25 LC 49 2197
House Bill 268
By: Representatives Persinger of the 119
th
, Efstration of the 104
th
, Gaines of the 120
th
, Burns
of the 159
th
, Erwin of the 32
nd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to
1
elementary and secondary education, so as to provide for the safety, health, and well-being2
of students and school communities; to provide for reimbursement grants to local school3
systems that hire qualified mental health coordinators; to provide for youth violence and4
suicide awareness and prevention training requirements, including Tier 1 and Tier 25
behavioral health training; to require public school safety plans to be updated with behavioral6
threat assessment management plans; to provide for the transfer of student records and other7
information among schools, law enforcement agencies, and other agencies with legal8
interests in students; to require memoranda of understanding between certain state agencies9
and local units of administration to include provisions relevant to the disclosure of student10
information; to provide for the release of student information from certain state agencies to11
local units of administration; to authorize RESAs to participate in dispute resolution12
procedures; to provide for the designation of RESA student affairs officers; to provide for13
the Department of Education's chief privacy officer to promulgate a guidance document14
relevant to sharing student records and other information; to provide for the release of student15
education records by local boards of education and local education agencies; to provide for16
certain student education records to be deemed critical records; to provide for the transfer of17
student education records, including critical records, to receiving schools; to provide for18
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required disclosures; to provide for provisional enrollment at receiving schools; to provide
19
for the transfer of students seeking enrollment in any grade higher than fifth grade; to require20
the Department of Behavioral Health and Developmental Disabilities to recommend to the21
State Board of Education one or more screening assessments for use by elementary and22
secondary schools to assess the behavioral and emotional functioning of students; to require23
the State Board of Education to designate at least one such assessment to be made available24
for use by schools for purposes of assessing transferring students under certain25
circumstances; to require that such assessment be administered at no charge to any26
transferring student or his or her parent or legal guardian; to provide for public funds to be27
used to reimburse schools for administering such assessments to transferring students; to28
provide for policies and implementation; to provide for school administrators to disclose29
certain information regarding students with the students' assigned classroom teachers; to30
provide for such information to remain confidential; to provide for local boards of education31
to petition courts to require parents to authorize the release of a transferring student's32
education records; to provide for a penalty; to provide for mandatory assessments when33
certain students withdraw from or stop attending school; to update the "Parents' Bill of34
Rights"; to provide for access to and transferring student education records; to require written35
agreements for law enforcement officers in school to include specific terms and conditions36
relevant to the handling and disclosure of student information; to require the Department of37
Education to publish model terms and conditions; to revise provisions regarding disrupting38
and interfering with certain public school operations; to provide for a system of discipline;39
to provide for investigations; to revise felony provisions regarding individuals attending the40
same school; to create an Office of Safe Schools within the Georgia Emergency Management41
and Homeland Security Agency; to establish school safety best practices for local school42
systems; to ensure each local school system has a threat management team; to provide43
technical assistance for local school systems to develop policies and procedures for their44
threat management teams; to develop a state-wide behavioral threat management operational45
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process; to provide state-wide behavioral threat assessment indicators; to procure a
46
state-wide behavioral threat assessment management system, known as the School and47
Student Safety Database or S3 Database, to collect and integrate data to evaluate the behavior48
of students who may pose a threat to the school, school staff, or students, to provide and49
coordinate state resources to assist local school systems to make timely and methodical50
school based threat assessment and management decisions, and to help local districts51
coordinate intervention and services for such students; to evaluate each local school system's52
use of the state-wide behavioral threat management operational process; to adopt a school53
safety compliance inspection report; to ensure the S3 Database provides local school systems54
and their threat management teams with all available data pertaining to their jurisdiction; to55
provide all of the aforementioned services and assistance to private schools upon request; to56
provide for a short title; to provide for definitions; to amend Code Section 16-11-37 of the57
Official Code of Georgia Annotated, relating to terroristic threats and acts and penalties, so58
as to provide for the offense of threatening the death of or serious injury to individuals who59
are or likely to be at school; to provide for parents and legal guardians to be charged as a60
person concerned in the commission of such offense; to amend Article 4 of Chapter 18 of61
Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records,62
so as to provide for an exemption; to provide for related matters; to provide for an effective63
date; to repeal conflicting laws; and for other purposes.64
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:65
SECTION 1.66
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and67
secondary education, is amended in Code Section 20-2-133, relating to free public68
instruction, exceptions, eligibility, and procedure and requirements when child in custody69
of or in a placement or facility of a state agency, by revising subsection (b) as follows:70
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"(b)(1)(A) Any child, except as otherwise specifically provided in subparagraph (D)
71
of this paragraph, who is:72
(i) In the physical or legal custody of the Department of Juvenile Justice or the73
Department of Human Services or any of its divisions, including, but not limited to,
74
the Division of Family and Children Services;75
(ii) In a placement operated by the Department of Human Services or the Department76
of Behavioral Health and Developmental Disabilities;77
(iii) In a facility or placement paid for by the Department of Juvenile Justice, the78
Department of Human Services or any of its divisions, including, but not limited to,79
the Division of Family and Children Services, or the Department of Behavioral Health80
and Developmental Disabilities; or81
(iv) Placed in a psychiatric residential treatment facility by his or her parent or legal82
guardian pursuant to a physician's order, if such child is not a home study, private83
school, or out-of-state student84
and who is physically present within the geographical area served by a local unit of85
administration for any length of time is eligible for enrollment in the educational86
programs of that local unit of administration; provided, however, that the child meets87
the age eligibility requirements established by this article. Except for children who are88
committed to the Department of Juvenile Justice and receiving education services under89
Code Section 20-2-2084.1, the local unit of administration of the school district in90
which such child is present shall be responsible for the provision of all educational91
programs, including special education and related services, at no charge so long as the92
child is physically present in the school district.93
(B) A child shall be considered in the physical or legal custody of the Department of94
Juvenile Justice or the Department of Human Services or any of its divisions, including,95
but not limited to, the Division of Family and Children Services, if custody has been96
awarded either temporarily or permanently by court order or by voluntary agreement,97
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or if the child has been admitted or placed according to an individualized treatment or
98
service plan of the Department of Human Services or the Division of Family and
99
Children Services. A child shall be considered in a facility or placement paid for or100
operated by the Department of Behavioral Health and Developmental Disabilities if the101
child has been admitted or placed according to an individualized treatment or service102
plan of the Department of Behavioral Health and Developmental Disabilities or its103
contractors.104
(C) A facility providing educational services onsite to a child described in105
subparagraph (A) of this paragraph who is unable to leave such facility shall enter into106
a memorandum of understanding with the local unit of administration in which the107
facility is located. Such memorandum of understanding shall include, at a minimum,108
provisions regarding enrollment counting procedures, allocation of funding based on109
actual days of enrollment in the facility, and the party responsible for employing110
teachers, and the respective rights and responsibilities of the parties relative to the111
disclosure of the child's education records, as such term is defined in Code Section112
20-2-670. A memorandum of understanding shall be reviewed and renewed at least113
every two years; provided, however, that, if any memorandum of understanding in114
place on July 1, 2025, does not include such provisions regarding the respective rights115
and responsibilities of the parties relative to the disclosure of the child's education116
records, such memorandum of understanding shall be reviewed and updated by no later117
than October 1, 2025.118
(D) No child in a secure residential facility as defined in Code Section 15-11-2,119
regardless of his or her custody status, shall be eligible for enrollment in the educational120
programs of the local unit of administration of the school district in which such facility121
is located. No child or youth in the custody of the Department of Corrections or the122
Department of Juvenile Justice and confined in a facility as a result of a sentence123
imposed by a court shall be eligible for enrollment in the educational programs of the124
local unit of administration of the school district where such child or youth is being125
H. B. 268
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held; provided, however, that such child or youth may be eligible for enrollment in a
126
state charter school pursuant to Code Section 20-2-2084.1.127
(2) Except as otherwise provided in this Code section, placement in a facility by another128
local unit of administration shall not create an obligation, financial or otherwise, on the129
part of the local unit of administration in which the facility is located to educate the child.130
(3) For any child described in subparagraph (A) of paragraph (1) of this subsection, the131
custodian of or placing agency for the child shall notify the appropriate local unit of132
administration at least five days in advance of the move, when possible, when the child133
is to be moved from one local unit of administration to another.134
(4) When the custodian of or placing agency for any child notifies a local unit of135
administration, as provided in paragraph (3) of this subsection, that the child may become136
eligible for enrollment in the educational programs of a local unit of administration, such137
local unit of administration shall request the transfer of the educational
education records138
and Individualized Education Programs and all education related evaluations,139
assessments, social histories, and observations of the child from the appropriate local unit140
of administration no later than ten five days after receiving notification. Notwithstanding141
any other law to the contrary, the custodian of the records has the obligation to transfer142
these such records and the local unit of administration has the right to receive, review,143
and utilize these such records. Notwithstanding any other law to the contrary, upon the144
request of a local unit of administration responsible for providing educational services to145
a child described in subparagraph (A) of paragraph (1) of this subsection, the Department146
of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities,147
or the Department of Human Services, or the Division of Family and Children Services148
shall furnish to the local unit of administration all medical and educational education149
records in the possession of the Department of Juvenile Justice, the Department of150
Behavioral Health and Developmental Disabilities, or the Department of Human151
Services, or the Division of Family and Children Services pertaining to any such child. 152
Such records shall include, but shall not be limited to, any record that such student:153
H. B. 268
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(A) Has ever been adjudicated guilty of the commission of a class A designated felony154
act or class B designated felony act, as defined in Code Section 15-11-2 and, if so, the155
date of such adjudication, the offense committed, the jurisdiction in which such156
adjudication was made, and the sentence imposed;157
(B) Is currently serving a short-term suspension, a long-term suspension, or an158
expulsion from another school, the reason for such discipline, and the term of such159
discipline;160
(C) Is currently the subject of a notice of a disciplinary hearing pursuant to Code161
Section 20-2-754; or162
(D) Is currently or has ever been the subject of a:163
(i) Notice of a report of criminal action made pursuant to Code Section 20-2-756;164
(ii) Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765;165
(iii) Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;166
or167
(iv) Report of the commission of a prohibited act made pursuant to Code Section168
20-2-1184.169
(5) In the event that the Department of Juvenile Justice, the Department of Behavioral170
Health and Developmental Disabilities, the Department of Human Services, or the171
Division of Family and Children Services contends that any record provided for in172
paragraph (4) of this subsection cannot be released without consent of a parent or legal173
guardian, such agency shall:174
(A) Within five days after receiving a request for records under this subsection:175
(i) Release all records not subject to such restriction;176
(ii) Provide in writing to the local unit of administration and the RESA student affairs177
officer of the RESA in which such local unit of administration is located a list that178
identifies each record that such agency contends is subject to such restriction and the179
legal basis for such restriction; and180
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(iii) Initiate both verbal and written contact with the parent or legal guardian to obtain181
consent which the agency contends is required; and182
(B) Upon receipt of the consent provided for in division (5)(A)(iii) of this subsection,183
immediately release the subject record to the local unit of administration.184
, except where consent of a parent or legal guardian is required in order to authorize the185
release of any of such records, in which event the Department of Juvenile Justice, the186
Department of Behavioral Health and Developmental Disabilities, or the Department of187
Human Services shall obtain such consent from the parent or guardian prior to such188
release.189
(6)(A) In the event that an agency contends that releasing, in whole or in part, a190
student's records as required by this Code section would be unlawful, such agency shall191
promptly provide a written notice of dispute to the RESA student affairs officer of the192
RESA in which the local unit of administration is located.193
(B) In the event that a local unit of administration contends that a student's records, in194
whole or in part, have been unlawfully or unduly withheld from release by a sending195
school, such local unit of administration shall promptly provide a written notice of196
dispute to the RESA student affairs officer of the RESA in which the local unit of197
administration is located.198
(C)(i) Upon receipt of a notice of dispute from an agency as provided for in199
subparagraph (A) of this paragraph or from a local unit of administration as provided200
in subparagraph (B) of this paragraph, the RESA student affairs officer shall be201
authorized to work in coordination with any sending school, any receiving school, any202
other requestor, and the parent or legal custodian of the student whose records are the203
subject of such notice to resolve any dispute by providing technical assistance and204
guidance as to the respective rights and responsibilities of each of the parties to the205
dispute.206
(ii) To the extent that such efforts to resolve the dispute are not successful, the RESA207
student affairs officer shall provide a written notice of noncompliance to any party to208
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such dispute which the RESA student affairs officer reasonably contends is209
noncompliant with the requirements of this paragraph. Such written notice of210
noncompliance shall include a recommended corrective action to resolve211
noncompliance. The RESA student affairs officer shall report such noncompliance to212
the director of the RESA.213
(iii) Upon being notified of a noncompliance as provided for in division (ii) of this214
subparagraph, the RESA director shall be authorized to attempt to resolve the dispute215
and to report noncompliance to the Office of the Attorney General and the216
Department of Education's chief privacy officer.217
(D) For the limited purposes provided for in this subsection, RESA student affairs218
officers and RESA directors shall be authorized to review the education records that are219
the subject of a notice of dispute provided for in this subsection.220
(5)(7) Any local unit of administration which serves a child pursuant to subparagraph (A)221
of paragraph (1) of this subsection shall receive in the form of annual grants in state222
funding for that child the difference between the actual state funds received for that child223
pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred224
in educating that child, calculated pursuant to regulations adopted by the State Board of225
Education. Each local board of education shall be held harmless by the state from226
expending local funds for educating students pursuant to this Code section; provided,227
however, that this shall only apply to students who are unable to leave the facility in228
which they have been placed.229
(6)(8) Enrollment of an eligible child pursuant to this Code section shall be effectuated230
in accordance with rules and regulations adopted by the State Board of Education.231
(7)(9) For purposes of the accountability program provided for in Part 3 of Article 2 of232
Chapter 14 of this title, all facilities serving children described in subparagraph (A) of233
paragraph (1) of this subsection shall be, consistent with department rules and234
regulations, treated as a single local education agency; provided, however, that this235
paragraph shall not be construed to alleviate any responsibilities of the local unit of236
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administration of the school district in which any such children are physically present for
237
the provision of education for any such children.238
(8)
(10) The Department of Education, the State Charter Schools Commission, the239
Department of Human Services, the Division of Family and Children Services, the240
Department of Juvenile Justice, the Department of Behavioral Health and Developmental241
Disabilities, and the local units of administration where Department of Education, State242
Charter Schools Commission, Department of Juvenile Justice, Department of Behavioral243
Health and Developmental Disabilities, or Department of Human Services, or Division244
of Family and Children Services placements, facilities, or contract facilities are located245
shall jointly develop procedures binding on all agencies implementing the provisions of246
this Code section applicable to children and youth in the physical or legal custody of the247
Department of Juvenile Justice, under the care or physical or legal custody of the248
Department of Human Services or the Division of Family and Children Services, or under249
the physical custody of the Department of Behavioral Health and Developmental250
Disabilities."251
SECTION 2. 252
Said chapter is further amended in Part 5 of Article 6, relating to program weights and253
funding requirements under the "Quality Basic Education Act," by adding a new Code254
section to read as follows:255
"20-2-192.256
(a) As used in this Code section, the term 'qualified mental health coordinator' means an257
individual employed by a local school system whose beginning salary and benefits are258
eligible for reimbursement grants under this Code section.259
(b) Subject to appropriations by the General Assembly, the State Board of Education shall260
provide grants to local school systems for the purpose of reimbursing local school systems261
for expenditures sufficient to pay the beginning salaries and benefits of qualified mental262
health coordinators employed by such local school systems.263
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(c) Under such grant program, local school systems shall be eligible for reimbursement for264
an amount equal to the beginning salary and benefits of:265
(1) One qualified mental health coordinator for local school systems with a full-time266
equivalent enrollment of fewer than 18,000 students;267
(2) Two qualified mental health coordinators for local school systems with a full-time268
equivalent enrollment of 18,000 to 36,000 students; or269
(3) Three qualified mental health coordinators for local school systems with a full-time270
equivalent enrollment of more than 36,000 students.271
(d) By July 1, 2025, the State Board of Education shall establish regulations as to the272
manner in which local school systems shall request and receive such grant funds.273
(e)(1) By July 1, 2025, the State Board of Education, in collaboration with the274
Department of Behavioral Health and Developmental Disabilities, shall establish the275
essential duties and minimum qualifications for qualified mental health coordinators hired276
by local school systems.277
(2) Such mental health coordinators shall be primarily responsible for:278
(A) Coordinating the efforts of the local school system to identify and facilitate279
appropriate interventions for students with or at risk for mental health concerns,280
including, but not limited to, telehealth services; and281
(B) Coordinating, documenting, evaluating, and reporting the outcomes of Tier 1 and282
Tier 2 behavioral health training programs and materials of the local school system,283
including, but not limited to, such training programs and materials as provided for in284
Code Section 20-2-779.1.285
(f) Nothing in the Code section shall be construed to prohibit local school systems from286
hiring or contracting with mental health coordinators using other funds available for such287
purpose."288
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SECTION 3.
289
Said chapter is further amended in Code Section 20-2-270, relating to establishment of a290
state-wide network, by revising subsection (a) as follows:291
"(a)(1)
The State Board of Education shall establish a state-wide network of regional292
educational service agencies for the purposes of: providing shared services designed to293
improve the effectiveness of educational programs and services to local school systems294
and state charter schools; providing instructional programs directly to selected public295
school students in the state; provide services as provided for in Code Sections 20-2-133,296
20-2-670, and 20-2-785; and providing Georgia Learning Resources System services.297
(2) The regional educational service agencies established by the state board may legally298
be referred to as 'RESA' or 'RESA's 'RESAs'."299
SECTION 4.300
Said chapter is further amended in Part 11 of Article 6, relating to regional educational301
service agencies, by adding a new Code section to read as follows:302
"20-2-270.2.303
(a) Each regional educational service agency shall be authorized to provide dispute304
resolution services as provided for in Code Sections 20-2-133 and 20-2-670 to local305
education agencies, local units of administration, and public and private schools located306
within the service area of such regional educational service agency and to the Department307
of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities,308
the Department of Human Services, and the Division of Family and Children Services.309
(b) Each regional education service area director shall designate one staff member as310
RESA student affairs officer.311
(c) The chief privacy officer designated by the State School Superintendent pursuant to312
Code Section 20-2-663 shall provide technical assistance and guidance to support RESA313
student affairs officers and directors in complying with the requirements of this Code314
section and Code Sections 20-2-133 and 20-2-670."315
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SECTION 5.
316
Said chapter is further amended in Code Section 20-2-662, relating to definitions relative to317
student data privacy, accessibility, and transparency, by adding new paragraphs to read as318
follows:319
"(6.1) 'Legal custodian' means an entity or individual other than a parent with legal
320
authority to act on behalf of a student. Such term shall include the Department of321
Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities,322
the Department of Human Services, and the Division of Family and Children Services.323
(6.2) 'Local board of education' means the governing body of each local education324
agency as such terms are defined in Code Section 20-2-167.1. Such term shall include325
the Department of Juvenile Justice school system."326
"(8.1) 'Parent' means an individual other than a legal custodian who has legal authority327
to act on behalf of a student as a natural or adoptive parent or a legal guardian."328
SECTION 6.329
Said chapter is further amended in Code Section 20-2-663, relating to designation and role330
of chief privacy officer, by adding a new subsection to read as follows:331
"(c)(1) In consultation with the Attorney General's office, the chief privacy officer shall332
promulgate for all regional education service agencies, all local education agencies, all333
elementary and secondary schools in this state, the Department of Juvenile Justice (DJJ)334
school system, the Department of Behavioral Health and Developmental Disabilities335
(DBHDD), the Department of Human Services (DHS), the Division of Family and336
Children Services (DFCS), and the Department of Defense Education Activity (DoDEA)337
a guidance document that shall address, but shall not be limited to, the following topics:338
(A) The current state and federal laws applicable to local education agencies and339
elementary and secondary schools in this state, DJJ, DBHDD, DHS, DFCS, and340
DoDEA intended to protect the privacy of student education records, student health341
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records, student data, and the personally identifiable information of students and their342
families;343
(B) The application of the federal Family Educational Rights and Privacy Act344
(FERPA) to local education agencies and elementary and secondary schools in this345
state, DJJ, DBHDD, DHS, DFCS, and DoDEA, including what information is and is346
not covered under FERPA;347
(C) What student education records and student health records can be shared with other348
educators, other schools, DJJ, DBHDD, DHS, DFCS, and DoDEA;349
(D) What information about a student a local education agency, an elementary or350
secondary school, DJJ, DBHDD, DHS, DFCS, and DoDEA is permitted or required to351
share with a law enforcement officer, a law enforcement agency, a judge or court352
personnel, or another state or local agency or officer with a legal interest in such353
student; and354
(E) What information about a student a law enforcement officer, a law enforcement355
agency, a judge or court personnel, or another state or local agency with a legal interest356
in such student is permitted or required to share with a local education agency, an357
elementary or secondary school, DJJ, DBHDD, DHS, DFCS, or DoDEA.358
(2)(A) The guidance document required by paragraph (1) of this subsection shall be359
issued by July 15, 2025, and shall be reviewed and updated by July 1 each year and at360
any other time as necessary to ensure the information included in such guidance361
document is accurate.362
(B) Each time the guidance document required by paragraph (1) of this subsection is363
issued or updated, it shall be posted on the department's public website along with364
responses to common or frequently asked questions relevant to the topics included in365
such guidance document.366
(3) The chief privacy officer shall consult with experts and authorities as appropriate367
including, but not limited to the Office of the Chief Privacy Officer of the United States368
Department of Education, to meet the requirements of this subsection."369
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SECTION 7.
370
Said chapter is further amended in Code Section 20-2-667, relating to parental and student371
review of education records and model policies, by revising subsection (c) as follows:372
"(c)(1) Except as provided in paragraph (2) of this subsection, each local board of
373
education shall immediately provide an electronic copy of a student's complete education374
record to any parent, legal custodian, or another person or entity legally authorized to375
receive such records upon request and under no circumstances later than 5:00 P.M. on the376
third business day following the date of such request.377
(2) In the event that any portion of such student's education record is not maintained in378
electronic format, the local board of education shall provide an electronic copy of all of379
the student's education records available in electronic format in compliance with380
paragraph (1) of this subsection and shall, no later than 5:00 P.M. on the third business381
day following the date of the request for such records, notify the requestor when copies382
of the remainder of such student's education records will be ready for retrieval. Local383
boards of education shall provide a parent or guardian with an electronic copy of his or384
her child's education record upon request, unless the local board of education does not385
maintain a record in electronic format and reproducing the record in an electronic format386
would be unduly burdensome."387
SECTION 8.388
Said chapter is further amended by repealing Code Section 20-2-670, relating to389
requirements for transferring students beyond sixth grade, conditional admission, and390
compliance, in its entirety and enacting a new Code section to read as follows:391
"20-2-670.392
(a) As used in this Code section, the term:393
(1) 'Critical records' means the following education records of a student, which shall be394
current and complete for a period of at least the most recent 12 months of such student's395
enrollment or the entirety of such student's enrollment if less than 12 months:396
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(A) Academic transcript;397
(B) Attendance records;398
(C) Student discipline records, including, but not limited to, all records of any:399
(i) Disciplinary order of short-term suspension, long-term suspension, or expulsion400
made pursuant to Code Section 20-2-751.2;401
(ii) Notice of a report of criminal action made pursuant to Code Section 20-2-756;402
(iii) Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765;403
(iv) Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;404
or405
(v) Report of the commission of a prohibited act made pursuant to Code Section406
20-2-1184;407
(D) Records of the student having ever been adjudicated guilty of the commission of408
a class A designated felony act or class B designated felony act, as defined in Code409
Section 15-11-2 and, if so, the date of such adjudication, the offense committed, the410
jurisdiction in which such adjudication was made, and the sentence imposed;411
(E) An Individualized Education Program (IEP) pursuant to the federal Individuals412
with Disabilities Education Act or a plan under Section 504 of the federal413
Rehabilitation Act of 1973, if any; and414
(F) Psychological evaluations, if any.415
(2) 'Education records' means any record that is maintained by a local education agency,416
a public or private elementary or secondary school, the Department of Juvenile Justice417
school system, or a party acting on behalf of such entity and is directly related to a418
student. Such term shall include, but shall not be limited to, records of such student's 419
enrollment, attendance, class schedules, academic transcripts, grades, student discipline,420
student financial information, health records, special education records, and421
psychological evaluations. Such term shall include the student's critical records.422
(3) 'Governing body' means the local board of education, governing council, governing423
board, Board of Juvenile Justice, or other entity by whatever name responsible for424
H. B. 268
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creating and implementing the budget of a local education agency or a public or private425
school.426
(4) 'Legal custodian' means an entity or individual other than a parent with legal427
authority to act on behalf of a student. Such term shall include the Department of Juvenile428
Justice, the Department of Behavioral Health and Developmental Disabilities, the429
Department of Human Services, and the Division of Family and Children Services.430
(5) 'Local education agency' shall have the same meaning as provided in Code Section431
20-2-167.1. Such term shall include the Department of Juvenile Justice school system.432
(6) 'Parent' means an individual other than a legal custodian who has legal authority to433
act on behalf of a student as a natural or adoptive parent or a legal guardian.434
(7) 'Permanent enrollment' means enrollment of student in a school that is not provisional435
enrollment.436
(8) 'Provisional enrollment' means the conditional and nonpermanent enrollment of437
student in a school for a specified period of time.438
(9) 'Receiving school' means a local education agency or public or private school in439
which a transferring student, either on his or her own behalf or by and through his or her440
parent or legal custodian, has enrolled or seeks or intends to enroll.441
(10) 'Requestor' means a student, the parent or legal custodian of such student, or a442
receiving school or another person or entity legally authorized to receive the education443
records of such student.444
(11) 'RESA' means a regional education service agency as provided for in Code Section445
20-2-270.446
(12) 'RESA student affairs officer' means the RESA employee designated by the RESA447
executive director to receive and attempt to resolve notices of disputes brought pursuant448
to this Code section.449
(13) 'Sending school' means a local education agency or a public or private school which450
maintains education records of a particular student and is responsible for releasing such451
records to a requestor.452
H. B. 268
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(14) 'Student' means an individual who is enrolled in a public or private elementary or453
secondary school or home study program in this state, or who is subject to the454
compulsory attendance requirements of Code Section 20-2-690.1.455
(15) 'Transferring student' means a student who, either on his or her own behalf or by456
and through his or her parent or legal custodian, has enrolled in or is seeking or intends457
to enroll in a receiving school.458
(b) The parent or legal custodian of a student seeking permanent enrollment in a grade459
higher than the third grade in any receiving school in this state shall as a prerequisite to460
such permanent enrollment execute a document:461
(1) Disclosing to the receiving school whether the student:462
(A) Has ever been adjudicated guilty of the commission of a class A designated felony463
act or class B designated felony act, as defined in Code Section 15-11-2 and, if so, the464
date of such adjudication, the offense committed, the jurisdiction in which such465
adjudication was made, and the sentence imposed;466
(B) Is currently serving a short-term suspension, a long-term suspension, or an467
expulsion from another school, the reason for such discipline, and the term of such468
discipline;469
(C) Is currently the subject of a notice of a disciplinary hearing pursuant to Code470
Section 20-2-754; or471
(D) Is currently or has ever been the subject of any:472
(i) Notice of a report of criminal action made pursuant to Code Section 20-2-756;473
(ii) Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; 474
(iii) Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;475
or476
(iv) Report of the commission of a prohibited act made pursuant to Code Section477
20-2-1184; and478
(2) Either:479
H. B. 268
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(A) Present a certified copy of such student's critical records from each sending school480
he or she attended during the previous 24 months; or481
(B) Receive written confirmation from such receiving school that it as received such482
student's critical records.483
(c)(1) A student may be provisionally enrolled in a receiving school for not more than484
ten school days on a conditional basis; provided, however, that such provisional485
enrollment shall not commence until the next school day after such student's parent or486
legal custodian executes a document:487
(A) Disclosing the information required in paragraph (1) of subsection (b) of this Code488
section; and489
(B) Providing the name and address of each sending school such student attended490
during the previous 24 months and authorizing the immediate release of such student's491
critical records to the receiving school.492
(2) If the receiving school does not receive such student's critical records from each493
sending school such student attended during the previous 24 months, the student shall be494
dismissed from enrollment in such receiving school upon the completion of the495
provisional enrollment period until such time as such critical records have been received496
by the receiving school.497
(3) If a student provisionally enrolled in a receiving school is found to be ineligible for498
enrollment pursuant to the provisions of Code Section 20-2-751.2, or is subsequently499
found to be so ineligible, he or she shall be dismissed from enrollment in such receiving500
school until such time as he or she becomes so eligible.501
(d) Any document provided by a receiving school to a student or such student's parent or502
legal custodian to request permanent enrollment or provisional enrollment in such receiving503
school or to authorize the release of education records to such receiving school shall504
include:505
(1) A list of class A designated felony acts or class B designated felony acts;506
(2) A list of the prohibited acts identified in Code Section 20-2-1184; and507
H. B. 268
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(3) A description of each of the following:508
(A) Notice of a disciplinary hearing pursuant to Code Section 20-2-754;509
(B) Notice of a report of criminal action made pursuant to Code Section 20-2-756;510
(C) Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; 511
(D) Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;512
and513
(E) Report of the commission of a prohibited act made pursuant to Code Section514
20-2-1184.515
(e) Each time a transferring student's education records, including, but not limited to516
critical records, are transferred to a receiving school, such student's parent or legal517
custodian shall be notified in writing of the transfer of such records and shall, upon written518
request made within five days of the date of such notice, be entitled to receive a copy of519
such records. Within five days of the receipt of a copy of such records, such student's520
parent or legal custodian may make a written request for and shall be entitled to a hearing521
before the principal of the sending school or of the receiving school or his or her designee522
for the purpose of challenging the content of such records.523
(f)(1) Except as provided in paragraph (2) of this subsection, each sending school in this524
state shall immediately release a student's complete education record to any parent, legal525
custodian, receiving school, or another person or entity legally authorized to receive such526
records upon request by such requestor and under no circumstances later than 5:00 P.M.527
on the third business day following the date of such request.528
(2) In the event that any portion of such student's education record is not maintained in529
electronic format, the sending school shall transfer all of the student's education records530
available in electronic format in compliance with paragraph (1) of this subsection and531
shall, no later than 5:00 P.M. on the third business day following the date of such request,532
notify the requestor when copies of the remainder of such student's education records will533
be ready for retrieval.534
H. B. 268
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(g)(1) In the event that a sending school contends that releasing, in whole or in part, a535
student's education records as required by this Code section would be unlawful or unduly536
burdensome, such sending school shall promptly provide a written notice of dispute to537
the RESA student affairs officer of the RESA in which the sending school is located.538
(2) In the event that a requestor contends that a student's education records, in whole or539
in part, have been unlawfully or unduly withheld from release by a sending school, such540
requestor shall promptly provide a written notice of dispute to the RESA student affairs541
officer of the RESA in which the sending school is located.542
(3)(A) Upon receipt of a notice of dispute from a sending school as provided for in543
paragraph (1) of this subsection or from a requestor as provided in paragraph (2) of this544
subsection, the RESA student affairs officer shall be authorized to work in coordination545
with any sending school, any receiving school, any other requestor, and the parent or546
legal custodian of the student whose education records are the subject of such notice to547
resolve any dispute by providing technical assistance and guidance as to the respective548
rights and responsibilities of each of the parties to the dispute.549
(B) To the extent that such efforts to resolve the dispute are not successful, the RESA550
student affairs officer shall provide a written notice of noncompliance to any party to551
such dispute which the RESA student affairs officer reasonably contends is552
noncompliant with the requirements of this Code section report. Such written notice553
of noncompliance shall include a recommended corrective action to resolve554
noncompliance. The RESA student affairs officer shall report such noncompliance to555
the director of the RESA.556
(C) Upon being notified of a noncompliance as provided for in subparagraph (B) of557
this paragraph, the RESA director shall be authorized to attempt to resolve the dispute558
and to report noncompliance to the Office of the Attorney General and the Department559
of Education's chief privacy officer.560
H. B. 268
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(4) For the limited purposes provided for in this subsection, RESA student affairs561
officers and RESA executive directors shall be authorized to review the education records562
that are the subject of a notice of dispute provided for in this subsection.563
(5) In the event that it becomes evident to a RESA student affairs officer or a RESA564
director that neither a sending school nor a receiving school involved in a dispute is a565
local education agency or a public elementary or secondary school, the RESA student566
affairs officer and the RESA director shall take no further action regarding the dispute567
other than to notify the parties to the dispute that the regional educational service agency568
is not authorized to take further action on the matter and to refer the parties to the569
Department of Education's chief privacy officer.570
(h) In the event that a sending school does not comply with the requirements of571
subsection (f) of this Code section, such sending school shall be obligated to reimburse the572
State Board of Education for the costs of administering and evaluating the screening573
assessment provided for in subsection (j) of this Code section. If more than one sending574
school does not comply with the requirements of subsection (f) of this Code section, such575
sending schools shall equally bear the cost of reimbursing the State Board of Education for576
the costs of administering and evaluating the screening assessment provided for in577
subsection (j) of this Code section.578
(i) Whenever a receiving school does not timely receive complete information relative to579
a transferring student from a sending school as required in subsection (f) of this Code580
section, such receiving school shall be authorized to condition such transferring student's581
continued provisional enrollment upon completion of the screening assessment provided582
for in subsection (j) of this Code section.583
(j)(1) As soon as practicable but no later than July 1, 2025, the Department of Behavioral584
Health and Developmental Disabilities shall recommend to the State Board of Education585
one or more screening assessments for use by elementary and secondary schools in this586
state to assess the behavioral and emotional functioning of students. Each screening587
H. B. 268
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assessment recommended by the Department of Behavioral Health and Developmental588
Disabilities shall:589
(A) Be amenable to completion without the student's education records;590
(B) Consider multiple perspectives, including, but not limited to, the perspectives of591
each parent or legal guardian who shares the same residence with the student for any592
length of time each week, the student, and any teachers or other school personnel593
designated by the principal of the school conducting the screening assessment; and594
(C) Be amenable to differentiated administration according to a student's age, grade595
level, or school level.596
(2) By August 1, 2025, the State Board of Education shall designate at least one597
screening assessment recommended by the Department of Behavioral Health and598
Developmental Disabilities to be made available for use by schools for purposes of599
subsection (i) of the Code section. Each screening assessment designated by the State600
Board of Education for such use shall be made available at no charge to any transferring601
student or his or her parent or legal guardian. Information about such screening602
assessment or assessments shall be published on the public website of the Department of603
Education by August 1, 2025.604
(3) Subject to appropriations or other available funds, the State Board of Education shall605
establish a grant program to reimburse schools that administer and evaluate screening606
assessments designated by the State Board of Education for use by such schools for607
purposes of subsection (i) of this Code section.608
(k) The State Board of Education shall adopt policies and procedures for implementing the609
provisions of this Code section.610
(l) The Department of Education shall collaborate with the Department of Behavioral611
Health and Developmental Disabilities and provide technical assistance to schools and612
local school systems to support implementation of the provisions of this Code section. 613
(m) In lieu of his or her parent, a transferring student who is not in the custody of the614
Department of Juvenile Justice or the Division of Family and Children Services of the615
H. B. 268
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Department of Human Services and who is 18 years of age or older or who has been616
emancipated by operation of law or by court order pursuant to Code Section 15-11-727 or617
as otherwise provided by law shall be authorized to comply on his or her own behalf with618
the requirements of this Code section otherwise applicable to such student's parent or legal619
custodian."620
SECTION 9.621
Said chapter is further amended by revising Code Section 20-2-671, relating to transfer622
students who have committed felony acts and disclosure of act, as follows:623
"20-2-671.624
(a) If any school administrator determines from the information obtained pursuant to Code625
Section 15-11-602 or 20-2-670 or from any other source that a student has:626
(1) Has committed a class A designated felony act or class B designated felony act, as627
defined in Code Section 15-11-2,;628
(2) Is the subject of a notice of chronic disciplinary problem made pursuant to Code629
Section 20-2-765;630
(3) Has a current disciplinary and behavioral correction plan pursuant to Code Section631
20-2-766; or632
(4) Is the subject of a report of the commission of a prohibited act made pursuant to633
Code Section 20-2-1184,634
such administrator shall so inform all teachers to whom the student is assigned that they635
may review the information in the student's file provided pursuant to subsection (b) of636
Code Section 20-2-670 received from other schools or from the juvenile courts. 637
(b) Such information shall be kept confidential."638
SECTION 10.639
Said chapter is further amended by revising Code Section 20-2-700, relating to reports by640
peace officers to school authorities and parent or guardian, as follows:641
H. B. 268
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"20-2-700.
642
(a) As used in this Code section, the term:
643
(1) 'Incidental to' means occurring in the course of or directly associated with standards644
or customary operations of a law enforcement officer's employer.645
(2) 'Law enforcement officer' means any duly constituted agent or officer of the State of646
Georgia or of any county, municipality, political subdivision, or local school system647
thereof who, as a full-time or part-time employee, is vested either expressly by law or by648
virtue of public employment or service with authority to enforce the criminal or traffic649
laws of this state with the power of arrest and whose duties include the preservation of650
public order, the protection of life and property, or the prevention, detection, or651
investigation of crime. Such term shall include, but shall not be limited to, sheriffs and652
deputy sheriffs; any member of the Georgia State Patrol or Georgia Bureau of653
Investigation; campus policemen and school security personnel provided for in Chapter654
8 of this title; any person employed by the Department of Natural Resources as a law655
enforcement officer; any arson investigator of the state fire marshal's office; employees656
designated by the commissioner of community supervision who have the duty to657
supervise children adjudicated for a Class A designated felony act or Class B designated658
felony act after release from restrictive custody, as such terms are defined in Code659
Section 15-11-2; and employees designated by the commissioner of juvenile justice660
pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who have the duty661
to investigate and apprehend delinquent children, or the supervision of delinquent662
children under intensive supervision in the community, and any child with a pending663
juvenile court case alleging the child to be a child in need of services who has escaped664
from a facility under the jurisdiction of the Department of Juvenile Justice or who has665
broken the conditions of supervision.666
(3) 'Official encounter' means an interaction of a law enforcement officer with a school667
age youth in such law enforcement officer's official capacity for the purpose of enforcing668
the criminal laws of this state or preventing, detecting, or investigating a crime.669
H. B. 268
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(4) 'School age youth' means an individual who is between their sixth and sixteenth670
birthdays or who a law enforcement officer knows or reasonably believes is enrolled in671
a public or private elementary or secondary school in this state. Such term shall not672
include an individual who has successfully completed all the requirements for a high673
school diploma or a state approved high school equivalency (HSE) diploma.674
(5) 'School official' means a local school superintendent or his or her designee or a675
school principal or other school administrator.676
(b) Any person taking action pursuant to Code Section 20-2-699 shall report the matter and677
the disposition made by him or her of the child to the school authorities of the county,678
independent or area school system a school official of the public or private school in which679
such child is currently enrolled or would be enrolled by virtue of his or her primary680
residence, and to the child's parent or guardian.681
(c)(1) Except as provided in paragraph (2) of this subsection, within five days of an682
official encounter with a school age youth in this state, the employer of each law683
enforcement officer present for such official encounter shall provide a written report of684
such official encounter to a school official of the public or private school in which such685
school age youth is currently enrolled or would be enrolled by virtue of his or her primary686
residence and to his or her parent or guardian.687
(2) A written report of an official encounter provided for in paragraph (1) of this688
subsection shall not be required:689
(A) When the interaction between the law enforcement officer and the school age690
youth is not incidental to the conduct of a law enforcement officer acting in his or her691
official capacity to enforce the criminal laws of this state or to prevent, detect, or692
investigate a crime; or693
(B) With respect to a school age youth whose presence during or participation in such694
official encounter is due exclusively to such school age youth being a witness or695
potential witness in a criminal investigation; provided, however, that the exception696
provided for in this subparagraph shall not apply if he or she is also a subject of such697
H. B. 268
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criminal investigation or is a suspect or person of interest in such criminal698
investigation."699
SECTION 11.700
Said chapter is further amended by revising Code Section 20-2-720, relating to inspection701
of students' records by parents, as follows:702
"20-2-720.703
(a) As used in this Code section, the term:704
(1) 'Education record' shall have the same meaning as provided for in Code Section705
20-2-662.706
(2) 'Legal custodian' means an entity or individual other than a parent with legal707
authority to act on behalf of a student. Such term shall include the Department of Juvenile708
Justice and the Division of Family and Children Services of the Department of Human709
Services.710
(3) 'Local board of education' means the governing body of each local education agency711
as such terms are defined in Code Section 20-2-167.1. Such term shall include the school712
system of the Department of Juvenile Justice.713
(4) 'Parent' means an individual other than a legal custodian who has legal authority to714
act on behalf of a student as a natural or adoptive parent or a legal guardian.715
(b) No local school system, whether county, independent, or area, local board of education716
shall have a policy of denying, or which effectively prevents, the parents or legal717
custodians of students who are in attendance at or who have been enrolled in any facility718
within such system the right to inspect and review the education records of their child as719
provided in Code Section 20-2-667.720
(c) A parent or legal custodian shall be entitled to inspect and review only information721
relating to his or her own child or ward and if any material or document in a child's or722
ward's record includes information on another student, such information regarding any723
H. B. 268
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other student shall not be made available for inspection or review except to the parents or724
legal custodian of that student. 725
(d) Both parents of a child shall be entitled to inspect and review the education records of726
their child or to be provided information concerning their child's progress. Information727
concerning a child's education record shall not be withheld from the noncustodial parent728
unless a court order has specifically removed the right of the noncustodial parent to such729
information or unless parental rights have been terminated. For purposes of this Code730
section, 'education records' shall include attendance reports and records."731
SECTION 12.732
Said chapter is further amended by revising Code Section 20-2-757, relating to applicability733
of public inspection and open meeting laws, as follows:734
"20-2-757.735
(a) All proceedings and hearings conducted under this subpart shall be confidential and736
shall not be subject to the open meetings requirement of Code Section 50-14-1 or other737
open meetings laws.738
(b) All electronic or other written records of all hearings conducted under this subpart; all739
statements of charges; all notices of hearings; and all written decisions rendered by a740
hearing officer, tribunal, the local board of education, or the State Board of Education shall741
not be subject to public inspection or other disclosure under Article 4 of Chapter 18 of Title742
50 or other public disclosure laws; provided, however, that the board of education state743
board shall prepare a written summary of any proceeding conducted under this subpart,744
which summary shall include a description of the incident and the disposition thereof but745
shall not contain the names of any party to the incident. The summary shall be a public746
record.747
(c) Nothing in this Code section shall be construed to prohibit, restrict, or limit in any748
manner the disclosure of a student's education records to a receiving school as required by749
Code Section 20-2-670."750
H. B. 268
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SECTION 13.
751
Said chapter is further amended by revising Code Section 20-2-766.1, relating to proceeding752
against parents for failure to cooperate in educational programs and penalty, as follows:753
"20-2-766.1.754
(a) A
The local board of education may, by petition to the juvenile court, proceed against755
a parent or guardian as provided in this Code section.756
(b) If the court finds that the parent or guardian has willfully and unreasonably failed to757
attend a conference requested by a principal pursuant to Code Section 20-2-765 or758
20-2-766, the court may order the parent or guardian to attend such a conference, order the759
parent or guardian to participate in such programs or such treatment as the court deems760
appropriate to improve the student's behavior, or both.761
(c) If the court finds that the parent or guardian has willfully and unreasonably failed to762
authorize the release of student education records to a receiving school as required pursuant763
to Code Section 20-2-670, the court may order the parent or guardian to authorize the764
release of such records.765
(d) After notice and opportunity for hearing, the court may impose a fine, not to exceed766
$500.00, on a parent or guardian who willfully disobeys an order of the court entered under767
this Code section. The court may use its contempt and other powers specified in Code768
Section 15-11-31 to enforce any order entered under this Code section."769
SECTION 14.770
Said chapter is further amended by revising Code Section 20-2-779.1, relating to suicide771
prevention and awareness training and no duty of care imposed, as follows:772
"20-2-779.1.773
(a) As used in this Code section, the term 'evidence based' means a program or practice774
that:775
(1) Demonstrates a statistically significant effect on relevant outcomes based on:776
H. B. 268
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(A) Strong evidence from at least one well-designed and well-implemented777
experimental study;778
(B) Moderate evidence from at least one well-designed and well-implemented779
quasi-experimental study; or780
(C) Promising evidence from at least one well-designed and well-implemented781
correlational study with statistical controls for selection bias; or782
(2) Demonstrates a rationale based on high-quality research findings or positive783
evaluation that such program or practice is likely to improve relevant outcomes, and784
includes ongoing efforts to examine the effects of such program or practice.785
(a)(1)(b) The Department State Board of Education shall adopt rules to require that:786
(1) All all certificated public school personnel receive annual training in youth violence787
and suicide awareness and prevention. This Such training shall be provided within the788
framework of existing in-service training programs offered or facilitated by the789
Department of Education, the Department of Behavioral Health and Developmental790
Disabilities, or as part of required professional development offered by a local school791
system or public school. Such training shall include Tier 1 and Tier 2 behavioral health792
training approved by the Department of Behavioral Health and Developmental793
Disabilities; and794
(2)(A) Beginning in the 2026-2027 school year, and continuing each school year795
thereafter, all public schools serving students in any one of grades six through 12 which796
receive funds in any manner from the state shall provide to students:797
(i) At least one hour of evidence based suicide awareness and prevention training798
each school year; and799
(ii) At least one hour of evidence based youth violence prevention training each800
school year.801
(B) Such training may be delivered in person, remotely, or digitally and may be802
included as part of the health and physical education course of study provided for in803
subsection (c) of Code Section 20-2-142.804
H. B. 268
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(2) The (c)(1) By January 1, 2026, the Department of Education shall, in consultation805
with the Department of Behavioral Health and Developmental Disabilities, the Suicide806
Prevention Program established pursuant to Code Section 37-1-27, and student violence807
and suicide prevention experts, and other youth mental health experts, develop a list of808
approved evidence based training programs and materials to fulfill the requirements of809
this subsection Code section which may include training programs and materials810
currently being used by a local school system or public school if such training programs811
and materials meet any the criteria established by the department. 812
(3)(2) Approved training programs and materials shall:813
(A) Shall include training information on how to identify appropriate mental health814
interventions and services, both within the school and also within the larger community,815
and when and how to refer facilitate such interventions and services for youth and their816
families to those services; and817
(4) Approved materials may (B) May include programs and materials that can be818
completed through self-review of suitable student violence and suicide awareness and819
prevention materials approved by the department upon the recommendation of the820
Department of Behavioral Health and Developmental Disabilities.821
(3) Approved training programs and materials for students shall, at a minimum, teach822
students:823
(A) How to recognize the observable signs and signals of depression, suicide, and824
self-injury in themselves and their peers;825
(B) How to recognize the observable warning signs and signals of persons who may826
be at risk of harming themselves or others;827
(C) The importance of seeking help for themselves and their peers and the process for828
seeking help; and829
(D) The steps that can be taken to report dangerous, violent, threatening, harmful, or830
potentially harmful behavior.831
H. B. 268
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(4) The Department of Education shall make the list of approved training programs and832
materials, including no-cost programming, if any, publicly available on its website and833
shall keep it timely updated by reviewing such list, at a minimum, every 36 months.834
(5)(A)(d)(1) Each local school system board of education or public school governing835
body shall:836
(A) Adopt policies, rules, and regulations adopt a policy on student suicide awareness837
and prevention. Such policies, rules, and regulations shall be developed in consultation838
with school and community stakeholders, school employed mental health professionals,839
and suicide prevention experts, and shall, at a minimum, address procedures relating840
to suicide prevention, intervention, and postvention;841
(B) Adopt policies, rules, and regulations for providing relevant and current842
information to students and their families and to school personnel regarding publicly843
available resources for the anonymous reporting of a dangerous, violent, threatening,844
harmful, or potentially harmful activity which occurs on, or is threatened to occur on,845
school property or which relates to a student or school personnel;846
(C) Adopt policies, rules, and regulations for the implementation of the state-wide847
anonymous reporting program provided for in paragraph (6) of subsection (c) of this848
Code section; and849
(D) Implement an evidence based youth violence prevention training program to850
instruct students how to recognize the observable warning signs and signals of someone851
who may be at risk of harming himself, herself, or others; the importance of taking852
threats seriously and seeking help; and how to report someone who is at risk, including853
by using the state-wide anonymous reporting program.854
(B)(2) To assist public schools and local school systems in developing their own policies855
for student violence and suicide awareness and prevention, the Department of Education,856
in consultation with the Suicide Prevention Program within the Department of Behavioral857
Health and Developmental Disabilities, shall establish a model policy for use by public858
schools and local school systems in accordance with this Code section.859
H. B. 268
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(e) Each local board of education or public school governing body shall require each860
public school that sponsors or otherwise permits student organizations or clubs to designate861
a student-led youth violence prevention club to sustain awareness activities related to862
suicide prevention and violence prevention. Such student violence prevention club,863
including existing clubs, shall:864
(1) Be open to all members of the student body;865
(2) Engage in awareness activities related to youth suicide prevention, youth violence866
prevention, and social inclusion;867
(3) Foster opportunities for student leadership development; and868
(4) Have at least one administrator, teacher, or other school personnel serve as a faculty869
advisor. 870
(f)(1) By July 1, 2025, each local board of education or public school governing body871
shall develop and operate, or contract with a provider to develop and operate, and make872
available an anonymous reporting program.873
(2) Such anonymous reporting program shall, at a minimum:874
(A) Be accessible by any person to report anonymously a dangerous, violent,875
threatening, harmful, or potentially harmful activity which occurs on, or is threatened876
to occur on, school property or which relates to a student or school personnel;877
(B) Provide support 24 hours per day, seven days per week for anonymous reporting878
through, at a minimum, a mobile telephone application and a multilingual crisis center,879
which shall be staffed by individuals with evidence based counseling and crisis880
intervention training;881
(C) Promptly forward reported information to the appropriate school based team;882
(D) Support a coordinated response to an identified crisis by schools, local emergency883
9-1-1 public safety answering points, and local law enforcement agencies when884
response by schools and law enforcement is to be reasonably expected;885
H. B. 268
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(E) Require and certify the training of school based teams in each school to receive886
notice of any report submitted to the state-wide anonymous reporting program887
concerning the school, a student, or school personnel;888
(F) Require and certify the training of local emergency 9-1-1 public safety answering889
point personnel to receive notice of any report submitted to the state-wide anonymous890
reporting program that requires response from a local law enforcement agency;891
(G) Promote public awareness and education about the state-wide anonymous reporting892
program and its reporting methods, prior to its launch; and893
(H) Comply with all federal and state laws.894
(3) The provisions of this subsection shall not apply to any local school system or public895
school that, as of January 1, 2025, has an operating anonymous reporting program that896
substantially complies with the requirements of paragraph (2) of this subsection.897
(4) This subsection shall not be construed to interfere with or impede any existing898
contract any local school system or public school has with a provider to operate an899
anonymous reporting program; provided, however, that, to the extent that the terms of900
such contract do not require such provider to operate an anonymous reporting program901
in substantial compliance with the requirements of paragraph (2) of this subsection, such902
contract terms shall not be renewed beyond such contract's current expiration or903
termination date. 904
(g) Each local school system and public school shall update its school safety plan required905
by Code Section 20-2-1185 by including a behavioral threat assessment management plan906
as provided for in Code Section 20-2-1185.1.907
(b)(h) No person shall have a cause of action for any loss or damage caused by any act or908
omission resulting from the implementation of the provisions of this Code section or909
resulting from any training, or lack thereof, required by this Code section.910
(c)(i) The training, or lack thereof, required by the provisions of this Code section shall not911
be construed to impose any specific duty of care."912
H. B. 268
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SECTION 15.
913
Said chapter is further amended by revising Code Section 20-2-785, relating to referral and914
assessment to determine whether withdrawal was to limit education, as follows:915
"20-2-785.916
(a)
In the event that a child student does not for a period of 30 consecutive days attend the 917
public school in which he or she is enrolled or provisionally enrolled and:918
(1) The parent or guardian of such student does not notify the school of such student's919
withdrawal from such school;920
(2) The parent or guardian of such student does not notify the school of such student's921
enrollment or intent to enroll in a home study program or another school;922
(3) Such student is withdrawn from a public such school without a declaration filed923
pursuant to subsection (c) of Code Section 20-2-690; or924
(4) Such student is 16 years of age or older and stops attending such school without925
completing the conference required under subsection (e) of Code Section 20-2-690.1 and926
that child stops attending a public school for a period of 45 days, 927
the school shall refer the matter to the Division of Family and Children Services of the928
Department of Human Services and the RESA student affairs officer of the regional929
educational service agency in which such student resides, as provided for in subsection (b)930
of this Code section.931
(b) For each student who meets the requirements of subsection (a) of this Code section,932
such student's school shall:933
(1) Refer the matter to the Division of Family and Children Services to conduct an934
assessment. The purpose of such referral and assessment shall be limited to for the935
purpose of determining whether such withdrawal was to avoid educating the child.936
Presentation such student; provided, however, that completion of such conference or937
presentation of a copy of such filed declaration shall satisfy the assessment requirements938
of this paragraph, and the Division shall immediately terminate the such assessment939
under this Code section.; and940
H. B. 268
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(2) Refer the matter to the RESA student affairs officer of the regional educational941
service agency in which such student resides for the purpose of determining whether such942
student has enrolled in a home study program or another school and, if such student has943
enrolled in another school, to determine whether the receiving school as defined in Code944
Section 2-20-670 has received such student's education records from the student's945
previous schools; provided, however, that, upon receiving notice that such student has946
enrolled or intends to enroll in a home study program or another school, the referring947
school shall immediately notify the RESA student affairs officer of the regional948
educational service agency in which such student resides of such intent or enrollment and949
if such student has enrolled or intends to enroll in another school, confirm the date by950
which such student's education records as defined in Code Section 2-20-670 will be951
released to the receiving school.952
(c) Nothing in the Code section shall be construed to prohibit or limit a public school from953
making reasonable efforts at any time to determine the whereabouts of a student who is954
withdrawn from such school without a declaration filed pursuant to subsection (c) of Code955
Section 20-2-690 or who stops attending such school without providing notice of956
enrollment or intent to enroll in a home study program or another school or, when such957
student is 16 years of age or older, without completing the conference required under958
subsection (e) of Code Section 20-2-690.1. Such efforts may include, but shall not be959
limited to:960
(1) Contacting the student's parent, guardian, or other legal custodian to inquire of the961
student's whereabouts and whether such student intends to withdraw from the school or962
has enrolled or intends to enroll in a home study program or another school;963
(2) Directing school personnel, including, but not limited to, school social workers and964
school security personnel, to conduct a wellness visit at the student's last known965
residence; and966
(3) As appropriate, referring the matter to the county or municipal law enforcement967
agency having territorial jurisdiction.968
H. B. 268
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(d) Each public school in which a student is enrolled or provisionally enrolled shall969
compile such student's complete education records and make such records available for970
immediate release to any person or entity authorized by law to receive such records:971
(1) For each student who meets the requirements of subsection (a) of this Code section;972
and 973
(2) Each time the school receives sufficient notice that such student is withdrawing from974
the school or is enrolling or intends to enroll in a home study program or another school."975
SECTION 16.976
Said chapter is further amended in Code Section 20-2-786, relating to the "Parents' Bill of977
Rights," by revising subsection (f) as follows:978
"(f) Each governing body shall, in consultation with parents, teachers, and administrators,979
develop and adopt a policy or regulation to promote parental involvement in the public980
schools. Such policy or regulation shall be updated each year by June 1 and posted on each981
governing body's public website, and a copy of such policy or regulation shall be available982
for review on site upon request by a parent. Such policy or regulation shall include:983
(1) Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670 for984
a parent to review records relating to his or her minor child and to request the transfer of985
such records to another school or a person or entity authorized to receive such records;986
(2)(A) Procedures for a parent to learn about his or her minor child's courses of study,987
including, but not limited to, parental access to instructional materials intended for use988
in the classroom. Instructional materials intended for use in his or her minor child's989
classroom shall be made available for parental review during the review period. If such990
instructional materials are not made available by a school or local school system for991
review online, then they shall be made available for review on site upon a parent's992
request made during the review period.993
(B) Procedures for a parent to object to instructional materials intended for use in his994
or her minor child's classroom or recommended by his or her minor child's teacher;995
H. B. 268
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(3) Procedures for a parent to withdraw his or her minor child from the school's
996
prescribed course of study in sex education if the parent provides a written objection to997
his or her minor child's participation. Such procedures must
shall provide for a parent to998
be notified in advance of such course content so that he or she may withdraw his or her999
minor child from the course; and1000
(4) Procedures for a parent to provide written notice that photographs or video or voice1001
recordings of his or her child are not permitted, subject to applicable public safety and1002
security exceptions; and1003
(5) Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670 for1004
the timely production of a student's education records by such student's current or1005
previous school to another school in which such student has enrolled, intends to enroll,1006
or is considering enrollment."1007
SECTION 17.1008
Said chapter is further amended in Code Section 20-2-1181, relating to disrupting operation1009
of public school, school bus, or school bus stop, penalty, and progressive discipline, by1010
revising subsection (a) and paragraph (2) of subsection (b) as follows:1011
"(a) It shall be unlawful for any person to knowingly, intentionally, or recklessly disrupt1012
or interfere with the operation of any public school, public school bus, or public school bus1013
stop as designated by local boards of education. For purposes of this Code section, an1014
individual who knowingly, intentionally, or recklessly threatened, whether verbally, in1015
writing, or otherwise, the death of or serious injury to a group of individuals who are, or1016
will likely be, at or within a public school, public school bus, or public school bus stop,1017
shall be considered to have disrupted or interfered with the operation of such public school,1018
public school bus, or public school bus stop. Except as provided in subsection (b) of this1019
Code section, a person convicted of violating this Code section shall be guilty of a1020
misdemeanor of a high and aggravated nature."1021
H. B. 268
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"(2) A local board of education shall develop a system of progressive discipline that may
1022
be imposed on a child accused of violating this Code section before initiating a1023
complaint. Such system of progressive discipline shall include a requirement that when
1024
there is a credible accusation that an individual threatened, whether verbally, in writing,1025
or otherwise, the death of or serious injury to a group of individuals, pursuant to1026
subsection (a) of this Code section, who are, or will likely be, at or within a public school1027
that such individual attends, or has attended, the school shall immediately suspend and1028
provide counseling to such individual and shall initiate an investigation into such1029
violation. Upon completion of such investigation which results in substantive findings1030
related to such violation, the school may elect to reinstate the individual or impose1031
relevant discipline."1032
SECTION 18.1033
Said chapter is further amended by revising Code Section 20-2-1183, relating to written1034
agreement for law enforcement officers in schools, as follows:1035
"20-2-1183.1036
(a) When a local school system assigns or employs law enforcement officers in schools,1037
the local board of education shall have a collaborative written agreement with law1038
enforcement officials to establish the role of law enforcement and school employees in1039
school disciplinary matters and ensure coordination and cooperation among officials,1040
agencies, and programs involved in school discipline and public protection.1041
(b) By October 1, 2025, the collaborative written agreement required by this Code section 1042
shall include specific terms and conditions for the handling and disclosure of student1043
education records, student data, and student personally identifiable data, as such terms are1044
defined in Code Section 20-2-662. Such terms and conditions shall include, but shall not1045
be limited to:1046
H. B. 268
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(1) Under what circumstances information regarding a student may or shall be disclosed1047
to a law enforcement officer, a law enforcement agency, a judge or court personnel, or1048
another state or local agency or officer with a legal interest in such information;1049
(2) Whether any law enforcement officer who is subject to such agreement is or may act1050
as a school official with access to student education records and the personally1051
identifiable information contained therein; and1052
(3) Whether the law enforcement officers who are subject to such agreement constitute1053
a law enforcement unit, as such term is defined in the federal Family Education Rights1054
and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section 1232g;1055
and 34 C.F.R. Part 99.3; and, if so:1056
(A) What records shall be handled as law enforcement unit records and are not1057
protected by FERPA; and1058
(B) What records shall be handled as education records and are protected by FERPA.1059
(c) By August 1, 2025, the Department of Education shall publish on its public website1060
model language for the terms and conditions required by this Code section to be available1061
for use by schools and law enforcement officers. Such model language shall be reviewed1062
and updated from time to time as necessary to comport with the content of the guidance1063
document promulgated by the Department of Education chief privacy officer as provided1064
for in Code Section 20-2-663."1065
SECTION 19.1066
Said chapter is further amended in Article 27, relating to loitering at or disrupting schools,1067
by adding a new Code section to read as follows:1068
"20-2-1185.1.1069
(a) No later than June 1, 2026, each public school safety plan required by Code Section1070
20-2-1185 shall include a behavioral threat assessment management plan for providing a1071
structured, multidisciplinary process to identify, assess, and mitigate potential threats while1072
supporting the safety and well-being of students and school personnel.1073
H. B. 268
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(b)(1) The Georgia Emergency Management and Homeland Security Agency, in1074
collaboration with the Department of Behavioral Health and Developmental Disabilities,1075
shall provide training and technical assistance to the Department of Education, regional1076
education service agencies, and all local school systems and other public schools in this1077
state on the development and implementation of such behavioral threat assessment1078
management plans.1079
(2) The Georgia Emergency Management and Homeland Security Agency, in1080
collaboration with the Department of Behavioral Health and Developmental Disabilities,1081
may provide the same or similar training and technical assistance to private schools in1082
this state."1083
SECTION 20.1084
Said chapter is further amended in Article 27 by designating Code Sections 20-2-11801085
through 20-2-1185.1 as Part 1 and by adding a new part to read as follows:1086
"Part 21087
20-2-1186.1088
This part shall be known and may be cited as the 'Office of Safe Schools Act.'1089
20-2-1186.1.1090
As used in this part, the term:1091
(1) 'Agency' means the Georgia Emergency Management and Homeland Security1092
Agency.1093
(2) 'Individual of concern' means an individual whose behavior indicates a potential1094
threat to self or others.1095
H. B. 268
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(3) 'Office' or the 'Office of Safe Schools' means a central repository for best practices,1096
training standards, and compliance oversight in all matters regarding school safety and1097
security.1098
(4) 'S3 Database' or the 'School and Student Safety Database' means the state-wide1099
system for obtaining, developing, integrating, and disseminating data and information on1100
threats to the safety of schools, school staff, school events, and students provided for in1101
this part.1102
(5) 'S3 record' means information and assessment findings related to an individual of1103
concern in the S3 Database.1104
20-2-1186.2.1105
(a) There is created the Office of Safe Schools. The office shall serve as a central1106
repository for best practices, training standards, and compliance oversight in all matters1107
regarding school safety and security, including prevention efforts, intervention efforts, and1108
emergency preparedness planning.1109
(b) The office shall operate within the agency.1110
(c) The office shall:1111
(1) Provide technical assistance to each public school in this state to establish policies1112
and procedures for the prevention of violence on school grounds, including the1113
assessment of and intervention with individuals whose behavior poses a threat to the1114
safety of the school community;1115
(2) Establish and update, as necessary, a school security risk assessment tool for use by1116
public schools. The office shall provide continuous training to appropriate public school1117
personnel on the proper assessment of physical site security and completion of a school1118
security risk assessment tool;1119
(3) Provide ongoing professional learning opportunities to local school system personnel;1120
H. B. 268
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(4) Provide a coordinated and interdisciplinary approach to providing technical1121
assistance and guidance to local school systems on safety and security and1122
recommendations therefor;1123
(5) Develop and implement a school safety director training program for school safety1124
directors. The office shall develop the training program which shall be based on national1125
and state best practices on school safety and security and must include active shooter1126
training. The office shall develop training modules in traditional or online formats. A1127
school safety director certificate of completion shall be awarded to a school safety1128
director who satisfactorily completes the training required by rules of the office. The1129
office shall work with the Georgia Public Safety Training Center to ensure the school1130
safety director certificate aligns with the school resource officer program standards;1131
(6) Review and provide recommendations on the security risk assessments;1132
(7) Disseminate, in consultation with the Department of Public Safety, to participating1133
schools awareness and education materials on the proper use of the 'See Something, Send1134
Something' digital reporting application, including the consequences of knowingly1135
submitting false information; and1136
(8) Develop a state-wide behavioral threat management operational process, a state-wide1137
behavioral threat assessment indicator, and the S3 Database.1138
20-2-1186.3.1139
(a) By July 1, 2026, the office shall develop a state-wide behavioral threat management1140
operational process to guide local school systems, schools, and local law enforcement1141
through the threat management process. The process must be designed to identify, assess,1142
manage, and monitor potential and real threats to schools. This process shall include, but1143
shall not be limited to:1144
(1) The establishment and duties of threat management teams;1145
(2) Defining behavioral risks and threats;1146
H. B. 268
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(3) Evaluating the behavior of students who may pose a threat to the school, school1147
personnel, or other students and to coordinate intervention and services for such students;1148
(4) The use, authorized user criteria, and access specifications for information collected1149
by the behavioral threat management teams;1150
(5) Procedures for the implementation of interventions, school support, and community1151
services;1152
(6) Guidelines for appropriate law enforcement intervention;1153
(7) Procedures for risk management;1154
(8) Procedures for disciplinary actions;1155
(9) Mechanisms for continued monitoring of potential and real threats;1156
(10) Procedures for referrals to mental health services identified by the local school1157
system; and1158
(11) Procedures and requirements necessary for the creation of a threat assessment1159
report, all corresponding documentation, and any other required information.1160
(b) Upon availability, each local school system and school must use the state-wide1161
behavioral threat management operational process.1162
(c) The office shall provide training to all local school systems and schools on the1163
state-wide behavioral threat management operational process.1164
(d) The office shall coordinate the ongoing development, implementation, and operation1165
of the state-wide behavioral threat management operational process.1166
20-2-1186.4.1167
(a) By July 1, 2026, the office shall develop a state-wide behavioral threat assessment1168
indicator to evaluate the behavior of students who may pose a threat to the school, school1169
personnel, or students and to coordinate intervention and services for such students. The1170
state-wide behavioral threat assessment indicator shall include, but shall not be limited to:1171
(1) An assessment of the threat, which includes an assessment of the student, family,1172
school, and social dynamics;1173
H. B. 268
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(2) An evaluation to determine whether a threat exists and if so, the type of threat;1174
(3) The response to a threat, which includes the school response, the role of law1175
enforcement agencies in the response, and the response by mental health providers;1176
(4) Ongoing monitoring to assess implementation of threat management and safety1177
strategies;1178
(5) Ongoing monitoring to evaluate interventions and support provided to the student;1179
and1180
(6) A standardized threat assessment report, which shall include, but shall not be limited1181
to, all documentation associated with the evaluation, intervention, management, and any1182
ongoing monitoring of the threat.1183
(b) Upon availability, each local school system and school shall use the behavioral threat1184
assessment indicator.1185
(c) The office shall provide training for members of local law enforcement and for all local1186
school systems regarding the use of the behavioral threat assessment indicator.1187
20-2-1186.5.1188
(a) Not later than July 1, 2026, the agency shall procure a state-wide behavioral threat1189
assessment management system, known as the School and Student Safety Database or S31190
Database, that will collect and integrate data to evaluate the behavior of students who may1191
pose a threat to the school, school personnel, or students; to provide for timely and1192
methodical school based threat assessment and management; and to coordinate intervention1193
and services for such students.1194
(b) The S3 Database shall include, but shall not be limited to, the following functionalities:1195
(1) Workflow processes that align with the state-wide behavioral threat management1196
operational process;1197
(2) Direct data entry and file uploading, as required by the behavioral threat assessment1198
indicator;1199
H. B. 268
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(3) The ability to create a threat assessment report as required by the behavioral threat1200
assessment indicator;1201
(4) The ability of authorized personnel to add to or update a threat assessment report, all1202
corresponding documentation, or any other information as required by the behavioral1203
threat assessment indicator;1204
(5) The ability to create and remove connections between S3 records in the portal and1205
authorized personnel;1206
(6) The ability to securely transfer S3 records in the portal to other public schools or1207
private or charter schools;1208
(7) The ability to grant jurisdiction-appropriate access to the appointed school safety1209
directors, authorized members of the established threat management teams, and1210
authorized personnel as specified by the state-wide behavioral threat management1211
operational process; and1212
(8) The ability to receive tips and threat reports from federal agencies, state agencies, and1213
local law enforcement.1214
(c) To ensure access to timely, complete, and accurate information, the S3 Database shall,1215
at a minimum, receive and share data from the following sources:1216
(1) The Department of Administrative Services;1217
(2) The Department of Behavioral Health and Developmental Disabilities;1218
(3) The Department of Education;1219
(4) The Department of Human Services;1220
(5) The Division of Family and Children Services;1221
(6) The Department of Juvenile Justice;1222
(7) The Georgia Bureau of Investigation;1223
(8) The Georgia Technology Authority;1224
(9) The mobile suspicious activity reporting tool known as 'See Something, Send1225
Something'; and1226
(10) Local law enforcement and their threat reporting systems.1227
H. B. 268
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(d) A local school system may request copies of S3 records of individuals of concern in1228
that local school system for authorized local school system personnel.1229
(e) The parent of a student may request a copy of his or her student's S3 record, but the1230
request shall not be considered if said parent's parental rights have been terminated or a1231
court of competent jurisdiction has restricted or denied such access.1232
(f) To maintain the confidentiality requirements attached to the information provided to1233
the S3 Database by the various state and local agencies, each source agency providing data1234
to the S3 Database shall be the sole custodian of the data for the purpose of any request for1235
inspection or copies thereof under Code Section 50-18-72.1236
(g) The S3 Database shall comply with the requirements and standards established by the1237
Federal Bureau of Investigation's Criminal Justice Information Services Security Policy.1238
(h) The office shall develop and implement a quarterly S3 Database access review audit1239
process.1240
(i) Upon availability, each local school system and school shall comply with the quarterly1241
S3 Database access review audit process developed by the office.1242
(j) By August 1, 2026, and annually thereafter, the office shall provide role-based training1243
to all authorized local school system and school personnel.1244
(k) Any individual who accesses, uses, or releases any S3 record for a purpose not1245
specifically authorized by law commits a noncriminal infraction, punishable by a fine not1246
to exceed $2,000.00.1247
20-2-1186.6.1248
The office shall provide technical assistance to ensure each local school system establishes1249
school safety best practices, which shall include:1250
(1) Each local school system shall designate a school safety director for such local school1251
system. The school safety director shall be a school administrator employed by such1252
local school system, a law enforcement officer employed by such local school system,1253
a law enforcement officer employed by the sheriff's office of the county where such local1254
H. B. 268
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school system is primarily located, or a law enforcement officer employed by the city1255
police department of the city where such local school system is primarily located. Any1256
school safety director designated from a sheriff's office must first be authorized and1257
approved by the sheriff employing such law enforcement officer. Any school safety1258
director designated from a sheriff's office remains the employee of the sheriff's office for1259
purposes of compensation, insurance, workers' compensation, and other benefits1260
authorized by law for a law enforcement officer employed by the sheriff's office. The1261
sheriff and the local school superintendent shall determine by agreement the1262
reimbursement for such costs, or may share the costs, associated with employment of the1263
law enforcement officer as a school safety director. The school safety director must earn1264
a certificate of completion of the school safety director training provided by the office1265
within one year after appointment and is responsible for the supervision and oversight for1266
all school safety and security personnel, policies, and procedures in the local school1267
system;1268
(2) The school safety director, or his or her qualified designee, shall:1269
(A) Annually review local school system policies and procedures for compliance with1270
state law and rules. At least quarterly, the school safety director shall report to the local1271
school superintendent and the local board of education any noncompliance by the local1272
school system with laws or rules regarding school safety;1273
(B) Provide the necessary training and resources to students and local school system1274
staff in matters relating to youth mental health awareness and assistance; emergency1275
procedures, including active shooter training; and school safety and security;1276
(C) Serve as the local school system liaison with local public safety agencies and1277
national, state, and community agencies and organizations in matters of school safety1278
and security;1279
(D) In collaboration with the appropriate public safety agencies, by October 1 of each1280
year, conduct a school security risk assessment at each public school and private school1281
by request. Based on the assessment findings, the local school system's school safety1282
H. B. 268
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director shall provide recommendations to the local school superintendent and the local1283
board of education which identify strategies and activities that the local board of1284
education should establish, and the local school superintendent should implement, in1285
order to address the findings and improve school safety and security. Each local board1286
of education must receive such findings and the school safety director's1287
recommendations at a publicly noticed local board of education meeting to provide the1288
public an opportunity to hear the local board of education members discuss and take1289
action on the findings and recommendations. Each school safety director, through the1290
local school superintendent, shall report such findings and school board action to the1291
office within 30 days after the local board of education meeting;1292
(E) Conduct annual unannounced inspections, using the form adopted by the office and1293
the local school system, of all public schools while school is in session and investigate1294
reports of noncompliance with school safety requirements to the local school1295
superintendent;1296
(F) Report violations of school safety requirements by educators to the local school1297
superintendent, as applicable; and1298
(G) By October 1 of each year, the school safety director shall hold a public meeting1299
with parents to inform them of school safety policies and to hear their input. Such1300
meeting may include other school officials, law enforcement officers, and the local1301
mental health coordinator;1302
(3) Each local school superintendent shall identify a mental health coordinator for the1303
local school system. The mental health coordinator shall serve as the local school1304
system's primary point of contact regarding the local school system's coordination,1305
communication, and implementation of student mental health policies, procedures,1306
responsibilities, and reporting, including:1307
(A) Coordinating with the office;1308
(B) Maintaining records and reports regarding student mental health as it relates to1309
school safety;1310
H. B. 268
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(C) Facilitating the implementation of local school system policies relating to the1311
respective duties and responsibilities of the local school system, the local school1312
superintendent, and local school system principals;1313
(D) Coordinating with the school safety director on the staffing and training of threat1314
assessment teams and facilitating referrals to mental health services, as appropriate, for1315
students and their families;1316
(E) Coordinating with the school safety director on the training and resources for1317
students and local school system staff relating to youth mental health awareness and1318
assistance; and1319
(F) Reviewing annually the local school system's policies and procedures related to1320
student mental health for compliance with state law and alignment with current best1321
practices and making recommendations, as needed, for amending such policies and1322
procedures to the local school superintendent and the local board of education;1323
(4) Each school safety director shall coordinate with the appropriate public safety1324
agencies that are designated as first responders to a school's campus to conduct an1325
inspection of such campus once every three years and provide recommendations related1326
to school safety. The office may be utilized to help coordinate and participate in these1327
inspections. The recommendations by the public safety agencies must be considered as1328
part of the recommendations by the school safety director pursuant to paragraph (A) of1329
paragraph (2) of this subsection;1330
(5) Each local board of education shall adopt, in coordination with local law enforcement1331
agencies and local governments, a family reunification plan to reunite students and1332
employees with their families in the event that a school is closed or unexpectedly1333
evacuated due to a natural or manmade disaster. Such reunification plan must be1334
reviewed annually and updated, as applicable;1335
(6) By August 1, 2026, each local school system shall comply with the following school1336
safety requirements:1337
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(A) All exterior doors or other access points that restrict ingress to or egress from a1338
school campus shall remain closed and locked at all times. An exterior door or other1339
campus access point may not be open or unlocked, regardless of whether it is during1340
normal school hours, unless: (1) attended or actively monitored by a school staff1341
member; or (2) the use is in accordance with a shared use agreement;1342
(B) All school classrooms and other instructional spaces must be locked to prevent1343
ingress when occupied by students, except between class periods when students are1344
moving between classrooms or other instructional spaces. If a classroom or other1345
instructional space door must be left unlocked or open for any reason other than1346
between class periods when students are moving between classrooms or other1347
instructional spaces, the door must be actively staffed by a person standing or seated1348
at the door;1349
(C) All campus access doors and other access points that allow ingress to or egress1350
from a school building shall remain closed and locked at all times to prevent ingress,1351
unless a person is actively entering or exiting the door or other access point. All1352
campus access doors, gates, and other access points may be electronically or manually1353
controlled by school personnel to allow access by authorized visitors, students, and1354
school personnel;1355
(D) All school classrooms and other instructional spaces must clearly and1356
conspicuously mark the safest areas in each classroom or other instructional space1357
where students must shelter in place during an emergency. Students must be notified1358
of these safe areas within the first ten days of the school year. The office shall assist1359
the school safety director with compliance during inspections; and1360
(E) Persons who are aware of a violation of this paragraph must report the violation to1361
the school principal. The school principal must report the violation to the school safety1362
director no later than the next business day after receiving such report. If the person1363
who violated this paragraph is the school principal, the report must be made directly to1364
the local school superintendent, as applicable; and1365
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(7) Each local board of education shall adopt a progressive discipline policy for1366
addressing any educator as defined in Code Section 20-2-982.1 who knowingly violates1367
school safety requirements.1368
20-2-1186.7.1369
The office shall ensure that each local school system establishes a threat management team1370
at each school whose duties include the coordination of resources and assessment of and1371
intervention with students whose behavior may pose a threat to themselves or the safety of1372
the school, school staff, or other students. Each school's threat management team shall1373
adhere to the following requirements:1374
(1) Upon the availability of a state-wide behavioral threat management operational1375
process, all threat management teams shall use the operational process;1376
(2) A threat management team shall be formed at the discretion of the local school1377
superintendent and local sheriff's office, and shall include persons with expertise in1378
counseling, mental health instruction, school administration, and law enforcement. All1379
members of the threat management team must be involved in the threat assessment and1380
threat management process and final decision making. At least one member of the threat1381
management team must have personal familiarity with the individual who is the subject1382
of the threat assessment. If no member of the threat management team has such1383
familiarity, an educator, as defined in Code Section 20-2-982.1, who is personally1384
familiar with the individual who is the subject of the threat assessment must consult with1385
the threat management team for the purpose of assessing the threat. The educator who1386
provides such consultation shall not participate in the decision-making process;1387
(3) The threat management team shall identify members of the school community to1388
whom threatening behavior should be reported and provide guidance to students, faculty,1389
and staff regarding recognition of threatening or aberrant behavior that may represent a1390
threat to the community, school, or self;1391
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(4) Upon the availability of the state-wide behavioral threat assessment indicator, all1392
threat management teams shall use that indicator when evaluating the behavior of1393
students who may pose a threat to the school, school staff, or students and to coordinate1394
intervention and services for such students;1395
(5) Upon a preliminary determination that a student poses a threat of violence or physical1396
harm to himself or herself or others, a threat management team shall immediately report1397
its determination to the local school superintendent or his or her designee, local law1398
enforcement, and the office. The local school superintendent or his or her designee shall1399
immediately attempt to notify the student's parent or legal guardian and will determine1400
who within the threat management team is the most appropriate to handle the situation. 1401
Nothing in this subsection precludes the local school system from acting immediately to1402
address an imminent threat;1403
(6) Upon a preliminary determination by the threat management team that a student1404
poses a threat of violence to himself or herself or others or exhibits significantly1405
disruptive behavior or need for assistance, authorized members of the threat management1406
team shall submit a report to the office, who will use the S3 Database to complete its own1407
report based on all available state resources on the individual of concern. A member of1408
a threat management team may not disclose any information gathered during the creation1409
of the report, gathered on the individual of concern from the office, or otherwise use any1410
record of an individual beyond the purpose for which such disclosure was made to the1411
threat management team;1412
(7) Notwithstanding any other provision of law, all state and local agencies and programs1413
that provide services to students experiencing or at risk of demonstrating behavior which1414
indicates they may harm themselves or others, including, but not limited to, local school1415
systems, school personnel, state and local law enforcement agencies, the Department of1416
Juvenile Justice, the Department of Human Services, the Division of Family and Children1417
Services, the Department of Behavioral Health and Developmental Disabilities, the1418
Department of Education, the Office of the Child Advocate for the Protection of1419
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Children, and any service or support provider contracting with such agencies, should1420
submit concerns to the office using the S3 Database to ensure the safety of the student or1421
others;1422
(8) If an immediate mental health or substance abuse crisis is suspected, school1423
personnel shall follow steps established by the threat management team to engage1424
behavioral health crisis resources. Behavioral health crisis resources, including, but not1425
limited to, mobile crisis teams and school resource officers trained in crisis intervention,1426
shall provide emergency intervention and assessment, make recommendations, and refer1427
the student for appropriate services. Onsite school personnel shall report all such1428
situations and actions taken to the threat management team, which shall contact the other1429
agencies involved with the student and any known service providers to share information1430
and coordinate any necessary follow-up actions. Upon the student's transfer to a different1431
school, the threat management team shall verify that any intervention services provided1432
to the student remain in place until the threat management team of the receiving school1433
independently determines the need for intervention services;1434
(9) If human trafficking or gang affiliation is suspected, school personnel shall follow1435
steps established by the threat management team to seek law enforcement assistance and1436
to identify appropriate interventions for the safety of the student from outside criminal1437
syndicates;1438
(10) The threat management team shall prepare a threat assessment report required by1439
the state-wide behavioral threat assessment indicator. A threat assessment report, all1440
corresponding documentation, and any other information required by the state-wide1441
behavioral threat assessment indicator shall be submitted to the office through the S31442
Database. Reports, tips, and information submitted into the S3 Database shall become1443
an S3 record; and1444
(11) Each local board of education shall establish a threat management coordinator to1445
serve as the primary point of contact regarding the local school system's coordination,1446
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communication, and implementation of the threat management program and to report1447
quantitative data to the office.1448
20-2-1186.8.1449
By August 1 of each year, the office shall:1450
(1) Evaluate each local school system's use of the state-wide behavioral threat1451
management operational process, the state-wide behavioral threat assessment indicator,1452
and the S3 Database for compliance with this part;1453
(2) Notify the local school superintendent, as applicable, if the use of the state-wide1454
behavioral threat management operational process, the state-wide behavioral threat1455
assessment indicator, or the S3 Database is not in compliance with this part; and1456
(3) Report any issues of ongoing noncompliance with this part to the commissioner of1457
Juvenile Justice and the local school superintendent, as applicable.1458
20-2-1186.9.1459
(a)(1) By August 1, 2025, the office shall develop and adopt a school safety compliance1460
inspection report to document compliance or noncompliance with school safety1461
requirements mandated by law, rule, or regulation and adherence to established school1462
safety best practices to evaluate the safety, security, and emergency response of the1463
school.1464
(2) Upon the adoption of the report and upon any revisions to the report, the office shall1465
provide a blank copy of such report to each local school superintendent.1466
(b) The office shall monitor compliance with requirements relating to school safety by1467
local school systems and schools. The office shall conduct unannounced inspections of all1468
public schools while school is in session, triennially, and investigate reports of1469
noncompliance with school safety requirements. Within three school days after the1470
unannounced inspection, the office shall provide a copy of the completed school safety1471
compliance inspection report, including any photographs or other evidence of1472
H. B. 268
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noncompliance, to the school safety director; the school principal, as appropriate, and the1473
local school superintendent. The school safety director shall acknowledge, in writing,1474
receipt of the report within one school day after receipt. The office shall reinspect any1475
school with documented deficiencies within six months. The school safety director, or his1476
or her designee, shall provide the office with written notice of how the noncompliance has1477
been remediated within three school days after receipt of the report.1478
(c) The office shall provide quarterly reports to each local school superintendent and school1479
safety director identifying the number and percentage of schools inspected or reinspected1480
during that quarter and the number and percentage of inspected schools that had no school1481
safety requirement deficiencies. The school safety director shall present each quarterly1482
report to the local board of education in a public meeting. Annually, during the first1483
quarter of every school year, the school safety director shall report to the local board of1484
education in a public meeting the number of schools inspected during the preceding1485
calendar year and the number and percentage of schools in compliance during the initial1486
inspection and reinspection."1487
SECTION 21.1488
Code Section 16-11-37 of the Official Code of Georgia Annotated, relating to terroristic1489
threats and acts and penalties, is amended by revising paragraph (1) of subsection (d) and by1490
adding new subsections to read as follows:1491
"(d)(1) A person convicted of the offense of a terroristic threat shall be punished as for1492
a misdemeanor; provided, however, that, if the threat suggested the death of the1493
threatened individual or threatened the death of, or serious injury to, a group of1494
individuals who are or will likely be at or within a school, the person convicted shall be1495
guilty of a felony and shall be punished by a fine of not more than $1,000.00,1496
imprisonment for not less than one nor more than five years, or both."1497
"(f) Any parent or legal guardian who intentionally advises, counsels, encourages, aids, or1498
abets his or her minor child in the commission of an offense prohibited by paragraph (1)1499
H. B. 268
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of subsection (d) of this Code section, relating to threatening the death of, or serious injury1500
to, a group of individuals who are or will likely be at or within a school, shall be deemed1501
a person concerned in the commission of such offense, as provided for in Code Section1502
16-2-20, and may be charged with and convicted of the commission of such offense as a1503
party thereto.1504
(g) Whenever there is a credible accusation that a person threatened, whether verbally, in1505
writing, or otherwise, the death of, or serious injury to, a group of individuals, pursuant to1506
paragraph (1) of subsection (d) of this Code section, who are or will likely be at or within1507
a school and that the person who made the threat attends, or has attended, the school, such1508
school shall immediately suspend and provide counseling to the person who made the1509
threat while the school and other parties investigate the allegation or information related1510
to the threat. Once the school has made a substantive finding related to the threat, it may1511
elect to reinstate the person or impose relevant discipline."1512
SECTION 22.1513
Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to1514
inspection of public records, is amended in Code Section 50-18-72, relating to when public1515
disclosure not required, by striking "or" at the end of paragraph (51), by replacing the period1516
with "; and" at the end of paragraph (52), and by adding a new paragraph to read as follows:1517
"(53) Information held in the School and Student Safety Database provided for in Part 21518
of Article 27 of Chapter 2 of Title 20 or by a threat management team established by a1519
local school system relating to the assessment of or intervention with an individual of1520
concern."1521
SECTION 23.1522
This Act shall become effective upon its approval by the Governor or upon its becoming law1523
without such approval.1524
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SECTION 24.
1525
All laws and parts of laws in conflict with this Act are repealed. 1526
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