GA
Georgia Senate Bill SB394

Georgia 2023-2024 Regular Session

Georgia Senate Bill SB394 Compare Versions

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1-24 LC 49 1838S
2-The Senate Committee on Education and Youth offered the following
3-substitute to SB 394:
1+24 LC 49 1586
2+Senate Bill 394
3+By: Senators Dixon of the 45th, Anavitarte of the 31st, Robertson of the 29th, Kennedy of
4+the 18th, Hickman of the 4th and others
45 A BILL TO BE ENTITLED
56 AN ACT
6-To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1
7-enact the "Clean Libraries Act"; to establish and provide for the Georgia Council on Library2
8-Materials Standards; to provide for definitions, including definitions for the terms "harmful3
9-to minors," "restricted materials," and "sexually explicit materials"; to require the Georgia4
10-Council on Library Materials Standards to establish standards for the designation of restricted5
11-materials by local boards of education, standards for the use and restriction of instructional6
12-materials, and standards for the use and restriction of public school library collection7
13-materials; to require the Georgia Council on Library Materials Standards to annually update8
14-such standards; to require the Department of Education to provide technical support to local9
15-boards of education for implementing such standards; to require local boards of education10
16-to adopt and annually update policies and procedures that comply with such standards; to11
17-provide for certain instructional materials to include ratings which indicate whether any12
18-portion of such material includes sexually explicit material; to prohibit local boards of13
19-education from acquiring instructional materials from vendors who do not provide such14
20-ratings and other required information; to require local boards of education to periodically15
21-publish lists of instructional materials that include sexually explicit materials; to require16
22-periodic review of restricted materials in public school library collection materials and17
23-determination of what restricted materials should be retained; to require local boards of18
24-- 1 - 24 LC 49 1838S
25-education to periodically provide to the Department of Education a list of restricted materials19
26-included in its school library collection materials; to require the Department of Education to20
27-publish such lists; to provide that existing complaint resolution policies for materials that are21
28-harmful to minors shall apply, subject to an embargo provision; to revise and expand the22
29-definition of "harmful to minors" regarding the complaint resolution policy for materials that23
30-are harmful to minors; to provide for related matters; to repeal conflicting laws; and for other24
31-purposes.25
7+To amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
8+1
9+Annotated, relating to miscellaneous provisions of the "Quality Basic Education Act," so as2
10+to enact the "Restricting Explicit and Adult-designated Educational Resources (READER)3
11+Act"; to provide for definitions, including definitions for the terms "harmful to minors,"4
12+"restricted materials," and "sexually explicit materials"; to require the State Board of5
13+Education to establish standards for the designation of restricted materials by local boards6
14+of education, standards for the use and restriction of instructional materials, and standards7
15+for the use and restriction of public school library collection materials; to require the State8
16+Board of Education to annually update such standards; to require the Department of9
17+Education to provide technical support to local boards of education for implementing such10
18+standards; to require local boards of education to adopt and annually update policies and11
19+procedures that comply with such standards; to provide for certain instructional materials to12
20+include ratings which indicate whether any portion of such material includes sexually explicit13
21+material; to prohibit local boards of education from acquiring instructional materials from14
22+vendors who do not provide such ratings and other required information; to require local15
23+boards of education to periodically publish lists of instructional materials that include16
24+sexually explicit materials; to require periodic review of restricted materials in public school17
25+library collection materials and determination of what restricted materials should be retained;18
26+to require local boards of education to periodically provide to the Department of Education19
27+S. B. 394
28+- 1 - 24 LC 49 1586
29+a list of restricted materials included in its school library collection materials; to require the
30+20
31+Department of Education to publish such lists; to provide that existing complaint resolution21
32+policies for materials that are harmful to minors shall apply, subject to an embargo provision;22
33+to revise and expand the definition of "harmful to minors" regarding the complaint resolution23
34+policy for materials that are harmful to minors; to provide for related matters; to repeal24
35+conflicting laws; and for other purposes.25
3236 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:26
3337 SECTION 1.27
34-This Act shall be known and may be cited as the "Clean Libraries Act."28
35-SECTION 2.29
36-Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in30
37-Chapter 1, relating to general provisions, by adding a new article to read as follows:31
38-"ARTICLE 532
39-20-1-50.33
40-As used in this article, the term 'council' means the Georgia Council on Library Materials34
41-Standards established under this article.35
42-20-1-51.36
43-(a) There is established the Georgia Council on Library Materials Standards for the37
44-purpose of establishing standards for school library programs and services in any public38
45-school operated by a local board of education, for instructional materials used in any public39
46-- 2 - 24 LC 49 1838S
47-school operated by a local board of education, and for the designation of restricted material40
48-by local boards of education.41
49-(b) The council shall work in partnership with the State Board of Education and the42
50-Department of Education to implement the requirements of Code Section 20-2-324.7.43
51-20-1-52.44
52-(a)(1) The council shall be composed of ten members as follows:45
53-(A) Four members appointed by the Governor;46
54-(B) Two members appointed by the Lieutenant Governor;47
55-(C) Two members appointed by the Speaker of the House of Representatives;48
56-(D) One member appointed by the Leader of the house of Representatives minority49
57-caucus; and50
58-(E) One member appointed by the Leader of the Senate minority caucus.51
59-(2) No more than two members of the council shall be current or former employees of52
60-the Department of Education or a local education agency, as such term is defined in Code53
61-Section 20-2-167.1, and no more than three members shall have any current or former54
62-contractual, legal, or other official affiliation with the Department of Education or a local55
63-education agency.56
64-(b) Each nonlegislative member of the council shall be appointed to serve until his or her57
65-successor is duly appointed. Legislative members of the council shall serve until58
66-completion of their current terms of office. Any member may be appointed to succeed59
67-himself or herself on the council. If a member of the council is an elected or appointed60
68-official, such member, or his or her designee, shall be removed from the council if such61
69-member no longer serves as such elected or appointed official.62
70-(c) The council shall elect a chairperson from among its members and may elect other63
71-officers as it deems necessary. The chairperson of the council may designate and appoint64
72-committees from among the membership of the council as well as appoint other persons65
73-- 3 - 24 LC 49 1838S
74-to perform such functions as he or she may determine to be necessary as relevant to and66
75-consistent with this article. The chairperson shall only vote to break a tie.67
76-(d) The council shall be attached for administrative purposes only to the Department of68
77-Education. The Department of Education shall provide staff support for the council and69
78-shall hire an individual to serve as special advisor to the council who shall be responsible70
79-for coordination of such staff support and for working in coordination with stakeholder71
80-agencies and other interested parties. The Department of Education shall use any funds72
81-specifically appropriated to support the work of the council for such purpose.73
82-20-1-53.74
83-(a) The council may conduct meetings at such places and times as it deems necessary or75
84-convenient to enable it to fully and effectively exercise its powers, perform its duties, and76
85-accomplish the objectives and purposes of this article; provided, however, that the council77
86-shall meet not less than four times per year. The council shall hold meetings at the call of78
87-the chairperson.79
88-(b) A quorum for transacting business shall be a majority of the members of the council.80
89-(c) Legislative members of the council shall receive the allowances provided for in Code81
90-Section 28-1-8. Nonlegislative members of the council shall receive a daily expense82
91-allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the83
92-mileage or transportation allowance authorized for state employees. Members of the84
93-council who are state officials, other than legislative members, or state employees shall85
94-receive no compensation for their services on the council, but shall be reimbursed for86
95-expenses incurred by them in the performance of their duties as members of the council in87
96-the same manner as they are reimbursed for expenses in their capacities as state officials88
97-or state employees. The funds necessary for the reimbursement of the expenses of state89
98-officials, other than legislative members, and state employees shall come from funds90
99-appropriated to or otherwise available to their respective departments. All other funds91
100-- 4 - 24 LC 49 1838S
101-necessary to carry out the provisions of this article shall come from funds appropriated to92
102-the Senate and the House of Representatives.93
103-20-1-54.94
104-The council shall be authorized to:95
105-(1) Request and receive data from and review the records of appropriate state and local96
106-agencies to the greatest extent allowed by state and federal law;97
107-(2) Seek and accept public or private grants, devises, and bequests;98
108-(3) Enter into contracts or agreements through the council's chairperson necessary or99
109-incidental to the performance of its duties;100
110-(4) Establish rules and procedures for conducting the business of the council;101
111-(5) Conduct studies, hold public meetings, collect data, or take any other action the102
112-council deems necessary to fulfill its responsibilities; and103
113-(6) Retain the services of attorneys, consultants, subject matter experts, economists,104
114-budget analysts, data analysts, statisticians, and other individuals or organizations as105
115-deemed appropriate by the council. Such services may be obtained through a request for106
116-proposal process conducted through the Office of Planning and Budget; provided,107
117-however, that any final selection shall be approved by the council."108
118-SECTION 3.109
119-Said title is further amended in Part 15 of Article 6 of Chapter 2, relating to miscellaneous110
120-provisions of the "Quality Basic Education Act," by revising subsection (a) of Code Section111
121-20-2-324.6, relating to complaint resolution policy for materials "harmful to minors," as112
122-follows:113
123-"(a) As used in this Code section, the term:114
124-(1) 'Harmful 'harmful to minors' means:115
125-- 5 - 24 LC 49 1838S
126-(A) Means that quality of description or representation, in whatever form, of nudity,116
127-sexual conduct, sexual excitement, or sadomasochistic abuse, when it:117
128-(1)(i) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid118
129-interest of minors;119
130-(2)(ii) Is patently offensive to prevailing standards in the adult community as a whole120
131-with respect to what is suitable material for minors; and121
132-(3)(iii) Is, when taken as a whole, lacking in serious literary, artistic, political, or122
133-scientific value for minors; and123
134-(B) Includes 'sexually explicit material' excepting 'restricted material,' as such terms124
135-are defined in Code Section 20-2-324.7.125
136-(2) 'Written consent' means individual and specific consent tailored to each individual126
137-requirement for consent from a student's parent or permanent guardian. Written consent127
138-does not constitute blanket consent."128
139-SECTION 4.129
140-Said title is further amended in said part by adding a new Code Section to read as follows:130
141-"20-2-324.7.131
142-(a) As used in this Code section, the term:132
143-(1) 'Harmful to minors' has the meaning given to such term in Code Section 20-2-324.6.133
144-(2) 'Local board of education' means the local board of education of each local school134
145-system or other public school governing body that receives state funding under this135
146-article.136
147-(3) 'Primary instructional material' means instructional materials and content, as defined137
148-by the State Board of Education pursuant to Code Section 20-2-1010, and locally138
149-approved instructional materials and content, as defined in subsection (a) of Code Section139
150-20-2-1017, in any medium, including physical, electronic, visual, and audible.140
151-- 6 - 24 LC 49 1838S
152-(4) 'Restricted material' means primary instructional material or school library collection141
153-material that is so designated as provided in subsection (c) of this Code section142
154-notwithstanding whether such material is or may be sexually explicit material.143
155-(5) 'School library collection material' means any material in any medium, including144
156-physical, electronic, visual, and audible, located within or accessible from a school library145
157-that is available to a student or is made available to a student by school personnel.146
158-(6) 'Sexually explicit material' means any primary instructional material, supplementary147
159-instructional material, or school library collection material that describes, depicts,148
160-renders, or portrays in any medium, including physical, electronic, visual, and audible,149
161-sexually explicit conduct, as defined in Code Section 16-12-100, sadomasochistic abuse,150
162-as defined in Code Section 16-12-102, sexual conduct, as defined in Code Section151
163-16-12-102, or sexually explicit nudity, as defined by Code Section 16-12-102; provided,152
164-however, that such term shall not include materials of great religious or historical153
165-significance that do not describe, depict, render, or portray sexually explicit material in154
166-a patently offensive way.155
167-(7) 'Supplementary instructional material' means any materials other than primary156
168-instructional materials in any medium, including physical, electronic, visual, and audible,157
169-that are included, or are intended to be included, by a teacher or other school personnel158
170-for use as part of a classroom discussion or other classroom activity or are recommended159
171-by a teacher or other school personnel for review by one or more students.160
172-(b)(1)(A) By December 1, 2024, each local board of education shall adopt policies and161
173-procedures that comply with the standards established by the Georgia Council on162
174-Library Materials Standards as provided in subsections (c) through (e) of this Code163
175-section.164
176-(B) By August 1, 2025, and each year thereafter, each local board of education shall165
177-adopt or update policies and procedures that comply with any updated standards166
178-established by the Georgia Council on Library Materials Standards provided in167
179-- 7 - 24 LC 49 1838S
180-paragraph (2) of subsection (c), paragraph (3) of subsection (d), and paragraph (3) of168
181-subsection (e) of this Code section.169
182-(2) Beginning December 1, 2024, and continuing thereafter, no local board of education170
183-shall permit restricted material to:171
184-(A) Include material that is harmful to minors;172
185-(B) Be accessible by or otherwise available or disseminated in any manner to any173
186-student in or below grade six; or174
187-(C) Be accessible by or otherwise available or disseminated in any manner to any175
188-student in or above grade seven without written consent from such student's parent or176
189-permanent guardian.177
190-(c)(1) By August 1, 2024, the Georgia Council on Library Materials Standards shall178
191-establish standards for the designation of restricted material by local boards of education.179
192-Such standards shall include, but shall not be limited to, the following provisions:180
193-(A) Obscenity in any medium, including physical, electronic, visual, and audible, in181
194-public school primary instructional materials, supplementary instructional materials,182
195-and school library collection materials is not protected under the Georgia Constitution183
196-or the First Amendment to the United States Constitution;184
197-(B) Sexually explicit material shall only be designated as restricted material to the185
198-extent necessary:186
199-(i) To provide adequate and grade-appropriate primary instructional materials to187
200-satisfy standards established by the Georgia Council on Library Materials Standards;188
201-or189
202-(ii) For the full and rigorous implementation of curricula, or elements of a190
203-curriculum, that are required as part of advanced placement, international191
204-baccalaureate, or dual enrollment coursework; and192
205-(C) Sexually explicit material that is designated as restricted material shall not:193
206-(i) Include material that is harmful to minors;194
207-- 8 - 24 LC 49 1838S
208-(ii) Be accessible by or otherwise available or disseminated in any manner to any195
209-student in or below grade six; and196
210-(iii) Be accessible by or otherwise available or disseminated in any manner to any197
211-student in or above grade seven without written consent from such student's parent or198
212-permanent guardian.199
213-(2) The standards provided for in paragraph (1) of this subsection shall be reviewed and200
214-updated by June 1 each year by the Georgia Council on Library Materials Standards.201
215-(3) The Department of Education shall provide technical assistance and develop and202
216-promulgate model policies and procedures to aid public schools in implementing the203
217-standards provided for in paragraph (1) of this subsection.204
218-(d)(1) By August 1, 2024, the Georgia Council on Library Materials Standards shall205
219-establish standards for instructional materials used in any public school operated by a206
220-local board of education. Such standards shall include, but shall not be limited to, the207
221-following provisions:208
222-(A) Obscenity in any medium, including physical, electronic, visual, and audible, in209
223-public school primary or supplementary instructional materials is not protected under210
224-the Georgia Constitution or the First Amendment to the United States Constitution;211
225-(B) Each public school is permitted to exclude materials that are pervasively vulgar or212
226-educationally unsuitable from its primary and supplementary instructional materials;213
227-(C) No public school shall possess, intentionally acquire, or disseminate in any manner214
228-primary or supplementary instructional material that is:215
229-(i) Harmful to minors; or216
230-(ii) Sexually explicit material except to the extent that such material that is designated217
231-as restricted material as provided in subsection (c) of this Code section; and218
232-(D) Restricted materials that are included in instructional materials shall not:219
233-(i) Include material that is harmful to minors;220
234-- 9 - 24 LC 49 1838S
235-(ii) Be accessible by or otherwise available or disseminated in any manner to any221
236-student in or below grade six; and222
237-(iii) Be accessible by or otherwise available or disseminated in any manner to any223
238-student in or above grade seven without written consent from such student's parent or224
239-permanent guardian.225
240-(2) The standards provided for in paragraph (1) of this subsection shall apply to each226
241-public school's acceptable use policy required by Code Section 20-2-324 and any primary227
242-or supplementary instructional materials made available or disseminated in any manner228
243-by the public school to students via the internet or any internet connected device,229
244-including, but not limited to, online learning programs, interactive learning programs,230
245-e-books, and audiobooks.231
246-(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and232
247-updated by June 1 each year by the Georgia Council on Library Materials Standards.233
248-(4) The Department of Education shall provide technical assistance and develop and234
249-promulgate model policies and procedures to aid public schools in implementing the235
250-standards provided for in paragraph (1) of this subsection.236
251-(e)(1) By August 1, 2024, the Georgia Council on Library Materials Standards, in237
252-consultation with the Georgia Public Library Service and the Georgia Archives, shall238
253-establish standards for school library programs and services in any public school operated239
254-by a local board of education. Such standards shall include, but shall not be limited to,240
255-the following provisions:241
256-(A) Obscenity in any medium, including physical, electronic, visual, and audible, in242
257-public school libraries is not protected under the Georgia Constitution or the First243
258-Amendment to the United States Constitution;244
259-(B) Each public school is permitted to exclude materials that pervasively vulgar or245
260-educationally unsuitable from its school library collection materials;246
261-- 10 - 24 LC 49 1838S
262-(C) No public school library shall possess, intentionally acquire, or disseminate in any247
263-manner school library collection material that is:248
264-(i) Harmful to minors; or249
265-(ii) Sexually explicit material except to the extent that such material that is designated250
266-as restricted material as provided in subsection (c) of this Code section; and251
267-(D) Restricted materials that are included in school library collection materials:252
268-(i) Shall not include material that is harmful to minors;253
269-(ii) Shall be located and maintained in a restricted area which is not accessible by any254
270-student in or below grade six and which may be accessed by a student in or above255
271-grade seven only with written consent from such student's parent or permanent256
272-guardian;257
273-(iii) Shall not be accessible by or otherwise available or disseminated in any manner258
274-to any student in or below grade six; and259
275-(iv) Be accessible by or otherwise available or disseminated in any manner to any260
276-student in or above grade seven without written consent from such student's parent or261
277-permanent guardian.262
278-(2) The standards provided for in paragraph (1) of this subsection shall apply to each263
279-public school's acceptable use policy required by Code Section 20-2-324 and any school264
280-library collection materials made available or disseminated in any manner by the public265
281-school to students via the internet or any internet connected device, including, but not266
282-limited to, online learning programs, interactive learning programs, e-books, and267
283-audiobooks.268
284-(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and269
285-updated by June 1 each year by the Georgia Council on Library Materials Standards.270
286-(4) The Department of Education shall provide technical assistance and develop and271
287-promulgate model policies and procedures to aid public schools in implementing the272
288-standards provided for in paragraph (1) of this subsection.273
289-- 11 - 24 LC 49 1838S
290-(f)(1) Beginning December 1, 2024, each local board of education shall:274
291-(A) Not accept possession of, acquire, or recommend the acquisition of, by any means,275
292-any primary instructional material from any vendor unless such primary instructional276
293-material has a rating which indicates whether any portion of such primary instructional277
294-material includes sexually explicit material;278
295-(B) Request to receive by June 1 each year from each vendor providing primary279
296-instruction materials to such local board of education a list of each item provided by280
297-such vendor during the preceding year that includes sexually explicit materials; and281
298-(C) Not enter into any new or renewed contractual or other arrangement for acquiring282
299-primary instructional materials with any vendor that does not agree to provide:283
300-(i) Ratings for primary instructional materials which indicate whether any portion of284
301-such primary instructional material includes sexually explicit material; and285
302-(ii) The list provided for in paragraph (2) of this subsection.286
303-(2) By June 15 each year, each local board of education shall post on its public website287
304-a list of all primary instructional materials used during the preceding school year that288
305-included sexually explicit material.289
306-(g)(1) Beginning December 1, 2024, no school library operated by a local board of290
307-education shall intentionally acquire by any means sexually explicit material or material291
308-that is harmful to minors for inclusion in its school library collection materials.292
309-(2) By July 1 each year, each local board of education shall review the contents of the293
310-school library collection materials designated as restricted material and determine294
311-whether such materials shall continue to be included in the school library collection295
312-materials. A list of such restricted materials shall be published on the public website of296
313-each local board of education.297
314-(3) By August 1 each year, each local board of education shall provide a list to the298
315-Department of Education of the restricted materials that will continue to be included in299
316-its school library collection materials as provided in paragraph (2) of this subsection. The300
317-- 12 - 24 LC 49 1838S
318-Department of Education shall annually compile and publish such list on its public301
319-website.302
320-(h) The complaint resolution provisions of Code Section 20-2-324.6 shall apply to this303
321-Code section; provided, however, that, while a complaint is pending, the associated304
322-material shall be embargoed from use or accessibility by any student."305
323-SECTION 5.306
324-All laws and parts of laws in conflict with this Act are repealed.307
325-- 13 -
38+This Act shall be known and may be cited as the "Restricting Explicit and Adult-designated28
39+Educational Resources (READER) Act."29
40+SECTION 2.30
41+Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,31
42+relating to miscellaneous provisions of the "Quality Basic Education Act," is amended by32
43+revising subsection (a) of Code Section 20-2-324.6, relating to complaint resolution policy33
44+for materials "harmful to minors," as follows:34
45+"(a) As used in this Code section, 'harmful to minors' means
46+:35
47+(1) Means that quality of description or representation, in whatever form, of nudity,36
48+sexual conduct, sexual excitement, or sadomasochistic abuse, when it:37
49+(1)(A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid38
50+interest of minors;39
51+(2)(B) Is patently offensive to prevailing standards in the adult community as a whole40
52+with respect to what is suitable material for minors; and41
53+(3)(C) Is, when taken as a whole, lacking in serious literary, artistic, political, or42
54+scientific value for minors; and43
55+S. B. 394
56+- 2 - 24 LC 49 1586
57+(2) Includes 'sexually explicit material' excepting 'restricted material,' as such terms are44
58+defined in Code Section 20-2-324.7."45
59+SECTION 3.46
60+Said part is further amended by adding a new Code Section to read as follows:47
61+"20-2-324.7.48
62+(a) As used in this Code section, the term:49
63+(1) 'Harmful to minors' has the meaning given to such term in Code Section 20-2-324.6.50
64+(2) 'Local board of education' means the local board of education of each local school51
65+system or other public school governing body that receives state funding under this52
66+article.53
67+(3) 'Primary instructional material' means instructional materials and content, as defined54
68+by the State Board of Education pursuant to Code Section 20-2-1010, and locally55
69+approved instructional materials and content, as defined in subsection (a) of Code Section56
70+20-2-1017, in any medium, including physical, electronic, visual, and audible.57
71+(4) 'Restricted material' means primary instructional material or school library collection58
72+material that is so designated as provided in subsection (c) of this Code section59
73+notwithstanding whether such material is or may be sexually explicit material.60
74+(5) 'School library collection material' means any material in any medium, including61
75+physical, electronic, visual, and audible, located within or accessible from a school library62
76+that is available to a student or is made available to a student by school personnel.63
77+(6) 'Sexually explicit material' means any primary instructional material, supplementary64
78+instructional material, or school library collection material that describes, depicts,65
79+renders, or portrays in any medium, including physical, electronic, visual, and audible,66
80+sexually explicit conduct, as defined in Code Section 16-12-100, sadomasochistic abuse,67
81+as defined in Code Section 16-12-102, sexual conduct, as defined in Code Section68
82+16-12-102, or sexually explicit nudity, as defined by Code Section 16-12-102; provided,69
83+S. B. 394
84+- 3 - 24 LC 49 1586
85+however, that such term shall not include materials of great religious or historical70
86+significance that do not describe, depict, render, or portray sexually explicit material in71
87+a patently offensive way.72
88+(7) 'Supplementary instructional material' means any materials other than primary73
89+instructional materials in any medium, including physical, electronic, visual, and audible,74
90+that are included, or are intended to be included, by a teacher or other school personnel75
91+for use as part of a classroom discussion or other classroom activity or are recommended76
92+by a teacher or other school personnel for review by one or more students.77
93+(b)(1)(A) By December 1, 2024, each local board of education shall adopt policies and78
94+procedures that comply with the standards established by the State Board of Education79
95+as provided in subsections (c) through (e) of this Code section.80
96+(B) By August 1, 2025, and each year thereafter, each local board of education shall81
97+adopt or update policies and procedures that comply with any updated standards82
98+established by the State Board of Education as provided in paragraph (2) of subsection83
99+(c), paragraph (3) of subsection (d), and paragraph (3) of subsection (e) of this Code84
100+section.85
101+(2) Beginning December 1, 2024, and continuing thereafter, no local board of education86
102+shall permit restricted material to:87
103+(A) Include material that is harmful to minors;88
104+(B) Be accessible by or otherwise available or disseminated in any manner to any89
105+student in or below grade six; or90
106+(C) Be accessible by or otherwise available or disseminated in any manner to any91
107+student in or above grade seven without written consent from such student's parent or92
108+permanent guardian.93
109+(c)(1) By August 1, 2024, the State Board of Education shall establish standards for the94
110+designation of restricted material by local boards of education. Such standards shall95
111+include, but shall not be limited to, the following provisions:96
112+S. B. 394
113+- 4 - 24 LC 49 1586
114+(A) Obscenity in any medium, including physical, electronic, visual, and audible, in97
115+public school primary instructional materials, supplementary instructional materials,98
116+and school library collection materials is not protected under the Georgia Constitution99
117+or the First Amendment to the United States Constitution;100
118+(B) Sexually explicit material shall only be designated as restricted material to the101
119+extent necessary:102
120+(i) To provide adequate and grade-appropriate primary instructional materials to103
121+satisfy standards established by the State Board of Education; or 104
122+(ii) For the full and rigorous implementation of curricula, or elements of a105
123+curriculum, that are required as part of advanced placement, international106
124+baccalaureate, or dual enrollment coursework;107
125+(C) Sexually explicit material that is designated as restricted material shall not:108
126+(i) Include material that is harmful to minors;109
127+(ii) Be accessible by or otherwise available or disseminated in any manner to any110
128+student in or below grade six; and111
129+(iii) Be accessible by or otherwise available or disseminated in any manner to any112
130+student in or above grade seven without written consent from such student's parent or113
131+permanent guardian.114
132+(2) The standards provided for in paragraph (1) of this subsection shall be reviewed and115
133+updated by June 1 each year by the State Board of Education.116
134+(3) The Department of Education shall provide technical assistance and develop and117
135+promulgate model policies and procedures to aid public schools in implementing the118
136+standards provided for in paragraph (1) of this subsection.119
137+(d)(1) By August 1, 2024, the State Board of Education shall establish standards for120
138+instructional materials used in any public school operated by a local board of education.121
139+Such standards shall include, but shall not be limited to, the following provisions:122
140+S. B. 394
141+- 5 - 24 LC 49 1586
142+(A) Obscenity in any medium, including physical, electronic, visual, and audible, in123
143+public school primary or supplementary instructional materials is not protected under124
144+the Georgia Constitution or the First Amendment to the United States Constitution;125
145+(B) Each public school is permitted to exclude materials that are pervasively vulgar or126
146+educationally unsuitable from its primary and supplementary instructional materials;127
147+(C) No public school shall possess, acquire, or disseminate in any manner primary or128
148+supplementary instructional material that is:129
149+(i) Harmful to minors; or130
150+(ii) Sexually explicit material except to the extent that such material that is designated131
151+as restricted material as provided in subsection (c) of this Code section; and132
152+(D) Restricted materials that are included in instructional materials shall not:133
153+(i) Include material that is harmful to minors;134
154+(ii) Be accessible by or otherwise available or disseminated in any manner to any135
155+student in or below grade six; and136
156+(iii) Be accessible by or otherwise available or disseminated in any manner to any137
157+student in or above grade seven without written consent from such student's parent or138
158+permanent guardian.139
159+(2) The standards provided for in paragraph (1) of this subsection shall apply to each140
160+public school's acceptable use policy required by Code Section 20-2-324 and any primary141
161+or supplementary instructional materials made available or disseminated in any manner142
162+by the public school to students via the internet or any internet connected device,143
163+including, but not limited to, online learning programs, interactive learning programs,144
164+e-books, and audiobooks.145
165+(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and146
166+updated by June 1 each year by the State Board of Education.147
167+S. B. 394
168+- 6 - 24 LC 49 1586
169+(4) The Department of Education shall provide technical assistance and develop and148
170+promulgate model policies and procedures to aid public schools in implementing the149
171+standards provided for in paragraph (1) of this subsection.150
172+(e)(1) By August 1, 2024, the State Board of Education, in consultation with the Georgia151
173+Public Library Service and the Georgia Archives, shall establish standards for school152
174+library programs and services in any public school operated by a local board of education.153
175+Such standards shall include, but shall not be limited to, the following provisions:154
176+(A) Obscenity in any medium, including physical, electronic, visual, and audible, in155
177+public school libraries is not protected under the Georgia Constitution or the First156
178+Amendment to the United States Constitution;157
179+(B) Each public school is permitted to exclude materials that pervasively vulgar or158
180+educationally unsuitable from its school library collection materials;159
181+(C) No public school library shall possess, acquire, or disseminate in any manner160
182+school library collection material that is:161
183+(i) Harmful to minors; or162
184+(ii) Sexually explicit material except to the extent that such material that is designated163
185+as restricted material as provided in subsection (c) of this Code section; and164
186+(D) Restricted materials that are included in school library collection materials:165
187+(i) Shall not include material that is harmful to minors;166
188+(ii) Shall be located and maintained in a restricted area which is not accessible by any167
189+student in or below grade six and which may be accessed by a student in or above168
190+grade seven only with written consent from such student's parent or permanent169
191+guardian;170
192+(iii) Shall not be accessible by or otherwise available or disseminated in any manner171
193+to any student in or below grade six; and172
194+S. B. 394
195+- 7 - 24 LC 49 1586
196+(iv) Be accessible by or otherwise available or disseminated in any manner to any173
197+student in or above grade seven without written consent from such student's parent or174
198+permanent guardian.175
199+(2) The standards provided for in paragraph (1) of this subsection shall apply to each176
200+public school's acceptable use policy required by Code Section 20-2-324 and any school177
201+library collection materials made available or disseminated in any manner by the public178
202+school to students via the internet or any internet connected device, including, but not179
203+limited to, online learning programs, interactive learning programs, e-books, and180
204+audiobooks.181
205+(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and182
206+updated by June 1 each year by the State Board of Education.183
207+(4) The Department of Education shall provide technical assistance and develop and184
208+promulgate model policies and procedures to aid public schools in implementing the185
209+standards provided for in paragraph (1) of this subsection.186
210+(f)(1) Beginning December 1, 2024, each local board of education shall:187
211+(A) Not accept possession of, acquire, or recommend the acquisition of, by any means,188
212+any primary instructional material from any vendor unless such primary instructional189
213+material has a rating which indicates whether any portion of such primary instructional190
214+material includes sexually explicit material;191
215+(B) Request to receive by June 1 each year from each vendor providing primary192
216+instruction materials to such local board of education a list of each item provided by193
217+such vendor during the preceding year that includes sexually explicit materials; and194
218+(C) Not enter into any new or renewed contractual or other arrangement for acquiring195
219+primary instructional materials with any vendor that does not agree to provide:196
220+(i) Ratings for primary instructional materials which indicate whether any portion of197
221+such primary instructional material includes sexually explicit material; and198
222+(ii) The list provided for in paragraph (2) of this subsection.199
223+S. B. 394
224+- 8 - 24 LC 49 1586
225+(2) By June 15 each year, each local board of education shall post on its public website200
226+a list of all primary instructional materials used during the preceding school year that201
227+included sexually explicit material.202
228+(g)(1) Beginning December 1, 2024, no school library operated by a local board of203
229+education shall acquire by any means sexually explicit material or material that is harmful204
230+to minors for inclusion in its school library collections material.205
231+(2) By July 1 each year, each local board of education shall review the contents of the206
232+school library collection materials designated as restricted material and determine207
233+whether such materials shall continue to be included in the school library collection208
234+materials. A list of such restricted materials shall be published on the public website of209
235+each local board of education.210
236+(3) By August 1 each year, each local board of education shall provide a list to the211
237+Department of Education of the restricted materials that will continue to be included in212
238+its school library collection materials as provided in paragraph (2) of this subsection. The213
239+Department of Education shall annually compile and publish such list on its public214
240+website.215
241+(h) The complaint resolution provisions of Code Section 20-2-324.6 shall apply to this216
242+Code section; provided, however, that, while a complaint is pending, the associated217
243+material shall be embargoed from use or accessibility by any student."218
244+SECTION 4.219
245+All laws and parts of laws in conflict with this Act are repealed.220
246+S. B. 394
247+- 9 -