Georgia 2025-2026 Regular Session

Georgia House Bill HB175 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 49 2064~~/AP~~
2		-	House Bill 175 ~~(AS PASSED HOUSE AND SENATE)~~
	1	+	25 LC 49 2064
	2	+	House Bill 175
3	3		By: Representatives Jones of the 25
4	4		th
5	5		, Erwin of the 32
6	6		nd
7	7		, Dubnik of the 29
8	8		th
9	9		, Wilkerson of the
10	10		38
11	11		th
12	12		, and Dempsey of the 13
13	13		th
14	14
15	15		A BILL TO BE ENTITLED
16	16		AN ACT
17	17		To amend Chapter 1A Title 20 of the Official Code of Georgia Annotated, relating to early
18	18		1
19	19		care and learning, so as to revise provisions regarding employee comprehensive background2
20	20		checks for early care and education programs and Head Start programs; to provide for3
21	21		definitions; to provide for revocation and nonissuance of licenses and commissions for early4
22	22		care and education programs; to provide for related matters; to provide for an effective date;5
23	23		to repeal conflicting laws; and for other purposes.6
24	24		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
25	25		SECTION 1.8
26	26		Chapter 1A Title 20 of the Official Code of Georgia Annotated, relating to early care and9
27	27		learning, is amended by adding a new paragraph to Code Section 20-1A-2, relating to10
28	28		definitions, to read as follows:11
29	29		"(8.1) 'Head Start program' means any program authorized under the federal Head Start
30	30		12
31	31		Act, 42 U.S.C. Section 9801, et seq. "13
32	32		H. B. 175
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	33	+	- 1 - 25 LC 49 2064
34	34		SECTION 2.
35	35		14
36	36		Said chapter is further amended by revising paragraph (1) of Code Section 20-1A-30, relating15
37	37		to definitions, as follows:16
38	38		"(1) 'Comprehensive records check determination' means a satisfactory or unsatisfactory17
39	39		determination by the department, based upon a Federal Bureau of Investigation18
40	40		fingerprint check, a search of the National Crime Information Center's National Sex
41	41		19
42	42		Offender Registry, criminal history records check, including fingerprint check; a search20
43	43		of one or more available and appropriate child abuse and sex offender registries,21
44	44		repositories, or data bases as provided by rules and regulations promulgated by the22
45	45		department; and a search of the following registries, repositories, or data bases in the state23
46	46		where the actual or potential employee or director resides and in each state where such24
47	47		individual resided during the preceding five years: criminal registry or repository, with25
48	48		the use of fingerprints being required in the state where the individual resides and26
49	49		optional in other states; state sex offender registry or repository; and state based child27
50	50		abuse and neglect registry and data base."28
51	51		SECTION 3.29
52	52		Said chapter is further amended by revising subsection (a) of Code Section 20-1A-34,30
53	53		relating to check of fingerprints on national level, satisfactory determination prior to31
54	54		employment, additional records checks, and retention of fingerprints, as follows:32
55	55		"(a) The department shall receive a records check an application for a comprehensive33
56	56		records check determination, as may be required by the department and allowed under34
57	57		federal law, for any individual current or potential director, employee, or other individual35
58	58		affiliated with any program that receives, either directly or indirectly, federal funds through36
59	59		the department for the care of children, including, but not limited to, early care and37
60	60		education programs and Head Start programs that cares for children through a program38
61	61		that receives, either directly or indirectly, federal funds through the department for the care39
62	62		H. B. 175
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	63	+	- 2 - 25 LC 49 2064
64	64		of children. Upon receipt of such records check application, the department shall comply40
65	65		with all rules of GCIC and the Federal Bureau of Investigation for the request and receipt41
66	66		of national fingerprint based criminal history reports. Such individuals directors,42
67	67		employees, and other affiliated individuals shall also submit all necessary applications,43
68	68		fees, and acceptable fingerprints to GCIC in order to determine the applicant's suitability44
69	69		for child care employment. If no criminal history record is identified at the state level, the45
70	70		applicant's fingerprints shall be forwarded by Georgia Bureau of Investigation to the46
71	71		Federal Bureau of Investigation for a national criminal history check. The Georgia Bureau47
72	72		of Investigation shall forward the results of the state and Federal Bureau of Investigation48
73	73		checks to the department. Within ten days after receiving fingerprints acceptable to GCIC,49
74	74		the application, and fee, GCIC shall notify the department in writing of any derogatory50
75	75		finding, including, but not limited to, any criminal record, of the state fingerprint records51
76	76		check or if there is no such finding. GCIC shall also conduct a search of Federal Bureau52
77	77		of Investigation records and fingerprints and notify the department in writing of the results53
78	78		of such search. Upon receipt of the bureau's report such results from the Georgia Bureau54
79	79		of Investigation, the department shall make a national fingerprint records check55
80	80		determination determine the applicant's suitability for child care employment. If the56
81	81		fingerprint records check determination is unsatisfactory for an individual a director,57
82	82		employee, or other affiliated individual, the department shall notify the provider and the58
83	83		director, employee, or other affiliated individual of such determination in writing, and no59
84	84		such individual director, employee, or other affiliated individual shall be allowed to be60
85	85		present at the facility when any child is present for care or to reside in the facility until he61
86	86		or she either has obtained a satisfactory comprehensive records check determination or has62
87	87		had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43,63
88	88		notwithstanding Code Section 20-1A-45. The department shall cease to issue funds, either64
89	89		directly or indirectly, to any individual director, employee, or other affiliated individual or65
90	90		H. B. 175
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	91	+	- 3 - 25 LC 49 2064
92	92		program that willfully and continually fails to comply with the requirements of this Code
93	93		66
94	94		section."67
95	95		SECTION 4.68
96	96		Said chapter is further amended by revising Code Section 20-1A-39, relating to potential69
97	97		employees, current employees and directors, comprehensive records check requirements,70
98	98		satisfactory determination, and liability for hiring ineligible employee, as follows:71
99	99		"20-1A-39.72
100	100		(a) Before a person may become an employee of any early care and education program73
101	101		after that early care and education
102	102		such program has received a license or commission, that74
103	103		early care and education such program shall require that such person to obtain a75
104	104		comprehensive records check determination that is satisfactory. All potential employees,76
105	105		excluding students currently enrolled in an early education curriculum through an77
106	106		accredited school of higher education, may submit evidence, satisfactory to the department,78
107	107		that the potential employee received a comprehensive records check determination that is79
108	108		satisfactory and that includes a records check clearance date that is no more than 12 months80
109	109		old, notwithstanding Code Section 20-1A-45, or that any potential employee whose81
110	110		comprehensive records check revealed a criminal record of any kind has either82
111	111		subsequently received a comprehensive records check determination that is satisfactory or83
112	112		has had the unsatisfactory determination reversed in accordance with Code Section84
113	113		20-1A-43, notwithstanding Code Section 20-1A-45. A student currently enrolled in an85
114	114		early education curriculum through an accredited school of higher education may submit86
115	115		evidence, satisfactory to the department, that the student received a comprehensive records87
116	116		check determination that is satisfactory and that includes a records check clearance date88
117	117		that is no more than 24 months old, notwithstanding Code Section 20-1A-45, or that such89
118	118		student whose comprehensive records check determination revealed a criminal record of90
119	119		any kind has either subsequently received a comprehensive records check determination91
120	120		H. B. 175
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	121	+	- 4 - 25 LC 49 2064
122	122		that is satisfactory or has had the unsatisfactory determination reversed in accordance with
123	123		92
124	124		Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The licensed or93
125	125		commissioned early care and education program shall maintain documentation in the94
126	126		employee's personnel file, which is
127	127		shall be available to the department upon request,95
128	128		which reflects that a comprehensive records check determination that is satisfactory was96
129	129		received before the employee is eligible to be present at a facility while children are present97
130	130		for care or to reside in a facility. If the comprehensive records check determination for any98
131	131		potential employee reveals a criminal record of any kind, such potential employee shall be99
132	132		ineligible to be present at a facility while children are present for care or to reside in a100
133	133		facility until such potential employee has either obtained a comprehensive records check101
134	134		determination that is satisfactory or has had the unsatisfactory comprehensive records102
135	135		check determination reversed in accordance with Code Section 20-1A-43, notwithstanding103
136	136		Code Section 20-1A-45. If the comprehensive records check determination is104
137	137		unsatisfactory, the licensed or commissioned early care and education program shall, after105
138	138		receiving notification of such unsatisfactory determination, take such immediate steps as106
139	139		are necessary so that such person is no longer present at the facility while children are107
140	140		present for care and no longer resides in the facility. The department shall revoke the108
141	141		license or commission of an early care and education program if the early care and109
142	142		education such program fails to comply with the requirements of this Code section. The110
143	143		time frames set forth in this subsection shall not apply when fingerprints have been retained111
144	144		by the department due to its participation in the program described in subparagraph112
145	145		(a)(1)(F) of Code Section 35-3-33.113
146	146		(b) Effective January 1, 2019, every Each employee and director of any licensed or114
147	147		commissioned early care and education program shall undergo additional comprehensive115
148	148		records check determinations such that the time between such additional comprehensive116
149	149		records check determinations and that employee's or director's previous comprehensive117
150	150		records check determination shall not exceed five years except when fingerprints have been118
151	151		H. B. 175
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	152	+	- 5 - 25 LC 49 2064
153	153		retained by the department due to its participation in the program described in
154	154		119
155	155		subparagraph (a)(1)(F) of Code Section 35-3-33, notwithstanding Code Section 20-1A-45. 120
156	156		The early care and education program shall maintain documentation in the appropriate121
157	157		personnel file, which is
158	158		shall be available to the department immediately upon request,122
159	159		indicating that such person has obtained such current comprehensive records check123
160	160		determination that is satisfactory or has had an unsatisfactory comprehensive records check124
161	161		determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code125
162	162		Section 20-1A-45. The department shall revoke the license or commission of an early care126
163	163		and education program if the early care and education such program fails to comply with127
164	164		the requirements of this Code section.128
165	165		(c) A license or commission shall be subject to revocation revoked and the department129
166	166		may shall refuse to issue a license or commission to an early care and education program130
167	167		if a director or employee of such program does not undergo the comprehensive records131
168	168		check determination applicable to that such director or employee and receive acceptable132
169	169		determinations.133
170	170		(d) After the issuance of a license, commission, or permit, the department may require134
171	171		additional comprehensive records check determinations on any director or employee of an135
172	172		early care and education program when the department has reason to believe the that such136
173	173		director or employee has a criminal record that renders the such director or employee137
174	174		ineligible to have contact with children in the early care and education program, or during138
175	175		the course of a child abuse investigation involving the such director or employee.139
176	176		(e) No licensed or commissioned early care and education program may allow any person140
177	177		to be present at a facility while children are present for care or to reside in a facility as a141
178	178		director or an employee of such program unless there is on file in the early care and142
179	179		education with such program an employment history and a satisfactory comprehensive143
180	180		records check determination or proof that an unsatisfactory determination has been144
181	181		reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section145
182	182		H. B. 175
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	183	+	- 6 - 25 LC 49 2064
184	184		20-1A-45. The department shall revoke the license or commission of any early care and
185	185		146
186	186		education program if the early care and education
187	187		such program fails to comply with the147
188	188		requirements of this Code section.148
189	189		(f) A license holder, commission holder, permit holder, or director of a licensed,149
190	190		commissioned, or permitted early care and education program that allows an employee or150
191	191		director about whom such license holder, commission holder, permit holder, or director151
192	192		knows or should reasonably know to have a criminal record that renders the such employee152
193	193		or director ineligible to have contact with children to be present at a facility while children153
194	194		are present for care or to reside in a facility shall be guilty of a misdemeanor."154
195	195		SECTION 5.155
196	196		This Act shall become effective on July 1, 2025.156
197	197		SECTION 6.157
198	198		All laws and parts of laws in conflict with this Act are repealed.158
199	199		H. B. 175
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