Georgia House Bill HB268 Comm Sub / Bill

                    LC 49 2328S
The House Committee on Rules 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 de-identified and disaggregated55
reports of S3 records, student discipline records, and student attendance; to provide for a56
short title; to provide for definitions; to amend Code Section 16-11-37 of the Official Code57
of Georgia Annotated, relating to terroristic threats and acts and penalties, so as to provide58
for the offense of threatening the death of or serious injury to individuals who are or likely59
to be at school; to provide for parents and legal guardians to be charged as a person60
concerned in the commission of such offense; to amend Article 4 of Chapter 18 of Title 5061
of the Official Code of Georgia Annotated, relating to inspection of public records, so as to62
provide for an exemption; to provide for related matters; to provide for an effective date; to63
repeal conflicting laws; and for other purposes.64
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:65
SECTION 1.66
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and67
secondary education, is amended in Code Section 20-2-133, relating to free public68
instruction, exceptions, eligibility, and procedure and requirements when child in custody of69
or in a placement or facility of a state agency, by revising subsection (b) as follows:70
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"(b)(1)(A)  Any child, except as otherwise specifically provided in subparagraph (D)71
of this paragraph, who is:72
(i)  In the physical or legal custody of the Department of Juvenile Justice or the73
Department of Human Services or any of its divisions, including, but not limited to,74
the Division of Family and Children Services;75
(ii)  In a placement operated by the Department of Human Services or the Department76
of Behavioral Health and Developmental Disabilities;77
(iii)  In a facility or placement paid for by the Department of Juvenile Justice, the78
Department of Human Services or any of its divisions, or the Department of79
Behavioral Health and Developmental Disabilities including, but not limited to, the80
Division of Family and Children Services; or81
(iv)  Placed in a psychiatric residential treatment facility by his or her parent or legal82
guardian pursuant to a physician's order, if such child is not a home study, private83
school, or out-of-state student84
and who is physically present within the geographical area served by a local unit of85
administration for any length of time is eligible for enrollment in the educational86
programs of that local unit of administration; provided, however, that the child meets87
the age eligibility requirements established by this article.  Except for children who are88
committed to the Department of Juvenile Justice and receiving education services under89
Code Section 20-2-2084.1, the local unit of administration of the school district in90
which such child is present shall be responsible for the provision of all educational91
programs, including special education and related services, at no charge so long as the92
child is physically present in the school district.93
(B)  A child shall be considered in the physical or legal custody of the Department of94
Juvenile Justice or the Department of Human Services or any of its divisions, including,95
but not limited to, the Division of Family and Children Services, if custody has been96
awarded either temporarily or permanently by court order or by voluntary agreement,97
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or if the child has been admitted or placed according to an individualized treatment or98
service plan of the Department of Human Services or the Division of Family and99
Children Services.  A child shall be considered in a facility or placement paid for or100
operated by the Department of Behavioral Health and Developmental Disabilities if the101
child has been admitted or placed according to an individualized treatment or service102
plan of the Department of Behavioral Health and Developmental Disabilities or its103
contractors.104
(C) A facility providing educational services onsite to a child described in105
subparagraph (A) of this paragraph who is unable to leave such facility shall enter into106
a memorandum of understanding with the local unit of administration in which the107
facility is located.  Such memorandum of understanding shall include, at a minimum,108
provisions regarding enrollment counting procedures, allocation of funding based on109
actual days of enrollment in the facility, and the party responsible for employing110
teachers, and the respective rights and responsibilities of the parties relative to the111
disclosure of the child's education records, as such term is defined in Code Section112
20-2-670.  A memorandum of understanding shall be reviewed and renewed at least113
every two years; provided, however, that, if any memorandum of understanding in114
place on July 1, 2025, does not include such provisions regarding the respective rights115
and responsibilities of the parties relative to the disclosure of the child's education116
records, such memorandum of understanding shall be reviewed and updated by no later117
than October 1, 2025.118
(D)  No child in a secure residential facility as defined in Code Section 15-11-2,119
regardless of his or her custody status, shall be eligible for enrollment in the educational120
programs of the local unit of administration of the school district in which such facility121
is located.  No child or youth in the custody of the Department of Corrections or the122
Department of Juvenile Justice and confined in a facility as a result of a sentence123
imposed by a court shall be eligible for enrollment in the educational programs of the124
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local unit of administration of the school district where such child or youth is being125
held; provided, however, that such child or youth may be eligible for enrollment in a126
state charter school pursuant to Code Section 20-2-2084.1.127
(2)  Except as otherwise provided in this Code section, placement in a facility by another128
local unit of administration shall not create an obligation, financial or otherwise, on the129
part of the local unit of administration in which the facility is located to educate the child.130
(3)  For any child described in subparagraph (A) of paragraph (1) of this subsection, the131
custodian of or placing agency for the child shall notify the appropriate local unit of132
administration at least five days in advance of the move, when possible, when the child133
is to be moved from one local unit of administration to another.134
(4)  When the custodian of or placing agency for any child notifies a local unit of135
administration, as provided in paragraph (3) of this subsection, that the child may become136
eligible for enrollment in the educational programs of a local unit of administration, such137
local unit of administration shall request the transfer of the educational education records138
and Individualized Education Programs and all education related evaluations,139
assessments, social histories, and observations of the child from the appropriate local unit140
of administration no later than ten five days after receiving notification.  Notwithstanding141
any other law to the contrary, the custodian of the records has the obligation to transfer142
these such records and the local unit of administration has the right to receive, review,143
and utilize these such records.  Notwithstanding any other law to the contrary, upon the144
request of a local unit of administration responsible for providing educational services to145
a child described in subparagraph (A) of paragraph (1) of this subsection, the Department146
of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities,147
or the Department of Human Services, or the Division of Family and Children Services148
shall furnish to the local unit of administration all medical and educational education149
records in the possession of the Department of Juvenile Justice, the Department of150
Behavioral Health and Developmental Disabilities, or the Department of Human151
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Services, or the Division of Family and Children Services pertaining to any such child,152
except where consent of a parent or legal guardian is required in order to authorize the153
release of any of such records, in which event the Department of Juvenile Justice, the154
Department of Behavioral Health and Developmental Disabilities, or the Department of155
Human Services shall obtain such consent from the parent or guardian prior to such156
release.  Such records shall include, but shall not be limited to, any record that such157
student:158
(A)  Has ever been adjudicated delinquent of the commission of a class A designated159
felony act or class B designated felony act, as defined in Code Section 15-11-2 and, if160
so, the date of such adjudication, the offense committed, the jurisdiction in which such161
adjudication was made, and the sentence imposed;162
(B) Is currently serving a short-term suspension, a long-term suspension, or an163
expulsion from another school, the reason for such discipline, and the term of such164
discipline;165
(C)  Is currently the subject of a notice of a disciplinary hearing pursuant to Code166
Section 20-2-754; or167
(D)  Is currently or has ever been the subject of a:168
(i)  Notice of a report of criminal action made pursuant to Code Section 20-2-756;169
(ii)  Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765;170
(iii)  Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;171
or172
(iv)  Report of the commission of a prohibited act made pursuant to Code Section173
20-2-1184.174
(5)  In the event that the Department of Juvenile Justice, the Department of Human175
Services, or the Division of Family and Children Services contends that any record176
provided for in paragraph (4) of this subsection cannot be released without consent of a177
parent or legal guardian, such agency shall:178
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(A)  Within five days after receiving a request for records under this subsection:179
(i)  Release all records not subject to such restriction;180
(ii)  Provide in writing to the local unit of administration and the RESA student affairs181
officer of the RESA in which such local unit of administration is located a list that182
identifies each record that such agency contends is subject to such restriction and the183
legal basis for such restriction; and184
(iii)  Initiate both verbal and written contact with the parent or legal guardian to obtain185
consent which the agency contends is required; and186
(B)  Upon receipt of the consent provided for in division (5)(A)(iii) of this subsection,187
immediately release the subject record to the local unit of administration.188
(6)(A)  In the event that an agency contends that releasing, in whole or in part, a189
student's records as required by this Code section would be unlawful, such agency shall190
promptly provide a written notice of dispute to the RESA student affairs officer of the191
RESA in which the local unit of administration is located.192
(B) In the event that a local unit of administration contends that a student's records, in193
whole or in part, have been unlawfully or unduly withheld from release by a sending194
school, such local unit of administration shall promptly provide a written notice of195
dispute to the RESA student affairs officer of the RESA in which the local unit of196
administration is located.197
(C)(i) Upon receipt of a notice of dispute from an agency as provided for in198
subparagraph (A) of this paragraph or from a local unit of administration as provided199
in subparagraph (B) of this paragraph, the RESA student affairs officer shall be200
authorized to work in coordination with any sending school, any receiving school, any201
other requestor, and the parent or legal custodian of the student whose records are the202
subject of such notice to resolve any dispute by providing technical assistance and203
guidance as to the respective rights and responsibilities of each of the parties to the204
dispute.205
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(ii)  To the extent that such efforts to resolve the dispute are not successful, the RESA206
student affairs officer shall provide a written notice of noncompliance to any party to207
such dispute which the RESA student affairs officer reasonably contends is208
noncompliant with the requirements of this paragraph. Such written notice of209
noncompliance shall include a recommended corrective action to resolve210
noncompliance.  The RESA student affairs officer shall report such noncompliance211
to the director of the RESA.212
(iii)  Upon being notified of a noncompliance as provided for in division (ii) of this213
subparagraph, the RESA director shall be authorized to attempt to resolve the dispute214
and to report noncompliance to the Office of the Attorney General and the215
Department of Education's chief privacy officer.216
(D)  For the limited purposes provided for in this subsection, RESA student affairs217
officers and RESA directors shall be authorized to review the education records that are218
the subject of a notice of dispute provided for in this subsection.219
(5)(7) Any local unit of administration which serves a child pursuant to subparagraph (A)220
of paragraph (1) of this subsection shall receive in the form of annual grants in state221
funding for that child the difference between the actual state funds received for that child222
pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred223
in educating that child, calculated pursuant to regulations adopted by the State Board of224
Education.  Each local board of education shall be held harmless by the state from225
expending local funds for educating students pursuant to this Code section; provided,226
however, that this shall only apply to students who are unable to leave the facility in227
which they have been placed.228
(6)(8) Enrollment of an eligible child pursuant to this Code section shall be effectuated229
in accordance with rules and regulations adopted by the State Board of Education.230
(7)(9) For purposes of the accountability program provided for in Part 3 of Article 2 of231
Chapter 14 of this title, all facilities serving children described in subparagraph (A) of232
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paragraph (1) of this subsection shall be, consistent with department rules and233
regulations, treated as a single local education agency; provided, however, that this234
paragraph shall not be construed to alleviate any responsibilities of the local unit of235
administration of the school district in which any such children are physically present for236
the provision of education for any such children.237
(8)(10) The Department of Education, the State Charter Schools Commission, the238
Department of Human Services, the Division of Family and Children Services, the239
Department of Juvenile Justice, the Department of Behavioral Health and Developmental240
Disabilities, and the local units of administration where Department of Education, State241
Charter Schools Commission, Department of Juvenile Justice, Department of Behavioral242
Health and Developmental Disabilities, or Department of Human Services, or Division243
of Family and Children Services placements, facilities, or contract facilities are located244
shall jointly develop procedures binding on all agencies implementing the provisions of245
this Code section applicable to children and youth in the physical or legal custody of the246
Department of Juvenile Justice, under the care or physical or legal custody of the247
Department of Human Services or the Division of Family and Children Services, or under248
the physical custody of the Department of Behavioral Health and Developmental249
Disabilities."250
SECTION 2.251
Said chapter is further amended in Part 5 of Article 6, relating to program weights and252
funding requirements under the "Quality Basic Education Act," by adding a new Code253
section to read as follows:254
"20-2-192.255
(a)  As used in this Code section, the term 'qualified behavioral health coordinator' means256
an individual employed by a local school system whose beginning salary and benefits are257
eligible for reimbursement grants under this Code section.258
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(b)  Subject to appropriations by the General Assembly, the State Board of Education shall259
provide grants to local school systems for the purpose of reimbursing local school systems260
for expenditures sufficient to pay the beginning salaries and benefits of qualified behavioral261
health coordinators employed by such local school systems.262
(c)  Under such grant program, local school systems shall be eligible for reimbursement for263
an amount equal to the beginning salary and benefits of:264
(1)  One qualified behavioral health coordinator for local school systems with a full-time265
equivalent enrollment of fewer than 18,000 students;266
(2) Two qualified behavioral health coordinators for local school systems with a267
full-time equivalent enrollment of 18,000 to 36,000 students; or268
(3)  Three qualified behavioral health coordinators for local school systems with a269
full-time equivalent enrollment of more than 36,000 students.270
(d)  By July 1, 2025, the State Board of Education shall establish regulations as to the271
manner in which local school systems shall request and receive such grant funds.  Such272
regulations shall condition the receipt of such grant funds on the local school system's273
compliance with all applicable provisions of Code Sections 20-2-1185 and 20-2-1185.1,274
relating to school safety plans, including, but not limited to, behavioral threat assessment275
management plans.276
(e)(1) By July 1, 2025, the Department of Behavioral Health and Developmental277
Disabilities, in consultation with the Department of Education, shall establish the278
essential duties and minimum qualifications for qualified behavioral health coordinators279
hired by local school systems.  Such minimum qualifications shall be established so as280
to maximize opportunities for local school systems to hire qualified behavioral health281
coordinators capable of performing such essential duties.282
(2)  Such qualified behavioral health coordinators shall be primarily responsible for:283
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(A)  Coordinating the efforts of the local school system to identify and facilitate284
appropriate interventions for students with or at risk for mental health concerns,285
including, but not limited to, telehealth services;286
(B)  Coordinating, documenting, evaluating, and reporting the outcomes of Tier 1 and287
Tier 2 behavioral health training programs and materials of the local school system,288
including, but not limited to, such training programs and materials as provided for in289
Code Section 20-2-779.1; and290
(C)  Attending information and training meetings relating to school safety and student291
behavioral health provided or facilitated by the Georgia Emergency Management and292
Homeland Security Agency or the Department of Behavioral Health and293
Developmental Disabilities.294
(f)  This Code section shall not apply to the Department of Juvenile Justice or its school295
system.296
(g)  Nothing in the Code section shall be construed to prohibit local school systems from297
hiring or contracting with behavioral health coordinators using other funds available for298
such purpose."299
SECTION 3.300
Said chapter is further amended in Code Section 20-2-270, relating to establishment of a301
state-wide network, by revising subsection (a) as follows:302
"(a)(1) The State Board of Education shall establish a state-wide network of regional303
educational service agencies for the purposes of: providing shared services designed to304
improve the effectiveness of educational programs and services to local school systems305
and state charter schools; providing instructional programs directly to selected public306
school students in the state; provide services as provided for in Code Sections 20-2-133,307
20-2-670, and 20-2-785; and providing Georgia Learning Resources System services.308
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(2) The regional educational service agencies established by the state board may legally309
be referred to as 'RESA' or 'RESA's 'RESAs'."310
SECTION 4.311
Said chapter is further amended in Part 11 of Article 6, relating to regional educational312
service agencies, by adding a new Code section to read as follows:313
"20-2-270.2.314
(a)  Each regional educational service agency shall be authorized to provide dispute315
resolution services as provided for in Code Sections 20-2-133 and 20-2-670 to local316
education agencies, local units of administration, and public and private schools located317
within the service area of such regional educational service agency and to the Department318
of Juvenile Justice, the Department of Human Services, and the Division of Family and319
Children Services.320
(b)  Each regional education service area director shall designate one staff member as321
RESA student affairs officer.322
(c)  The chief privacy officer designated by the State School Superintendent pursuant to323
Code Section 20-2-663 shall provide technical assistance and guidance to support RESA324
student affairs officers and directors in complying with the requirements of this Code325
section and Code Sections 20-2-133 and 20-2-670."326
SECTION 5.327
Said chapter is further amended in Code Section 20-2-662, relating to definitions relative to328
student data privacy, accessibility, and transparency, by adding new paragraphs to read as329
follows:330
"(6.1)  'Legal custodian' means an entity or individual other than a parent with legal331
authority to act on behalf of a student.  Such term shall include the Department of332
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Juvenile Justice, the Department of Human Services, and the Division of Family and333
Children Services.334
(6.2)  'Local board of education' means the governing body of each local education335
agency as such terms are defined in Code Section 20-2-167.1.  Such term shall include336
the Department of Juvenile Justice school system."337
"(8.1)  'Parent' means an individual other than a legal custodian who has legal authority338
to act on behalf of a student as a natural or adoptive parent or a legal guardian."339
SECTION 6.340
Said chapter is further amended in Code Section 20-2-663, relating to designation and role341
of chief privacy officer, by adding a new subsection to read as follows:342
"(c)(1)  In consultation with the Attorney General's office, the chief privacy officer shall343
promulgate for all regional education service agencies, all local education agencies, all344
elementary and secondary schools in this state, the Department of Juvenile Justice (DJJ)345
school system, the Department of Human Services (DHS), the Division of Family and346
Children Services (DFCS), and the Department of Defense Education Activity (DoDEA)347
a guidance document that shall address, but shall not be limited to, the following topics:348
(A)  The current state and federal laws applicable to local education agencies and349
elementary and secondary schools in this state, DJJ, DHS, DFCS, and DoDEA intended350
to protect the privacy of student education records, student health records, student data,351
and the personally identifiable information of students and their families;352
(B) The application of the federal Family Educational Rights and Privacy Act353
(FERPA) to local education agencies and elementary and secondary schools in this354
state, DJJ, DHS, DFCS, and DoDEA, including what information is and is not covered355
under FERPA;356
(C)  What student education records and student health records can be shared with other357
educators, other schools, DJJ, DHS, DFCS, and DoDEA;358
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(D)  What information about a student a local education agency, an elementary or359
secondary school, DJJ, DHS, DFCS, and DoDEA is permitted or required to share with360
a law enforcement officer, a law enforcement agency, a judge or court personnel, or361
another state or local agency or officer with a legal interest in such student; and362
(E)  What information about a student a law enforcement officer, a law enforcement363
agency, a judge or court personnel, or another state or local agency with a legal interest364
in such student is permitted or required to share with a local education agency, an365
elementary or secondary school, DJJ, DHS, DFCS, or DoDEA.366
(2)(A)  The guidance document required by paragraph (1) of this subsection shall be367
issued by July 15, 2025, and shall be reviewed and updated by July 1 each year and at368
any other time as necessary to ensure the information included in such guidance369
document is accurate.370
(B)  Each time the guidance document required by paragraph (1) of this subsection is371
issued or updated, it shall be posted on the department's public website along with372
responses to common or frequently asked questions relevant to the topics included in373
such guidance document.374
(3)  The chief privacy officer shall consult with experts and authorities as appropriate375
including, but not limited to the Office of the Chief Privacy Officer of the United States376
Department of Education, to meet the requirements of this subsection."377
SECTION 7.378
Said chapter is further amended in Code Section 20-2-667, relating to parental and student379
review of education records and model policies, by revising subsection (c) as follows:380
"(c)(1)  Except as provided in paragraph (2) of this subsection, each local board of381
education shall immediately provide an electronic copy of a student's complete education382
record to any parent, legal custodian, or another person or entity legally authorized to383
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receive such records upon request and under no circumstances later than 5:00 P.M. on the384
third business day following the date of such request.385
(2)  In the event that any portion of such student's education record is not maintained in386
electronic format, the local board of education shall provide an electronic copy of all of387
the student's education records available in electronic format in compliance with388
paragraph (1) of this subsection and shall, no later than 5:00 P.M. on the third business389
day following the date of the request for such records, notify the requestor when copies390
of the remainder of such student's education records will be ready for retrieval. Local391
boards of education shall provide a parent or guardian with an electronic copy of his or392
her child's education record upon request, unless the local board of education does not393
maintain a record in electronic format and reproducing the record in an electronic format394
would be unduly burdensome."395
SECTION 8.396
Said chapter is further amended by repealing Code Section 20-2-670, relating to397
requirements for transferring students beyond sixth grade, conditional admission, and398
compliance, in its entirety and enacting a new Code section to read as follows:399
"20-2-670.400
(a)  As used in this Code section, the term:401
(1)  'Critical records' means the following education records of a student, which shall be402
current and complete for a period of at least the most recent 12 months of such student's403
enrollment or the entirety of such student's enrollment if less than 12 months:404
(A)  Information from all assessments of the student by the school or local school405
system threat management team;406
(B)  Academic transcript;407
(C)  Attendance records;408
(D)  Student discipline records, including, but not limited to, all records of any:409
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(i)  Disciplinary order of short-term suspension, long-term suspension, or expulsion410
made pursuant to Code Section 20-2-751.2;411
(ii)  Notice of a report of criminal action made pursuant to Code Section 20-2-756;412
(iii)  Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765;413
(iv)  Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;414
or415
(v)  Report of the commission of a prohibited act made pursuant to Code Section416
20-2-1184;417
(E)  Records of the student having ever been adjudicated delinquent of the commission418
of a class A designated felony act or class B designated felony act, as defined in Code419
Section 15-11-2 and, if so, the date of such adjudication, the offense committed, the420
jurisdiction in which such adjudication was made, and the sentence imposed;421
(F)  An Individualized Education Program (IEP) pursuant to the federal Individuals422
with Disabilities Education Act or a plan under Section 504 of the federal423
Rehabilitation Act of 1973, if any; and424
(G)  Psychological evaluations, if any.425
(2)  'Education records' means any record that is maintained by a local education agency,426
a public or private elementary or secondary school, the Department of Juvenile Justice427
school system, or a party acting on behalf of such entity and is directly related to a428
student.  Such term shall include, but shall not be limited to, records of such student's429
enrollment, attendance, class schedules, academic transcripts, grades, student discipline,430
student financial information, health records, special education records, and431
psychological evaluations.  Such term shall include the student's critical records.432
(3)  'Governing body' means the local board of education, governing council, governing433
board, Board of Juvenile Justice, or other entity by whatever name responsible for434
creating and implementing the budget of a local education agency or a public or private435
school.436
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(4) 'Legal custodian' means an entity or individual other than a parent with legal437
authority to act on behalf of a student.  Such term shall include the Department of438
Juvenile Justice, the Department of Human Services, and the Division of Family and439
Children Services.440
(5)  'Local education agency' shall have the same meaning as provided in Code Section441
20-2-167.1.  Such term shall include the Department of Juvenile Justice school system.442
(6)  'Parent' means an individual other than a legal custodian who has legal authority to443
act on behalf of a student as a natural or adoptive parent or a legal guardian.444
(7)  'Permanent enrollment' means enrollment of student in a school that is not provisional445
enrollment.446
(8)  'Provisional enrollment' means the conditional and nonpermanent enrollment of447
student in a school for a specified period of time.448
(9)  'Receiving school' means a local education agency or public or private school in449
which a transferring student, either on his or her own behalf or by and through his or her450
parent or legal custodian, has enrolled or seeks or intends to enroll.451
(10)  'Requestor' means a student, the parent or legal custodian of such student, or a452
receiving school or another person or entity legally authorized to receive the education453
records of such student.454
(11)  'RESA' means a regional education service agency as provided for in Code Section455
20-2-270.456
(12)  'RESA student affairs officer' means the RESA employee designated by the RESA457
executive director to receive and attempt to resolve notices of disputes brought pursuant458
to this Code section.459
(13)  'Sending school' means a local education agency or a public or private school which460
maintains education records of a particular student and is responsible for releasing such461
records to a requestor.462
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(14)  'Student' means an individual who is enrolled in a public or private elementary or463
secondary school or home study program in this state, or who is subject to the464
compulsory attendance requirements of Code Section 20-2-690.1.465
(15)  'Transferring student' means a student who, either on his or her own behalf or by466
and through his or her parent or legal custodian, has enrolled in or is seeking or intends467
to enroll in a receiving school.468
(b)  The parent or legal custodian of a student seeking permanent enrollment in a grade469
higher than the third grade in any receiving school in this state shall as a prerequisite to470
such permanent enrollment execute a document:471
(1)  Disclosing to the receiving school whether the student:472
(A)  Has ever been adjudicated delinquent of the commission of a class A designated473
felony act or class B designated felony act, as defined in Code Section 15-11-2 and, if474
so, the date of such adjudication, the offense committed, the jurisdiction in which such475
adjudication was made, and the sentence imposed;476
(B) Is currently serving a short-term suspension, a long-term suspension, or an477
expulsion from another school, the reason for such discipline, and the term of such478
discipline;479
(C)  Is currently the subject of a notice of a disciplinary hearing pursuant to Code480
Section 20-2-754; or481
(D)  Is currently or has ever been the subject of any:482
(i)  Notice of a report of criminal action made pursuant to Code Section 20-2-756;483
(ii)  Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; 484
(iii)  Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;485
or486
(iv)  Report of the commission of a prohibited act made pursuant to Code Section487
20-2-1184; and488
- 19 - LC 49 2328S
(2) Either:489
(A)  Present a certified copy of such student's critical records from each sending school490
he or she attended during the previous 24 months; or491
(B)  Receive written confirmation from such receiving school that it as received such492
student's critical records.493
(c)(1)  A student may be provisionally enrolled in a receiving school for not more than494
ten school days on a conditional basis; provided, however, that such provisional495
enrollment shall not commence until the next school day after such student's parent or496
legal custodian executes a document:497
(A)  Disclosing the information required in paragraph (1) of subsection (b) of this Code498
section; and499
(B)  Providing the name and address of each sending school such student attended500
during the previous 24 months and authorizing the immediate release of such student's501
critical records to the receiving school.502
(2)  If the receiving school does not receive such student's critical records from each503
sending school such student attended during the previous 24 months, the receiving school504
shall be authorized to temporarily assign such student to remote learning until such505
critical records are received or the case management consultation provided for in506
subsection (i) of this Code section is completed.507
(3)  If a student provisionally enrolled in a receiving school is found to be ineligible for508
enrollment pursuant to the provisions of Code Section 20-2-751.2, or is subsequently509
found to be so ineligible, he or she shall be dismissed from enrollment in such receiving510
school until such time as he or she becomes so eligible.511
(d)  Any document provided by a receiving school to a student or such student's parent or512
legal custodian to request permanent enrollment or provisional enrollment in such receiving513
school or to authorize the release of education records to such receiving school shall514
include:515
- 20 - LC 49 2328S
(1)  A list of class A designated felony acts or class B designated felony acts;516
(2)  A list of the prohibited acts identified in Code Section 20-2-1184; and517
(3)  A description of each of the following:518
(A)  Notice of a disciplinary hearing pursuant to Code Section 20-2-754;519
(B)  Notice of a report of criminal action made pursuant to Code Section 20-2-756;520
(C)  Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; 521
(D)  Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;522
and523
(E)  Report of the commission of a prohibited act made pursuant to Code Section524
20-2-1184.525
(e)  Each time a transferring student's education records, including, but not limited to526
critical records, are transferred to a receiving school, such student's parent or legal527
custodian shall be notified in writing by the receiving school of the transfer of such records528
and shall, upon written request made within five days of the date of such notice, be entitled529
to receive a copy of such records from the receiving school.  Within five days of the receipt530
of a copy of such records, such student's parent or legal custodian may make a written531
request for and shall be entitled to a meeting with the principal of the sending school or of532
the receiving school or his or her designee for the purpose of correcting the content of such533
records as provided in Code Section 20-2-667.  The parties may mutually agree for such534
meeting to occur at a date and time outside of such five-day period.535
(f)(1)  Except as provided in paragraph (2) of this subsection, each sending school in this536
state shall immediately release a student's complete education record to any parent, legal537
custodian, receiving school, or another person or entity legally authorized to receive such538
records upon request by such requestor and under no circumstances later than 5:00 P.M.539
on the third business day following the date of such request.540
(2)  In the event that any portion of such student's education record is not maintained in541
electronic format, the sending school shall transfer all of the student's education records542
- 21 - LC 49 2328S
available in electronic format in compliance with paragraph (1) of this subsection and543
shall, no later than 5:00 P.M. on the third business day following the date of such request,544
notify the requestor when copies of the remainder of such student's education records will545
be ready for retrieval.546
(g)(1)  In the event that:547
(A)  A sending school contends that releasing, in whole or in part, a student's education548
records as required by this Code section would be unlawful or unduly burdensome; or549
(B)  A requestor contends that a student's education records, in whole or in part, have550
been unlawfully or unduly withheld from release by a sending school,551
the requestor shall promptly provide a written notice of dispute to the RESA student552
affairs officer of the RESA in which the sending school is located.553
(2)(A)  Upon receipt of a notice as provided in paragraph (1) of this subsection, the554
RESA student affairs officer shall be authorized to work in coordination with any555
sending school, any receiving school, any other requestor, and the parent or legal556
custodian of the student whose education records are the subject of such notice to557
resolve any dispute by providing technical assistance and guidance as to the respective558
rights and responsibilities of each of the parties to the dispute.559
(B)  To the extent that such efforts to resolve the dispute are not successful, the RESA560
student affairs officer shall provide a written notice of noncompliance to any party to561
such dispute which the RESA student affairs officer reasonably contends is562
noncompliant with the requirements of this Code section report. Such written notice563
of noncompliance shall include a recommended corrective action to resolve564
noncompliance.  The RESA student affairs officer shall report such noncompliance to565
the director of the RESA.566
(C)  Upon being notified of a noncompliance as provided for in subparagraph (B) of567
this paragraph, the RESA director shall be authorized to attempt to resolve the dispute568
- 22 - LC 49 2328S
and to report noncompliance to the Office of the Attorney General and the Department569
of Education's chief privacy officer.570
(4)  For the limited purposes provided for in this subsection, RESA student affairs571
officers and RESA executive directors shall be authorized to review the education records572
that are the subject of a notice of dispute provided for in this subsection.573
(5)  In the event that it becomes evident to a RESA student affairs officer or a RESA574
director that neither a sending school nor a receiving school involved in a dispute is a575
local education agency or a public elementary or secondary school, the RESA student576
affairs officer and the RESA director shall take no further action regarding the dispute577
other than to notify the parties to the dispute that the regional educational service agency578
is not authorized to take further action on the matter and to refer the parties to the579
Department of Education's chief privacy officer.580
(h)  Whenever a receiving school does not timely receive complete information relative to581
a transferring student from a sending school as required in subsection (f) of this Code582
section, such receiving school shall be authorized to condition such transferring student's583
continued provisional enrollment upon completion of the case management consultation584
provided for in subsection (i) of this Code section.585
(i)  Each case management consultation shall be conducted by a school social worker,586
school counselor, or a designated school administrator of the receiving school and shall587
involve the transferring student and such student's parent or legal custodian.  The purposes588
of the case management consultation shall include, but shall not be limited to:589
(1)  Determining whether any services are necessary for such student, including, but not590
limited to, referrals for special education or behavioral health services; and591
(2)  Facilitating the continuation of services such student was receiving at his or her592
previous school or schools, if any, including services recommended by any behavioral593
threat management team.594
- 23 - LC 49 2328S
(j)  The State Board of Education shall adopt policies and procedures for implementing the595
provisions of this Code section.596
(k)  The Department of Education shall collaborate with the Department of Behavioral597
Health and Developmental Disabilities and provide technical assistance to schools and598
local school systems to support implementation of the provisions of this Code section.599
(l)  In lieu of his or her parent, a transferring student who is not in the custody of the600
Department of Juvenile Justice or the Division of Family and Children Services of the601
Department of Human Services and who is 18 years of age or older or who has been602
emancipated by operation of law or by court order pursuant to Code Section 15-11-727 or603
as otherwise provided by law shall be authorized to comply on his or her own behalf with604
the requirements of this Code section otherwise applicable to such student's parent or legal605
custodian."606
SECTION 9.607
Said chapter is further amended by revising Code Section 20-2-671, relating to transfer608
students who have committed felony acts and disclosure of act, as follows:609
"20-2-671.610
(a) If any school administrator determines from the information obtained pursuant to Code611
Section 15-11-602 or 20-2-670 or from any other source that a student has:612
(1)  Has committed a class A designated felony act or class B designated felony act, as613
defined in Code Section 15-11-2,;614
(2)  Is the subject of a notice of chronic disciplinary problem made pursuant to Code615
Section 20-2-765;616
(3)  Has a current disciplinary and behavioral correction plan pursuant to Code Section617
20-2-766; or618
(4)  Is the subject of a report of the commission of a prohibited act made pursuant to Code619
Section 20-2-1184,620
- 24 - LC 49 2328S
such administrator shall so inform all teachers to whom the student is assigned that they621
may review the information in the student's file provided pursuant to subsection (b) of622
Code Section 20-2-670 received from other schools or from the juvenile courts.623
(b) Such information shall be kept confidential."624
SECTION 10.625
Said chapter is further amended by revising Code Section 20-2-700, relating to reports by626
peace officers to school authorities and parent or guardian, as follows:627
"20-2-700.628
(a)  As used in this Code section, the term:629
(1)  'Incidental to' means occurring in the course of or directly associated with standards630
or customary operations of a law enforcement officer's employer.631
(2)  'Law enforcement officer' means any duly constituted agent or officer of the State of632
Georgia or of any county, municipality, political subdivision, or local school system633
thereof who, as a full-time or part-time employee, is vested either expressly by law or by634
virtue of public employment or service with authority to enforce the criminal or traffic635
laws of this state with the power of arrest and whose duties include the preservation of636
public order, the protection of life and property, or the prevention, detection, or637
investigation of crime.  Such term shall include, but shall not be limited to, sheriffs and638
deputy sheriffs; any member of the Georgia State Patrol or Georgia Bureau of639
Investigation; campus policemen and school security personnel provided for in Chapter 8640
of this title; any person employed by the Department of Natural Resources as a law641
enforcement officer; any arson investigator of the state fire marshal's office; employees642
designated by the commissioner of community supervision who have the duty to643
supervise children adjudicated for a Class A designated felony act or Class B designated644
felony act after release from restrictive custody, as such terms are defined in Code645
Section 15-11-2; and employees designated by the commissioner of juvenile justice646
- 25 - LC 49 2328S
pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who have the duty647
to investigate and apprehend delinquent children, or the supervision of delinquent648
children under intensive supervision in the community, and any child with a pending649
juvenile court case alleging the child to be a child in need of services who has escaped650
from a facility under the jurisdiction of the Department of Juvenile Justice or who has651
broken the conditions of supervision.652
(3)  'Official encounter' means an interaction of a law enforcement officer with a school653
age youth in such law enforcement officer's official capacity for the purpose of enforcing654
the criminal laws of this state or preventing, detecting, or investigating a crime, provided655
that such interaction is directly related to a credible report or other credible information656
that such school age youth has threatened the death of, or serious injury to, one or more657
individuals who are or will likely be at or within a school.658
(4)  'School age youth' means an individual who is between his or her sixth and sixteenth659
birthdays or who a law enforcement officer knows or reasonably believes is enrolled in660
a public or private elementary or secondary school in this state.  Such term shall not661
include an individual who has successfully completed all the requirements for a high662
school diploma or a state approved high school equivalency (HSE) diploma.663
(5)  'School official' means a local school superintendent or his or her designee or a664
school principal or other school administrator.665
(b) Any person taking action with respect to a child pursuant to Code Section 20-2-699666
shall report the matter and the disposition made by him of the child to the school authorities667
of the county, independent or area school system such action to a school official of the668
public or private school in which such child is currently enrolled or would be enrolled by669
virtue of his or her primary residence, and to the child's parent or guardian.670
(c)(1)  Except as provided in paragraph (2) of this subsection, within five days of an671
official encounter with a school age youth in this state, the employer of each law672
enforcement officer present for such official encounter shall provide a written report of673
- 26 - LC 49 2328S
such official encounter to a school official of the public or private school in which such674
school age youth is currently enrolled or would be enrolled by virtue of his or her primary675
residence and to his or her parent or guardian.676
(2)  A written report of an official encounter provided for in paragraph (1) of this677
subsection shall not be required:678
(A)  When the interaction between the law enforcement officer and the school age679
youth is not incidental to the conduct of a law enforcement officer acting in his or her680
official capacity to enforce the criminal laws of this state or to prevent, detect, or681
investigate a crime; or682
(B)  With respect to a school age youth whose presence during or participation in such683
official encounter is due exclusively to such school age youth being a witness or684
potential witness in a criminal investigation; provided, however, that the exception685
provided for in this subparagraph shall not apply if he or she is also a subject of such686
criminal investigation or is a suspect or person of interest in such criminal investigation.687
(d)  This Code section shall not apply to school age youth in the physical custody of the688
Department of Juvenile Justice within a secure facility; provided, however, that this689
subsection shall not apply to school age youth who are in the physical or legal custody of690
the Department of Juvenile Justice in a nonsecure residential placement or other nonsecure691
intensive supervision program."692
SECTION 11.693
Said chapter is further amended by revising Code Section 20-2-720, relating to inspection694
of students' records by parents, as follows:695
"20-2-720.696
(a)  As used in this Code section, the term:697
(1) 'Education record' shall have the same meaning as provided for in Code698
Section 20-2-662.699
- 27 - LC 49 2328S
(2) 'Legal custodian' means an entity or individual other than a parent with legal700
authority to act on behalf of a student.  Such term shall include the Department of701
Juvenile Justice and the Division of Family and Children Services of the Department of702
Human Services.703
(3)  'Local board of education' means the governing body of each local education agency704
as such terms are defined in Code Section 20-2-167.1.  Such term shall include the school705
system of the Department of Juvenile Justice.706
(4)  'Parent' means an individual other than a legal custodian who has legal authority to707
act on behalf of a student as a natural or adoptive parent or a legal guardian.708
(b)  No local board of education No local school system, whether county, independent, or709
area, shall have a policy of denying, or which effectively prevents, the parents or legal710
custodians of students who are in attendance at or who have been enrolled in any facility711
within such system the right to inspect and review the education records of their child as712
provided in Code Section 20-2-667.713
(c) A parent or legal custodian shall be entitled to inspect and review only information714
relating to his or her own child or ward and if any material or document in a child's or715
ward's record includes information on another student, such information regarding any716
other student shall not be made available for inspection or review except to the parents or717
legal custodian of that student.718
(d) Both parents of a child shall be entitled to inspect and review the education records of719
their child or to be provided information concerning their child's progress.  Information720
concerning a child's education record shall not be withheld from the noncustodial parent721
unless a court order has specifically removed the right of the noncustodial parent to such722
information or unless parental rights have been terminated.  For purposes of this Code723
section, 'education records' shall include attendance reports and records."724
- 28 - LC 49 2328S
SECTION 12.725
Said chapter is further amended by revising Code Section 20-2-741, relating to positive726
behavioral interventions and supports and response to intervention, as follows:727
"20-2-741.728
(a)  As used in this Code section, the term:729
(1)  'High needs school' means a public school which has received a school climate rating730
of '1-star' or '2-star' pursuant to Code Section 20-14-33.731
(2)  'Positive behavioral interventions and supports' or 'PBIS' means an evidence based732
data-driven framework to reduce disciplinary incidents, increase a school's sense of733
safety, and support improved academic outcomes through a multitiered multi-tiered734
approach, using disciplinary data and principles of behavior analysis to develop735
school-wide, targeted, and individualized interventions and supports.736
(3)  'Response to intervention' or 'RTI' means a framework of identifying and addressing737
the academic and behavioral needs of students through a tiered system.738
(b)(1) Local boards of education are encouraged to implement PBIS and RTI programs739
and initiatives in their schools, and particularly in high needs schools.740
(2)  Local boards of education shall implement PBIS and RTI programs and initiatives741
in each elementary and middle school that is a high needs school.  Such implementation742
shall include, but shall not be limited to:743
(A)  PBIS Tier 1 supports for 100 percent of students and school personnel;744
(B)  Specific PBIS Tier 2 supports and interventions for students who are at risk for745
developing more serious unwanted behaviors, such as small group resilience and746
behavioral health skills lessons approved by the Department of Behavioral Health and747
Developmental Disabilities; and748
(C)  Each school year, no less than 95 percent of school personnel receive two hours749
of student behavioral health awareness training approved by the Department of750
Behavioral Health and Developmental Disabilities.751
- 29 - LC 49 2328S
(c)  The State Board of Education is authorized, subject to appropriations by the General752
Assembly, to provide funds to local school systems to support PBIS and RTI programs,753
initiatives, and personnel.754
(d)  The State Board of Education is authorized to establish rules and regulations for PBIS755
and RTI programs and initiatives which receive funding pursuant to this Code section."756
SECTION 13.757
Said chapter is further amended by revising Code Section 20-2-757, relating to applicability758
of public inspection and open meeting laws, as follows:759
"20-2-757.760
(a)  All proceedings and hearings conducted under this subpart shall be confidential and761
shall not be subject to the open meetings requirement of Code Section 50-14-1 or other762
open meetings laws.763
(b)  All electronic or other written records of all hearings conducted under this subpart; all764
statements of charges; all notices of hearings; and all written decisions rendered by a765
hearing officer, tribunal, the local board of education, or the State Board of Education shall766
not be subject to public inspection or other disclosure under Article 4 of Chapter 18 of Title767
50 or other public disclosure laws; provided, however, the board of education that the state768
board shall prepare a written summary of any proceeding conducted under this subpart,769
which summary shall include a description of the incident and the disposition thereof but770
shall not contain the names of any party to the incident.  The summary shall be a public771
record.772
(c)  Nothing in this Code section shall be construed to prohibit, restrict, or limit in any773
manner the disclosure of a student's education records to a receiving school as required by774
Code Section 20-2-670."775
- 30 - LC 49 2328S
SECTION 14.776
Said chapter is further amended by revising Code Section 20-2-766.1, relating to proceeding777
against parents for failure to cooperate in educational programs and penalty, as follows:778
"20-2-766.1.779
(a)  A The local board of education may, by petition to the juvenile court, proceed against780
a parent or guardian as provided in this Code section.781
(b) If the court finds that the parent or guardian has willfully and unreasonably failed to782
attend a conference requested by a principal pursuant to Code Section 20-2-765 or783
20-2-766, the court may order the parent or guardian to attend such a conference, order the784
parent or guardian to participate in such programs or such treatment as the court deems785
appropriate to improve the student's behavior, or both.786
(c)  If the court finds that the parent or guardian has willfully and unreasonably failed to787
authorize the release of student education records to a receiving school as required pursuant788
to Code Section 20-2-670, the court may order the parent or guardian to authorize the789
release of such records.790
(d) After notice and opportunity for hearing, the court may impose a fine, not to exceed791
$500.00, on a parent or guardian who willfully disobeys an order of the court entered under792
this Code section.  The court may use its contempt and other powers specified in Code793
Section 15-11-31 to enforce any order entered under this Code section."794
SECTION 15.795
Said chapter is further amended by revising Code Section 20-2-779.1, relating to suicide796
prevention and awareness training and no duty of care imposed, as follows:797
"20-2-779.1.798
(a)  As used in this Code section, the term 'evidence based' means a program or practice799
that:800
(1)  Demonstrates a statistically significant effect on relevant outcomes based on:801
- 31 - LC 49 2328S
(A) Strong evidence from at least one well-designed and well-implemented802
experimental study;803
(B) Moderate evidence from at least one well-designed and well-implemented804
quasi-experimental study; or805
(C) Promising evidence from at least one well-designed and well-implemented806
correlational study with statistical controls for selection bias; or807
(2) Demonstrates a rationale based on high-quality research findings or positive808
evaluation that such program or practice is likely to improve relevant outcomes, and809
includes ongoing efforts to examine the effects of such program or practice.810
(a)(1)(b)  The State Board The Department of Education shall adopt rules to require that:811
(1)  All all certificated public school personnel receive annual training in youth violence812
and suicide awareness and prevention.  This Such training shall be provided within the813
framework of existing in-service training programs offered or facilitated by the814
Department of Education, the Department of Behavioral Health and Developmental815
Disabilities, or as part of required professional development offered by a local school816
system or public school; and817
(2)(A)  Beginning in the 2026-2027 school year, and continuing each school year818
thereafter, all public schools serving students in any one of grades six through 12 which819
receive funds in any manner from the state shall provide to students:820
(i)  At least one hour of evidence based suicide awareness and prevention training821
each school year; and822
(ii)  At least one hour of evidence based youth violence prevention training each823
school year.824
(B) Such training may be delivered in person, remotely, or digitally and may be825
included as part of the health and physical education course of study provided for in826
subsection (c) of Code Section 20-2-142.827
- 32 - LC 49 2328S
(2)(c)(1)  By January 1, 2026, the The Department of Education shall, in consultation828
with the Department of Behavioral Health and Developmental Disabilities, the Suicide829
Prevention Program established pursuant to Code Section 37-1-27, student violence and830
suicide prevention experts, other youth mental health experts, and elementary and831
secondary school counselors, social workers, and teachers, develop a list of approved832
evidence based training programs and materials to fulfill the requirements of this833
subsection Code section which may include training programs and materials currently834
being used by a local school system or public school if such training programs and835
materials meet any the criteria established by the department.836
(3)(2) Approved training programs and materials shall:837
(A)  Shall include training information on how to identify appropriate mental health838
interventions and services, both within the school and also within the larger community,839
and when and how to refer facilitate such interventions and services for youth and their840
families to those services; and841
(4)(B)  May Approved materials may include programs and materials that can be842
completed through self-review of suitable student violence and suicide awareness and843
prevention materials approved by the department upon the recommendation of the844
Department of Behavioral Health and Developmental Disabilities.845
(3)  Approved training programs and materials for students shall, at a minimum, teach846
students:847
(A)  How to recognize the observable signs and signals of depression, suicide, and848
self-injury in themselves and their peers;849
(B)  How to recognize the observable warning signs and signals of persons who may850
be at risk of harming themselves or others;851
(C) The importance of seeking help for themselves and their peers and the process for852
seeking help; and853
- 33 - LC 49 2328S
(D) The steps that can be taken to report dangerous, violent, threatening, harmful, or854
potentially harmful behavior.855
(4)  The Department of Education shall make the list of approved training programs and856
materials, including no-cost programming, if any, publicly available on its website and857
shall keep it timely updated by reviewing such list, at a minimum, every 36 months.858
(5)(A)(d)(1) Each local school system board of education or public school governing859
body shall:860
(A)  Adopt policies, rules, and regulations adopt a policy on student suicide awareness861
and prevention.  Such policies, rules, and regulations shall be developed in consultation862
with school and community stakeholders, school employed mental health professionals,863
and suicide prevention experts, and shall, at a minimum, address procedures relating864
to suicide prevention, intervention, and postvention;865
(B) Adopt policies, rules, and regulations for providing relevant and current866
information to students and their families and to school personnel regarding publicly867
available resources for the anonymous reporting of a dangerous, violent, threatening,868
harmful, or potentially harmful activity which occurs on, or is threatened to occur on,869
school property or which relates to a student or school personnel; and870
(C) Implement an evidence based youth violence prevention training program to871
instruct students how to recognize the observable warning signs and signals of someone872
who may be at risk of harming himself, herself, or others; the importance of taking873
threats seriously and seeking help; and how to report someone who is at risk, including874
by using the state-wide anonymous reporting program.875
(B)(2) To assist public schools and local school systems in developing their own policies876
for student violence and suicide awareness and prevention, the Department of Education,877
in consultation with the Suicide Prevention Program within the Department of Behavioral878
Health and Developmental Disabilities, shall establish a model policy for use by public879
schools and local school systems in accordance with this Code section.880
- 34 - LC 49 2328S
(e)  Each local board of education or public school governing body shall require each881
public school that sponsors or otherwise permits student organizations or clubs to designate882
a student-led youth violence prevention club to sustain awareness activities related to883
suicide prevention and violence prevention. Such student violence prevention club,884
including existing clubs, shall:885
(1)  Be open to all members of the student body;886
(2)  Engage in awareness activities related to youth suicide prevention, youth violence887
prevention, and social inclusion;888
(3)  Foster opportunities for student leadership development; and889
(4)  Have at least one administrator, teacher, or other school personnel serve as a faculty890
advisor.891
(f)(1)  By July 1, 2025, each local board of education or public school governing body892
shall develop and operate, or contract with a provider to develop and operate, and make893
available an anonymous reporting program.894
(2)  Such anonymous reporting program shall, at a minimum:895
(A) Be accessible by any person to report anonymously a dangerous, violent,896
threatening, harmful, or potentially harmful activity which occurs on, or is threatened897
to occur on, school property or which relates to a student or school personnel;898
(B)  Provide support 24 hours per day, seven days per week for anonymous reporting899
through, at a minimum, a mobile telephone application and a multilingual crisis center,900
which shall be staffed by individuals with evidence based counseling and crisis901
intervention training;902
(C)  Promptly forward reported information to the appropriate school based team;903
(D)  Support a coordinated response to an identified crisis by schools, local emergency904
9-1-1 public safety answering points, and local law enforcement agencies when905
response by schools and law enforcement is to be reasonably expected;906
- 35 - LC 49 2328S
(E)  Require and certify the training of school based teams in each school to receive907
notice of any report submitted to the state-wide anonymous reporting program908
concerning the school, a student, or school personnel;909
(F)  Require and certify the training of local emergency 9-1-1 public safety answering910
point personnel to receive notice of any report submitted to the state-wide anonymous911
reporting program that requires response from a local law enforcement agency;912
(G)  Promote public awareness and education about the state-wide anonymous reporting913
program and its reporting methods, prior to its launch; and914
(H)  Comply with all federal and state laws.915
(3)  The provisions of this subsection shall not apply to any local school system or public916
school that, as of January 1, 2025, has an operating anonymous reporting program that917
substantially complies with the requirements of paragraph (2) of this subsection.918
(4)  This subsection shall not be construed to interfere with or impede any existing919
contract any local school system or public school has with a provider to operate an920
anonymous reporting program; provided, however, that, to the extent that the terms of921
such contract do not require such provider to operate an anonymous reporting program922
in substantial compliance with the requirements of paragraph (2) of this subsection, such923
contract terms shall not be renewed beyond such contract's current expiration or924
termination date.925
(g)  Each local school system and public school shall update its school safety plan required926
by Code Section 20-2-1185 by including a behavioral threat assessment management plan927
as provided for in Code Section 20-2-1185.1.928
(b)(h) No person shall have a cause of action for any loss or damage caused by any act or929
omission resulting from the implementation of the provisions of this Code section or930
resulting from any training, or lack thereof, required by this Code section.931
(c)(i) The training, or lack thereof, required by the provisions of this Code section shall not932
be construed to impose any specific duty of care."933
- 36 - LC 49 2328S
SECTION 16.934
Said chapter is further amended by revising Code Section 20-2-785, relating to referral and935
assessment to determine whether withdrawal was to limit education, as follows:936
"20-2-785.937
(a) In the event that a child student does not for a period of 30 consecutive days attend the938
public school in which he or she is enrolled or provisionally enrolled and:939
(1) The parent or guardian of such student does not notify the school of such student's940
withdrawal from such school;941
(2)  The parent or guardian of such student does not notify the school of such student's942
enrollment or intent to enroll in a home study program or another school;943
(3) Such student is withdrawn from a public such school without a declaration filed944
pursuant to subsection (c) of Code Section 20-2-690; or945
(4) Such student is 16 years of age or older and stops attending such school without946
completing the conference required under subsection (e) of Code Section 20-2-690.1 and947
that child stops attending a public school for a period of 45 days, 948
the school shall refer the matter to the Division of Family and Children Services of the949
Department of Human Services and the RESA student affairs officer of the regional950
educational service agency in which such student resides, as provided for in subsection (b)951
of this Code section.952
(b)  For each student who meets the requirements of subsection (a) of this Code section,953
such student's school shall:954
(1)  Refer the matter to the Division of Family and Children Services to conduct an955
assessment.  The purpose of such referral and assessment shall be limited to for the956
purpose of determining whether such withdrawal was to avoid educating the child.957
Presentation such student; provided, however, that completion of such conference or958
presentation of a copy of such filed declaration shall satisfy the assessment requirements959
- 37 - LC 49 2328S
of this paragraph, and the Division shall immediately terminate the such assessment960
under this Code section.; and961
(2)  Refer the matter to the RESA student affairs officer of the regional educational962
service agency in which such student resides for the purpose of determining whether such963
student has enrolled in a home study program or another school and, if such student has964
enrolled in another school, to determine whether the receiving school as defined in Code965
Section 2-20-670 has received such student's education records from the student's966
previous schools; provided, however, that, upon receiving notice that such student has967
enrolled or intends to enroll in a home study program or another school, the referring968
school shall immediately notify the RESA student affairs officer of the regional969
educational service agency in which such student resides of such intent or enrollment and970
if such student has enrolled or intends to enroll in another school, confirm the date by971
which such student's education records as defined in Code Section 2-20-670 will be972
released to the receiving school.973
(c)  Nothing in the Code section shall be construed to prohibit or limit a public school from974
making reasonable efforts at any time to determine the whereabouts of a student who is975
withdrawn from such school without a declaration filed pursuant to subsection (c) of Code976
Section 20-2-690 or who stops attending such school without providing notice of977
enrollment or intent to enroll in a home study program or another school or, when such978
student is 16 years of age or older, without completing the conference required under979
subsection (e) of Code Section 20-2-690.1.  Such efforts may include, but shall not be980
limited to:981
(1)  Contacting the student's parent, guardian, or other legal custodian to inquire of the982
student's whereabouts and whether such student intends to withdraw from the school or983
has enrolled or intends to enroll in a home study program or another school;984
- 38 - LC 49 2328S
(2)  Directing school personnel, including, but not limited to, school social workers and985
school security personnel, to conduct a wellness visit at the student's last known986
residence; and987
(3)  As appropriate, referring the matter to the county or municipal law enforcement988
agency having territorial jurisdiction.989
(d)  Each public school in which a student is enrolled or provisionally enrolled shall990
compile such student's complete education records and make such records available for991
immediate release to any person or entity authorized by law to receive such records:992
(1)  For each student who meets the requirements of subsection (a) of this Code section;993
and 994
(2)  Each time the school receives sufficient notice that such student is withdrawing from995
the school or is enrolling or intends to enroll in a home study program or another school."996
SECTION 17.997
Said chapter is further amended in Code Section 20-2-786, relating to the "Parents' Bill of998
Rights," by revising subsection (f) as follows:999
"(f)  Each governing body shall, in consultation with parents, teachers, and administrators,1000
develop and adopt a policy or regulation to promote parental involvement in the public1001
schools.  Such policy or regulation shall be updated each year by June 1 and posted on each1002
governing body's public website, and a copy of such policy or regulation shall be available1003
for review on site upon request by a parent.  Such policy or regulation shall include:1004
(1)  Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670 for1005
a parent to review records relating to his or her minor child and to request the transfer of1006
such records to another school or a person or entity authorized to receive such records;1007
(2)(A)  Procedures for a parent to learn about his or her minor child's courses of study,1008
including, but not limited to, parental access to instructional materials intended for use1009
in the classroom.  Instructional materials intended for use in his or her minor child's1010
- 39 - LC 49 2328S
classroom shall be made available for parental review during the review period.  If such1011
instructional materials are not made available by a school or local school system for1012
review online, then they shall be made available for review on site upon a parent's1013
request made during the review period.1014
(B)  Procedures for a parent to object to instructional materials intended for use in his1015
or her minor child's classroom or recommended by his or her minor child's teacher;1016
(3)  Procedures for a parent to withdraw his or her minor child from the school's1017
prescribed course of study in sex education if the parent provides a written objection to1018
his or her minor child's participation.  Such procedures must shall provide for a parent to1019
be notified in advance of such course content so that he or she may withdraw his or her1020
minor child from the course; and1021
(4)  Procedures for a parent to provide written notice that photographs or video or voice1022
recordings of his or her child are not permitted, subject to applicable public safety and1023
security exceptions; and1024
(5)  Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670 for1025
the timely production of a student's education records by such student's current or1026
previous school to another school in which such student has enrolled, intends to enroll,1027
or is considering enrollment."1028
SECTION 18.1029
Said chapter is further amended in Article 27, relating to loitering at or disrupting schools,1030
by revising subsection (a) and paragraph (2) of subsection (b) of Code Section 20-2-1181,1031
relating to disrupting operation of public school, school bus, or school bus stop, penalty, and1032
progressive discipline, as follows:1033
"(a)  It shall be unlawful for any person to knowingly, intentionally, or recklessly disrupt1034
or interfere with the operation of any public school, public school bus, or public school bus1035
stop as designated by local boards of education.  For purposes of this Code section, an1036
- 40 - LC 49 2328S
individual who knowingly, intentionally, or recklessly threatened, whether verbally, in1037
writing, or otherwise, the death of or serious injury to a group of individuals who are, or1038
will likely be, at or within a public school, public school bus, or public school bus stop,1039
shall be considered to have disrupted or interfered with the operation of such public school,1040
public school bus, or public school bus stop. Except as provided in subsection (b) of this1041
Code section, a person convicted of violating this Code section shall be guilty of a1042
misdemeanor of a high and aggravated nature."1043
"(2)  A local board of education shall develop a system of progressive discipline that may1044
be imposed on a child accused of violating this Code section before initiating a1045
complaint.  Such system of progressive discipline shall include a requirement that when1046
there is a credible accusation that an individual threatened, whether verbally, in writing,1047
or otherwise, the death of or serious injury to a group of individuals, pursuant to1048
subsection (a) of this Code section, who are, or will likely be, at or within a public school1049
that such individual attends, or has attended, the school shall be authorized to temporarily1050
assign such individual to remote learning and provide counseling to such individual and1051
shall initiate an investigation into such violation.  Upon completion of such investigation1052
which results in substantive findings related to such violation, the school may elect to1053
reinstate the individual or impose relevant discipline."1054
SECTION 19.1055
Said chapter is further amended in said article by revising Code Section 20-2-1183, relating1056
to written agreement for law enforcement officers in schools, as follows:1057
"20-2-1183.1058
(a) When a local school system assigns or employs law enforcement officers in schools,1059
the local board of education shall have a collaborative written agreement with law1060
enforcement officials to establish the role of law enforcement and school employees in1061
- 41 - LC 49 2328S
school disciplinary matters and ensure coordination and cooperation among officials,1062
agencies, and programs involved in school discipline and public protection.1063
(b)  By October 1, 2025, the collaborative written agreement required by this Code section1064
shall include specific terms and conditions for the handling and disclosure of student1065
education records, student data, and student personally identifiable data, as such terms are1066
defined in Code Section 20-2-662.  Such terms and conditions shall include, but shall not1067
be limited to:1068
(1)  Under what circumstances information regarding a student may or shall be disclosed1069
to a law enforcement officer, a law enforcement agency, a judge or court personnel, or1070
another state or local agency or officer with a legal interest in such information;1071
(2)  Whether any law enforcement officer who is subject to such agreement is or may act1072
as a school official with access to student education records and the personally1073
identifiable information contained therein; and1074
(3)  Whether the law enforcement officers who are subject to such agreement constitute1075
a law enforcement unit, as such term is defined in the federal Family Education Rights1076
and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section 1232g;1077
and 34 C.F.R. Part 99.3; and, if so:1078
(A)  What records shall be handled as law enforcement unit records and are not1079
protected by FERPA; and1080
(B)  What records shall be handled as education records and are protected by FERPA.1081
(c)  By August 1, 2025, the Department of Education shall publish on its public website1082
model language for the terms and conditions required by this Code section to be available1083
for use by schools and law enforcement officers.  Such model language shall be reviewed1084
and updated from time to time as necessary to comport with the content of the guidance1085
document promulgated by the Department of Education chief privacy officer as provided1086
for in Code Section 20-2-663."1087
- 42 - LC 49 2328S
SECTION 20.1088
Said chapter is further amended in said article by revising subsections (a) and (c) of Code1089
Section 20-2-1185, relating to school safety plans and drills, as follows: 1090
"(a)  Every public school shall prepare a school safety plan to help curb the growing1091
incidence of violence in schools, to respond effectively to such incidents, to address the1092
behavioral health needs of students, and to provide a safe learning environment for1093
Georgia's children, teachers, and other school personnel.  Such plan shall also address1094
preparedness for natural disasters, hazardous materials or radiological accidents, acts of1095
violence, and acts of terrorism.  School safety plans of public schools shall be prepared1096
with input from students enrolled in that school, parents or legal guardians of such students,1097
teachers in that school, community leaders, other school employees and school district1098
employees, and local law enforcement, juvenile court, fire service, public safety, and1099
emergency management agencies.  As part of such plans, public schools shall provide for1100
the coordination with local law enforcement agencies and the local juvenile court system.1101
School safety plans shall include, at a minimum, the following strategy areas:1102
(1)  Training school administrators, teachers, and support staff, including, but not limited1103
to, school resource officers, security officers, secretaries, custodians, and bus drivers, on1104
school violence prevention, school security, school threat assessment, mental health1105
awareness, and school emergency planning best practices;1106
(2)  Evaluating and refining school security measures;1107
(3)  Updating and exercising school emergency preparedness plans;1108
(4)  Strengthening partnerships with public safety officials; and1109
(5)  Creating enhanced crisis communications plans and social media strategies;1110
(6)  Addressing behavioral health needs of students and staff utilizing guidance from the1111
Department of Behavioral Health and Developmental Disabilities; and1112
- 43 - LC 49 2328S
(7) Developing a behavioral threat assessment and management process and plan1113
utilizing guidance from the Georgia Emergency Management and Homeland Security1114
Agency.1115
School safety plans of private schools may be prepared with input from students enrolled1116
in that school, parents or legal guardians of such students, teachers in that school, other1117
school employees, and local law enforcement, fire service, public safety, and emergency1118
management agencies.  Such plans shall be reviewed and, if necessary, updated annually. 1119
Such plans of public schools shall be submitted to the local emergency management1120
agency, the local law enforcement agency, and the Georgia Emergency Management and1121
Homeland Security Agency, and the Department of Behavioral Health and Developmental1122
Disabilities, as provided for in Code Section 20-2-1185.1, for approval."1123
"(c)  School safety plans prepared by public schools shall address or include:1124
(1) Security security issues in school safety zones as defined in Code Section1125
16-11-127.1.  School safety plans should also address security;1126
(2)  Security issues involving the transportation of pupils students to and from school and1127
school functions when such transportation is furnished by the school or school system1128
and school functions held during noninstructional hours;1129
(3)  Specific plans to restrict ingress to or egress from all buildings and other facilities1130
located on the school property; and1131
(4)  Specific plans for whether and when each of the following will be locked or actively1132
supervised by school personnel, or both:1133
(A)  Exterior doors and other access points of all buildings and other facilities located1134
on the school property; and1135
(B)  Doors to all classrooms and other instructional spaces on the school property."1136
- 44 - LC 49 2328S
SECTION 21.1137
Said chapter is further amended in said article by adding a new Code section to read as1138
follows:1139
"20-2-1185.1.1140
(a)  No later than January 1, 2027, each public school safety plan required by Code Section1141
20-2-1185 shall include provisions that address the behavioral health needs of students and1142
a behavioral threat assessment management plan for providing a structured,1143
multidisciplinary process to identify, assess, and mitigate potential threats while supporting1144
the safety and well-being of students and school personnel.1145
(b)(1)  Such behavioral threat assessment management plans shall be submitted to the1146
Department of Behavioral Health and Developmental Disabilities for approval.1147
(2)  The Department of Behavioral Health and Developmental Disabilities shall provide1148
technical assistance to the Department of Education, regional educational service1149
agencies, and all local school systems and other public schools in this state, including1150
models of service to address the behavioral health needs of students.1151
(3) The Georgia Emergency Management and Homeland Security Agency shall1152
coordinate with the Department of Behavioral Health and Developmental Disabilities1153
with respect to providing training and technical assistance to the Department of1154
Education, regional education service agencies, and all local school systems and other1155
public schools in this state on the development and implementation of such behavioral1156
threat assessment management plans.1157
(4) The Georgia Emergency Management and Homeland Security Agency shall1158
coordinate with the Department of Behavioral Health and Developmental Disabilities,1159
with respect to providing the same or similar training and technical assistance to private1160
schools in this state."1161
- 45 - LC 49 2328S
SECTION 22.1162
Said chapter is further amended in said article by designating Code Sections 20-2-11801163
through 20-2-1185.1 as Part 1 and by adding a new part to read as follows:1164
"Part 21165
20-2-1186.1166
This part shall be known and may be cited as the 'Office of Safe Schools Act.'1167
20-2-1186.1.1168
As used in this part, the term:1169
(1) 'Agency' means the Georgia Emergency Management and Homeland Security1170
Agency.1171
(2)  'Individual of concern' means an individual whose behavior indicates a potential1172
threat to self or others.1173
(3)  'Office' or the 'Office of Safe Schools' means a central repository for best practices,1174
training standards, and compliance oversight in all matters regarding school safety and1175
security.1176
(4)  'S3 Database' or the 'School and Student Safety Database' means the state-wide1177
system for obtaining, developing, integrating, and disseminating data and information on1178
threats to the safety of schools, school staff, school events, and students provided for in1179
this part.1180
(5)  'S3 record' means information and assessment findings related to an individual of1181
concern in the S3 Database.1182
- 46 - LC 49 2328S
20-2-1186.2.1183
(a)  There is created the Office of Safe Schools.  The office shall serve as a central1184
repository for best practices, training standards, and compliance oversight in all matters1185
regarding school safety and security, including prevention efforts, intervention efforts, and1186
emergency preparedness planning.1187
(b)  The office shall operate within the agency.1188
(c)  Subject to subsection (d) of this Code section, the office shall:1189
(1)  Provide technical assistance to each public school in this state to establish policies1190
and procedures for the prevention of violence on school grounds, including the1191
assessment of and intervention with individuals whose behavior poses a threat to the1192
safety of the school community;1193
(2)  Establish and update, as necessary, a school security risk assessment tool for use by1194
public schools.  The office shall provide continuous training to appropriate public school1195
personnel on the proper assessment of physical site security and completion of a school1196
security risk assessment tool;1197
(3)  Provide ongoing professional learning opportunities to local school system personnel;1198
(4) Provide a coordinated and interdisciplinary approach to providing technical1199
assistance and guidance to local school systems on safety and security and1200
recommendations therefor;1201
(5)  Develop and implement a school safety director training program for school safety1202
directors.  The office shall develop the training program which shall be based on national1203
and state best practices on school safety and security and shall include active shooter1204
training.  The office shall develop training modules in traditional or online formats.  A1205
school safety director certificate of completion shall be awarded to a school safety1206
director who satisfactorily completes the training required by rules of the office.  The1207
office shall work with the Georgia Public Safety Training Center to ensure the school1208
safety director certificate aligns with the school resource officer program standards;1209
- 47 - LC 49 2328S
(6)  Review and provide recommendations on the security risk assessments;1210
(7)  Disseminate to participating schools awareness and education materials on the proper1211
use of the 'See Something, Send Something' digital reporting application, including the1212
consequences of knowingly submitting false information;1213
(8)  Develop a state-wide behavioral threat management operational process, a state-wide1214
behavioral threat assessment indicator, and the S3 Database; and1215
(9)  Develop, in collaboration with the State Board of Education and the Department of1216
Behavioral Health and Developmental Disabilities, and publish on its public website a1217
process for a student or his or her parent or guardian to request the closure of such1218
student's case from the S3 Database.1219
(d)  With respect to all student behavioral health components of the office's responsibilities1220
provided for in subsection (c) of this Code section, the office shall obtain approval from1221
the Department of Behavioral Health and Developmental Disabilities.1222
20-2-1186.3.1223
(a)  By July 1, 2026, the office shall coordinate with the Department of Behavioral Health1224
and Developmental Disabilities to develop a state-wide behavioral threat management1225
operational process to guide local school systems, schools, and local law enforcement1226
through the threat management process.  The process shall be designed to identify, assess,1227
manage, and monitor potential and real threats to schools.  This process shall include, but1228
shall not be limited to:1229
(1)  The establishment and duties of threat management teams;1230
(2)  Defining behavioral risks and threats;1231
(3)  Evaluating the behavior of students who may pose a threat to the school, school1232
personnel, or other students and to coordinate intervention and services for such students;1233
(4)  The use, authorized user criteria, and access specifications for information collected1234
by the behavioral threat management teams;1235
- 48 - LC 49 2328S
(5)  Procedures for the implementation of interventions, school support, and community1236
services;1237
(6)  Guidelines for appropriate law enforcement intervention;1238
(7)  Procedures for risk management;1239
(8)  Procedures for disciplinary actions;1240
(9)  Mechanisms for continued monitoring of potential and real threats;1241
(10)  Procedures for referrals to mental health services identified by the local school1242
system; and1243
(11)  Procedures and requirements necessary for the creation of a threat assessment1244
report, all corresponding documentation, and any other required information.1245
(b) Upon availability, each local school system and school shall use the state-wide1246
behavioral threat management operational process.1247
(c)  The office shall partner with the Department of Behavioral Health and Developmental1248
Disabilities with respect to training for all local school systems and schools on the1249
state-wide behavioral threat management operational process.1250
(d)  The office shall coordinate the ongoing development, implementation, and operation1251
of the state-wide behavioral threat management operational process.1252
(e)  The office shall receive input from interested parties regarding the development,1253
implementation, and operation of the state-wide behavioral threat management operational1254
process, including, but not limited to, the Department of Behavioral Health and1255
Developmental Disabilities; the Office of the Child Advocate for the Protection of1256
Children; other state and local behavioral health care providers, officials, and experts;1257
superior and juvenile courts and court officials; state and local school officials, counselors,1258
social workers, and teachers; and state and local law enforcement agencies and officials,1259
the Georgia Sheriffs' Association, and the Georgia Association of Chiefs of Police.1260
20-2-1186.4.1261
- 49 - LC 49 2328S
(a)  By July 1, 2026, the office shall coordinate with the Department of Behavioral Health1262
and Developmental Disabilities to develop a state-wide behavioral threat assessment1263
indicator to evaluate the behavior of students who may pose a threat to the school, school1264
personnel, or students and to coordinate intervention and services for such students.  The1265
state-wide behavioral threat assessment indicator shall include, but shall not be limited to:1266
(1)  An assessment of the threat, which includes an assessment of the student, family,1267
school, and social dynamics;1268
(2)  An evaluation to determine whether a threat exists and if so, the type of threat;1269
(3) The response to a threat, which includes the school response, the role of law1270
enforcement agencies in the response, and the response by mental health providers;1271
(4)  Ongoing monitoring to assess implementation of threat management and safety1272
strategies;1273
(5)  Ongoing monitoring to evaluate interventions and support provided to the student;1274
and1275
(6)  A standardized threat assessment report, which shall include, but shall not be limited1276
to, all documentation associated with the evaluation, intervention, management, and any1277
ongoing monitoring of the threat.1278
(b)  Upon availability, each local school system and school shall use the behavioral threat1279
assessment indicator.1280
(c)  The office shall provide training for members of local law enforcement and for all local1281
school systems regarding the use of the behavioral threat assessment indicator.1282
20-2-1186.5.1283
(a)  Not later than July 1, 2026, the agency shall procure a state-wide behavioral threat1284
assessment management system, known as the School and Student Safety Database or S31285
Database, that will collect and integrate data to evaluate the behavior of students who may1286
pose a threat to the school, school personnel, or students; to provide for timely and1287
- 50 - LC 49 2328S
methodical school based threat assessment and management; and to coordinate intervention1288
and services for such students.1289
(b)  The S3 Database shall include, but shall not be limited to, the following functionalities:1290
(1)  Workflow processes that align with the state-wide behavioral threat management1291
operational process;1292
(2)  Direct data entry and file uploading, as required by the behavioral threat assessment1293
indicator;1294
(3)  The ability to create a threat assessment report as required by the behavioral threat1295
assessment indicator;1296
(4)  The ability of authorized personnel to add to or update a threat assessment report, all1297
corresponding documentation, or any other information as required by the behavioral1298
threat assessment indicator;1299
(5)  The ability to create and remove connections between S3 records in the portal and1300
authorized personnel;1301
(6)  The ability to securely transfer S3 records in the portal to other public schools or1302
private or charter schools;1303
(7)  The ability to grant jurisdiction-appropriate access to the appointed school safety1304
directors, authorized members of the established threat management teams, and1305
authorized personnel as specified by the state-wide behavioral threat management1306
operational process;1307
(8)  The ability to receive tips and threat reports from federal agencies, state agencies, and1308
local law enforcement; and1309
(9)  The ability to generate reports of de-identified S3 records disaggregated by grade,1310
age, race, sex, ethnicity, disability status, language learning status, and direct certification1311
for income status or other reliable household income metric of the students who are the1312
subjects of such S3 records.1313
- 51 - LC 49 2328S
(c)  To ensure access to timely, complete, and accurate information, the S3 Database shall,1314
at a minimum, receive and share data from the following sources:1315
(1)  The Department of Administrative Services;1316
(2)  The Office of the Child Advocate for the Protection of Children;1317
(3)  The Department of Education;1318
(4)  The Department of Human Services;1319
(5)  The Division of Family and Children Services;1320
(6)  The Department of Juvenile Justice;1321
(7)  The Georgia Bureau of Investigation;1322
(8)  The Georgia Technology Authority;1323
(9) The mobile suspicious activity reporting tool known as 'See Something, Send1324
Something'; and1325
(10)  Local law enforcement agencies and their threat reporting systems.1326
(d)  A local school system may request copies of S3 records of individuals of concern in1327
that local school system for authorized local school system personnel.1328
(e)  The parent of a student may request a copy of his or her student's S3 record, but the1329
request shall not be considered if said parent's parental rights have been terminated or a1330
court of competent jurisdiction has restricted or denied such access.1331
(f)  To maintain the confidentiality requirements attached to the information provided to1332
the S3 Database by the various state and local agencies, each source agency providing data1333
to the S3 Database shall be the sole custodian of the data for the purpose of any request for1334
inspection or copies thereof under Code Section 50-18-72.1335
(g)  The S3 Database shall comply with the requirements and standards established by the1336
Federal Bureau of Investigation's Criminal Justice Information Services Security Policy.1337
(h)  The office shall develop and implement a quarterly S3 Database access review audit1338
process.1339
- 52 - LC 49 2328S
(i)  Upon availability, each local school system and school shall comply with the quarterly1340
S3 Database access review audit process developed by the office.1341
(j)  By August 1, 2026, and annually thereafter, the office shall provide role-based training1342
to all authorized local school system and school personnel.1343
(k)  Beginning December 1, 2026, the office shall publish on its public website and update1344
no less often than every three months a report of the de-identified and disaggregated1345
information provided for in paragraph (9) of subsection (b) of this Code section.1346
(l) Any individual who accesses, uses, or releases any S3 record for a purpose not1347
specifically authorized by law commits a noncriminal infraction, punishable by a fine not1348
to exceed $2,000.00.1349
20-2-1186.6.1350
The office shall provide technical assistance to ensure each local school system establishes1351
school safety best practices, which shall include:1352
(1)  Each local school system shall designate a school safety director for such local school1353
system.  The school safety director shall be a school administrator employed by such1354
local school system, a law enforcement officer employed by such local school system,1355
a law enforcement officer employed by the sheriff's office of the county where such local1356
school system is primarily located, or a law enforcement officer employed by the city1357
police department of the city where such local school system is primarily located.  Any1358
school safety director designated from a sheriff's office shall first be authorized and1359
approved by the sheriff employing such law enforcement officer. Any school safety1360
director designated from a sheriff's office remains the employee of the sheriff's office for1361
purposes of compensation, insurance, workers' compensation, and other benefits1362
authorized by law for a law enforcement officer employed by the sheriff's office.  The1363
sheriff and the local school superintendent shall determine by agreement the1364
reimbursement for such costs, or may share the costs, associated with employment of the1365
- 53 - LC 49 2328S
law enforcement officer as a school safety director.  The school safety director shall earn1366
a certificate of completion of the school safety director training provided by the office1367
within one year after appointment and is responsible for the supervision and oversight for1368
all school safety and security personnel, policies, and procedures in the local school1369
system;1370
(2)  The school safety director, or his or her qualified designee, shall:1371
(A)  Annually review local school system policies and procedures for compliance with1372
state law and rules.  At least quarterly, the school safety director shall report to the local1373
school superintendent and the local board of education any noncompliance by the local1374
school system with laws or rules regarding school safety;1375
(B)  Provide the necessary training and resources to students and local school system1376
staff in matters relating to youth mental health awareness and assistance; emergency1377
procedures, including active shooter training; and school safety and security;1378
(C)  Serve as the local school system liaison with local public safety agencies and1379
national, state, and community agencies and organizations in matters of school safety1380
and security;1381
(D)  In collaboration with the appropriate public safety agencies, by October 1 of each1382
year, conduct a school security risk assessment at each public school and private school1383
by request.  Based on the assessment findings, the local school system's school safety1384
director shall provide recommendations to the local school superintendent and the local1385
board of education which identify strategies and activities that the local board of1386
education should establish, and the local school superintendent should implement, in1387
order to address the findings and improve school safety and security.  Each local board1388
of education shall receive such findings and the school safety director's1389
recommendations at a publicly noticed local board of education meeting to provide the1390
public an opportunity to hear the local board of education members discuss and take1391
action on the findings and recommendations.  Each school safety director, through the1392
- 54 - LC 49 2328S
local school superintendent, shall report such findings and school board action to the1393
office within 30 days after the local board of education meeting;1394
(E)  Conduct annual unannounced inspections, using the form adopted by the office and1395
the local school system, of all public schools while school is in session and investigate1396
reports of noncompliance with school safety requirements to the local school1397
superintendent;1398
(F)  Report violations of school safety requirements by educators to the local school1399
superintendent, as applicable; and1400
(G)  By October 1 of each year, the school safety director shall hold a public meeting1401
with parents to inform them of school safety policies and to hear their input.  Such1402
meeting may include other school officials, law enforcement officers, and the local1403
mental health coordinator;1404
(3)  Each local school superintendent shall identify a mental health coordinator for the1405
local school system.  The mental health coordinator shall serve as the local school1406
system's primary point of contact regarding the local school system's coordination,1407
communication, and implementation of student mental health policies, procedures,1408
responsibilities, and reporting, including:1409
(A)  Coordinating with the office;1410
(B)  Maintaining records and reports regarding student mental health as it relates to1411
school safety;1412
(C)  Facilitating the implementation of local school system policies relating to the1413
respective duties and responsibilities of the local school system, the local school1414
superintendent, and local school system principals;1415
(D)  Coordinating with the school safety director on the staffing and training of threat1416
assessment teams and facilitating referrals to mental health services, as appropriate, for1417
students and their families;1418
- 55 - LC 49 2328S
(E)  Coordinating with the school safety director on the training and resources for1419
students and local school system staff relating to youth mental health awareness and1420
assistance; and1421
(F)  Reviewing annually the local school system's policies and procedures related to1422
student mental health for compliance with state law and alignment with current best1423
practices and making recommendations, as needed, for amending such policies and1424
procedures to the local school superintendent and the local board of education;1425
(4)  Each school safety director shall coordinate with the appropriate public safety1426
agencies that are designated as first responders to a school's campus to conduct an1427
inspection of such campus once every three years and provide recommendations related1428
to school safety.  The office may be utilized to help coordinate and participate in these1429
inspections.  The recommendations by the public safety agencies shall be considered as1430
part of the recommendations by the school safety director pursuant to paragraph (A) of1431
paragraph (2) of this subsection;1432
(5)  Each local board of education shall adopt, in coordination with local law enforcement1433
agencies and local governments, a family reunification plan to reunite students and1434
employees with their families in the event that a school is closed or unexpectedly1435
evacuated due to a natural or manmade disaster. Such reunification plan shall be1436
reviewed annually and updated, as applicable;1437
(6)(A) Except as otherwise provided in a school safety plan that meets the1438
requirements of Code Section 20-2-1185, by August 1, 2026, each local school system1439
shall comply with the following school safety requirements:1440
(i)  All exterior doors or other access points that restrict ingress to or egress from a1441
school campus shall remain closed and locked at all times.  An exterior door or other1442
campus access point may not be open or unlocked, regardless of whether it is during1443
normal school hours, unless attended or actively monitored by a school staff member1444
or the use is in accordance with a shared use agreement;1445
- 56 - LC 49 2328S
(ii)  All school classrooms and other instructional spaces shall be locked to prevent1446
ingress when occupied by students, except between class periods when students are1447
moving between classrooms or other instructional spaces.  If a classroom or other1448
instructional space door shall be left unlocked or open for any reason other than1449
between class periods when students are moving between classrooms or other1450
instructional spaces, the door shall be actively staffed by a person standing or seated1451
at the door;1452
(iii)  All campus access doors and other access points that allow ingress to or egress1453
from a school building shall remain closed and locked at all times to prevent ingress,1454
unless a person is actively entering or exiting the door or other access point.  All1455
campus access doors, gates, and other access points may be electronically or manually1456
controlled by school personnel to allow access by authorized visitors, students, and1457
school personnel; and1458
(iv) All school classrooms and other instructional spaces shall clearly and1459
conspicuously mark the safest areas in each classroom or other instructional space1460
where students may shelter in place during an emergency.  Students shall be notified1461
of these safe areas within the first ten days of the school year.  The office shall assist1462
the school safety director with compliance during inspections.1463
(B)  Persons who are aware of a violation of this paragraph shall report the violation to1464
the school principal.  The school principal shall report the violation to the school safety1465
director no later than the next business day after receiving such report.  If the person1466
who violated this paragraph is the school principal, the report shall be made directly to1467
the local school superintendent, as applicable; and1468
(7) Each local board of education shall adopt a progressive discipline policy for1469
addressing any educator as defined in Code Section 20-2-982.1 who knowingly violates1470
school safety requirements.1471
- 57 - LC 49 2328S
20-2-1186.7.1472
The office shall ensure that each local school system establishes a threat management team1473
at each school whose duties include the coordination of resources and assessment of and1474
intervention with students whose behavior may pose a threat to themselves or the safety of1475
the school, school staff, or other students.  Each school's threat management team shall1476
adhere to the following requirements:1477
(1)  Upon the availability of a state-wide behavioral threat management operational1478
process, all threat management teams shall use the operational process;1479
(2)  A threat management team shall be formed at the discretion of the local school1480
superintendent and local sheriff's office, and shall include persons with expertise in1481
counseling, mental health instruction, school administration, and law enforcement.  All1482
members of the threat management team shall be involved in the threat assessment and1483
threat management process and final decision making.  At least one member of the threat1484
management team shall have personal familiarity with the individual who is the subject1485
of the threat assessment, and if such individual has an Individualized Education Program1486
(IEP) plan or a Section 504 plan, at least one member of the threat management team1487
shall have personal familiarity with such plan.  If no member of the threat management1488
team has such familiarity, an educator, as defined in Code Section 20-2-982.1, who is1489
personally familiar with the individual who is the subject of the threat assessment shall1490
consult with the threat management team for the purpose of assessing the threat.  The1491
educator who provides such consultation shall not participate in the decision-making1492
process;1493
(3)  The threat management team shall identify members of the school community to1494
whom threatening behavior should be reported and provide guidance to students, faculty,1495
and staff regarding recognition of threatening or aberrant behavior that may represent a1496
threat to the community, school, or self;1497
- 58 - LC 49 2328S
(4)  Upon the availability of the state-wide behavioral threat assessment indicator, all1498
threat management teams shall use that indicator when evaluating the behavior of1499
students who may pose a threat to the school, school staff, or students and to coordinate1500
intervention and services for such students;1501
(5)  Upon a preliminary determination that a student poses a threat of violence or physical1502
harm to himself or herself or others, a threat management team shall immediately report1503
its determination to the local school superintendent or his or her designee, local law1504
enforcement, and the office.  The local school superintendent or his or her designee shall1505
immediately attempt to notify the student's parent or legal guardian and will determine1506
who within the threat management team is the most appropriate to handle the situation. 1507
Nothing in this subsection precludes the local school system from acting immediately to1508
address an imminent threat;1509
(6)  Upon a preliminary determination by the threat management team that a student1510
poses a threat of violence to himself or herself or others or exhibits significantly1511
disruptive behavior or need for assistance, authorized members of the threat management1512
team shall submit a report to the office, who will use the S3 Database to complete its own1513
report based on all available state resources on the individual of concern.  A member of1514
a threat management team may not disclose any information gathered during the creation1515
of the report, gathered on the individual of concern from the office, or otherwise use any1516
record of an individual beyond the purpose for which such disclosure was made to the1517
threat management team;1518
(7)  Notwithstanding any other provision of law, all state and local agencies and programs1519
that provide services to students experiencing or at risk of demonstrating behavior which1520
indicates they may harm themselves or others, including, but not limited to, local school1521
systems, school personnel, state and local law enforcement agencies, the Department of1522
Juvenile Justice, the Department of Human Services, the Division of Family and Children1523
Services, the Department of Education, the Office of the Child Advocate for the1524
- 59 - LC 49 2328S
Protection of Children, and any service or support provider contracting with such1525
agencies, should submit concerns to the office using the S3 Database to ensure the safety1526
of the student or others;1527
(8) If an immediate mental health or substance abuse crisis is suspected, school1528
personnel shall follow steps established by the threat management team to engage1529
behavioral health crisis resources.  Behavioral health crisis resources, including, but not1530
limited to, mobile crisis teams and school resource officers trained in crisis intervention,1531
shall provide emergency intervention and assessment, make recommendations, and refer1532
the student for appropriate services. Onsite school personnel shall report all such1533
situations and actions taken to the threat management team, which shall contact the other1534
agencies involved with the student and any known service providers to share information1535
and coordinate any necessary follow-up actions.  Upon the student's transfer to a different1536
school within the same local school system, the threat management team of the receiving1537
school shall verify that any intervention services provided to the student at the previous1538
school remain in place until the threat management team of the receiving school1539
independently determines the need for intervention services.  Upon the student's transfer1540
to a school outside of such local school system, the threat management team at the1541
receiving school shall be provided access to the student's critical records as needed to1542
determine the need for intervention services;1543
(9)  If human trafficking or gang affiliation is suspected, school personnel shall follow1544
steps established by the threat management team to seek law enforcement assistance and1545
to identify appropriate interventions for the safety of the student from outside criminal1546
syndicates;1547
(10)  The threat management team shall prepare a threat assessment report required by1548
the state-wide behavioral threat assessment indicator.  A threat assessment report, all1549
corresponding documentation, and any other information required by the state-wide1550
behavioral threat assessment indicator shall be submitted to the office through the S31551
- 60 - LC 49 2328S
Database.  Reports, tips, and information submitted into the S3 Database shall become1552
an S3 record; and1553
(11)  Each local board of education shall establish a threat management coordinator to1554
serve as the primary point of contact regarding the local school system's coordination,1555
communication, and implementation of the threat management program and to report1556
quantitative data to the office.1557
20-2-1186.8.1558
By August 1 of each year, the office shall:1559
(1) Evaluate each local school system's use of the state-wide behavioral threat1560
management operational process, the state-wide behavioral threat assessment indicator,1561
and the S3 Database for compliance with this part;1562
(2)  Notify the local school superintendent, as applicable, if the use of the state-wide1563
behavioral threat management operational process, the state-wide behavioral threat1564
assessment indicator, or the S3 Database is not in compliance with this part; and1565
(3)  Report any issues of ongoing noncompliance with this part to the commissioner of1566
Juvenile Justice and the local school superintendent, as applicable.1567
20-2-1186.9.1568
(a)(1)  By August 1, 2025, the office shall develop and adopt a school safety compliance1569
inspection report to document compliance or noncompliance with school safety1570
requirements mandated by law, rule, or regulation and adherence to established school1571
safety best practices to evaluate the safety, security, and emergency response of the1572
school.1573
(2)  Upon the adoption of the report and upon any revisions to the report, the office shall1574
provide a blank copy of such report to each local school superintendent.1575
- 61 - LC 49 2328S
(b)  The office shall monitor compliance with requirements relating to school safety by1576
local school systems and schools.  The office shall conduct unannounced inspections of all1577
public schools while school is in session, triennially, and investigate reports of1578
noncompliance with school safety requirements. Within three school days after the1579
unannounced inspection, the office shall provide a copy of the completed school safety1580
compliance inspection report, including any photographs or other evidence of1581
noncompliance, to the school safety director; the school principal, as appropriate, and the1582
local school superintendent.  The school safety director shall acknowledge, in writing,1583
receipt of the report within one school day after receipt.  The office shall reinspect any1584
school with documented deficiencies within six months.  The school safety director, or his1585
or her designee, shall provide the office with written notice of how the noncompliance has1586
been remediated within three school days after receipt of the report.1587
(c) The office shall provide quarterly reports to each local school superintendent and school1588
safety director identifying the number and percentage of schools inspected or reinspected1589
during that quarter and the number and percentage of inspected schools that had no school1590
safety requirement deficiencies.  Annually, during the first quarter of every school year, the1591
school safety director shall report to the local board of education in a public meeting the1592
number of schools inspected during the preceding calendar year and the number and1593
percentage of schools in compliance during the initial inspection and reinspection.1594
20-2-1186.10.1595
(a)  Beginning October 1, 2026, the Department of Education shall publish on its public1596
website reports of:1597
(1)  Student discipline information by local education agency, as such term is defined in1598
Code Section 20-2-167.1, for the previous school year.  Such report shall include the1599
following information as a total number and disaggregated by grade, age, race, sex,1600
- 62 - LC 49 2328S
ethnicity, disability status, language learning status, and direct certification for income1601
status or other reliable household income metric:1602
(A)  Short-term suspensions;1603
(B)  Long-term suspensions;1604
(C)  Expulsions;1605
(D)  In-school suspensions;1606
(E)  Out-of-school suspensions;1607
(F)  Notices of chronic disciplinary problem made pursuant to Code Section 20-2-765;1608
(G) Disciplinary and behavioral correction plans made pursuant to Code1609
Section 20-2-766; and1610
(H)  Referrals of students for law enforcement action; and1611
(2)  Student attendance by local education agency, as such term is defined in Code1612
Section 20-2-167.1, and by school.1613
(b)  The State Board of Education shall adopt all policies, rules, and regulations necessary1614
to implement the provisions of this Code section."1615
SECTION 23.1616
Code Section 16-11-37 of the Official Code of Georgia Annotated, relating to terroristic1617
threats and acts and penalties, is amended by revising paragraph (1) of subsection (d) and by1618
adding new subsections to read as follows:1619
"(d)(1)  A person convicted of the offense of a terroristic threat shall be punished as for1620
a misdemeanor; provided, however, that, if the threat suggested the death of the1621
threatened individual or threatened the death of, or serious injury to, a group of1622
individuals who are or will likely be at or within a school, the person convicted shall be1623
guilty of a felony and shall be punished by a fine of not more than $1,000.00,1624
imprisonment for not less than one nor more than five years, or both."1625
- 63 - LC 49 2328S
"(f)  Any parent or legal guardian who intentionally advises, counsels, encourages, aids, or1626
abets his or her minor child in the commission of an offense prohibited by paragraph (1)1627
of subsection (d) of this Code section, relating to threatening the death of, or serious injury1628
to, a group of individuals who are or will likely be at or within a school, shall be deemed1629
a person concerned in the commission of such offense, as provided for in Code Section1630
16-2-20, and may be charged with and convicted of the commission of such offense as a1631
party thereto.1632
(g)  Whenever there is a credible accusation that a person threatened, whether verbally, in1633
writing, or otherwise, the death of, or serious injury to, a group of individuals, pursuant to1634
paragraph (1) of subsection (d) of this Code section, who are or will likely be at or within1635
a school and that the person who made the threat is enrolled in the school, such school shall1636
immediately reassign such person to remote learning and provide him or her with1637
counseling while the school and other parties investigate the allegation or information1638
related to the threat.  Once the school has made a substantive finding related to the threat,1639
it may discontinue the remote learning assignment and impose relevant discipline, as1640
appropriate."1641
SECTION 24.1642
Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to1643
inspection of public records, is amended in Code Section 50-18-72, relating to when public1644
disclosure not required, by striking "or" at the end of paragraph (51), by replacing the period1645
with "; and" at the end of paragraph (52), and by adding a new paragraph to read as follows:1646
"(53)  Information held in the School and Student Safety Database provided for in Part 21647
of Article 27 of Chapter 2 of Title 20 or by a threat management team established by a1648
local school system relating to the assessment of or intervention with an individual of1649
concern."1650
- 64 - LC 49 2328S
SECTION 25.1651
This Act shall become effective upon its approval by the Governor or upon its becoming law1652
without such approval.1653
SECTION 26.1654
All laws and parts of laws in conflict with this Act are repealed.1655
- 65 -