25 LC 49 2330S
The House Committee on Education offers the following substitute to HB 133:
A BILL TO BE ENTITLED
AN ACT
To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of1
Georgia Annotated, relating to compulsory attendance, so as to provide for public school2
students to be permitted to attend courses in religious moral instruction provided by a person3
or organization independently of a public school, subject to certain conditions; to provide for4
such conditions; to provide for students to receive academic credit for such courses; to5
require local education agencies to adopt certain policies; to prohibit students who participate6
in such courses from being counted as absent from school; to provide for responsibilities of7
the Department of Education; to require criminal records checks; to provide for immunity;8
to provide for definitions; to provide for a short title; to provide for related matters; to9
provide for an effective date; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
This Act shall be known and may be cited as the "Student Character Development Act."13
H. B. 133 (SUB)
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SECTION 2.14
Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia15
Annotated, relating to compulsory attendance, is amended by adding a new Code section to16
read as follows:17
"20-2-692.4.18
(a) As used in this Code section, the term:19
(1) 'Local education agency' shall have the same meaning as in Code Section 20-2-167.1.20
(2) 'Released time course' means a course in religious moral instruction provided by a21
person or organization independently of a public school.22
(b) Each local education agency may adopt a policy that permits all students to be excused23
from school to attend a released time course for at least one hour per school week. Such24
policy shall require that:25
(1) The student's parent or legal guardian gives written consent for the student to attend26
the released time course;27
(2) The person or organization sponsoring the released time course maintains attendance28
records and makes such records available to the officials of the school in which the29
student is enrolled;30
(3)(A) Transportation to and from the location of the released time course, including31
transportation for students with disabilities, is the responsibility of the student or his or32
her parent or legal guardian; and33
(B) If the person or organization sponsoring the released time course is to provide34
student transportation from school, appropriate consent shall be provided by the35
student's parent or legal guardian;36
(4) The person or organization sponsoring the released time course verifies to the local37
education agency that such person or organization assumes full responsibility for the38
student at all times such student is participating in a released time course activity,39
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including, but not limited to, transportation provided by such person or organization to40
and from such activity;41
(5) Except as necessary to award academic credit for the completion of a released time42
course, as provided for in subsection (d) of this Code section, no local education agency43
funds except de minimis administrative costs are expended in providing or44
accommodating the released time course;45
(6) Released time courses are not to be held on public school property unless permitted46
under a neutral policy of equal access opening such school property for use by47
community groups; and48
(7) The student assumes responsibility for any missed school work.49
(c) The policy adopted by a local education agency under subsection (b) of this Code50
section shall include a requirement for a criminal records check of individuals providing51
a released time course to students pursuant to this Code section.52
(d) Each local education agency may adopt a policy that awards academic credit for the53
completion of a released time course. In determining the academic credit to award for54
completion of such course, the local education agency shall evaluate the course based on55
purely secular criteria that are substantially the same criteria used to evaluate similar56
courses for purposes of determining the academic credit to award for such courses. The57
decision to award academic credit for a released time course shall be neutral to, and shall58
not involve any test for, religious content or denominational affiliation. Such secular59
criteria may include the following:60
(1) The number of hours of classroom instruction time;61
(2) A review of the released time course syllabus that reflects released time course62
requirements and materials used;63
(3) The methods of assessment used in the released time course; and64
(4) The qualifications of the released time course instructor.65
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(e) No local education agency or official or employee thereof shall be liable in any civil66
action for injury allegedly arising from a student's transit to or from a released time course67
when private transportation is used under a released time course policy adopted under68
subsection (b) of this Code section.69
(f) While in attendance in a released time course, a student shall not be considered absent70
from school.71
(g)(1) The Department of Education is authorized and directed to take all steps72
reasonably necessary to maximize the amounts of state and federal funding local73
education agencies receive regardless of the number of students who participate in a74
released time course.75
(2) The Department of Education shall promulgate model policies and procedures76
consistent with this Code section to be available for use by local education agencies."77
SECTION 3.78
This Act shall become effective upon its approval by the Governor or upon its becoming law79
without such approval.80
SECTION 4.81
All laws and parts of laws in conflict with this Act are repealed.82
H. B. 133 (SUB)
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