.262
(2) The standards provided for in paragraph (1) of this subsection shall apply to each263
public school's acceptable use policy required by Code Section 20-2-324 and any school264
library collection materials made available or disseminated in any manner by the public265
school to students via the internet or any internet connected device, including, but not266
limited to, online learning programs, interactive learning programs, e-books, and267
audiobooks.268
(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and269
updated by June 1 each year by the Georgia Council on Library Materials Standards.270
(4) The Department of Education shall provide technical assistance and develop and271
promulgate model policies and procedures to aid public schools in implementing the272
standards provided for in paragraph (1) of this subsection.273
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(f)(1) Beginning December 1, 2024, each local board of education shall:274
(A) Not accept possession of, acquire, or recommend the acquisition of, by any means,275
any primary instructional material from any vendor unless such primary instructional276
material has a rating which indicates whether any portion of such primary instructional277
material includes sexually explicit material;278
(B) Request to receive by June 1 each year from each vendor providing primary279
instruction materials to such local board of education a list of each item provided by280
such vendor during the preceding year that includes sexually explicit materials; and281
(C) Not enter into any new or renewed contractual or other arrangement for acquiring282
primary instructional materials with any vendor that does not agree to provide:283
(i) Ratings for primary instructional materials which indicate whether any portion of284
such primary instructional material includes sexually explicit material; and285
(ii) The list provided for in paragraph (2) of this subsection.286
(2) By June 15 each year, each local board of education shall post on its public website287
a list of all primary instructional materials used during the preceding school year that288
included sexually explicit material.289
(g)(1) Beginning December 1, 2024, no school library operated by a local board of290
education shall intentionally acquire by any means sexually explicit material or material291
that is harmful to minors for inclusion in its school library collection materials.292
(2) By July 1 each year, each local board of education shall review the contents of the293
school library collection materials designated as restricted material and determine294
whether such materials shall continue to be included in the school library collection295
materials. A list of such restricted materials shall be published on the public website of296
each local board of education.297
(3) By August 1 each year, each local board of education shall provide a list to the298
Department of Education of the restricted materials that will continue to be included in299
its school library collection materials as provided in paragraph (2) of this subsection. The300
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Department of Education shall annually compile and publish such list on its public301
website.302
(h) The complaint resolution provisions of Code Section 20-2-324.6 shall apply to this303
Code section; provided, however, that, while a complaint is pending, the associated304
material shall be embargoed from use or accessibility by any student."305
SECTION 5.306
All laws and parts of laws in conflict with this Act are repealed.307
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