25 LC 61 0259S
The Senate Committee on Education and Youth offered the following
substitute to HB 127:
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated,1
relating to general provisions relative to education, so as to provide that local education2
agencies and postsecondary institutions shall not promote, support, or maintain any programs3
or activities that advocate for diversity, equity, and inclusion; to provide for exceptions; to4
provide for sanctions; to provide for definitions; to provide for related matters; to provide for5
an effective date and applicability; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to9
general provisions relative to education, is amended by adding a new Code section to read10
as follows:11
"20-1-12.12
(a) As used in this Code section, the term:13
(1) 'Local education agency' shall have the same meaning as set forth in Code14
Section 20-2-167.1.15
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(2) 'Multiple occupancy restroom or changing area' means an area in a facility owned or16
operated by a local education agency or a postsecondary institution that is designed or17
designated to be used by one or more individuals of the same sex at the same time and18
in which one or more individuals may be in various stages of undress in the presence of19
other individuals. Such term includes, but shall not be limited to:20
(A) Restrooms;21
(B) Locker rooms;22
(C) Changing rooms; and23
(D) Shower rooms.24
(3) 'Postsecondary institution' means:25
(A) An institution of the University System of Georgia; or26
(B) A unit of the Technical College System of Georgia.27
(b) No local education agency or postsecondary institution shall promote, support, or28
maintain any programs or activities that advocate for diversity, equity, and inclusion. 29
Diversity, equity, and inclusion includes:30
(1) Any effort to promote the different treatment of, or provide special benefits to,31
individuals on the basis of race, color, sex, ethnicity, national origin, gender identity, or32
sexual orientation;33
(2) Any effort to promote or promulgate policies and procedures designed or34
implemented with reference to race, color, sex, ethnicity, national origin, gender identity,35
or sexual orientation;36
(3) Any effort to promote or promulgate any training, programming, recruitment,37
retention, or activities designed or implemented with preferential treatment of any race,38
color, sex, ethnicity, national origin, gender identity, or sexual orientation over another;39
(4) Any effort to promote or promulgate any training, programming, or activities40
designed or implemented with reference to race, color, ethnicity, gender identity, or41
sexual orientation; and42
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(5) With respect to a postsecondary institution, any effort to promote, as the official43
position of the postsecondary institution, a particular, widely contested opinion44
referencing unconscious or implicit bias, cultural appropriation, allyship, gender ideology45
or theory, microaggressions, group marginalization, Antiracism, systemic oppression,46
social justice, intersectionality, neopronouns, heteronormativity, disparate impact, racial47
privilege, sexual privilege, or any similar or related formulation of these concepts.48
(c) The provisions of subsection (b) of this Code section shall not apply to any policy, rule,49
regulation, or practice adopted or enforced by a local education agency or postsecondary50
institution relating to an interscholastic or intercollegiate athletics program or to the design,51
designation, or use of a multiple occupancy restroom or changing area.52
(d) Any postsecondary institution that violates subsection (b) of this Code section shall be53
subject to the withholding of state funding or state administered federal funding. Such54
withholding of state funding or state administered federal funding shall include funds55
provided to the postsecondary institution directly as well as funding for scholarships, loans,56
and grants pursuant to Chapter 3 of this title for students of such postsecondary institution.57
(e) The State Board of Education shall be authorized to withhold a portion of state funding58
to a local education agency pursuant to Code Section 20-2-243 if such local education59
agency violates subsection (b) of this Code section.60
(f) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for61
a strategic waivers school system, Code Section 20-2-2063.2 or 20-2-2065 for a charter62
system, Code Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a63
completion special school, or Code Section 20-2-244.64
(g) Nothing in this Code section shall be construed so as to prohibit compliance with any65
applicable state or federal antidiscrimination law."66
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SECTION 2.67
This Act shall become effective on July 1, 2025, and shall apply beginning with the68
2025-2026 school year with respect to local education agencies and the 2025-2026 academic69
year with respect to postsecondary institutions.70
SECTION 3.71
All laws and parts of laws in conflict with this Act are repealed.72
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