Georgia House Bill HB268 Comm Sub / Bill

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The House Committee on Education offers the following substitute to HB 268:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to1
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 behavioral 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 require positive behavioral interventions and7
supports and response to intervention programs and initiatives for certain low-performing8
elementary and secondary and middle schools; to provide for the transfer of student records9
and other information among schools, law enforcement agencies, and other agencies with10
legal interests in students; to repeal references to the Department of Behavioral Health and11
Developmental Disabilities as legal custodian of school age children and to make conforming12
changes; to require memoranda of understanding between certain state agencies and local13
units of administration to include provisions relevant to the disclosure of student information;14
to provide for the release of student information from certain state agencies to local units of15
administration; to authorize RESAs to participate in dispute resolution procedures; to provide16
for the designation of RESA student affairs officers; to provide for the Department of17
Education's chief privacy officer to promulgate a guidance document relevant to sharing18
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student records and other information; to provide for the release of student education records19
by local boards of education and local education agencies; to provide for certain student20
education records to be deemed critical records; to provide for the transfer of student21
education records, including critical records, to receiving schools; to provide for required22
disclosures; to provide for provisional enrollment at receiving schools; to provide for the23
transfer of students seeking enrollment in any grade higher than fifth grade; to provide for24
case management consultations; to provide for policies and implementation; to provide for25
school administrators to disclose certain information regarding students with the students'26
assigned classroom teachers; to provide for such information to remain confidential; to27
provide for local boards of education to petition courts to require parents to authorize the28
release of a transferring student's education records; to provide for a penalty; to provide for29
mandatory assessments when certain students withdraw from or stop attending school; to30
update the "Parents' Bill of Rights"; to provide for access to and transferring student31
education records; to require written agreements for law enforcement officers in school to32
include specific terms and conditions relevant to the handling and disclosure of student33
information; to require the Department of Education to publish model terms and conditions;34
to revise provisions regarding disrupting and interfering with certain public school35
operations; to provide for a system of discipline; to provide for investigations; to revise36
felony provisions regarding individuals attending the same school; to provide for school37
safety plans to address behavioral health needs of students; to create an Office of Safe38
Schools within the Georgia Emergency Management and Homeland Security Agency; to39
establish school safety best practices for local school systems; to ensure each local school40
system has a threat management team; to provide technical assistance for local school41
systems to develop policies and procedures for their threat management teams; to develop42
a state-wide behavioral threat management operational process; to provide state-wide43
behavioral threat assessment indicators; to procure a state-wide behavioral threat assessment44
management system, known as the School and Student Safety Database or S3 Database, to45
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collect and integrate data to evaluate the behavior of students who may pose a threat to the46
school, school staff, or students, to provide and coordinate state resources to assist local47
school systems to make timely and methodical school based threat assessment and48
management decisions, and to help local districts coordinate intervention and services for49
such students; to evaluate each local school system's use of the state-wide behavioral threat50
management operational process; to adopt a school safety compliance inspection report; to51
ensure the S3 Database provides local school systems and their threat management teams52
with all available data pertaining to their jurisdiction; to provide for a process for the closure53
of a student's case from the S3 database; to provide all of the aforementioned services and54
assistance to private schools upon request; to provide for a short title; to provide for55
definitions; to amend Code Section 16-11-37 of the Official Code of Georgia Annotated,56
relating to terroristic threats and acts and penalties, so as to provide for the offense of57
threatening the death of or serious injury to individuals who are or likely to be at school; to58
provide for parents and legal guardians to be charged as a person concerned in the59
commission of such offense; to amend Article 4 of Chapter 18 of Title 50 of the Official60
Code of Georgia Annotated, relating to inspection of public records, so as to provide for an61
exemption; to provide for related matters; to provide for an effective date; to repeal62
conflicting laws; and for other purposes.63
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:64
SECTION 1.65
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and66
secondary education, is amended in Code Section 20-2-133, relating to free public67
instruction, exceptions, eligibility, and procedure and requirements when child in custody of68
or in a placement or facility of a state agency, by revising subsection (b) as follows:69
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"(b)(1)(A)  Any child, except as otherwise specifically provided in subparagraph (D)70
of this paragraph, who is:71
(i)  In the physical or legal custody of the Department of Juvenile Justice or the72
Department of Human Services or any of its divisions, including, but not limited to,73
the Division of Family and Children Services;74
(ii)  In a placement operated by the Department of Human Services or the Department75
of Behavioral Health and Developmental Disabilities;76
(iii)  In a facility or placement paid for by the Department of Juvenile Justice, the77
Department of Human Services or any of its divisions, or the Department of78
Behavioral Health and Developmental Disabilities including, but not limited to, the79
Division of Family and Children Services; or80
(iv)  Placed in a psychiatric residential treatment facility by his or her parent or legal81
guardian pursuant to a physician's order, if such child is not a home study, private82
school, or out-of-state student83
and who is physically present within the geographical area served by a local unit of84
administration for any length of time is eligible for enrollment in the educational85
programs of that local unit of administration; provided, however, that the child meets86
the age eligibility requirements established by this article.  Except for children who are87
committed to the Department of Juvenile Justice and receiving education services under88
Code Section 20-2-2084.1, the local unit of administration of the school district in89
which such child is present shall be responsible for the provision of all educational90
programs, including special education and related services, at no charge so long as the91
child is physically present in the school district.92
(B)  A child shall be considered in the physical or legal custody of the Department of93
Juvenile Justice or the Department of Human Services or any of its divisions, including,94
but not limited to, the Division of Family and Children Services, if custody has been95
awarded either temporarily or permanently by court order or by voluntary agreement,96
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or if the child has been admitted or placed according to an individualized treatment or97
service plan of the Department of Human Services or the Division of Family and98
Children Services.  A child shall be considered in a facility or placement paid for or99
operated by the Department of Behavioral Health and Developmental Disabilities if the100
child has been admitted or placed according to an individualized treatment or service101
plan of the Department of Behavioral Health and Developmental Disabilities or its102
contractors.103
(C) A facility providing educational services onsite to a child described in104
subparagraph (A) of this paragraph who is unable to leave such facility shall enter into105
a memorandum of understanding with the local unit of administration in which the106
facility is located.  Such memorandum of understanding shall include, at a minimum,107
provisions regarding enrollment counting procedures, allocation of funding based on108
actual days of enrollment in the facility, and the party responsible for employing109
teachers, and the respective rights and responsibilities of the parties relative to the110
disclosure of the child's education records, as such term is defined in Code Section111
20-2-670.  A memorandum of understanding shall be reviewed and renewed at least112
every two years; provided, however, that, if any memorandum of understanding in113
place on July 1, 2025, does not include such provisions regarding the respective rights114
and responsibilities of the parties relative to the disclosure of the child's education115
records, such memorandum of understanding shall be reviewed and updated by no later116
than October 1, 2025.117
(D)  No child in a secure residential facility as defined in Code Section 15-11-2,118
regardless of his or her custody status, shall be eligible for enrollment in the educational119
programs of the local unit of administration of the school district in which such facility120
is located.  No child or youth in the custody of the Department of Corrections or the121
Department of Juvenile Justice and confined in a facility as a result of a sentence122
imposed by a court shall be eligible for enrollment in the educational programs of the123
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local unit of administration of the school district where such child or youth is being124
held; provided, however, that such child or youth may be eligible for enrollment in a125
state charter school pursuant to Code Section 20-2-2084.1.126
(2)  Except as otherwise provided in this Code section, placement in a facility by another127
local unit of administration shall not create an obligation, financial or otherwise, on the128
part of the local unit of administration in which the facility is located to educate the child.129
(3)  For any child described in subparagraph (A) of paragraph (1) of this subsection, the130
custodian of or placing agency for the child shall notify the appropriate local unit of131
administration at least five days in advance of the move, when possible, when the child132
is to be moved from one local unit of administration to another.133
(4)  When the custodian of or placing agency for any child notifies a local unit of134
administration, as provided in paragraph (3) of this subsection, that the child may become135
eligible for enrollment in the educational programs of a local unit of administration, such136
local unit of administration shall request the transfer of the educational education records137
and Individualized Education Programs and all education related evaluations,138
assessments, social histories, and observations of the child from the appropriate local unit139
of administration no later than ten five days after receiving notification.  Notwithstanding140
any other law to the contrary, the custodian of the records has the obligation to transfer141
these such records and the local unit of administration has the right to receive, review,142
and utilize these such records.  Notwithstanding any other law to the contrary, upon the143
request of a local unit of administration responsible for providing educational services to144
a child described in subparagraph (A) of paragraph (1) of this subsection, the Department145
of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities,146
or the Department of Human Services, or the Division of Family and Children Services147
shall furnish to the local unit of administration all medical and educational education148
records in the possession of the Department of Juvenile Justice, the Department of149
Behavioral Health and Developmental Disabilities, or the Department of Human150
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Services, or the Division of Family and Children Services pertaining to any such child,151
except where consent of a parent or legal guardian is required in order to authorize the152
release of any of such records, in which event the Department of Juvenile Justice, the153
Department of Behavioral Health and Developmental Disabilities, or the Department of154
Human Services shall obtain such consent from the parent or guardian prior to such155
release.  Such records shall include, but shall not be limited to, any record that such156
student:157
(A)  Has ever been adjudicated delinquent of the commission of a class A designated158
felony act or class B designated felony act, as defined in Code Section 15-11-2 and, if159
so, the date of such adjudication, the offense committed, the jurisdiction in which such160
adjudication was made, and the sentence imposed;161
(B) Is currently serving a short-term suspension, a long-term suspension, or an162
expulsion from another school, the reason for such discipline, and the term of such163
discipline;164
(C)  Is currently the subject of a notice of a disciplinary hearing pursuant to Code165
Section 20-2-754; or166
(D)  Is currently or has ever been the subject of a:167
(i)  Notice of a report of criminal action made pursuant to Code Section 20-2-756;168
(ii)  Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765;169
(iii)  Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;170
or171
(iv)  Report of the commission of a prohibited act made pursuant to Code Section172
20-2-1184.173
(5)  In the event that the Department of Juvenile Justice, the Department of Human174
Services, or the Division of Family and Children Services contends that any record175
provided for in paragraph (4) of this subsection cannot be released without consent of a176
parent or legal guardian, such agency shall:177
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(A)  Within five days after receiving a request for records under this subsection:178
(i)  Release all records not subject to such restriction;179
(ii)  Provide in writing to the local unit of administration and the RESA student affairs180
officer of the RESA in which such local unit of administration is located a list that181
identifies each record that such agency contends is subject to such restriction and the182
legal basis for such restriction; and183
(iii)  Initiate both verbal and written contact with the parent or legal guardian to obtain184
consent which the agency contends is required; and185
(B)  Upon receipt of the consent provided for in division (5)(A)(iii) of this subsection,186
immediately release the subject record to the local unit of administration.187
(6)(A)  In the event that an agency contends that releasing, in whole or in part, a188
student's records as required by this Code section would be unlawful, such agency shall189
promptly provide a written notice of dispute to the RESA student affairs officer of the190
RESA in which the local unit of administration is located.191
(B) In the event that a local unit of administration contends that a student's records, in192
whole or in part, have been unlawfully or unduly withheld from release by a sending193
school, such local unit of administration shall promptly provide a written notice of194
dispute to the RESA student affairs officer of the RESA in which the local unit of195
administration is located.196
(C)(i) Upon receipt of a notice of dispute from an agency as provided for in197
subparagraph (A) of this paragraph or from a local unit of administration as provided198
in subparagraph (B) of this paragraph, the RESA student affairs officer shall be199
authorized to work in coordination with any sending school, any receiving school, any200
other requestor, and the parent or legal custodian of the student whose records are the201
subject of such notice to resolve any dispute by providing technical assistance and202
guidance as to the respective rights and responsibilities of each of the parties to the203
dispute.204
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(ii)  To the extent that such efforts to resolve the dispute are not successful, the RESA205
student affairs officer shall provide a written notice of noncompliance to any party to206
such dispute which the RESA student affairs officer reasonably contends is207
noncompliant with the requirements of this paragraph. Such written notice of208
noncompliance shall include a recommended corrective action to resolve209
noncompliance.  The RESA student affairs officer shall report such noncompliance210
to the director of the RESA.211
(iii)  Upon being notified of a noncompliance as provided for in division (ii) of this212
subparagraph, the RESA director shall be authorized to attempt to resolve the dispute213
and to report noncompliance to the Office of the Attorney General and the214
Department of Education's chief privacy officer.215
(D)  For the limited purposes provided for in this subsection, RESA student affairs216
officers and RESA directors shall be authorized to review the education records that are217
the subject of a notice of dispute provided for in this subsection.218
(5)(7) Any local unit of administration which serves a child pursuant to subparagraph (A)219
of paragraph (1) of this subsection shall receive in the form of annual grants in state220
funding for that child the difference between the actual state funds received for that child221
pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred222
in educating that child, calculated pursuant to regulations adopted by the State Board of223
Education.  Each local board of education shall be held harmless by the state from224
expending local funds for educating students pursuant to this Code section; provided,225
however, that this shall only apply to students who are unable to leave the facility in226
which they have been placed.227
(6)(8) Enrollment of an eligible child pursuant to this Code section shall be effectuated228
in accordance with rules and regulations adopted by the State Board of Education.229
(7)(9) For purposes of the accountability program provided for in Part 3 of Article 2 of230
Chapter 14 of this title, all facilities serving children described in subparagraph (A) of231
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paragraph (1) of this subsection shall be, consistent with department rules and232
regulations, treated as a single local education agency; provided, however, that this233
paragraph shall not be construed to alleviate any responsibilities of the local unit of234
administration of the school district in which any such children are physically present for235
the provision of education for any such children.236
(8)(10) The Department of Education, the State Charter Schools Commission, the237
Department of Human Services, the Division of Family and Children Services, the238
Department of Juvenile Justice, the Department of Behavioral Health and Developmental239
Disabilities, and the local units of administration where Department of Education, State240
Charter Schools Commission, Department of Juvenile Justice, Department of Behavioral241
Health and Developmental Disabilities, or Department of Human Services, or Division242
of Family and Children Services placements, facilities, or contract facilities are located243
shall jointly develop procedures binding on all agencies implementing the provisions of244
this Code section applicable to children and youth in the physical or legal custody of the245
Department of Juvenile Justice, under the care or physical or legal custody of the246
Department of Human Services or the Division of Family and Children Services, or under247
the physical custody of the Department of Behavioral Health and Developmental248
Disabilities."249
SECTION 2.250
Said chapter is further amended in Part 5 of Article 6, relating to program weights and251
funding requirements under the "Quality Basic Education Act," by adding a new Code252
section to read as follows:253
"20-2-192.254
(a)  As used in this Code section, the term 'qualified behavioral health coordinator' means255
an individual employed by a local school system whose beginning salary and benefits are256
eligible for reimbursement grants under this Code section.257
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(b)  Subject to appropriations by the General Assembly, the State Board of Education shall258
provide grants to local school systems for the purpose of reimbursing local school systems259
for expenditures sufficient to pay the beginning salaries and benefits of qualified behavioral260
health coordinators employed by such local school systems.261
(c)  Under such grant program, local school systems shall be eligible for reimbursement for262
an amount equal to the beginning salary and benefits of:263
(1)  One qualified behavioral health coordinator for local school systems with a full-time264
equivalent enrollment of fewer than 18,000 students;265
(2) Two qualified behavioral health coordinators for local school systems with a266
full-time equivalent enrollment of 18,000 to 36,000 students; or267
(3)  Three qualified behavioral health coordinators for local school systems with a268
full-time equivalent enrollment of more than 36,000 students.269
(d)  By July 1, 2025, the State Board of Education shall establish regulations as to the270
manner in which local school systems shall request and receive such grant funds.  Such271
regulations shall condition the receipt of such grant funds on the local school system's272
compliance with all applicable provisions of Code Sections 20-2-1185 and 20-2-1185.1,273
relating to school safety plans, including, but not limited to, behavioral threat assessment274
management plans.275
(e)(1) By July 1, 2025, the Department of Behavioral Health and Developmental276
Disabilities, in consultation with the Department of Education, shall establish the277
essential duties and minimum qualifications for qualified behavioral health coordinators278
hired by local school systems.  Such minimum qualifications shall be established so as279
to maximize opportunities for local school systems to hire qualified behavioral health280
coordinators capable of performing such essential duties.281
(2)  Such qualified behavioral health coordinators shall be primarily responsible for:282
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(A)  Coordinating the efforts of the local school system to identify and facilitate283
appropriate interventions for students with or at risk for mental health concerns,284
including, but not limited to, telehealth services;285
(B)  Coordinating, documenting, evaluating, and reporting the outcomes of Tier 1 and286
Tier 2 behavioral health training programs and materials of the local school system,287
including, but not limited to, such training programs and materials as provided for in288
Code Section 20-2-779.1; and289
(C)  Attending information and training meetings relating to school safety and student290
behavioral health provided or facilitated by the Georgia Emergency Management and291
Homeland Security Agency or the Department of Behavioral Health and292
Developmental Disabilities.293
(f)  This Code section shall not apply to the Department of Juvenile Justice or its school294
system.295
(g)  Nothing in the Code section shall be construed to prohibit local school systems from296
hiring or contracting with behavioral health coordinators using other funds available for297
such purpose."298
SECTION 3.299
Said chapter is further amended in Code Section 20-2-270, relating to establishment of a300
state-wide network, by revising subsection (a) as follows:301
"(a)(1) The State Board of Education shall establish a state-wide network of regional302
educational service agencies for the purposes of: providing shared services designed to303
improve the effectiveness of educational programs and services to local school systems304
and state charter schools; providing instructional programs directly to selected public305
school students in the state; provide services as provided for in Code Sections 20-2-133,306
20-2-670, and 20-2-785; and providing Georgia Learning Resources System services.307
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(2) The regional educational service agencies established by the state board may legally308
be referred to as 'RESA' or 'RESA's 'RESAs'."309
SECTION 4.310
Said chapter is further amended in Part 11 of Article 6, relating to regional educational311
service agencies, by adding a new Code section to read as follows:312
"20-2-270.2.313
(a)  Each regional educational service agency shall be authorized to provide dispute314
resolution services as provided for in Code Sections 20-2-133 and 20-2-670 to local315
education agencies, local units of administration, and public and private schools located316
within the service area of such regional educational service agency and to the Department317
of Juvenile Justice, the Department of Human Services, and the Division of Family and318
Children Services.319
(b)  Each regional education service area director shall designate one staff member as320
RESA student affairs officer.321
(c)  The chief privacy officer designated by the State School Superintendent pursuant to322
Code Section 20-2-663 shall provide technical assistance and guidance to support RESA323
student affairs officers and directors in complying with the requirements of this Code324
section and Code Sections 20-2-133 and 20-2-670."325
SECTION 5.326
Said chapter is further amended in Code Section 20-2-662, relating to definitions relative to327
student data privacy, accessibility, and transparency, by adding new paragraphs to read as328
follows:329
"(6.1)  'Legal custodian' means an entity or individual other than a parent with legal330
authority to act on behalf of a student.  Such term shall include the Department of331
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Juvenile Justice, the Department of Human Services, and the Division of Family and332
Children Services.333
(6.2)  'Local board of education' means the governing body of each local education334
agency as such terms are defined in Code Section 20-2-167.1.  Such term shall include335
the Department of Juvenile Justice school system."336
"(8.1)  'Parent' means an individual other than a legal custodian who has legal authority337
to act on behalf of a student as a natural or adoptive parent or a legal guardian."338
SECTION 6.339
Said chapter is further amended in Code Section 20-2-663, relating to designation and role340
of chief privacy officer, by adding a new subsection to read as follows:341
"(c)(1)  In consultation with the Attorney General's office, the chief privacy officer shall342
promulgate for all regional education service agencies, all local education agencies, all343
elementary and secondary schools in this state, the Department of Juvenile Justice (DJJ)344
school system, the Department of Human Services (DHS), the Division of Family and345
Children Services (DFCS), and the Department of Defense Education Activity (DoDEA)346
a guidance document that shall address, but shall not be limited to, the following topics:347
(A)  The current state and federal laws applicable to local education agencies and348
elementary and secondary schools in this state, DJJ, DHS, DFCS, and DoDEA intended349
to protect the privacy of student education records, student health records, student data,350
and the personally identifiable information of students and their families;351
(B) The application of the federal Family Educational Rights and Privacy Act352
(FERPA) to local education agencies and elementary and secondary schools in this353
state, DJJ, DHS, DFCS, and DoDEA, including what information is and is not covered354
under FERPA;355
(C)  What student education records and student health records can be shared with other356
educators, other schools, DJJ, DHS, DFCS, and DoDEA;357
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(D)  What information about a student a local education agency, an elementary or358
secondary school, DJJ, DHS, DFCS, and DoDEA is permitted or required to share with359
a law enforcement officer, a law enforcement agency, a judge or court personnel, or360
another state or local agency or officer with a legal interest in such student; and361
(E)  What information about a student a law enforcement officer, a law enforcement362
agency, a judge or court personnel, or another state or local agency with a legal interest363
in such student is permitted or required to share with a local education agency, an364
elementary or secondary school, DJJ, DHS, DFCS, or DoDEA.365
(2)(A)  The guidance document required by paragraph (1) of this subsection shall be366
issued by July 15, 2025, and shall be reviewed and updated by July 1 each year and at367
any other time as necessary to ensure the information included in such guidance368
document is accurate.369
(B)  Each time the guidance document required by paragraph (1) of this subsection is370
issued or updated, it shall be posted on the department's public website along with371
responses to common or frequently asked questions relevant to the topics included in372
such guidance document.373
(3)  The chief privacy officer shall consult with experts and authorities as appropriate374
including, but not limited to the Office of the Chief Privacy Officer of the United States375
Department of Education, to meet the requirements of this subsection."376
SECTION 7.377
Said chapter is further amended in Code Section 20-2-667, relating to parental and student378
review of education records and model policies, by revising subsection (c) as follows:379
"(c)(1)  Except as provided in paragraph (2) of this subsection, each local board of380
education shall immediately provide an electronic copy of a student's complete education381
record to any parent, legal custodian, or another person or entity legally authorized to382
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receive such records upon request and under no circumstances later than 5:00 P.M. on the383
third business day following the date of such request.384
(2)  In the event that any portion of such student's education record is not maintained in385
electronic format, the local board of education shall provide an electronic copy of all of386
the student's education records available in electronic format in compliance with387
paragraph (1) of this subsection and shall, no later than 5:00 P.M. on the third business388
day following the date of the request for such records, notify the requestor when copies389
of the remainder of such student's education records will be ready for retrieval. Local390
boards of education shall provide a parent or guardian with an electronic copy of his or391
her child's education record upon request, unless the local board of education does not392
maintain a record in electronic format and reproducing the record in an electronic format393
would be unduly burdensome."394
SECTION 8.395
Said chapter is further amended by repealing Code Section 20-2-670, relating to396
requirements for transferring students beyond sixth grade, conditional admission, and397
compliance, in its entirety and enacting a new Code section to read as follows:398
"20-2-670.399
(a)  As used in this Code section, the term:400
(1)  'Critical records' means the following education records of a student, which shall be401
current and complete for a period of at least the most recent 12 months of such student's402
enrollment or the entirety of such student's enrollment if less than 12 months:403
(A)  Information from all assessments of the student by the school or local school404
system threat management team;405
(B)  Academic transcript;406
(C)  Attendance records;407
(D)  Student discipline records, including, but not limited to, all records of any:408
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(i)  Disciplinary order of short-term suspension, long-term suspension, or expulsion409
made pursuant to Code Section 20-2-751.2;410
(ii)  Notice of a report of criminal action made pursuant to Code Section 20-2-756;411
(iii)  Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765;412
(iv)  Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;413
or414
(v)  Report of the commission of a prohibited act made pursuant to Code Section415
20-2-1184;416
(E)  Records of the student having ever been adjudicated delinquent of the commission417
of a class A designated felony act or class B designated felony act, as defined in Code418
Section 15-11-2 and, if so, the date of such adjudication, the offense committed, the419
jurisdiction in which such adjudication was made, and the sentence imposed;420
(F)  An Individualized Education Program (IEP) pursuant to the federal Individuals421
with Disabilities Education Act or a plan under Section 504 of the federal422
Rehabilitation Act of 1973, if any; and423
(G)  Psychological evaluations, if any.424
(2)  'Education records' means any record that is maintained by a local education agency,425
a public or private elementary or secondary school, the Department of Juvenile Justice426
school system, or a party acting on behalf of such entity and is directly related to a427
student.  Such term shall include, but shall not be limited to, records of such student's428
enrollment, attendance, class schedules, academic transcripts, grades, student discipline,429
student financial information, health records, special education records, and430
psychological evaluations.  Such term shall include the student's critical records.431
(3)  'Governing body' means the local board of education, governing council, governing432
board, Board of Juvenile Justice, or other entity by whatever name responsible for433
creating and implementing the budget of a local education agency or a public or private434
school.435
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(4) 'Legal custodian' means an entity or individual other than a parent with legal436
authority to act on behalf of a student.  Such term shall include the Department of437
Juvenile Justice, the Department of Human Services, and the Division of Family and438
Children Services.439
(5)  'Local education agency' shall have the same meaning as provided in Code Section440
20-2-167.1.  Such term shall include the Department of Juvenile Justice school system.441
(6)  'Parent' means an individual other than a legal custodian who has legal authority to442
act on behalf of a student as a natural or adoptive parent or a legal guardian.443
(7)  'Permanent enrollment' means enrollment of student in a school that is not provisional444
enrollment.445
(8)  'Provisional enrollment' means the conditional and nonpermanent enrollment of446
student in a school for a specified period of time.447
(9)  'Receiving school' means a local education agency or public or private school in448
which a transferring student, either on his or her own behalf or by and through his or her449
parent or legal custodian, has enrolled or seeks or intends to enroll.450
(10)  'Requestor' means a student, the parent or legal custodian of such student, or a451
receiving school or another person or entity legally authorized to receive the education452
records of such student.453
(11)  'RESA' means a regional education service agency as provided for in Code Section454
20-2-270.455
(12)  'RESA student affairs officer' means the RESA employee designated by the RESA456
executive director to receive and attempt to resolve notices of disputes brought pursuant457
to this Code section.458
(13)  'Sending school' means a local education agency or a public or private school which459
maintains education records of a particular student and is responsible for releasing such460
records to a requestor.461
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(14)  'Student' means an individual who is enrolled in a public or private elementary or462
secondary school or home study program in this state, or who is subject to the463
compulsory attendance requirements of Code Section 20-2-690.1.464
(15)  'Transferring student' means a student who, either on his or her own behalf or by465
and through his or her parent or legal custodian, has enrolled in or is seeking or intends466
to enroll in a receiving school.467
(b)  The parent or legal custodian of a student seeking permanent enrollment in a grade468
higher than the third grade in any receiving school in this state shall as a prerequisite to469
such permanent enrollment execute a document:470
(1)  Disclosing to the receiving school whether the student:471
(A)  Has ever been adjudicated delinquent of the commission of a class A designated472
felony act or class B designated felony act, as defined in Code Section 15-11-2 and, if473
so, the date of such adjudication, the offense committed, the jurisdiction in which such474
adjudication was made, and the sentence imposed;475
(B) Is currently serving a short-term suspension, a long-term suspension, or an476
expulsion from another school, the reason for such discipline, and the term of such477
discipline;478
(C)  Is currently the subject of a notice of a disciplinary hearing pursuant to Code479
Section 20-2-754; or480
(D)  Is currently or has ever been the subject of any:481
(i)  Notice of a report of criminal action made pursuant to Code Section 20-2-756;482
(ii)  Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; 483
(iii)  Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;484
or485
(iv)  Report of the commission of a prohibited act made pursuant to Code Section486
20-2-1184; and487
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(2) Either:488
(A)  Present a certified copy of such student's critical records from each sending school489
he or she attended during the previous 24 months; or490
(B)  Receive written confirmation from such receiving school that it as received such491
student's critical records.492
(c)(1)  A student may be provisionally enrolled in a receiving school for not more than493
ten school days on a conditional basis; provided, however, that such provisional494
enrollment shall not commence until the next school day after such student's parent or495
legal custodian executes a document:496
(A)  Disclosing the information required in paragraph (1) of subsection (b) of this Code497
section; and498
(B)  Providing the name and address of each sending school such student attended499
during the previous 24 months and authorizing the immediate release of such student's500
critical records to the receiving school.501
(2)  If the receiving school does not receive such student's critical records from each502
sending school such student attended during the previous 24 months, the receiving school503
shall be authorized to temporarily assign such student to remote learning until such504
critical records are received or the case management consultation provided for in505
subsection (i) of this Code section is completed.506
(3)  If a student provisionally enrolled in a receiving school is found to be ineligible for507
enrollment pursuant to the provisions of Code Section 20-2-751.2, or is subsequently508
found to be so ineligible, he or she shall be dismissed from enrollment in such receiving509
school until such time as he or she becomes so eligible.510
(d)  Any document provided by a receiving school to a student or such student's parent or511
legal custodian to request permanent enrollment or provisional enrollment in such receiving512
school or to authorize the release of education records to such receiving school shall513
include:514
H. B. 268 (SUB)
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(1)  A list of class A designated felony acts or class B designated felony acts;515
(2)  A list of the prohibited acts identified in Code Section 20-2-1184; and516
(3)  A description of each of the following:517
(A)  Notice of a disciplinary hearing pursuant to Code Section 20-2-754;518
(B)  Notice of a report of criminal action made pursuant to Code Section 20-2-756;519
(C)  Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; 520
(D)  Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;521
and522
(E)  Report of the commission of a prohibited act made pursuant to Code Section523
20-2-1184.524
(e)  Each time a transferring student's education records, including, but not limited to525
critical records, are transferred to a receiving school, such student's parent or legal526
custodian shall be notified in writing by the receiving school of the transfer of such records527
and shall, upon written request made within five days of the date of such notice, be entitled528
to receive a copy of such records from the receiving school.  Within five days of the receipt529
of a copy of such records, such student's parent or legal custodian may make a written530
request for and shall be entitled to a meeting with the principal of the sending school or of531
the receiving school or his or her designee for the purpose of correcting the content of such532
records as provided in Code Section 20-2-667.  The parties may mutually agree for such533
meeting to occur at a date and time outside of such five-day period.534
(f)(1)  Except as provided in paragraph (2) of this subsection, each sending school in this535
state shall immediately release a student's complete education record to any parent, legal536
custodian, receiving school, or another person or entity legally authorized to receive such537
records upon request by such requestor and under no circumstances later than 5:00 P.M.538
on the third business day following the date of such request.539
(2)  In the event that any portion of such student's education record is not maintained in540
electronic format, the sending school shall transfer all of the student's education records541
H. B. 268 (SUB)
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available in electronic format in compliance with paragraph (1) of this subsection and542
shall, no later than 5:00 P.M. on the third business day following the date of such request,543
notify the requestor when copies of the remainder of such student's education records will544
be ready for retrieval.545
(g)(1)  In the event that:546
(A)  A sending school contends that releasing, in whole or in part, a student's education547
records as required by this Code section would be unlawful or unduly burdensome; or548
(B)  A requestor contends that a student's education records, in whole or in part, have549
been unlawfully or unduly withheld from release by a sending school,550
the requestor shall promptly provide a written notice of dispute to the RESA student551
affairs officer of the RESA in which the sending school is located.552
(2)(A)  Upon receipt of a notice as provided in paragraph (1) of this subsection, the553
RESA student affairs officer shall be authorized to work in coordination with any554
sending school, any receiving school, any other requestor, and the parent or legal555
custodian of the student whose education records are the subject of such notice to556
resolve any dispute by providing technical assistance and guidance as to the respective557
rights and responsibilities of each of the parties to the dispute.558
(B)  To the extent that such efforts to resolve the dispute are not successful, the RESA559
student affairs officer shall provide a written notice of noncompliance to any party to560
such dispute which the RESA student affairs officer reasonably contends is561
noncompliant with the requirements of this Code section report. Such written notice562
of noncompliance shall include a recommended corrective action to resolve563
noncompliance.  The RESA student affairs officer shall report such noncompliance to564
the director of the RESA.565
(C)  Upon being notified of a noncompliance as provided for in subparagraph (B) of566
this paragraph, the RESA director shall be authorized to attempt to resolve the dispute567
H. B. 268 (SUB)
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and to report noncompliance to the Office of the Attorney General and the Department568
of Education's chief privacy officer.569
(4)  For the limited purposes provided for in this subsection, RESA student affairs570
officers and RESA executive directors shall be authorized to review the education records571
that are the subject of a notice of dispute provided for in this subsection.572
(5)  In the event that it becomes evident to a RESA student affairs officer or a RESA573
director that neither a sending school nor a receiving school involved in a dispute is a574
local education agency or a public elementary or secondary school, the RESA student575
affairs officer and the RESA director shall take no further action regarding the dispute576
other than to notify the parties to the dispute that the regional educational service agency577
is not authorized to take further action on the matter and to refer the parties to the578
Department of Education's chief privacy officer.579
(h)  Whenever a receiving school does not timely receive complete information relative to580
a transferring student from a sending school as required in subsection (f) of this Code581
section, such receiving school shall be authorized to condition such transferring student's582
continued provisional enrollment upon completion of the case management consultation583
provided for in subsection (i) of this Code section.584
(i)  Each case management consultation shall be conducted by a school social worker,585
school counselor, or a designated school administrator of the receiving school and shall586
involve the transferring student and such student's parent or legal custodian.  The purposes587
of the case management consultation shall include, but shall not be limited to:588
(1)  Determining whether any services are necessary for such student, including, but not589
limited to, referrals for special education or behavioral health services; and590
(2)  Facilitating the continuation of services such student was receiving at his or her591
previous school or schools, if any, including services recommended by any behavioral592
threat management team.593
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(j)  The State Board of Education shall adopt policies and procedures for implementing the594
provisions of this Code section.595
(k)  The Department of Education shall collaborate with the Department of Behavioral596
Health and Developmental Disabilities and provide technical assistance to schools and597
local school systems to support implementation of the provisions of this Code section.598
(l)  In lieu of his or her parent, a transferring student who is not in the custody of the599
Department of Juvenile Justice or the Division of Family and Children Services of the600
Department of Human Services and who is 18 years of age or older or who has been601
emancipated by operation of law or by court order pursuant to Code Section 15-11-727 or602
as otherwise provided by law shall be authorized to comply on his or her own behalf with603
the requirements of this Code section otherwise applicable to such student's parent or legal604
custodian."605
SECTION 9.606
Said chapter is further amended by revising Code Section 20-2-671, relating to transfer607
students who have committed felony acts and disclosure of act, as follows:608
"20-2-671.609
(a) If any school administrator determines from the information obtained pursuant to Code610
Section 15-11-602 or 20-2-670 or from any other source that a student has:611
(1)  Has committed a class A designated felony act or class B designated felony act, as612
defined in Code Section 15-11-2,;613
(2)  Is the subject of a notice of chronic disciplinary problem made pursuant to Code614
Section 20-2-765;615
(3)  Has a current disciplinary and behavioral correction plan pursuant to Code Section616
20-2-766; or617
(4)  Is the subject of a report of the commission of a prohibited act made pursuant to Code618
Section 20-2-1184,619
H. B. 268 (SUB)
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such administrator shall so inform all teachers to whom the student is assigned that they620
may review the information in the student's file provided pursuant to subsection (b) of621
Code Section 20-2-670 received from other schools or from the juvenile courts.622
(b) Such information shall be kept confidential."623
SECTION 10.624
Said chapter is further amended by revising Code Section 20-2-700, relating to reports by625
peace officers to school authorities and parent or guardian, as follows:626
"20-2-700.627
(a)  As used in this Code section, the term:628
(1)  'Incidental to' means occurring in the course of or directly associated with standards629
or customary operations of a law enforcement officer's employer.630
(2)  'Law enforcement officer' means any duly constituted agent or officer of the State of631
Georgia or of any county, municipality, political subdivision, or local school system632
thereof who, as a full-time or part-time employee, is vested either expressly by law or by633
virtue of public employment or service with authority to enforce the criminal or traffic634
laws of this state with the power of arrest and whose duties include the preservation of635
public order, the protection of life and property, or the prevention, detection, or636
investigation of crime.  Such term shall include, but shall not be limited to, sheriffs and637
deputy sheriffs; any member of the Georgia State Patrol or Georgia Bureau of638
Investigation; campus policemen and school security personnel provided for in Chapter 8639
of this title; any person employed by the Department of Natural Resources as a law640
enforcement officer; any arson investigator of the state fire marshal's office; employees641
designated by the commissioner of community supervision who have the duty to642
supervise children adjudicated for a Class A designated felony act or Class B designated643
felony act after release from restrictive custody, as such terms are defined in Code644
Section 15-11-2; and employees designated by the commissioner of juvenile justice645
H. B. 268 (SUB)
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pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who have the duty646
to investigate and apprehend delinquent children, or the supervision of delinquent647
children under intensive supervision in the community, and any child with a pending648
juvenile court case alleging the child to be a child in need of services who has escaped649
from a facility under the jurisdiction of the Department of Juvenile Justice or who has650
broken the conditions of supervision.651
(3)  'Official encounter' means an interaction of a law enforcement officer with a school652
age youth in such law enforcement officer's official capacity for the purpose of enforcing653
the criminal laws of this state or preventing, detecting, or investigating a crime, provided654
that such interaction is directly related to a credible report or other credible information655
that such school age youth has threatened the death of, or serious injury to, one or more656
individuals who are or will likely be at or within a school.657
(4)  'School age youth' means an individual who is between his or her sixth and sixteenth658
birthdays or who a law enforcement officer knows or reasonably believes is enrolled in659
a public or private elementary or secondary school in this state.  Such term shall not660
include an individual who has successfully completed all the requirements for a high661
school diploma or a state approved high school equivalency (HSE) diploma.662
(5)  'School official' means a local school superintendent or his or her designee or a663
school principal or other school administrator.664
(b) Any person taking action with respect to a child pursuant to Code Section 20-2-699665
shall report the matter and the disposition made by him of the child to the school authorities666
of the county, independent or area school system such action to a school official of the667
public or private school in which such child is currently enrolled or would be enrolled by668
virtue of his or her primary residence, and to the child's parent or guardian.669
(c)(1)  Except as provided in paragraph (2) of this subsection, within five days of an670
official encounter with a school age youth in this state, the employer of each law671
enforcement officer present for such official encounter shall provide a written report of672
H. B. 268 (SUB)
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such official encounter to a school official of the public or private school in which such673
school age youth is currently enrolled or would be enrolled by virtue of his or her primary674
residence and to his or her parent or guardian.675
(2)  A written report of an official encounter provided for in paragraph (1) of this676
subsection shall not be required:677
(A)  When the interaction between the law enforcement officer and the school age678
youth is not incidental to the conduct of a law enforcement officer acting in his or her679
official capacity to enforce the criminal laws of this state or to prevent, detect, or680
investigate a crime; or681
(B)  With respect to a school age youth whose presence during or participation in such682
official encounter is due exclusively to such school age youth being a witness or683
potential witness in a criminal investigation; provided, however, that the exception684
provided for in this subparagraph shall not apply if he or she is also a subject of such685
criminal investigation or is a suspect or person of interest in such criminal investigation.686
(d)  This Code section shall not apply to school age youth in the physical custody of the687
Department of Juvenile Justice within a secure facility; provided, however, that this688
subsection shall not apply to school age youth who are in the physical or legal custody of689
the Department of Juvenile Justice in a nonsecure residential placement or other nonsecure690
intensive supervision program."691
SECTION 11.692
Said chapter is further amended by revising Code Section 20-2-720, relating to inspection693
of students' records by parents, as follows:694
"20-2-720.695
(a)  As used in this Code section, the term:696
(1) 'Education record' shall have the same meaning as provided for in Code697
Section 20-2-662.698
H. B. 268 (SUB)
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(2) 'Legal custodian' means an entity or individual other than a parent with legal699
authority to act on behalf of a student.  Such term shall include the Department of700
Juvenile Justice and the Division of Family and Children Services of the Department of701
Human Services.702
(3)  'Local board of education' means the governing body of each local education agency703
as such terms are defined in Code Section 20-2-167.1.  Such term shall include the school704
system of the Department of Juvenile Justice.705
(4)  'Parent' means an individual other than a legal custodian who has legal authority to706
act on behalf of a student as a natural or adoptive parent or a legal guardian.707
(b)  No local board of education No local school system, whether county, independent, or708
area, shall have a policy of denying, or which effectively prevents, the parents or legal709
custodians of students who are in attendance at or who have been enrolled in any facility710
within such system the right to inspect and review the education records of their child as711
provided in Code Section 20-2-667.712
(c) A parent or legal custodian shall be entitled to inspect and review only information713
relating to his or her own child or ward and if any material or document in a child's or714
ward's record includes information on another student, such information regarding any715
other student shall not be made available for inspection or review except to the parents or716
legal custodian of that student.717
(d) Both parents of a child shall be entitled to inspect and review the education records of718
their child or to be provided information concerning their child's progress.  Information719
concerning a child's education record shall not be withheld from the noncustodial parent720
unless a court order has specifically removed the right of the noncustodial parent to such721
information or unless parental rights have been terminated.  For purposes of this Code722
section, 'education records' shall include attendance reports and records."723
H. B. 268 (SUB)
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SECTION 12.724
Said chapter is further amended by revising Code Section 20-2-741, relating to positive725
behavioral interventions and supports and response to intervention, as follows:726
"20-2-741.727
(a)  As used in this Code section, the term:728
(1)  'High needs school' means a public school which has received a school climate rating729
of '1-star' or '2-star' pursuant to Code Section 20-14-33.730
(2)  'Positive behavioral interventions and supports' or 'PBIS' means an evidence based731
data-driven framework to reduce disciplinary incidents, increase a school's sense of732
safety, and support improved academic outcomes through a multitiered multi-tiered733
approach, using disciplinary data and principles of behavior analysis to develop734
school-wide, targeted, and individualized interventions and supports.735
(3)  'Response to intervention' or 'RTI' means a framework of identifying and addressing736
the academic and behavioral needs of students through a tiered system.737
(b)(1) Local boards of education are encouraged to implement PBIS and RTI programs738
and initiatives in their schools, and particularly in high needs schools.739
(2)  Local boards of education shall implement PBIS and RTI programs and initiatives740
in each elementary and middle school that is a high needs school.  Such implementation741
shall include, but shall not be limited to:742
(A)  PBIS Tier 1 supports for 100 percent of students and school personnel;743
(B)  Specific PBIS Tier 2 supports and interventions for students who are at risk for744
developing more serious unwanted behaviors, such as small group resilience and745
behavioral health skills lessons approved by the Department of Behavioral Health and746
Developmental Disabilities; and747
(C)  Each school year, no less than 95 percent of school personnel receive two hours748
of student behavioral health awareness training approved by the Department of749
Behavioral Health and Developmental Disabilities.750
H. B. 268 (SUB)
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(c)  The State Board of Education is authorized, subject to appropriations by the General751
Assembly, to provide funds to local school systems to support PBIS and RTI programs,752
initiatives, and personnel.753
(d)  The State Board of Education is authorized to establish rules and regulations for PBIS754
and RTI programs and initiatives which receive funding pursuant to this Code section."755
SECTION 13.756
Said chapter is further amended by revising Code Section 20-2-757, relating to applicability757
of public inspection and open meeting laws, as follows:758
"20-2-757.759
(a)  All proceedings and hearings conducted under this subpart shall be confidential and760
shall not be subject to the open meetings requirement of Code Section 50-14-1 or other761
open meetings laws.762
(b)  All electronic or other written records of all hearings conducted under this subpart; all763
statements of charges; all notices of hearings; and all written decisions rendered by a764
hearing officer, tribunal, the local board of education, or the State Board of Education shall765
not be subject to public inspection or other disclosure under Article 4 of Chapter 18 of Title766
50 or other public disclosure laws; provided, however, the board of education that the state767
board shall prepare a written summary of any proceeding conducted under this subpart,768
which summary shall include a description of the incident and the disposition thereof but769
shall not contain the names of any party to the incident.  The summary shall be a public770
record.771
(c)  Nothing in this Code section shall be construed to prohibit, restrict, or limit in any772
manner the disclosure of a student's education records to a receiving school as required by773
Code Section 20-2-670."774
H. B. 268 (SUB)
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SECTION 14.775
Said chapter is further amended by revising Code Section 20-2-766.1, relating to proceeding776
against parents for failure to cooperate in educational programs and penalty, as follows:777
"20-2-766.1.778
(a)  A The local board of education may, by petition to the juvenile court, proceed against779
a parent or guardian as provided in this Code section.780
(b) If the court finds that the parent or guardian has willfully and unreasonably failed to781
attend a conference requested by a principal pursuant to Code Section 20-2-765 or782
20-2-766, the court may order the parent or guardian to attend such a conference, order the783
parent or guardian to participate in such programs or such treatment as the court deems784
appropriate to improve the student's behavior, or both.785
(c)  If the court finds that the parent or guardian has willfully and unreasonably failed to786
authorize the release of student education records to a receiving school as required pursuant787
to Code Section 20-2-670, the court may order the parent or guardian to authorize the788
release of such records.789
(d) After notice and opportunity for hearing, the court may impose a fine, not to exceed790
$500.00, on a parent or guardian who willfully disobeys an order of the court entered under791
this Code section.  The court may use its contempt and other powers specified in Code792
Section 15-11-31 to enforce any order entered under this Code section."793
SECTION 15.794
Said chapter is further amended by revising Code Section 20-2-779.1, relating to suicide795
prevention and awareness training and no duty of care imposed, as follows:796
"20-2-779.1.797
(a)  As used in this Code section, the term 'evidence based' means a program or practice798
that:799
(1)  Demonstrates a statistically significant effect on relevant outcomes based on:800
H. B. 268 (SUB)
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(A) Strong evidence from at least one well-designed and well-implemented801
experimental study;802
(B) Moderate evidence from at least one well-designed and well-implemented803
quasi-experimental study; or804
(C) Promising evidence from at least one well-designed and well-implemented805
correlational study with statistical controls for selection bias; or806
(2) Demonstrates a rationale based on high-quality research findings or positive807
evaluation that such program or practice is likely to improve relevant outcomes, and808
includes ongoing efforts to examine the effects of such program or practice.809
(a)(1)(b)  The State Board The Department of Education shall adopt rules to require that:810
(1)  All all certificated public school personnel receive annual training in youth violence811
and suicide awareness and prevention.  This Such training shall be provided within the812
framework of existing in-service training programs offered or facilitated by the813
Department of Education, the Department of Behavioral Health and Developmental814
Disabilities, or as part of required professional development offered by a local school815
system or public school; and816
(2)(A)  Beginning in the 2026-2027 school year, and continuing each school year817
thereafter, all public schools serving students in any one of grades six through 12 which818
receive funds in any manner from the state shall provide to students:819
(i)  At least one hour of evidence based suicide awareness and prevention training820
each school year; and821
(ii)  At least one hour of evidence based youth violence prevention training each822
school year.823
(B) Such training may be delivered in person, remotely, or digitally and may be824
included as part of the health and physical education course of study provided for in825
subsection (c) of Code Section 20-2-142.826
H. B. 268 (SUB)
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(2)(c)(1)  By January 1, 2026, the The Department of Education shall, in consultation827
with the Department of Behavioral Health and Developmental Disabilities, the Suicide828
Prevention Program established pursuant to Code Section 37-1-27, student violence and829
suicide prevention experts, other youth mental health experts, and elementary and830
secondary school counselors, social workers, and teachers, develop a list of approved831
evidence based training programs and materials to fulfill the requirements of this832
subsection Code section which may include training programs and materials currently833
being used by a local school system or public school if such training programs and834
materials meet any the criteria established by the department.835
(3)(2) Approved training programs and materials shall:836
(A)  Shall include training information on how to identify appropriate mental health837
interventions and services, both within the school and also within the larger community,838
and when and how to refer facilitate such interventions and services for youth and their839
families to those services; and840
(4)(B)  May Approved materials may include programs and materials that can be841
completed through self-review of suitable student violence and suicide awareness and842
prevention materials approved by the department upon the recommendation of the843
Department of Behavioral Health and Developmental Disabilities.844
(3)  Approved training programs and materials for students shall, at a minimum, teach845
students:846
(A)  How to recognize the observable signs and signals of depression, suicide, and847
self-injury in themselves and their peers;848
(B)  How to recognize the observable warning signs and signals of persons who may849
be at risk of harming themselves or others;850
(C) The importance of seeking help for themselves and their peers and the process for851
seeking help; and852
H. B. 268 (SUB)
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(D) The steps that can be taken to report dangerous, violent, threatening, harmful, or853
potentially harmful behavior.854
(4)  The Department of Education shall make the list of approved training programs and855
materials, including no-cost programming, if any, publicly available on its website and856
shall keep it timely updated by reviewing such list, at a minimum, every 36 months.857
(5)(A)(d)(1) Each local school system board of education or public school governing858
body shall:859
(A)  Adopt policies, rules, and regulations adopt a policy on student suicide awareness860
and prevention.  Such policies, rules, and regulations shall be developed in consultation861
with school and community stakeholders, school employed mental health professionals,862
and suicide prevention experts, and shall, at a minimum, address procedures relating863
to suicide prevention, intervention, and postvention;864
(B) Adopt policies, rules, and regulations for providing relevant and current865
information to students and their families and to school personnel regarding publicly866
available resources for the anonymous reporting of a dangerous, violent, threatening,867
harmful, or potentially harmful activity which occurs on, or is threatened to occur on,868
school property or which relates to a student or school personnel; and869
(C) Implement an evidence based youth violence prevention training program to870
instruct students how to recognize the observable warning signs and signals of someone871
who may be at risk of harming himself, herself, or others; the importance of taking872
threats seriously and seeking help; and how to report someone who is at risk, including873
by using the state-wide anonymous reporting program.874
(B)(2) To assist public schools and local school systems in developing their own policies875
for student violence and suicide awareness and prevention, the Department of Education,876
in consultation with the Suicide Prevention Program within the Department of Behavioral877
Health and Developmental Disabilities, shall establish a model policy for use by public878
schools and local school systems in accordance with this Code section.879
H. B. 268 (SUB)
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(e)  Each local board of education or public school governing body shall require each880
public school that sponsors or otherwise permits student organizations or clubs to designate881
a student-led youth violence prevention club to sustain awareness activities related to882
suicide prevention and violence prevention. Such student violence prevention club,883
including existing clubs, shall:884
(1)  Be open to all members of the student body;885
(2)  Engage in awareness activities related to youth suicide prevention, youth violence886
prevention, and social inclusion;887
(3)  Foster opportunities for student leadership development; and888
(4)  Have at least one administrator, teacher, or other school personnel serve as a faculty889
advisor.890
(f)(1)  By July 1, 2025, each local board of education or public school governing body891
shall develop and operate, or contract with a provider to develop and operate, and make892
available an anonymous reporting program.893
(2)  Such anonymous reporting program shall, at a minimum:894
(A) Be accessible by any person to report anonymously a dangerous, violent,895
threatening, harmful, or potentially harmful activity which occurs on, or is threatened896
to occur on, school property or which relates to a student or school personnel;897
(B)  Provide support 24 hours per day, seven days per week for anonymous reporting898
through, at a minimum, a mobile telephone application and a multilingual crisis center,899
which shall be staffed by individuals with evidence based counseling and crisis900
intervention training;901
(C)  Promptly forward reported information to the appropriate school based team;902
(D)  Support a coordinated response to an identified crisis by schools, local emergency903
9-1-1 public safety answering points, and local law enforcement agencies when904
response by schools and law enforcement is to be reasonably expected;905
H. B. 268 (SUB)
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(E)  Require and certify the training of school based teams in each school to receive906
notice of any report submitted to the state-wide anonymous reporting program907
concerning the school, a student, or school personnel;908
(F)  Require and certify the training of local emergency 9-1-1 public safety answering909
point personnel to receive notice of any report submitted to the state-wide anonymous910
reporting program that requires response from a local law enforcement agency;911
(G)  Promote public awareness and education about the state-wide anonymous reporting912
program and its reporting methods, prior to its launch; and913
(H)  Comply with all federal and state laws.914
(3)  The provisions of this subsection shall not apply to any local school system or public915
school that, as of January 1, 2025, has an operating anonymous reporting program that916
substantially complies with the requirements of paragraph (2) of this subsection.917
(4)  This subsection shall not be construed to interfere with or impede any existing918
contract any local school system or public school has with a provider to operate an919
anonymous reporting program; provided, however, that, to the extent that the terms of920
such contract do not require such provider to operate an anonymous reporting program921
in substantial compliance with the requirements of paragraph (2) of this subsection, such922
contract terms shall not be renewed beyond such contract's current expiration or923
termination date.924
(g)  Each local school system and public school shall update its school safety plan required925
by Code Section 20-2-1185 by including a behavioral threat assessment management plan926
as provided for in Code Section 20-2-1185.1.927
(b)(h) No person shall have a cause of action for any loss or damage caused by any act or928
omission resulting from the implementation of the provisions of this Code section or929
resulting from any training, or lack thereof, required by this Code section.930
(c)(i) The training, or lack thereof, required by the provisions of this Code section shall not931
be construed to impose any specific duty of care."932
H. B. 268 (SUB)
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SECTION 16.933
Said chapter is further amended by revising Code Section 20-2-785, relating to referral and934
assessment to determine whether withdrawal was to limit education, as follows:935
"20-2-785.936
(a) In the event that a child student does not for a period of 30 consecutive days attend the937
public school in which he or she is enrolled or provisionally enrolled and:938
(1) The parent or guardian of such student does not notify the school of such student's939
withdrawal from such school;940
(2)  The parent or guardian of such student does not notify the school of such student's941
enrollment or intent to enroll in a home study program or another school;942
(3) Such student is withdrawn from a public such school without a declaration filed943
pursuant to subsection (c) of Code Section 20-2-690; or944
(4) Such student is 16 years of age or older and stops attending such school without945
completing the conference required under subsection (e) of Code Section 20-2-690.1 and946
that child stops attending a public school for a period of 45 days, 947
the school shall refer the matter to the Division of Family and Children Services of the948
Department of Human Services and the RESA student affairs officer of the regional949
educational service agency in which such student resides, as provided for in subsection (b)950
of this Code section.951
(b)  For each student who meets the requirements of subsection (a) of this Code section,952
such student's school shall:953
(1)  Refer the matter to the Division of Family and Children Services to conduct an954
assessment.  The purpose of such referral and assessment shall be limited to for the955
purpose of determining whether such withdrawal was to avoid educating the child.956
Presentation such student; provided, however, that completion of such conference or957
presentation of a copy of such filed declaration shall satisfy the assessment requirements958
H. B. 268 (SUB)
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of this paragraph, and the Division shall immediately terminate the such assessment959
under this Code section.; and960
(2)  Refer the matter to the RESA student affairs officer of the regional educational961
service agency in which such student resides for the purpose of determining whether such962
student has enrolled in a home study program or another school and, if such student has963
enrolled in another school, to determine whether the receiving school as defined in Code964
Section 2-20-670 has received such student's education records from the student's965
previous schools; provided, however, that, upon receiving notice that such student has966
enrolled or intends to enroll in a home study program or another school, the referring967
school shall immediately notify the RESA student affairs officer of the regional968
educational service agency in which such student resides of such intent or enrollment and969
if such student has enrolled or intends to enroll in another school, confirm the date by970
which such student's education records as defined in Code Section 2-20-670 will be971
released to the receiving school.972
(c)  Nothing in the Code section shall be construed to prohibit or limit a public school from973
making reasonable efforts at any time to determine the whereabouts of a student who is974
withdrawn from such school without a declaration filed pursuant to subsection (c) of Code975
Section 20-2-690 or who stops attending such school without providing notice of976
enrollment or intent to enroll in a home study program or another school or, when such977
student is 16 years of age or older, without completing the conference required under978
subsection (e) of Code Section 20-2-690.1.  Such efforts may include, but shall not be979
limited to:980
(1)  Contacting the student's parent, guardian, or other legal custodian to inquire of the981
student's whereabouts and whether such student intends to withdraw from the school or982
has enrolled or intends to enroll in a home study program or another school;983
H. B. 268 (SUB)
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(2)  Directing school personnel, including, but not limited to, school social workers and984
school security personnel, to conduct a wellness visit at the student's last known985
residence; and986
(3)  As appropriate, referring the matter to the county or municipal law enforcement987
agency having territorial jurisdiction.988
(d)  Each public school in which a student is enrolled or provisionally enrolled shall989
compile such student's complete education records and make such records available for990
immediate release to any person or entity authorized by law to receive such records:991
(1)  For each student who meets the requirements of subsection (a) of this Code section;992
and 993
(2)  Each time the school receives sufficient notice that such student is withdrawing from994
the school or is enrolling or intends to enroll in a home study program or another school."995
SECTION 17.996
Said chapter is further amended in Code Section 20-2-786, relating to the "Parents' Bill of997
Rights," by revising subsection (f) as follows:998
"(f)  Each governing body shall, in consultation with parents, teachers, and administrators,999
develop and adopt a policy or regulation to promote parental involvement in the public1000
schools.  Such policy or regulation shall be updated each year by June 1 and posted on each1001
governing body's public website, and a copy of such policy or regulation shall be available1002
for review on site upon request by a parent.  Such policy or regulation shall include:1003
(1)  Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670 for1004
a parent to review records relating to his or her minor child and to request the transfer of1005
such records to another school or a person or entity authorized to receive such records;1006
(2)(A)  Procedures for a parent to learn about his or her minor child's courses of study,1007
including, but not limited to, parental access to instructional materials intended for use1008
in the classroom.  Instructional materials intended for use in his or her minor child's1009
H. B. 268 (SUB)
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classroom shall be made available for parental review during the review period.  If such1010
instructional materials are not made available by a school or local school system for1011
review online, then they shall be made available for review on site upon a parent's1012
request made during the review period.1013
(B)  Procedures for a parent to object to instructional materials intended for use in his1014
or her minor child's classroom or recommended by his or her minor child's teacher;1015
(3)  Procedures for a parent to withdraw his or her minor child from the school's1016
prescribed course of study in sex education if the parent provides a written objection to1017
his or her minor child's participation.  Such procedures must shall provide for a parent to1018
be notified in advance of such course content so that he or she may withdraw his or her1019
minor child from the course; and1020
(4)  Procedures for a parent to provide written notice that photographs or video or voice1021
recordings of his or her child are not permitted, subject to applicable public safety and1022
security exceptions; and1023
(5)  Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670 for1024
the timely production of a student's education records by such student's current or1025
previous school to another school in which such student has enrolled, intends to enroll,1026
or is considering enrollment."1027
SECTION 18.1028
Said chapter is further amended in Article 27, relating to loitering at or disrupting schools,1029
by revising subsection (a) and paragraph (2) of subsection (b) of Code Section 20-2-1181,1030
relating to disrupting operation of public school, school bus, or school bus stop, penalty, and1031
progressive discipline, as follows:1032
"(a)  It shall be unlawful for any person to knowingly, intentionally, or recklessly disrupt1033
or interfere with the operation of any public school, public school bus, or public school bus1034
stop as designated by local boards of education.  For purposes of this Code section, an1035
H. B. 268 (SUB)
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individual who knowingly, intentionally, or recklessly threatened, whether verbally, in1036
writing, or otherwise, the death of or serious injury to a group of individuals who are, or1037
will likely be, at or within a public school, public school bus, or public school bus stop,1038
shall be considered to have disrupted or interfered with the operation of such public school,1039
public school bus, or public school bus stop. Except as provided in subsection (b) of this1040
Code section, a person convicted of violating this Code section shall be guilty of a1041
misdemeanor of a high and aggravated nature."1042
"(2)  A local board of education shall develop a system of progressive discipline that may1043
be imposed on a child accused of violating this Code section before initiating a1044
complaint.  Such system of progressive discipline shall include a requirement that when1045
there is a credible accusation that an individual threatened, whether verbally, in writing,1046
or otherwise, the death of or serious injury to a group of individuals, pursuant to1047
subsection (a) of this Code section, who are, or will likely be, at or within a public school1048
that such individual attends, or has attended, the school shall be authorized to temporarily1049
assign such individual to remote learning and provide counseling to such individual and1050
shall initiate an investigation into such violation.  Upon completion of such investigation1051
which results in substantive findings related to such violation, the school may elect to1052
reinstate the individual or impose relevant discipline."1053
SECTION 19.1054
Said chapter is further amended in said article by revising Code Section 20-2-1183, relating1055
to written agreement for law enforcement officers in schools, as follows:1056
"20-2-1183.1057
(a) When a local school system assigns or employs law enforcement officers in schools,1058
the local board of education shall have a collaborative written agreement with law1059
enforcement officials to establish the role of law enforcement and school employees in1060
H. B. 268 (SUB)
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school disciplinary matters and ensure coordination and cooperation among officials,1061
agencies, and programs involved in school discipline and public protection.1062
(b)  By October 1, 2025, the collaborative written agreement required by this Code section1063
shall include specific terms and conditions for the handling and disclosure of student1064
education records, student data, and student personally identifiable data, as such terms are1065
defined in Code Section 20-2-662.  Such terms and conditions shall include, but shall not1066
be limited to:1067
(1)  Under what circumstances information regarding a student may or shall be disclosed1068
to a law enforcement officer, a law enforcement agency, a judge or court personnel, or1069
another state or local agency or officer with a legal interest in such information;1070
(2)  Whether any law enforcement officer who is subject to such agreement is or may act1071
as a school official with access to student education records and the personally1072
identifiable information contained therein; and1073
(3)  Whether the law enforcement officers who are subject to such agreement constitute1074
a law enforcement unit, as such term is defined in the federal Family Education Rights1075
and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section 1232g;1076
and 34 C.F.R. Part 99.3; and, if so:1077
(A)  What records shall be handled as law enforcement unit records and are not1078
protected by FERPA; and1079
(B)  What records shall be handled as education records and are protected by FERPA.1080
(c)  By August 1, 2025, the Department of Education shall publish on its public website1081
model language for the terms and conditions required by this Code section to be available1082
for use by schools and law enforcement officers.  Such model language shall be reviewed1083
and updated from time to time as necessary to comport with the content of the guidance1084
document promulgated by the Department of Education chief privacy officer as provided1085
for in Code Section 20-2-663."1086
H. B. 268 (SUB)
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SECTION 20.1087
Said chapter is further amended in said article by revising subsections (a) and (c) of Code1088
Section 20-2-1185, relating to school safety plans and drills, as follows: 1089
"(a)  Every public school shall prepare a school safety plan to help curb the growing1090
incidence of violence in schools, to respond effectively to such incidents, to address the1091
behavioral health needs of students, and to provide a safe learning environment for1092
Georgia's children, teachers, and other school personnel.  Such plan shall also address1093
preparedness for natural disasters, hazardous materials or radiological accidents, acts of1094
violence, and acts of terrorism.  School safety plans of public schools shall be prepared1095
with input from students enrolled in that school, parents or legal guardians of such students,1096
teachers in that school, community leaders, other school employees and school district1097
employees, and local law enforcement, juvenile court, fire service, public safety, and1098
emergency management agencies.  As part of such plans, public schools shall provide for1099
the coordination with local law enforcement agencies and the local juvenile court system.1100
School safety plans shall include, at a minimum, the following strategy areas:1101
(1)  Training school administrators, teachers, and support staff, including, but not limited1102
to, school resource officers, security officers, secretaries, custodians, and bus drivers, on1103
school violence prevention, school security, school threat assessment, mental health1104
awareness, and school emergency planning best practices;1105
(2)  Evaluating and refining school security measures;1106
(3)  Updating and exercising school emergency preparedness plans;1107
(4)  Strengthening partnerships with public safety officials; and1108
(5)  Creating enhanced crisis communications plans and social media strategies;1109
(6)  Addressing behavioral health needs of students and staff utilizing guidance from the1110
Department of Behavioral Health and Developmental Disabilities; and1111
H. B. 268 (SUB)
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(7) Developing a behavioral threat assessment and management process and plan1112
utilizing guidance from the Georgia Emergency Management and Homeland Security1113
Agency.1114
School safety plans of private schools may be prepared with input from students enrolled1115
in that school, parents or legal guardians of such students, teachers in that school, other1116
school employees, and local law enforcement, fire service, public safety, and emergency1117
management agencies.  Such plans shall be reviewed and, if necessary, updated annually. 1118
Such plans of public schools shall be submitted to the local emergency management1119
agency, the local law enforcement agency, and the Georgia Emergency Management and1120
Homeland Security Agency, and the Department of Behavioral Health and Developmental1121
Disabilities, as provided for in Code Section 20-2-1185.1, for approval."1122
"(c)  School safety plans prepared by public schools shall address or include:1123
(1) Security security issues in school safety zones as defined in Code Section1124
16-11-127.1.  School safety plans should also address security;1125
(2)  Security issues involving the transportation of pupils students to and from school and1126
school functions when such transportation is furnished by the school or school system1127
and school functions held during noninstructional hours;1128
(3)  Specific plans to restrict ingress to or egress from all buildings and other facilities1129
located on the school property; and1130
(4)  Specific plans for whether and when each of the following will be locked or actively1131
supervised by school personnel, or both:1132
(A)  Exterior doors and other access points of all buildings and other facilities located1133
on the school property; and1134
(B)  Doors to all classrooms and other instructional spaces on the school property."1135
H. B. 268 (SUB)
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SECTION 21.1136
Said chapter is further amended in said article by adding a new Code section to read as1137
follows:1138
"20-2-1185.1.1139
(a)  No later than January 1, 2027, each public school safety plan required by Code Section1140
20-2-1185 shall include provisions that address the behavioral health needs of students and1141
a behavioral threat assessment management plan for providing a structured,1142
multidisciplinary process to identify, assess, and mitigate potential threats while supporting1143
the safety and well-being of students and school personnel.1144
(b)(1)  Such behavioral threat assessment management plans shall be submitted to the1145
Department of Behavioral Health and Developmental Disabilities for approval.1146
(2)  The Department of Behavioral Health and Developmental Disabilities shall provide1147
technical assistance to the Department of Education, regional educational service1148
agencies, and all local school systems and other public schools in this state, including1149
models of service to address the behavioral health needs of students.1150
(3) The Georgia Emergency Management and Homeland Security Agency shall1151
coordinate with the Department of Behavioral Health and Developmental Disabilities1152
with respect to providing training and technical assistance to the Department of1153
Education, regional education service agencies, and all local school systems and other1154
public schools in this state on the development and implementation of such behavioral1155
threat assessment management plans.1156
(4) The Georgia Emergency Management and Homeland Security Agency shall1157
coordinate with the Department of Behavioral Health and Developmental Disabilities,1158
with respect to providing the same or similar training and technical assistance to private1159
schools in this state."1160
H. B. 268 (SUB)
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SECTION 22.1161
Said chapter is further amended in said article by designating Code Sections 20-2-11801162
through 20-2-1185.1 as Part 1 and by adding a new part to read as follows:1163
"Part 21164
20-2-1186.1165
This part shall be known and may be cited as the 'Office of Safe Schools Act.'1166
20-2-1186.1.1167
As used in this part, the term:1168
(1) 'Agency' means the Georgia Emergency Management and Homeland Security1169
Agency.1170
(2)  'Individual of concern' means an individual whose behavior indicates a potential1171
threat to self or others.1172
(3)  'Office' or the 'Office of Safe Schools' means a central repository for best practices,1173
training standards, and compliance oversight in all matters regarding school safety and1174
security.1175
(4)  'S3 Database' or the 'School and Student Safety Database' means the state-wide1176
system for obtaining, developing, integrating, and disseminating data and information on1177
threats to the safety of schools, school staff, school events, and students provided for in1178
this part.1179
(5)  'S3 record' means information and assessment findings related to an individual of1180
concern in the S3 Database.1181
H. B. 268 (SUB)
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20-2-1186.2.1182
(a)  There is created the Office of Safe Schools.  The office shall serve as a central1183
repository for best practices, training standards, and compliance oversight in all matters1184
regarding school safety and security, including prevention efforts, intervention efforts, and1185
emergency preparedness planning.1186
(b)  The office shall operate within the agency.1187
(c)  Subject to subsection (d) of this Code section, the office shall:1188
(1)  Provide technical assistance to each public school in this state to establish policies1189
and procedures for the prevention of violence on school grounds, including the1190
assessment of and intervention with individuals whose behavior poses a threat to the1191
safety of the school community;1192
(2)  Establish and update, as necessary, a school security risk assessment tool for use by1193
public schools.  The office shall provide continuous training to appropriate public school1194
personnel on the proper assessment of physical site security and completion of a school1195
security risk assessment tool;1196
(3)  Provide ongoing professional learning opportunities to local school system personnel;1197
(4) Provide a coordinated and interdisciplinary approach to providing technical1198
assistance and guidance to local school systems on safety and security and1199
recommendations therefor;1200
(5)  Develop and implement a school safety director training program for school safety1201
directors.  The office shall develop the training program which shall be based on national1202
and state best practices on school safety and security and shall include active shooter1203
training.  The office shall develop training modules in traditional or online formats.  A1204
school safety director certificate of completion shall be awarded to a school safety1205
director who satisfactorily completes the training required by rules of the office.  The1206
office shall work with the Georgia Public Safety Training Center to ensure the school1207
safety director certificate aligns with the school resource officer program standards;1208
H. B. 268 (SUB)
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(6)  Review and provide recommendations on the security risk assessments;1209
(7)  Disseminate to participating schools awareness and education materials on the proper1210
use of the 'See Something, Send Something' digital reporting application, including the1211
consequences of knowingly submitting false information;1212
(8)  Develop a state-wide behavioral threat management operational process, a state-wide1213
behavioral threat assessment indicator, and the S3 Database; and1214
(9)  Develop, in collaboration with the State Board of Education and the Department of1215
Behavioral Health and Developmental Disabilities, and publish on its public website a1216
process for a student or his or her parent or guardian to request the closure of such1217
student's case from the S3 Database.1218
(d)  With respect to all student behavioral health components of the office's responsibilities1219
provided for in subsection (c) of this Code section, the office shall obtain approval from1220
the Department of Behavioral Health and Developmental Disabilities.1221
20-2-1186.3.1222
(a)  By July 1, 2026, the office shall coordinate with the Department of Behavioral Health1223
and Developmental Disabilities to develop a state-wide behavioral threat management1224
operational process to guide local school systems, schools, and local law enforcement1225
through the threat management process.  The process shall be designed to identify, assess,1226
manage, and monitor potential and real threats to schools.  This process shall include, but1227
shall not be limited to:1228
(1)  The establishment and duties of threat management teams;1229
(2)  Defining behavioral risks and threats;1230
(3)  Evaluating the behavior of students who may pose a threat to the school, school1231
personnel, or other students and to coordinate intervention and services for such students;1232
(4)  The use, authorized user criteria, and access specifications for information collected1233
by the behavioral threat management teams;1234
H. B. 268 (SUB)
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(5)  Procedures for the implementation of interventions, school support, and community1235
services;1236
(6)  Guidelines for appropriate law enforcement intervention;1237
(7)  Procedures for risk management;1238
(8)  Procedures for disciplinary actions;1239
(9)  Mechanisms for continued monitoring of potential and real threats;1240
(10)  Procedures for referrals to mental health services identified by the local school1241
system; and1242
(11)  Procedures and requirements necessary for the creation of a threat assessment1243
report, all corresponding documentation, and any other required information.1244
(b) Upon availability, each local school system and school shall use the state-wide1245
behavioral threat management operational process.1246
(c)  The office shall partner with the Department of Behavioral Health and Developmental1247
Disabilities with respect to training for all local school systems and schools on the1248
state-wide behavioral threat management operational process.1249
(d)  The office shall coordinate the ongoing development, implementation, and operation1250
of the state-wide behavioral threat management operational process.1251
(e)  The office shall receive input from interested parties regarding the development,1252
implementation, and operation of the state-wide behavioral threat management operational1253
process, including, but not limited to, the Department of Behavioral Health and1254
Developmental Disabilities; the Office of the Child Advocate for the Protection of1255
Children; other state and local behavioral health care providers, officials, and experts;1256
superior and juvenile courts and court officials; state and local school officials, counselors,1257
social workers, and teachers; and state and local law enforcement agencies and officials,1258
the Georgia Sheriffs' Association, and the Georgia Association of Chiefs of Police.1259
20-2-1186.4.1260
H. B. 268 (SUB)
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(a)  By July 1, 2026, the office shall coordinate with the Department of Behavioral Health1261
and Developmental Disabilities to develop a state-wide behavioral threat assessment1262
indicator to evaluate the behavior of students who may pose a threat to the school, school1263
personnel, or students and to coordinate intervention and services for such students.  The1264
state-wide behavioral threat assessment indicator shall include, but shall not be limited to:1265
(1)  An assessment of the threat, which includes an assessment of the student, family,1266
school, and social dynamics;1267
(2)  An evaluation to determine whether a threat exists and if so, the type of threat;1268
(3) The response to a threat, which includes the school response, the role of law1269
enforcement agencies in the response, and the response by mental health providers;1270
(4)  Ongoing monitoring to assess implementation of threat management and safety1271
strategies;1272
(5)  Ongoing monitoring to evaluate interventions and support provided to the student;1273
and1274
(6)  A standardized threat assessment report, which shall include, but shall not be limited1275
to, all documentation associated with the evaluation, intervention, management, and any1276
ongoing monitoring of the threat.1277
(b)  Upon availability, each local school system and school shall use the behavioral threat1278
assessment indicator.1279
(c)  The office shall provide training for members of local law enforcement and for all local1280
school systems regarding the use of the behavioral threat assessment indicator.1281
20-2-1186.5.1282
(a)  Not later than July 1, 2026, the agency shall procure a state-wide behavioral threat1283
assessment management system, known as the School and Student Safety Database or S31284
Database, that will collect and integrate data to evaluate the behavior of students who may1285
pose a threat to the school, school personnel, or students; to provide for timely and1286
H. B. 268 (SUB)
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methodical school based threat assessment and management; and to coordinate intervention1287
and services for such students.1288
(b)  The S3 Database shall include, but shall not be limited to, the following functionalities:1289
(1)  Workflow processes that align with the state-wide behavioral threat management1290
operational process;1291
(2)  Direct data entry and file uploading, as required by the behavioral threat assessment1292
indicator;1293
(3)  The ability to create a threat assessment report as required by the behavioral threat1294
assessment indicator;1295
(4)  The ability of authorized personnel to add to or update a threat assessment report, all1296
corresponding documentation, or any other information as required by the behavioral1297
threat assessment indicator;1298
(5)  The ability to create and remove connections between S3 records in the portal and1299
authorized personnel;1300
(6)  The ability to securely transfer S3 records in the portal to other public schools or1301
private or charter schools;1302
(7)  The ability to grant jurisdiction-appropriate access to the appointed school safety1303
directors, authorized members of the established threat management teams, and1304
authorized personnel as specified by the state-wide behavioral threat management1305
operational process; and1306
(8)  The ability to receive tips and threat reports from federal agencies, state agencies, and1307
local law enforcement.1308
(c)  To ensure access to timely, complete, and accurate information, the S3 Database shall,1309
at a minimum, receive and share data from the following sources:1310
(1)  The Department of Administrative Services;1311
(2)  The Office of the Child Advocate for the Protection of Children;1312
(3)  The Department of Education;1313
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(4)  The Department of Human Services;1314
(5)  The Division of Family and Children Services;1315
(6)  The Department of Juvenile Justice;1316
(7)  The Georgia Bureau of Investigation;1317
(8)  The Georgia Technology Authority;1318
(9) The mobile suspicious activity reporting tool known as 'See Something, Send1319
Something'; and1320
(10)  Local law enforcement agencies and their threat reporting systems.1321
(d)  A local school system may request copies of S3 records of individuals of concern in1322
that local school system for authorized local school system personnel.1323
(e)  The parent of a student may request a copy of his or her student's S3 record, but the1324
request shall not be considered if said parent's parental rights have been terminated or a1325
court of competent jurisdiction has restricted or denied such access.1326
(f)  To maintain the confidentiality requirements attached to the information provided to1327
the S3 Database by the various state and local agencies, each source agency providing data1328
to the S3 Database shall be the sole custodian of the data for the purpose of any request for1329
inspection or copies thereof under Code Section 50-18-72.1330
(g)  The S3 Database shall comply with the requirements and standards established by the1331
Federal Bureau of Investigation's Criminal Justice Information Services Security Policy.1332
(h)  The office shall develop and implement a quarterly S3 Database access review audit1333
process.1334
(i)  Upon availability, each local school system and school shall comply with the quarterly1335
S3 Database access review audit process developed by the office.1336
(j)  By August 1, 2026, and annually thereafter, the office shall provide role-based training1337
to all authorized local school system and school personnel.1338
H. B. 268 (SUB)
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(k)  Any individual who accesses, uses, or releases any S3 record for a purpose not1339
specifically authorized by law commits a noncriminal infraction, punishable by a fine not1340
to exceed $2,000.00.1341
20-2-1186.6.1342
The office shall provide technical assistance to ensure each local school system establishes1343
school safety best practices, which shall include:1344
(1)  Each local school system shall designate a school safety director for such local school1345
system.  The school safety director shall be a school administrator employed by such1346
local school system, a law enforcement officer employed by such local school system,1347
a law enforcement officer employed by the sheriff's office of the county where such local1348
school system is primarily located, or a law enforcement officer employed by the city1349
police department of the city where such local school system is primarily located.  Any1350
school safety director designated from a sheriff's office shall first be authorized and1351
approved by the sheriff employing such law enforcement officer. Any school safety1352
director designated from a sheriff's office remains the employee of the sheriff's office for1353
purposes of compensation, insurance, workers' compensation, and other benefits1354
authorized by law for a law enforcement officer employed by the sheriff's office.  The1355
sheriff and the local school superintendent shall determine by agreement the1356
reimbursement for such costs, or may share the costs, associated with employment of the1357
law enforcement officer as a school safety director.  The school safety director shall earn1358
a certificate of completion of the school safety director training provided by the office1359
within one year after appointment and is responsible for the supervision and oversight for1360
all school safety and security personnel, policies, and procedures in the local school1361
system;1362
(2)  The school safety director, or his or her qualified designee, shall:1363
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(A)  Annually review local school system policies and procedures for compliance with1364
state law and rules.  At least quarterly, the school safety director shall report to the local1365
school superintendent and the local board of education any noncompliance by the local1366
school system with laws or rules regarding school safety;1367
(B)  Provide the necessary training and resources to students and local school system1368
staff in matters relating to youth mental health awareness and assistance; emergency1369
procedures, including active shooter training; and school safety and security;1370
(C)  Serve as the local school system liaison with local public safety agencies and1371
national, state, and community agencies and organizations in matters of school safety1372
and security;1373
(D)  In collaboration with the appropriate public safety agencies, by October 1 of each1374
year, conduct a school security risk assessment at each public school and private school1375
by request.  Based on the assessment findings, the local school system's school safety1376
director shall provide recommendations to the local school superintendent and the local1377
board of education which identify strategies and activities that the local board of1378
education should establish, and the local school superintendent should implement, in1379
order to address the findings and improve school safety and security.  Each local board1380
of education shall receive such findings and the school safety director's1381
recommendations at a publicly noticed local board of education meeting to provide the1382
public an opportunity to hear the local board of education members discuss and take1383
action on the findings and recommendations.  Each school safety director, through the1384
local school superintendent, shall report such findings and school board action to the1385
office within 30 days after the local board of education meeting;1386
(E)  Conduct annual unannounced inspections, using the form adopted by the office and1387
the local school system, of all public schools while school is in session and investigate1388
reports of noncompliance with school safety requirements to the local school1389
superintendent;1390
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(F)  Report violations of school safety requirements by educators to the local school1391
superintendent, as applicable; and1392
(G)  By October 1 of each year, the school safety director shall hold a public meeting1393
with parents to inform them of school safety policies and to hear their input.  Such1394
meeting may include other school officials, law enforcement officers, and the local1395
mental health coordinator;1396
(3)  Each local school superintendent shall identify a mental health coordinator for the1397
local school system.  The mental health coordinator shall serve as the local school1398
system's primary point of contact regarding the local school system's coordination,1399
communication, and implementation of student mental health policies, procedures,1400
responsibilities, and reporting, including:1401
(A)  Coordinating with the office;1402
(B)  Maintaining records and reports regarding student mental health as it relates to1403
school safety;1404
(C)  Facilitating the implementation of local school system policies relating to the1405
respective duties and responsibilities of the local school system, the local school1406
superintendent, and local school system principals;1407
(D)  Coordinating with the school safety director on the staffing and training of threat1408
assessment teams and facilitating referrals to mental health services, as appropriate, for1409
students and their families;1410
(E)  Coordinating with the school safety director on the training and resources for1411
students and local school system staff relating to youth mental health awareness and1412
assistance; and1413
(F)  Reviewing annually the local school system's policies and procedures related to1414
student mental health for compliance with state law and alignment with current best1415
practices and making recommendations, as needed, for amending such policies and1416
procedures to the local school superintendent and the local board of education;1417
H. B. 268 (SUB)
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(4)  Each school safety director shall coordinate with the appropriate public safety1418
agencies that are designated as first responders to a school's campus to conduct an1419
inspection of such campus once every three years and provide recommendations related1420
to school safety.  The office may be utilized to help coordinate and participate in these1421
inspections.  The recommendations by the public safety agencies shall be considered as1422
part of the recommendations by the school safety director pursuant to paragraph (A) of1423
paragraph (2) of this subsection;1424
(5)  Each local board of education shall adopt, in coordination with local law enforcement1425
agencies and local governments, a family reunification plan to reunite students and1426
employees with their families in the event that a school is closed or unexpectedly1427
evacuated due to a natural or manmade disaster. Such reunification plan shall be1428
reviewed annually and updated, as applicable;1429
(6)(A) Except as otherwise provided in a school safety plan that meets the1430
requirements of Code Section 20-2-1185, by August 1, 2026, each local school system1431
shall comply with the following school safety requirements:1432
(i)  All exterior doors or other access points that restrict ingress to or egress from a1433
school campus shall remain closed and locked at all times.  An exterior door or other1434
campus access point may not be open or unlocked, regardless of whether it is during1435
normal school hours, unless attended or actively monitored by a school staff member1436
or the use is in accordance with a shared use agreement;1437
(ii)  All school classrooms and other instructional spaces shall be locked to prevent1438
ingress when occupied by students, except between class periods when students are1439
moving between classrooms or other instructional spaces.  If a classroom or other1440
instructional space door shall be left unlocked or open for any reason other than1441
between class periods when students are moving between classrooms or other1442
instructional spaces, the door shall be actively staffed by a person standing or seated1443
at the door;1444
H. B. 268 (SUB)
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(iii)  All campus access doors and other access points that allow ingress to or egress1445
from a school building shall remain closed and locked at all times to prevent ingress,1446
unless a person is actively entering or exiting the door or other access point.  All1447
campus access doors, gates, and other access points may be electronically or manually1448
controlled by school personnel to allow access by authorized visitors, students, and1449
school personnel; and1450
(iv) All school classrooms and other instructional spaces shall clearly and1451
conspicuously mark the safest areas in each classroom or other instructional space1452
where students may shelter in place during an emergency.  Students shall be notified1453
of these safe areas within the first ten days of the school year.  The office shall assist1454
the school safety director with compliance during inspections.1455
(B)  Persons who are aware of a violation of this paragraph shall report the violation to1456
the school principal.  The school principal shall report the violation to the school safety1457
director no later than the next business day after receiving such report.  If the person1458
who violated this paragraph is the school principal, the report shall be made directly to1459
the local school superintendent, as applicable; and1460
(7) Each local board of education shall adopt a progressive discipline policy for1461
addressing any educator as defined in Code Section 20-2-982.1 who knowingly violates1462
school safety requirements.1463
20-2-1186.7.1464
The office shall ensure that each local school system establishes a threat management team1465
at each school whose duties include the coordination of resources and assessment of and1466
intervention with students whose behavior may pose a threat to themselves or the safety of1467
the school, school staff, or other students.  Each school's threat management team shall1468
adhere to the following requirements:1469
H. B. 268 (SUB)
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(1)  Upon the availability of a state-wide behavioral threat management operational1470
process, all threat management teams shall use the operational process;1471
(2)  A threat management team shall be formed at the discretion of the local school1472
superintendent and local sheriff's office, and shall include persons with expertise in1473
counseling, mental health instruction, school administration, and law enforcement.  All1474
members of the threat management team shall be involved in the threat assessment and1475
threat management process and final decision making.  At least one member of the threat1476
management team shall have personal familiarity with the individual who is the subject1477
of the threat assessment, and if such individual has an Individualized Education Program1478
(IEP) plan or a Section 504 plan, at least one member of the threat management team1479
shall have personal familiarity with such plan.  If no member of the threat management1480
team has such familiarity, an educator, as defined in Code Section 20-2-982.1, who is1481
personally familiar with the individual who is the subject of the threat assessment shall1482
consult with the threat management team for the purpose of assessing the threat.  The1483
educator who provides such consultation shall not participate in the decision-making1484
process;1485
(3)  The threat management team shall identify members of the school community to1486
whom threatening behavior should be reported and provide guidance to students, faculty,1487
and staff regarding recognition of threatening or aberrant behavior that may represent a1488
threat to the community, school, or self;1489
(4)  Upon the availability of the state-wide behavioral threat assessment indicator, all1490
threat management teams shall use that indicator when evaluating the behavior of1491
students who may pose a threat to the school, school staff, or students and to coordinate1492
intervention and services for such students;1493
(5)  Upon a preliminary determination that a student poses a threat of violence or physical1494
harm to himself or herself or others, a threat management team shall immediately report1495
its determination to the local school superintendent or his or her designee, local law1496
H. B. 268 (SUB)
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enforcement, and the office.  The local school superintendent or his or her designee shall1497
immediately attempt to notify the student's parent or legal guardian and will determine1498
who within the threat management team is the most appropriate to handle the situation. 1499
Nothing in this subsection precludes the local school system from acting immediately to1500
address an imminent threat;1501
(6)  Upon a preliminary determination by the threat management team that a student1502
poses a threat of violence to himself or herself or others or exhibits significantly1503
disruptive behavior or need for assistance, authorized members of the threat management1504
team shall submit a report to the office, who will use the S3 Database to complete its own1505
report based on all available state resources on the individual of concern.  A member of1506
a threat management team may not disclose any information gathered during the creation1507
of the report, gathered on the individual of concern from the office, or otherwise use any1508
record of an individual beyond the purpose for which such disclosure was made to the1509
threat management team;1510
(7)  Notwithstanding any other provision of law, all state and local agencies and programs1511
that provide services to students experiencing or at risk of demonstrating behavior which1512
indicates they may harm themselves or others, including, but not limited to, local school1513
systems, school personnel, state and local law enforcement agencies, the Department of1514
Juvenile Justice, the Department of Human Services, the Division of Family and Children1515
Services, the Department of Education, the Office of the Child Advocate for the1516
Protection of Children, and any service or support provider contracting with such1517
agencies, should submit concerns to the office using the S3 Database to ensure the safety1518
of the student or others;1519
(8) If an immediate mental health or substance abuse crisis is suspected, school1520
personnel shall follow steps established by the threat management team to engage1521
behavioral health crisis resources.  Behavioral health crisis resources, including, but not1522
limited to, mobile crisis teams and school resource officers trained in crisis intervention,1523
H. B. 268 (SUB)
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shall provide emergency intervention and assessment, make recommendations, and refer1524
the student for appropriate services. Onsite school personnel shall report all such1525
situations and actions taken to the threat management team, which shall contact the other1526
agencies involved with the student and any known service providers to share information1527
and coordinate any necessary follow-up actions.  Upon the student's transfer to a different1528
school within the same local school system, the threat management team of the receiving1529
school shall verify that any intervention services provided to the student at the previous1530
school remain in place until the threat management team of the receiving school1531
independently determines the need for intervention services.  Upon the student's transfer1532
to a school outside of such local school system, the threat management team at the1533
receiving school shall be provided access to the student's critical records as needed to1534
determine the need for intervention services;1535
(9)  If human trafficking or gang affiliation is suspected, school personnel shall follow1536
steps established by the threat management team to seek law enforcement assistance and1537
to identify appropriate interventions for the safety of the student from outside criminal1538
syndicates;1539
(10)  The threat management team shall prepare a threat assessment report required by1540
the state-wide behavioral threat assessment indicator.  A threat assessment report, all1541
corresponding documentation, and any other information required by the state-wide1542
behavioral threat assessment indicator shall be submitted to the office through the S31543
Database.  Reports, tips, and information submitted into the S3 Database shall become1544
an S3 record; and1545
(11)  Each local board of education shall establish a threat management coordinator to1546
serve as the primary point of contact regarding the local school system's coordination,1547
communication, and implementation of the threat management program and to report1548
quantitative data to the office.1549
H. B. 268 (SUB)
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20-2-1186.8.1550
By August 1 of each year, the office shall:1551
(1) Evaluate each local school system's use of the state-wide behavioral threat1552
management operational process, the state-wide behavioral threat assessment indicator,1553
and the S3 Database for compliance with this part;1554
(2)  Notify the local school superintendent, as applicable, if the use of the state-wide1555
behavioral threat management operational process, the state-wide behavioral threat1556
assessment indicator, or the S3 Database is not in compliance with this part; and1557
(3)  Report any issues of ongoing noncompliance with this part to the commissioner of1558
Juvenile Justice and the local school superintendent, as applicable.1559
20-2-1186.9.1560
(a)(1)  By August 1, 2025, the office shall develop and adopt a school safety compliance1561
inspection report to document compliance or noncompliance with school safety1562
requirements mandated by law, rule, or regulation and adherence to established school1563
safety best practices to evaluate the safety, security, and emergency response of the1564
school.1565
(2)  Upon the adoption of the report and upon any revisions to the report, the office shall1566
provide a blank copy of such report to each local school superintendent.1567
(b)  The office shall monitor compliance with requirements relating to school safety by1568
local school systems and schools.  The office shall conduct unannounced inspections of all1569
public schools while school is in session, triennially, and investigate reports of1570
noncompliance with school safety requirements. Within three school days after the1571
unannounced inspection, the office shall provide a copy of the completed school safety1572
compliance inspection report, including any photographs or other evidence of1573
noncompliance, to the school safety director; the school principal, as appropriate, and the1574
local school superintendent.  The school safety director shall acknowledge, in writing,1575
H. B. 268 (SUB)
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receipt of the report within one school day after receipt.  The office shall reinspect any1576
school with documented deficiencies within six months.  The school safety director, or his1577
or her designee, shall provide the office with written notice of how the noncompliance has1578
been remediated within three school days after receipt of the report.1579
(c) The office shall provide quarterly reports to each local school superintendent and school1580
safety director identifying the number and percentage of schools inspected or reinspected1581
during that quarter and the number and percentage of inspected schools that had no school1582
safety requirement deficiencies.  Annually, during the first quarter of every school year, the1583
school safety director shall report to the local board of education in a public meeting the1584
number of schools inspected during the preceding calendar year and the number and1585
percentage of schools in compliance during the initial inspection and reinspection."1586
SECTION 23.1587
Code Section 16-11-37 of the Official Code of Georgia Annotated, relating to terroristic1588
threats and acts and penalties, is amended by revising paragraph (1) of subsection (d) and by1589
adding new subsections to read as follows:1590
"(d)(1)  A person convicted of the offense of a terroristic threat shall be punished as for1591
a misdemeanor; provided, however, that, if the threat suggested the death of the1592
threatened individual or threatened the death of, or serious injury to, a group of1593
individuals who are or will likely be at or within a school, the person convicted shall be1594
guilty of a felony and shall be punished by a fine of not more than $1,000.00,1595
imprisonment for not less than one nor more than five years, or both."1596
"(f)  Any parent or legal guardian who intentionally advises, counsels, encourages, aids, or1597
abets his or her minor child in the commission of an offense prohibited by paragraph (1)1598
of subsection (d) of this Code section, relating to threatening the death of, or serious injury1599
to, a group of individuals who are or will likely be at or within a school, shall be deemed1600
a person concerned in the commission of such offense, as provided for in Code Section1601
H. B. 268 (SUB)
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16-2-20, and may be charged with and convicted of the commission of such offense as a1602
party thereto.1603
(g)  Whenever there is a credible accusation that a person threatened, whether verbally, in1604
writing, or otherwise, the death of, or serious injury to, a group of individuals, pursuant to1605
paragraph (1) of subsection (d) of this Code section, who are or will likely be at or within1606
a school and that the person who made the threat is enrolled in the school, such school shall1607
immediately reassign such person to remote learning and provide him or her with1608
counseling while the school and other parties investigate the allegation or information1609
related to the threat.  Once the school has made a substantive finding related to the threat,1610
it may discontinue the remote learning assignment and impose relevant discipline, as1611
appropriate."1612
SECTION 24.1613
Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to1614
inspection of public records, is amended in Code Section 50-18-72, relating to when public1615
disclosure not required, by striking "or" at the end of paragraph (51), by replacing the period1616
with "; and" at the end of paragraph (52), and by adding a new paragraph to read as follows:1617
"(53)  Information held in the School and Student Safety Database provided for in Part 21618
of Article 27 of Chapter 2 of Title 20 or by a threat management team established by a1619
local school system relating to the assessment of or intervention with an individual of1620
concern."1621
SECTION 25.1622
This Act shall become effective upon its approval by the Governor or upon its becoming law1623
without such approval.1624
SECTION 26.1625
H. B. 268 (SUB)
- 63 - 25 LC 49 2326S
All laws and parts of laws in conflict with this Act are repealed.1626
H. B. 268 (SUB)
- 64 -