Georgia House Bill HB268 Enrolled / Bill

                    25 HB 268/AP
House Bill 268 (AS PASSED HOUSE AND SENATE)
By: Representatives Persinger of the 119
th
, Efstration of the 104
th
, Gaines of the 120
th
, Burns
of the 159
th
, Erwin of the 32
nd
, and others 
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 11 of Title 15, Chapter 2 of Title 20, and Chapter 3 of Title 38 of the
1
Official Code of Georgia Annotated, relating to the juvenile code, elementary and secondary2
education, and emergency management, respectively, so as to provide for the safety, health,3
and well-being of students and school communities; to require public schools to implement4
a mobile panic alert system capable of connecting disparate emergency services technologies5
to ensure real-time coordination between multiple state and local first responder agencies in6
the event of a school security emergency; to provide for the implementation of additional7
strategies or systems; to provide for exceptions; to provide for a short title; to require public8
schools to procure school mapping data; to provide for requirements of such school mapping9
data; to authorize the Georgia Emergency Management and Homeland Security Agency to10
adopt rules and regulations for the requirements for school mapping data; to provide for11
immunity from civil liability; to provide for the transfer of student records and other12
information among schools, law enforcement agencies, and other agencies with legal13
interests in students; to repeal references to the Department of Behavioral Health and14
Developmental Disabilities as legal custodian of school age children and to make conforming15
changes; to require memoranda of understanding between certain state agencies and local16
units of administration to include provisions relevant to the disclosure of student information;17
to provide for the release of student information from certain state agencies to local units of18
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administration; to provide for reimbursement grants to local school systems that hire
19
qualified student advocacy specialists;  to provide for minimum qualification and essential20
duties of such qualified student advocacy specialists; to authorize RESAs to participate in21
dispute resolution procedures; to provide for the designation of RESA student affairs22
officers; to provide for the Department of Education's chief privacy officer to promulgate a23
guidance document relevant to sharing student records and other information; to provide for24
the release of student education records by local boards of education and local education25
agencies; to provide for certain student education records to be deemed critical records; to26
provide for the transfer of student education records, including critical records, to receiving27
schools; to provide for required disclosures; to provide for provisional enrollment at28
receiving schools; to provide for the transfer of students seeking enrollment in any grade29
higher than third grade; to provide for case management consultations; to provide for policies30
and implementation; to require positive behavioral interventions and supports and response31
to intervention programs and initiatives for certain low-performing elementary and secondary32
and middle schools; to provide for school administrators to disclose certain information33
regarding students with the students' assigned classroom teachers; to provide for such34
information to remain confidential; to provide for reports of law enforcement official35
encounters with school age youth; to prohibit policies which deny or effectively prevent36
parents and legal custodians from reviewing certain education records; to provide for37
statutory construction regarding the disclosure of certain education records; to provide for38
local boards of education to petition courts to require parents to authorize the release of a39
transferring student's education records; to provide for evidence based suicide awareness and40
training programs and a state-wide anonymous reporting program; to provide for evidence41
based youth violence prevention training programs; to provide for student violence42
prevention clubs; to provide for local policies for anonymous reporting; to provide for43
mandatory assessments when certain students withdraw from or stop attending school; to44
update the "Parents' Bill of Rights"; to require written agreements for law enforcement45
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officers in schools to include specific terms and conditions relevant to the handling and
46
disclosure of student information; to require the Department of Education to publish model47
terms and conditions; to revise provisions for school safety plans; to require public school48
safety plans to address the behavioral health needs of students; to provide for the Georgia49
Emergency Management and Homeland Security Agency to establish an emergency alert50
response system and a secure state-wide alert system; to provide for an emergency alert51
response system; to revise a provision relating to the use of a deadly weapon; to provide for52
additional offenses over which superior courts are authorized to exercise exclusive original53
jurisdiction for the trials of children 13 to 17 years of age to include the offenses of certain54
terroristic acts involving public and private schools and attempt or criminal conspiracy to55
commit certain offenses; to repeal a provision that limited superior courts from exercising56
exclusive original jurisdiction over the trials of children 13 to 17 years of age alleged to have57
committed aggravated assault only in certain cases involving the use of a firearm upon a58
public safety officer; to provide for which such cases shall be subject to the class A59
designated felony act provisions of Code Section 15-11-602 upon transfer to a juvenile court;60
to make conforming changes by including such additional offenses in the list of offenses for61
which juvenile and superior courts shall consider certain criteria when determining whether62
to transfer cases; to establish the elements of a particular offense of disrupting or interfering63
with the operation of a public school, public school bus, or public school bus stop; to provide64
for progressive discipline; to provide for the criminal offenses of terroristic threat of a school65
and terroristic act upon a school; to provide for penalties; to provide for definitions; to66
provide for related matters; to provide for an effective date and applicability; to repeal67
conflicting laws; and for other purposes.68
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:69
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PART I
70
SECTION 1-1.71
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and72
secondary education, is amended in Article 11, relating to public school property and73
facilities, by adding a new part to read as follows:74
"Part 4
75
20-2-590.76
This part shall be known and may be cited as 'Ricky and Alyssa's Law.'77
20-2-591.78
(a)  Not later than July 1, 2026, each public school shall implement a mobile panic alert79
system capable of:80
(1) Connecting disparate emergency services technologies to ensure real-time81
coordination between multiple local and state law enforcement and first responder82
agencies.  Such system shall be known as 'Alyssa's Alert' and shall integrate with the83
technology used in each local public safety answering point, including, but not limited84
to, Next Generation 9-1-1, as such term is defined in Code Section 38-3-181, to85
transmit 9-1-1 calls and mobile activations; and86
(2)  Integrating with the school mapping data required in Code Section 38-3-154.87
(b)  In addition to the requirements of subsection (a) of this Code section, each local school88
system may implement additional strategies or systems to ensure real-time coordination89
between multiple first responder agencies in the event of a school security emergency.90
(c)  No local school system shall be required to procure or implement new or additional91
capabilities if, as of July 1, 2026, such local school system has a functioning mobile panic92
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alert system in place with capabilities that meet the requirements of subsection (a) of this93
Code section."94
SECTION 1-2.95
Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency96
management, is amended in Article 10, relating to state-wide first responder building97
mapping information system, by adding a new paragraph to Code Section 38-3-151, relating98
to definitions, to read as follows:99
"(4)  'School mapping data' means building information, floor plans, and aerial imagery100
of any public or private school."101
SECTION 1-3.102
Said chapter is further amended in said article by adding a new Code section to read as103
follows:104
"38-3-154.105
(a)  Not later than July 1, 2026, each public school shall procure school mapping data106
which shall:107
(1)  Be in formats that conform to and integrate with software platforms utilized in local108
public safety answering points and by local, state, and federal public safety agencies that109
respond to emergencies at schools and that do not require such agencies to purchase110
additional software or provide payment in order to view or access such data;111
(2)  Be in formats capable of being printed, shared electronically, and, if requested,112
digitally integrated into interactive mobile platforms;113
(3)  Be verified for accuracy by July 1 each year by the entity producing such school114
mapping data by means of an in-person inspection of each school;115
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(4)  Identify and label access points of each building interior, including, but not limited116
to, rooms, doors, stairwells, and hallways, each of which shall include any identifiers or117
names utilized by staff and students;118
(5) Identify and label locations of critical utilities, key boxes, automated external119
defibrillators, and trauma kits or other emergency response aids; and120
(6)  Identify and label areas at or near each school, including parking areas, athletic fields,121
surrounding roads, outbuildings, and neighboring properties.122
(b)  Any future updates to school mapping data provided for in this Code section shall123
conform to and integrate with software platforms utilized in local public safety answering124
points and by local, state, and federal public safety agencies that provide emergency125
services to each school.126
(c)  The agency shall be authorized to develop rules and regulations for the requirements127
for school mapping data, including, but not limited to, standards for the use of school128
mapping data, encryption of such data, and transmission of such data over secure methods129
to law enforcement officers, firefighters, and other authorized emergency first responders.130
(d)  Local school systems shall collaborate with and receive concurrence from its primary131
local law enforcement agency prior to procuring school mapping data to ensure such school132
mapping data meets the requirements of this Code section.133
(e)  Information provided to the agency under this Code section shall be exempt from134
public disclosure to the extent provided in Code Section 50-18-72.135
(f)(1) Local boards of education, local school systems, public schools, and local136
governments and agencies shall be immune from civil liability for any damages arising137
out of the creation and use of the school mapping data.138
(2)  Employees of local boards of education, local school systems, and local governments139
and agencies shall be immune from civil liability for any damages arising out of the140
creation and use of the school mapping data unless it is shown that such employee acted141
with gross negligence or bad faith."142
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PART II
143
SECTION 2-1.144
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and145
secondary education, is amended in Code Section 20-2-133, relating to free public146
instruction, exceptions, eligibility, and procedure and requirements when child in custody of147
or in a placement or facility of a state agency, by revising subsection (b) as follows:148
"(b)(1)(A)  Any child, except as otherwise specifically provided in subparagraph (D)149
of this paragraph, who is:150
(i)  In the physical or legal custody of the Department of Juvenile Justice or the151
Department of Human Services or any of its divisions, including, but not limited to,
152
the Division of Family and Children Services;153
(ii)  In a placement operated by the Department of Human Services or the Department154
of Behavioral Health and Developmental Disabilities;155
(iii)  In a facility or placement paid for by the Department of Juvenile Justice, the156
Department of Human Services or any of its divisions, or the Department of157
Behavioral Health and Developmental Disabilities including, but not limited to, the158
Division of Family and Children Services; or159
(iv)  Placed in a psychiatric residential treatment facility by his or her parent or legal160
guardian pursuant to a physician's order, if such child is not a home study, private161
school, or out-of-state student162
and who is physically present within the geographical area served by a local unit of163
administration for any length of time is eligible for enrollment in the educational164
programs of that local unit of administration; provided, however, that the child meets165
the age eligibility requirements established by this article.  Except for children who are166
committed to the Department of Juvenile Justice and receiving education services under167
Code Section 20-2-2084.1, the local unit of administration of the school district in168
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which such child is present shall be responsible for the provision of all educational
169
programs, including special education and related services, at no charge so long as the170
child is physically present in the school district.171
(B)  A child shall be considered in the physical or legal custody of the Department of172
Juvenile Justice or the Department of Human Services or any of its divisions, including,
173
but not limited to, the Division of Family and Children Services, if custody has been174
awarded either temporarily or permanently by court order or by voluntary agreement,175
or if the child has been admitted or placed according to an individualized treatment or176
service plan of the Department of Human Services or the Division of Family and177
Children Services.  A child shall be considered in a facility or placement paid for or178
operated by the Department of Behavioral Health and Developmental Disabilities if the179
child has been admitted or placed according to an individualized treatment or service180
plan of the Department of Behavioral Health and Developmental Disabilities or its181
contractors.182
(C) A facility providing educational services onsite to a child described in183
subparagraph (A) of this paragraph who is unable to leave such facility shall enter into184
a memorandum of understanding with the local unit of administration in which the185
facility is located.  Such memorandum of understanding shall include, at a minimum,186
provisions regarding enrollment counting procedures, allocation of funding based on187
actual days of enrollment in the facility, and the party responsible for employing188
teachers, and the respective rights and responsibilities of the parties relative to the189
disclosure of the child's education records.  A memorandum of understanding shall be190
reviewed and renewed at least every two years; provided, however, that, if any191
memorandum of understanding in place on July 1, 2025, does not include such192
provisions regarding the respective rights and responsibilities of the parties relative to193
the disclosure of the child's education records, such memorandum of understanding194
shall be reviewed and updated by no later than October 1, 2025.195
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(D)  No child in a secure residential facility as defined in Code Section 15-11-2,
196
regardless of his or her custody status, shall be eligible for enrollment in the educational197
programs of the local unit of administration of the school district in which such facility198
is located.  No child or youth in the custody of the Department of Corrections or the199
Department of Juvenile Justice and confined in a facility as a result of a sentence200
imposed by a court shall be eligible for enrollment in the educational programs of the201
local unit of administration of the school district where such child or youth is being202
held; provided, however, that such child or youth may be eligible for enrollment in a203
state charter school pursuant to Code Section 20-2-2084.1.204
(2)  Except as otherwise provided in this Code section, placement in a facility by another205
local unit of administration shall not create an obligation, financial or otherwise, on the206
part of the local unit of administration in which the facility is located to educate the child.207
(3)  For any child described in subparagraph (A) of paragraph (1) of this subsection, the208
custodian of or placing agency for the child shall notify the appropriate local unit of209
administration at least five days in advance of the move, when possible, when the child210
is to be moved from one local unit of administration to another.211
(4)  When the custodian of or placing agency for any child notifies a local unit of212
administration, as provided in paragraph (3) of this subsection, that the child may become213
eligible for enrollment in the educational programs of a local unit of administration, such214
local unit of administration shall request the transfer of the educational
 education records215
and Individualized Education Programs and all education related evaluations,216
assessments, social histories, and observations of the child from the appropriate local unit217
of administration no later than ten five school business days after receiving notification. 218
Notwithstanding any other law to the contrary, the custodian of the records has the219
obligation to transfer these such records and the local unit of administration has the right220
to receive, review, and utilize these such records.  Notwithstanding any other law to the221
contrary, upon the request of a local unit of administration responsible for providing222
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educational services to a child described in subparagraph (A) of paragraph (1) of this
223
subsection, the Department of Juvenile Justice, the Department of Behavioral Health and
224
Developmental Disabilities, or the Department of Human Services, or the Division of225
Family and Children Services shall furnish to the local unit of administration all medical226
and educational education records in the possession of the Department of Juvenile227
Justice, the Department of Behavioral Health and Developmental Disabilities, or the228
Department of Human Services, or the Division of Family and Children Services229
pertaining to any such child, except where consent of a parent or legal guardian is230
required in order to authorize the release of any of such records, in which event the231
Department of Juvenile Justice, the Department of Behavioral Health and Developmental232
Disabilities, or the Department of Human Services shall obtain such consent from the233
parent or guardian prior to such release.  Such records shall include, but shall not be234
limited to, any record that such student:235
(A)  Has ever been adjudicated delinquent of the commission of a class A designated236
felony act or class B designated felony act, as defined in Code Section 15-11-2 and, if237
so, the date of such adjudication, the offense committed, the jurisdiction in which such238
adjudication was made, and the sentence imposed;239
(B) Is currently serving a short-term suspension, a long-term suspension, or an240
expulsion from another school, the reason for such discipline, and the term of such241
discipline;242
(C)  Is currently the subject of a notice of a disciplinary hearing pursuant to Code243
Section 20-2-754; or244
(D)  Is currently or has ever been the subject of a:245
(i)  Notice of a report of criminal action made pursuant to Code Section 20-2-756;246
(ii)  Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765;247
(iii)  Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;248
or249
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(iv) Report of the commission of a prohibited act made pursuant to Code250
Section 20-2-1184.251
(5)  In the event that the Department of Juvenile Justice, the Department of Human252
Services, or the Division of Family and Children Services contends that any record253
provided for in paragraph (4) of this subsection cannot be released without consent of a254
parent or legal guardian, such agency shall:255
(A)  Within five school business days after receiving a request for records under this256
subsection:257
(i)  Release all records not subject to such restriction;258
(ii)  Provide in writing to the local unit of administration and the RESA student affairs259
officer of the RESA in which such local unit of administration is located a list that260
identifies each record that such agency contends is subject to such restriction and the261
legal basis for such restriction; and262
(iii)  Initiate both verbal and written contact with the parent or legal guardian to obtain263
consent which the agency contends is required; and264
(B)  Upon receipt of the consent provided for in division (5)(A)(iii) of this subsection,265
immediately release the subject record to the local unit of administration.266
(6)(A)  In the event that an agency contends that releasing, in whole or in part, a267
student's records as required by this Code section would be unlawful, such agency shall268
promptly provide a written notice of dispute to the RESA student affairs officer of the269
RESA in which the local unit of administration is located.270
(B) In the event that a local unit of administration contends that a student's records, in271
whole or in part, have been unlawfully or unduly withheld from release by a sending272
school, such local unit of administration shall promptly provide a written notice of273
dispute to the RESA student affairs officer of the RESA in which the local unit of274
administration is located.275
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(C)(i) Upon receipt of a notice of dispute from an agency as provided for in276
subparagraph (A) of this paragraph or from a local unit of administration as provided277
in subparagraph (B) of this paragraph, the RESA student affairs officer shall be278
authorized to work in coordination with any sending school, any receiving school, any279
other requestor, and the parent or legal custodian of the student whose records are the280
subject of such notice to resolve any dispute by providing technical assistance and281
guidance as to the respective rights and responsibilities of each of the parties to the282
dispute.283
(ii)  To the extent that such efforts to resolve the dispute are not successful, the RESA284
student affairs officer shall provide a written notice of noncompliance to any party to285
such dispute which the RESA student affairs officer reasonably contends is286
noncompliant with the requirements of this paragraph. Such written notice of287
noncompliance shall include a recommended corrective action to resolve288
noncompliance.  The RESA student affairs officer shall report such noncompliance289
to the director of the RESA.290
(iii)  Upon being notified of a noncompliance as provided for in division (ii) of this291
subparagraph, the RESA director shall be authorized to attempt to resolve the dispute292
and to report noncompliance to the Office of the Attorney General and the293
Department of Education's chief privacy officer.294
(D)  For the limited purposes provided for in this subsection, RESA student affairs295
officers and RESA directors shall be authorized to review the education records that are296
the subject of a notice of dispute provided for in this subsection.297
(5)(7) Any local unit of administration which serves a child pursuant to subparagraph (A)298
of paragraph (1) of this subsection shall receive in the form of annual grants in state299
funding for that child the difference between the actual state funds received for that child300
pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred301
in educating that child, calculated pursuant to regulations adopted by the State Board of302
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Education.  Each local board of education shall be held harmless by the state from
303
expending local funds for educating students pursuant to this Code section; provided,304
however, that this shall only apply to students who are unable to leave the facility in305
which they have been placed.306
(6)
(8) Enrollment of an eligible child pursuant to this Code section shall be effectuated307
in accordance with rules and regulations adopted by the State Board of Education.308
(7)(9) For purposes of the accountability program provided for in Part 3 of Article 2 of309
Chapter 14 of this title, all facilities serving children described in subparagraph (A) of310
paragraph (1) of this subsection shall be, consistent with department rules and311
regulations, treated as a single local education agency; provided, however, that this312
paragraph shall not be construed to alleviate any responsibilities of the local unit of313
administration of the school district in which any such children are physically present for314
the provision of education for any such children.315
(8)(10) The Department of Education, the State Charter Schools Commission, the316
Department of Human Services, the Division of Family and Children Services, the317
Department of Juvenile Justice, the Department of Behavioral Health and Developmental318
Disabilities, and the local units of administration where Department of Education, State319
Charter Schools Commission, Department of Juvenile Justice, Department of Behavioral320
Health and Developmental Disabilities, or Department of Human Services, or Division321
of Family and Children Services placements, facilities, or contract facilities are located322
shall jointly develop procedures binding on all agencies implementing the provisions of323
this Code section applicable to children and youth in the physical or legal custody of the324
Department of Juvenile Justice, under the care or physical or legal custody of the325
Department of Human Services or the Division of Family and Children Services, or under326
the physical custody of the Department of Behavioral Health and Developmental327
Disabilities."328
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SECTION 2-2.
329
Said chapter is further amended in Part 5 of Article 6, relating to program weights and330
funding requirements under the "Quality Basic Education Act," by adding a new Code331
section to read as follows:332
"20-2-192.
333
(a)  As used in this Code section, the term 'qualified student advocacy specialist' means an334
individual employed by a local school system whose beginning salary and benefits are335
eligible for reimbursement grants under this Code section.336
(b)  Subject to appropriations by the General Assembly, the State Board of Education shall337
provide grants to local school systems for the purpose of reimbursing local school systems338
for expenditures sufficient to pay the beginning salaries and benefits of qualified student339
advocacy specialists employed by such local school systems.340
(c)  Under such grant program, local school systems shall be eligible for reimbursement for341
an amount equal to the beginning salary and benefits of:342
(1)  One qualified student advocacy specialist for local school systems with a full-time343
equivalent enrollment of fewer than 18,000 students;344
(2)  Two qualified student advocacy specialists for local school systems with a full-time345
equivalent enrollment of 18,000 to 36,000 students; or346
(3)  Three qualified student advocacy specialists for local school systems with a full-time347
equivalent enrollment of more than 36,000 students.348
(d)  By December 31, 2025, the State Board of Education shall establish policies, rules, and349
regulations necessary for the implementation of this Code section, including, but not350
limited to, the process by which local school systems shall request and receive such grant351
funds.  Such policies, rules, and regulations shall condition the receipt of such grant funds352
on the local school system's compliance with all applicable provisions of Code353
Section 20-2-1185.354
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(e)  By December 31, 2025, the Department of Behavioral Health and Developmental355
Disabilities, in consultation with the Department of Education, shall establish the essential356
duties and minimum qualifications for qualified student advocacy specialists hired by local357
school systems.  Such minimum qualifications shall be established so as to maximize358
opportunities for local school systems to hire qualified student advocacy specialists capable359
of performing such essential duties, which shall include, but shall not be limited to:360
(1) Coordinating the efforts of the local school system to identify and facilitate361
appropriate interventions for students with or at risk for mental health concerns,362
including, but not limited to, telehealth services;363
(2)  Coordinating, documenting, evaluating, and reporting the outcomes of Tier 1 and364
Tier 2 behavioral health training programs and materials of the local school system,365
including, but not limited to, such training programs and materials as provided for in366
Code Section 20-2-779.1; and367
(3)  Attending information and training meetings relating to school safety and student368
behavioral health provided or facilitated by the Georgia Emergency Management and369
Homeland Security Agency or the Department of Behavioral Health and Developmental370
Disabilities.371
(f)  This Code section shall not apply to the Department of Juvenile Justice or its school372
system.373
(g)  Nothing in the Code section shall be construed to prohibit local school systems from374
hiring or contracting with student advocacy specialists using other funds available for such375
purpose."376
SECTION 2-3.377
Said chapter is further amended in Code Section 20-2-270, relating to establishment of a378
state-wide network, by revising subsection (a) as follows:379
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"(a)(1) The State Board of Education shall establish a state-wide network of regional380
educational service agencies for the purposes of: providing shared services designed to381
improve the effectiveness of educational programs and services to local school systems382
and state charter schools; providing instructional programs directly to selected public383
school students in the state; providing dispute resolution services relating to sharing384
student education records;  providing services pursuant to Code Section 20-2-785; and385
providing Georgia Learning Resources System services.386
(2) The regional educational service agencies established by the state board may legally387
be referred to as 'RESA' or 'RESA's 'RESAs'."388
SECTION 2-4.389
Said chapter is further amended in Part 11 of Article 6, relating to regional educational390
service agencies, by adding a new Code section to read as follows:391
"20-2-270.2.392
(a)  Each regional educational service agency shall be authorized to provide dispute393
resolution services  to local education agencies, local units of administration, and public394
and private schools located within the service area of such regional educational service395
agency and to the Department of Juvenile Justice, the Department of Human Services, and396
the Division of Family and Children Services.397
(b)  Each regional educational service area director shall designate one staff member as398
RESA student affairs officer.399
(c)  The chief privacy officer designated by the State School Superintendent pursuant to400
Code Section 20-2-663 shall provide technical assistance and guidance to support RESA401
student affairs officers and directors in complying with the requirements of this Code402
section."403
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SECTION 2-5.
404
Said chapter is further amended in Code Section 20-2-662, relating to definitions relative to405
student data privacy, accessibility, and transparency, by adding new paragraphs to read as406
follows:407
"(6.1)  'Legal custodian' means an entity or individual other than a parent with legal
408
authority to act on behalf of a student.  Such term shall include the Department of409
Juvenile Justice, the Department of Human Services, and the Division of Family and410
Children Services.411
(6.2)  'Local board of education' means the governing body of each local education412
agency as such terms are defined in Code Section 20-2-167.1.  Such term shall include413
the Department of Juvenile Justice school system."414
"(8.1)  'Parent' means an individual other than a legal custodian who has legal authority415
to act on behalf of a student as a natural or adoptive parent or a legal guardian."416
SECTION 2-6.417
Said chapter is further amended in Code Section 20-2-663, relating to designation and role418
of chief privacy officer, by adding a new subsection to read as follows:419
"(c)(1)  In consultation with the Attorney General's office, the chief privacy officer shall420
promulgate for all regional educational service agencies, all local education agencies, all421
elementary and secondary schools in this state, the Department of Juvenile Justice (DJJ)422
school system, the Department of Human Services (DHS), the Division of Family and423
Children Services (DFCS), and the Department of Defense Education Activity (DoDEA)424
a guidance document that shall address, but shall not be limited to, the following topics:425
(A)  The current state and federal laws applicable to local education agencies and426
elementary and secondary schools in this state, DJJ, DHS, DFCS, and DoDEA intended427
to protect the privacy of student education records, student health records, student data,428
and the personally identifiable information of students and their families;429
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(B) The application of the federal Family Educational Rights and Privacy Act430
(FERPA) to local education agencies and elementary and secondary schools in this431
state, DJJ, DHS, DFCS, and DoDEA, including what information is and is not covered432
under FERPA;433
(C)  What student education records and student health records can be shared with other434
educators, other schools, DJJ, DHS, DFCS, and DoDEA;435
(D)  What information about a student a local education agency, an elementary or436
secondary school, DJJ, DHS, DFCS, and DoDEA is permitted or required to share with437
a law enforcement officer, a law enforcement agency, a judge or court personnel, or438
another state or local agency or officer with a legal interest in such student; and439
(E)  What information about a student a law enforcement officer, a law enforcement440
agency, a judge or court personnel, or another state or local agency with a legal interest441
in such student is permitted or required to share with a local education agency, an442
elementary or secondary school, DJJ, DHS, DFCS, or DoDEA.443
(2)(A)  The guidance document required by paragraph (1) of this subsection shall be444
issued by December 31, 2025, and shall be reviewed and updated by July 1 each year445
and at any other time as necessary to ensure the information included in such guidance446
document is accurate.447
(B)  Each time the guidance document required by paragraph (1) of this subsection is448
issued or updated, it shall be posted on the department's public website along with449
responses to common or frequently asked questions relevant to the topics included in450
such guidance document.451
(3)  The chief privacy officer shall consult with experts and authorities as appropriate to452
meet the requirements of this subsection."453
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SECTION 2-7.
454
Said chapter is further amended in Code Section 20-2-667, relating to parental and student455
review of education records and model policies, by revising subsection (c) as follows:456
"(c)(1)  Except as provided in paragraph (2) of this subsection, each local board of
457
education shall immediately provide an electronic copy of a student's complete education458
record to any parent, legal custodian, or another person or entity legally authorized to459
receive such records upon request and under no circumstances later than 5:00 P.M. on the460
third business day following the date of such request.461
(2)  In the event that any portion of such student's education record is not maintained in462
electronic format, the local board of education shall provide an electronic copy of all of463
the student's education records available in electronic format in compliance with464
paragraph (1) of this subsection and shall, no later than 5:00 P.M. on the third business465
day following the date of the request for such records, notify the requestor when copies466
of the remainder of such student's education records will be ready for retrieval. Local467
boards of education shall provide a parent or guardian with an electronic copy of his or468
her child's education record upon request, unless the local board of education does not469
maintain a record in electronic format and reproducing the record in an electronic format470
would be unduly burdensome."471
SECTION 2-8.472
Said chapter is further amended by repealing Code Section 20-2-670, relating to473
requirements for transferring students beyond sixth grade, conditional admission, and474
compliance, in its entirety and enacting a new Code section to read as follows:475
"20-2-670.476
(a)  As used in this Code section, the term:477
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(1)  'Critical records' means the following education records of a student, which shall be478
current and complete for a period of at least the most recent 12 months of such student's479
enrollment or the entirety of such student's enrollment if less than 12 months:480
(A)  Academic transcript;481
(B)  Attendance records;482
(C)  Student discipline records, including, but not limited to, all records of any:483
(i)  Disciplinary order of short-term suspension, long-term suspension, or expulsion484
made pursuant to Code Section 20-2-751.2;485
(ii)  Notice of a report of criminal action made pursuant to Code Section 20-2-756;486
(iii)  Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765;487
(iv)  Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;488
or489
(v) Report of the commission of a prohibited act made pursuant to Code490
Section 20-2-1184;491
(D)  Records of the student having ever been adjudicated delinquent of the commission492
of a class A designated felony act or class B designated felony act, as defined in Code493
Section 15-11-2 and, if so, the date of such adjudication, the offense committed, the494
jurisdiction in which such adjudication was made, and the sentence imposed;495
(E)  An Individualized Education Program (IEP) pursuant to the federal Individuals496
with Disabilities Education Act or a plan under Section 504 of the federal497
Rehabilitation Act of 1973, if any; and498
(F)  Psychological evaluations, if any.499
(2)  'Education records' means any record that is maintained by a local education agency,500
a public or private elementary or secondary school, the Department of Juvenile Justice501
school system, or a party acting on behalf of such entity and is directly related to a502
student.  Such term shall include, but shall not be limited to, records of such student's503
enrollment, attendance, class schedules, academic transcripts, grades, student discipline,504
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student financial information, health records, special education records, and505
psychological evaluations.  Such term shall include the student's critical records.506
(3)  'Governing body' means the local board of education, governing council, governing507
board, Board of Juvenile Justice, or other entity by whatever name responsible for508
creating and implementing the budget of a local education agency or a public or private509
school.510
(4) 'Legal custodian' means an entity or individual other than a parent with legal511
authority to act on behalf of a student.  Such term shall include the Department of512
Juvenile Justice, the Department of Human Services, and the Division of Family and513
Children Services.514
(5) 'Local education agency' shall have the same meaning as provided in Code515
Section 20-2-167.1.  Such term shall include the Department of Juvenile Justice school516
system.517
(6)  'Parent' means an individual other than a legal custodian who has legal authority to518
act on behalf of a student as a natural or adoptive parent or a legal guardian.519
(7)  'Permanent enrollment' means enrollment of student in a school that is not provisional520
enrollment.521
(8)  'Provisional enrollment' means the conditional and nonpermanent enrollment of522
student in a school for a specified period of time.523
(9)  'Receiving school' means a local education agency or public or private school in524
which a transferring student, either on his or her own behalf or by and through his or her525
parent or legal custodian, has enrolled or seeks or intends to enroll.526
(10)  'Requestor' means a student, the parent or legal custodian of such student, or a527
receiving school or another person or entity legally authorized to receive the education528
records of such student.529
(11)  'RESA' means a regional educational service agency as provided for in Code530
Section 20-2-270.531
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(12)  'RESA student affairs officer' means the RESA employee designated by the RESA532
executive director to receive and attempt to resolve notices of disputes brought pursuant533
to this Code section.534
(13)  'Sending school' means a local education agency or a public or private school which535
maintains education records of a particular student and is responsible for releasing such536
records to a requestor.537
(14)  'Student' means an individual who is enrolled in a public or private elementary or538
secondary school or home study program in this state, or who is subject to the539
compulsory attendance requirements of Code Section 20-2-690.1.540
(15)  'Transferring student' means a student who, either on his or her own behalf or by541
and through his or her parent or legal custodian, has enrolled in or is seeking or intends542
to enroll in a receiving school.543
(b)  The parent or legal custodian of a student seeking permanent enrollment in a grade544
higher than the third grade in any receiving school in this state shall as a prerequisite to545
such permanent enrollment execute a document:546
(1)  Disclosing to the receiving school whether the student:547
(A)  Has ever been adjudicated delinquent of the commission of a class A designated548
felony act or class B designated felony act, as defined in Code Section 15-11-2 and, if549
so, the date of such adjudication, the offense committed, the jurisdiction in which such550
adjudication was made, and the sentence imposed;551
(B) Is currently serving a short-term suspension, a long-term suspension, or an552
expulsion from another school, the reason for such discipline, and the term of such553
discipline;554
(C)  Is currently the subject of a notice of a disciplinary hearing pursuant to Code555
Section 20-2-754; or556
(D)  Is currently or has ever been the subject of any:557
(i)  Notice of a report of criminal action made pursuant to Code Section 20-2-756;558
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(ii)  Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; 559
(iii)  Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;560
or561
(iv) Report of the commission of a prohibited act made pursuant to Code562
Section 20-2-1184; and563
(2) Either:564
(A)  Present a certified copy of such student's critical records from each sending school565
he or she attended during the previous 24 months; or566
(B)  Receive written confirmation from such receiving school that it as received such567
student's critical records.568
(c)(1)  A student may be provisionally enrolled in a receiving school for not more than569
ten school days on a conditional basis; provided, however, that such provisional570
enrollment shall not commence until the next school day after such student's parent or571
legal custodian executes a document:572
(A)  Disclosing the information required in paragraph (1) of subsection (b) of this Code573
section; and574
(B)  Providing the name and address of each sending school such student attended575
during the previous 24 months and authorizing the immediate release of such student's576
critical records to the receiving school.577
(2)  If the receiving school does not receive such student's critical records from each578
sending school such student attended during the previous 24 months, the receiving school579
shall be authorized to temporarily assign such student to remote learning until such580
critical records are received or the case management consultation provided for in581
subsection (i) of this Code section is completed.582
(3)  If a student provisionally enrolled in a receiving school is found to be ineligible for583
enrollment pursuant to the provisions of Code Section 20-2-751.2, or is subsequently584
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found to be so ineligible, he or she shall be dismissed from enrollment in such receiving585
school until such time as he or she becomes so eligible.586
(d)  Any document provided by a receiving school to a student or such student's parent or587
legal custodian to request permanent enrollment or provisional enrollment in such receiving588
school or to authorize the release of education records to such receiving school shall589
include:590
(1)  A list of class A designated felony acts or class B designated felony acts;591
(2)  A list of the prohibited acts identified in Code Section 20-2-1184; and592
(3)  A description of each of the following:593
(A)  Notice of a disciplinary hearing pursuant to Code Section 20-2-754;594
(B)  Notice of a report of criminal action made pursuant to Code Section 20-2-756;595
(C)  Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; 596
(D)  Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;597
and598
(E) Report of the commission of a prohibited act made pursuant to Code599
Section 20-2-1184.600
(e)  Each time a transferring student's education records, including, but not limited to601
critical records, are transferred to a receiving school, such student's parent or legal602
custodian shall be notified in writing by the receiving school of the transfer of such records603
and shall, upon written request made within five school business days of the date of such604
notice, be entitled to receive a copy of such records from the receiving school.  Within five605
school business days of the receipt of a copy of such records, such student's parent or legal606
custodian may make a written request for and shall be entitled to a meeting with the607
principal of the sending school or of the receiving school or his or her designee for the608
purpose of correcting the content of such records as provided in Code Section 20-2-667. 609
The parties may mutually agree for such meeting to occur at a date and time outside of such610
five-day period.611
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(f)(1)  Except as provided in paragraph (2) of this subsection, each sending school in this612
state shall immediately release a student's complete education record to any parent, legal613
custodian, receiving school, or another person or entity legally authorized to receive such614
records upon request by such requestor and under no circumstances later than 5:00 P.M.615
on the third business day following the date of such request.616
(2)  In the event that any portion of such student's education record is not maintained in617
electronic format, the sending school shall transfer all of the student's education records618
available in electronic format in compliance with paragraph (1) of this subsection and619
shall, no later than 5:00 P.M. on the third business day following the date of such request,620
notify the requestor when copies of the remainder of such student's education records will621
be ready for retrieval.622
(g)(1)  In the event that:623
(A)  A sending school contends that releasing, in whole or in part, a student's education624
records as required by this Code section would be unlawful or unduly burdensome; or625
(B)  A requestor contends that a student's education records, in whole or in part, have626
been unlawfully or unduly withheld from release by a sending school,627
the requestor shall promptly provide a written notice of dispute to the RESA student628
affairs officer of the RESA in which the sending school is located.629
(2)(A)  Upon receipt of a notice as provided in paragraph (1) of this subsection, the630
RESA student affairs officer shall be authorized to work in coordination with any631
sending school, any receiving school, any other requestor, and the parent or legal632
custodian of the student whose education records are the subject of such notice to633
resolve any dispute by providing technical assistance and guidance as to the respective634
rights and responsibilities of each of the parties to the dispute.635
(B)  To the extent that such efforts to resolve the dispute are not successful, the RESA636
student affairs officer shall provide a written notice of noncompliance to any party to637
such dispute which the RESA student affairs officer reasonably contends is638
H. B. 268
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noncompliant with the requirements of this Code section report. Such written notice639
of noncompliance shall include a recommended corrective action to resolve640
noncompliance.  The RESA student affairs officer shall report such noncompliance to641
the director of the RESA.642
(C)  Upon being notified of a noncompliance as provided for in subparagraph (B) of643
this paragraph, the RESA director shall be authorized to attempt to resolve the dispute644
and to report noncompliance to the Office of the Attorney General and the Department645
of Education's chief privacy officer.646
(3)  For the limited purposes provided for in this subsection, RESA student affairs647
officers and RESA executive directors shall be authorized to review the education records648
that are the subject of a notice of dispute provided for in this subsection.649
(4)  In the event that it becomes evident to a RESA student affairs officer or a RESA650
director that neither a sending school nor a receiving school involved in a dispute is a651
local education agency or a public elementary or secondary school, the RESA student652
affairs officer and the RESA director shall take no further action regarding the dispute653
other than to notify the parties to the dispute that the regional educational service agency654
is not authorized to take further action on the matter and to refer the parties to the655
Department of Education's chief privacy officer.656
(h)  Whenever a receiving school does not timely receive complete information relative to657
a transferring student from a sending school as required in subsection (f) of this Code658
section, such receiving school shall be authorized to condition such transferring student's659
continued provisional enrollment upon completion of the case management consultation660
provided for in subsection (i) of this Code section.661
(i)  Each case management consultation shall be conducted by a school social worker,662
school counselor, or a designated school administrator of the receiving school and shall663
involve the transferring student and such student's parent or legal custodian.  The purposes664
of the case management consultation shall include, but shall not be limited to:665
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(1)  Determining whether any services are necessary for such student, including, but not666
limited to, referrals for special education or behavioral health services; and667
(2)  Facilitating the continuation of services such student was receiving at his or her668
previous school or schools, if any.669
(j)  The State Board of Education shall adopt policies and procedures for implementing the670
provisions of this Code section.671
(k)  The Department of Education shall collaborate with the Department of Behavioral672
Health and Developmental Disabilities and provide technical assistance to schools and673
local school systems to support implementation of the provisions of this Code section.674
(l)  In lieu of his or her parent, a transferring student who is not in the custody of the675
Department of Juvenile Justice or the Division of Family and Children Services of the676
Department of Human Services and who is 18 years of age or older or who has been677
emancipated by operation of law or by court order pursuant to Code Section 15-11-727 or678
as otherwise provided by law shall be authorized to comply on his or her own behalf with679
the requirements of this Code section otherwise applicable to such student's parent or legal680
custodian.681
(m)  Notwithstanding the provisions of this Code section, any transferring student in the682
custody of the Department of Juvenile Justice or the Department of Human Services,683
through its Division of Family and Children Services, shall be immediately admitted to a684
receiving school, even if records required for enrollment cannot be produced, in order to685
ensure educational stability and continuity.  All records shall be transferred to the receiving686
school administrator within ten school business days by the local school superintendent or687
his or her designee, as applicable, of the school such transferring student last attended."688
SECTION 2-9.689
Said chapter is further amended by revising Code Section 20-2-671, relating to transfer690
students who have committed felony acts and disclosure of act, as follows:691
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"20-2-671.
692
(a)
  If any school administrator determines from the information obtained pursuant to Code693
Section 15-11-602 or 20-2-670 or from any other source that a student has:694
(1)  Has committed a class A designated felony act or class B designated felony act, as695
defined in Code Section 15-11-2,;696
(2)  Is the subject of a notice of chronic disciplinary problem made pursuant to Code697
Section 20-2-765;698
(3) Has a current disciplinary and behavioral correction plan pursuant to Code699
Section 20-2-766; or700
(4)  Is the subject of a report of the commission of a prohibited act made pursuant to Code701
Section 20-2-1184,702
such administrator shall so inform all teachers to whom the student is assigned that they703
may review the information in the student's file provided pursuant to subsection (b) of704
Code Section 20-2-670 received from other schools or from the juvenile courts.705
(b) Such information shall be kept confidential."706
SECTION 2-10.707
Said chapter is further amended by revising Code Section 20-2-700, relating to reports by708
peace officers to school authorities and parent or guardian, as follows:709
"20-2-700.710
(a)  As used in this Code section, the term:711
(1)  'Incidental to' means occurring in the course of or directly associated with standards712
or customary operations of a law enforcement officer's employer.713
(2)  'Law enforcement officer' means any duly constituted agent or officer of the State of714
Georgia or of any county, municipality, political subdivision, or local school system715
thereof who, as a full-time or part-time employee, is vested either expressly by law or by716
virtue of public employment or service with authority to enforce the criminal or traffic717
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laws of this state with the power of arrest and whose duties include the preservation of718
public order, the protection of life and property, or the prevention, detection, or719
investigation of crime.  Such term shall include, but shall not be limited to, sheriffs and720
deputy sheriffs; any member of the Georgia State Patrol or Georgia Bureau of721
Investigation; campus policemen and school security personnel provided for in Chapter 8722
of this title; any person employed by the Department of Natural Resources as a law723
enforcement officer; any arson investigator of the state fire marshal's office; employees724
designated by the commissioner of community supervision who have the duty to725
supervise children adjudicated for a Class A designated felony act or Class B designated726
felony act after release from restrictive custody, as such terms are defined in Code727
Section 15-11-2; and employees designated by the commissioner of juvenile justice728
pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who have the duty729
to investigate and apprehend delinquent children, or the supervision of delinquent730
children under intensive supervision in the community, and any child with a pending731
juvenile court case alleging the child to be a child in need of services who has escaped732
from a facility under the jurisdiction of the Department of Juvenile Justice or who has733
broken the conditions of supervision.734
(3)  'Official encounter' means an interaction of a law enforcement officer with a school735
age youth in such law enforcement officer's official capacity for the purpose of enforcing736
the criminal laws of this state or preventing, detecting, or investigating a crime, provided737
that such interaction is directly related to a credible report or other credible information738
that such school age youth has threatened the death of, or serious injury to, one or more739
individuals who are or will likely be at or within a school.740
(4)  'School age youth' means an individual who is between his or her sixth and sixteenth741
birthdays or who a law enforcement officer knows or reasonably believes is enrolled in742
a public or private elementary or secondary school in this state.  Such term shall not743
H. B. 268
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include an individual who has successfully completed all the requirements for a high744
school diploma or a state approved high school equivalency (HSE) diploma.745
(5)  'School official' means a local school superintendent or his or her designee or a746
school principal or other school administrator.747
(b) Any person taking action with respect to a child pursuant to Code Section 20-2-699748
shall report the matter and the disposition made by him of the child to the school authorities749
of the county, independent or area school system such action to a school official of the750
public or private school in which such child is currently enrolled or would be enrolled by751
virtue of his or her primary residence, and to the child's parent or guardian.752
(c)(1)  Except as provided in paragraph (2) of this subsection, within five days of an753
official encounter with a school age youth in this state, the employer of each law754
enforcement officer present for such official encounter shall provide a written report of755
such official encounter to a school official of the public or private school in which such756
school age youth is currently enrolled or would be enrolled by virtue of his or her primary757
residence and to his or her parent or guardian.758
(2)  A written report of an official encounter provided for in paragraph (1) of this759
subsection shall not be required:760
(A)  When the interaction between the law enforcement officer and the school age761
youth is not incidental to the conduct of a law enforcement officer acting in his or her762
official capacity to enforce the criminal laws of this state or to prevent, detect, or763
investigate a crime; or764
(B)  With respect to a school age youth whose presence during or participation in such765
official encounter is due exclusively to such school age youth being a witness or766
potential witness in a criminal investigation; provided, however, that the exception767
provided for in this subparagraph shall not apply if he or she is also a subject of such768
criminal investigation or is a suspect or person of interest in such criminal investigation.769
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(d)  This Code section shall not apply to school age youth in the physical custody of the770
Department of Juvenile Justice within a secure facility; provided, however, that this771
subsection shall not apply to school age youth who are in the physical or legal custody of772
the Department of Juvenile Justice in a nonsecure residential placement or other nonsecure773
intensive supervision program."774
SECTION 2-11.775
Said chapter is further amended by revising Code Section 20-2-720, relating to inspection776
of students' records by parents, as follows:777
"20-2-720.778
(a)  As used in this Code section, the term:779
(1) 'Education record' shall have the same meaning as provided for in Code780
Section 20-2-662.781
(2) 'Legal custodian' means an entity or individual other than a parent with legal782
authority to act on behalf of a student.  Such term shall include the Department of783
Juvenile Justice and the Division of Family and Children Services of the Department of784
Human Services.785
(3)  'Local board of education' means the governing body of each local education agency786
as such terms are defined in Code Section 20-2-167.1.  Such term shall include the school787
system of the Department of Juvenile Justice.788
(4)  'Parent' means an individual other than a legal custodian who has legal authority to789
act on behalf of a student as a natural or adoptive parent or a legal guardian.790
(b)  No local board of education No local school system, whether county, independent, or791
area, shall have a policy of denying, or which effectively prevents, the parents or legal792
custodians of students who are in attendance at or who have been enrolled in any facility793
within such system the right to inspect and review the education records of their child as794
provided in Code Section 20-2-667.795
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(c) A parent or legal custodian shall be entitled to inspect and review only information796
relating to his or her own child or ward and if any material or document in a child's or797
ward's record includes information on another student, such information regarding any798
other student shall not be made available for inspection or review except to the parents or799
legal custodian of that student.800
(d) Both parents of a child shall be entitled to inspect and review the education records of801
their child or to be provided information concerning their child's progress.  Information802
concerning a child's education record shall not be withheld from the noncustodial parent803
unless a court order has specifically removed the right of the noncustodial parent to such804
information or unless parental rights have been terminated.  For purposes of this Code805
section, 'education records' shall include attendance reports and records."806
SECTION 2-12.807
Said chapter is further amended by revising Code Section 20-2-741, relating to positive808
behavioral interventions and supports and response to intervention, as follows:809
"20-2-741.810
(a)  As used in this Code section, the term:811
(1)  'High needs school' means a public school which has received a school climate rating812
of '1-star' or '2-star' pursuant to Code Section 20-14-33.813
(2)  'Positive behavioral interventions and supports' or 'PBIS' means an evidence based814
data-driven framework to reduce disciplinary incidents, increase a school's sense of815
safety, and support improved academic outcomes through a multitiered multi-tiered816
approach, using disciplinary data and principles of behavior analysis to develop817
school-wide, targeted, and individualized interventions and supports.818
(3)  'Response to intervention' or 'RTI' means a framework of identifying and addressing819
the academic and behavioral needs of students through a tiered system.820
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(b)(1) Local boards of education are encouraged to implement PBIS and RTI programs821
and initiatives in their schools, and particularly in high needs schools.822
(2)  Local boards of education shall implement PBIS and RTI programs and initiatives823
in each elementary and middle school that is a high needs school.  Such implementation824
shall include, but shall not be limited to:825
(A)  PBIS Tier 1 supports for 100 percent of students and school personnel;826
(B)  Specific PBIS Tier 2 supports and interventions for students who are at risk for827
developing more serious unwanted behaviors, such as small group resilience and828
behavioral health skills lessons approved by the Department of Behavioral Health and829
Developmental Disabilities; and830
(C)  Each school year, no less than 95 percent of school personnel receive two hours831
of student behavioral health awareness training approved by the Department of832
Behavioral Health and Developmental Disabilities.833
(c)  The State Board of Education is authorized, subject to appropriations by the General834
Assembly, to provide funds to local school systems to support PBIS and RTI programs,835
initiatives, and personnel.836
(d)  The State Board of Education is authorized to establish rules and regulations for PBIS837
and RTI programs and initiatives which receive funding pursuant to this Code section."838
SECTION 2-13.839
Said chapter is further amended by revising Code Section 20-2-757, relating to applicability840
of public inspection and open meeting laws, as follows:841
"20-2-757.842
(a)  All proceedings and hearings conducted under this subpart shall be confidential and843
shall not be subject to the open meetings requirement of Code Section 50-14-1 or other844
open meetings laws.845
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(b)  All electronic or other written records of all hearings conducted under this subpart; all
846
statements of charges; all notices of hearings; and all written decisions rendered by a847
hearing officer, tribunal, the local board of education, or the State Board of Education shall848
not be subject to public inspection or other disclosure under Article 4 of Chapter 18 of Title849
50 or other public disclosure laws; provided, however, the board of education
 that the state850
board shall prepare a written summary of any proceeding conducted under this subpart,851
which summary shall include a description of the incident and the disposition thereof but852
shall not contain the names of any party to the incident.  The summary shall be a public853
record.854
(c)  Nothing in this Code section shall be construed to prohibit, restrict, or limit in any855
manner the disclosure of a student's education records to a receiving school as required by856
Code Section 20-2-670."857
SECTION 2-14.858
Said chapter is further amended by revising Code Section 20-2-766.1, relating to proceeding859
against parents for failure to cooperate in educational programs and penalty, as follows:860
"20-2-766.1.861
(a)  A The local board of education may, by petition to the juvenile court, proceed against862
a parent or guardian as provided in this Code section.863
(b) If the court finds that the parent or guardian has willfully and unreasonably failed to864
attend a conference requested by a principal pursuant to Code Section 20-2-765865
or 20-2-766, the court may order the parent or guardian to attend such a conference, order866
the parent or guardian to participate in such programs or such treatment as the court deems867
appropriate to improve the student's behavior, or both.868
(c)  If the court finds that the parent or guardian has willfully and unreasonably failed to869
authorize the release of student education records as required pursuant to Code870
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Section 20-2-670, the court may order the parent or guardian to authorize the release of871
such records.872
(d) After notice and opportunity for hearing, the court may impose a fine, not to exceed873
$500.00, on a parent or guardian who willfully disobeys an order of the court entered under874
this Code section.  The court may use its contempt and other powers specified in Code875
Section 15-11-31 to enforce any order entered under this Code section."876
SECTION 2-15.877
Said chapter is further amended by revising Code Section 20-2-779.1, relating to suicide878
prevention and awareness training and no duty of care imposed, as follows:879
"20-2-779.1.880
(a)  As used in this Code section, the term 'evidence based' means a program or practice881
that:882
(1)  Demonstrates a statistically significant effect on relevant outcomes based on:883
(A) Strong evidence from at least one well-designed and well-implemented884
experimental study;885
(B) Moderate evidence from at least one well-designed and well-implemented886
quasi-experimental study; or887
(C) Promising evidence from at least one well-designed and well-implemented888
correlational study with statistical controls for selection bias; or889
(2) Demonstrates a rationale based on high-quality research findings or positive890
evaluation that such program or practice is likely to improve relevant outcomes, and891
includes ongoing efforts to examine the effects of such program or practice.892
(a)(1)(b)  The State Board The Department of Education shall adopt rules to require that:893
(1)  All all certificated public school personnel receive annual training in youth violence894
and suicide awareness and prevention.  This Such training shall be provided within the895
framework of existing in-service training programs offered or facilitated by the896
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Department of Education, the Department of Behavioral Health and Developmental897
Disabilities, or as part of required professional development offered by a local school898
system or public school; and899
(2)(A)  Beginning in the 2026-2027 school year, and continuing each school year900
thereafter, all public schools serving students in any one of grades six through 12 which901
receive funds in any manner from the state shall provide to students:902
(i)  At least one hour of evidence based suicide awareness and prevention training903
each school year; and904
(ii)  At least one hour of evidence based youth violence prevention training each905
school year.906
(B)  Such training may be delivered in person, remotely, or digitally and may be907
included as part of the health and physical education course of study provided for in908
subsection (c) of Code Section 20-2-142.909
(2)(c)(1)  By January 1, 2026, the The Department of Education shall, in consultation910
with the Department of Behavioral Health and Developmental Disabilities, the Suicide911
Prevention Program established pursuant to Code Section 37-1-27, student violence and912
suicide prevention experts, other youth mental health experts, and elementary and913
secondary school counselors, social workers, and teachers, develop a list of approved914
evidence based training programs and materials to fulfill the requirements of this915
subsection Code section which may include training programs and materials currently916
being used by a local school system or public school if such training programs and917
materials meet any the criteria established by the department.918
(3)(2) Approved training programs and materials shall:919
(A)  Shall include training information on how to identify appropriate mental health920
interventions and services, both within the school and also within the larger community,921
and when and how to refer facilitate such interventions and services for youth and their922
families to those services; and923
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(4)(B)  May Approved materials may include programs and materials that can be924
completed through self-review of suitable student violence and suicide awareness and925
prevention materials approved by the department upon the recommendation of the926
Department of Behavioral Health and Developmental Disabilities.927
(3)  Approved training programs and materials for students shall, at a minimum, teach928
students:929
(A)  How to recognize the observable signs and signals of depression, suicide, and930
self-injury in themselves and their peers;931
(B)  How to recognize the observable warning signs and signals of persons who may932
be at risk of harming themselves or others;933
(C)  The importance of seeking help for themselves and their peers and the process for934
seeking help; and935
(D)  The steps that can be taken to report dangerous, violent, threatening, harmful, or936
potentially harmful behavior.937
(4)  The Department of Education shall make the list of approved training programs and938
materials, including no-cost programming, if any, publicly available on its website and939
shall keep it timely updated by reviewing such list, at a minimum, every 36 months.940
(5)(A)(d)(1) Each local school system board of education or public school governing941
body shall:942
(A)  Adopt policies, rules, and regulations adopt a policy on student suicide awareness943
and prevention.  Such policies, rules, and regulations shall be developed in consultation944
with school and community stakeholders, school employed mental health professionals,945
and suicide prevention experts, and shall, at a minimum, address procedures relating946
to suicide prevention, intervention, and postvention;947
(B) Adopt policies, rules, and regulations for providing relevant and current948
information to students and their families and to school personnel regarding publicly949
available resources for the anonymous reporting of a dangerous, violent, threatening,950
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harmful, or potentially harmful activity which occurs on, or is threatened to occur on,951
school property or which relates to a student or school personnel; and952
(C)  Implement an evidence based youth violence prevention training program to953
instruct students how to recognize the observable warning signs and signals of someone954
who may be at risk of harming himself, herself, or others; the importance of taking955
threats seriously and seeking help; and how to report someone who is at risk, including956
by using the state-wide anonymous reporting program.957
(B)(2) To assist public schools and local school systems in developing their own policies958
for student violence and suicide awareness and prevention, the Department of Education,959
in consultation with the Suicide Prevention Program within the Department of Behavioral960
Health and Developmental Disabilities, shall establish a model policy for use by public961
schools and local school systems in accordance with this Code section.962
(e)  Each local board of education or public school governing body shall require each963
public school that sponsors or otherwise permits student organizations or clubs to designate964
a student-led youth violence prevention club to sustain awareness activities related to965
suicide prevention and violence prevention. Such student violence prevention club,966
including existing clubs, shall:967
(1)  Be open to all members of the student body;968
(2)  Engage in awareness activities related to youth suicide prevention, youth violence969
prevention, and social inclusion;970
(3)  Foster opportunities for student leadership development; and971
(4)  Have at least one administrator, teacher, or other school personnel serve as a faculty972
advisor.973
(f)(1)  By July 1, 2026, each local board of education or public school governing body974
shall develop and operate, or contract with a provider to develop and operate, and make975
available an anonymous reporting program.976
(2)  Such anonymous reporting program shall, at a minimum:977
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(A) Be accessible by any person to report anonymously a dangerous, violent,978
threatening, harmful, or potentially harmful activity which occurs on, or is threatened979
to occur on, school property or which relates to a student or school personnel;980
(B)  Provide support 24 hours per day, seven days per week for anonymous reporting981
through, at a minimum, a mobile telephone application and a multilingual crisis center,982
which shall be staffed by individuals with evidence based counseling and crisis983
intervention training;984
(C)  Promptly forward reported information to the appropriate school based team;985
(D) Support a coordinated response to an identified crisis by schools, local986
emergency 9-1-1 public safety answering points, and local law enforcement agencies987
when response by schools and law enforcement is to be reasonably expected;988
(E)  Require and certify the training of school based teams in each school to receive989
notice of any report submitted to the state-wide anonymous reporting program990
concerning the school, a student, or school personnel;991
(F)  Require and certify the training of local emergency 9-1-1 public safety answering992
point personnel to receive notice of any report submitted to the state-wide anonymous993
reporting program that requires response from a local law enforcement agency;994
(G)  Promote public awareness and education about the state-wide anonymous reporting995
program and its reporting methods, prior to its launch; and996
(H)  Comply with all federal and state laws.997
(3)  The provisions of this subsection shall not apply to any local school system or public998
school that, as of July 1, 2025, has an operating anonymous reporting program that999
substantially complies with the requirements of paragraph (2) of this subsection.1000
(4)  This subsection shall not be construed to interfere with or impede any existing1001
contract any local school system or public school has with a provider to operate an1002
anonymous reporting program; provided, however, that, to the extent that the terms of1003
such contract do not require such provider to operate an anonymous reporting program1004
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in substantial compliance with the requirements of paragraph (2) of this subsection, such1005
contract terms shall not be renewed beyond such contract's current expiration or1006
termination date.1007
(g)  Each local school system and public school shall update its school safety plan required1008
by Code Section 20-2-1185 by including a behavioral threat assessment management plan1009
as provided for in Code Section 20-2-1185.1.1010
(b)(h) No person shall have a cause of action for any loss or damage caused by any act or1011
omission resulting from the implementation of the provisions of this Code section or1012
resulting from any training, or lack thereof, required by this Code section.1013
(c)(i) The training, or lack thereof, required by the provisions of this Code section shall not1014
be construed to impose any specific duty of care."1015
SECTION 2-16.1016
Said chapter is further amended by revising Code Section 20-2-785, relating to referral and1017
assessment to determine whether withdrawal was to limit education, as follows:1018
"20-2-785.1019
(a) In the event that a child student does not for a period of 30 consecutive days attend the1020
public school in which he or she is enrolled or provisionally enrolled and:1021
(1) The parent or guardian of such student does not notify the school of such student's1022
withdrawal from such school;1023
(2)  The parent or guardian of such student does not notify the school of such student's1024
enrollment or intent to enroll in a home study program or another school;1025
(3) Such student is withdrawn from a public such school without a declaration filed1026
pursuant to subsection (c) of Code Section 20-2-690; or1027
(4)  Such student is 16 years of age or older and stops attending such school without1028
completing the conference required under subsection (e) of Code Section 20-2-690.1 and1029
that child stops attending a public school for a period of 45 days, 1030
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the school shall refer the matter to the Division of Family and Children Services of the
1031
Department of Human Services and the RESA student affairs officer of the regional
1032
educational service agency in which such student resides, as provided for in subsection (b)1033
of this Code section.1034
(b)  For each student who meets the requirements of subsection (a) of this Code section,1035
such student's school shall:1036
(1)  Refer the matter to the Division of Family and Children Services to conduct an1037
assessment.  The purpose of such referral and assessment shall be limited to for the1038
purpose of determining whether such withdrawal was to avoid educating the child.1039
Presentation such student; provided, however, that completion of such conference or1040
presentation of a copy of such filed declaration shall satisfy the assessment requirements1041
of this paragraph, and the Division shall immediately terminate the such assessment1042
under this Code section.; and1043
(2)  Refer the matter to the RESA student affairs officer of the regional educational1044
service agency in which such student resides for the purpose of determining whether such1045
student has enrolled in a home study program or another school and, if such student has1046
enrolled in another school, to determine whether such school has received such student's1047
education records from the student's previous schools; provided, however, that, upon1048
receiving notice that such student has enrolled or intends to enroll in a home study1049
program or another school, the referring school shall immediately notify the RESA1050
student affairs officer of the regional educational service agency in which such student1051
resides of such intent or enrollment and if such student has enrolled or intends to enroll1052
in another school, confirm the date by which such student's education records will be1053
released to such student's new school.1054
(c)  Nothing in the Code section shall be construed to prohibit or limit a public school from1055
making reasonable efforts at any time to determine the whereabouts of a student who is1056
withdrawn from such school without a declaration filed pursuant to subsection (c) of Code1057
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Section 20-2-690 or who stops attending such school without providing notice of1058
enrollment or intent to enroll in a home study program or another school or, when such1059
student is 16 years of age or older, without completing the conference required under1060
subsection (e) of Code Section 20-2-690.1.  Such efforts may include, but shall not be1061
limited to:1062
(1)  Contacting the student's parent, guardian, or other legal custodian to inquire of the1063
student's whereabouts and whether such student intends to withdraw from the school or1064
has enrolled or intends to enroll in a home study program or another school;1065
(2)  Directing school personnel, including, but not limited to, school social workers and1066
school security personnel, to conduct a wellness visit at the student's last known1067
residence; and1068
(3)  As appropriate, referring the matter to the county or municipal law enforcement1069
agency having territorial jurisdiction.1070
(d)  Each public school in which a student is enrolled or provisionally enrolled shall1071
compile such student's complete education records and make such records available for1072
immediate release to any person or entity authorized by law to receive such records:1073
(1)  For each student who meets the requirements of subsection (a) of this Code section;1074
and 1075
(2)  Each time the school receives sufficient notice that such student is withdrawing from1076
the school or is enrolling or intends to enroll in a home study program or another school."1077
SECTION 2-17.1078
Said chapter is further amended in Code Section 20-2-786, relating to the "Parents' Bill of1079
Rights," by revising subsection (f) as follows:1080
"(f)  Each governing body shall, in consultation with parents, teachers, and administrators,1081
develop and adopt a policy or regulation to promote parental involvement in the public1082
schools.  Such policy or regulation shall be updated each year by June 1 and posted on each1083
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governing body's public website, and a copy of such policy or regulation shall be available
1084
for review on site upon request by a parent.  Such policy or regulation shall include:1085
(1)  Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670
 for1086
a parent to review records relating to his or her minor child and to request the transfer of1087
such records to another school or a person or entity authorized to receive such records;1088
(2)(A)  Procedures for a parent to learn about his or her minor child's courses of study,1089
including, but not limited to, parental access to instructional materials intended for use1090
in the classroom.  Instructional materials intended for use in his or her minor child's1091
classroom shall be made available for parental review during the review period.  If such1092
instructional materials are not made available by a school or local school system for1093
review online, then they shall be made available for review on site upon a parent's1094
request made during the review period.1095
(B)  Procedures for a parent to object to instructional materials intended for use in his1096
or her minor child's classroom or recommended by his or her minor child's teacher;1097
(3)  Procedures for a parent to withdraw his or her minor child from the school's1098
prescribed course of study in sex education if the parent provides a written objection to1099
his or her minor child's participation.  Such procedures must shall provide for a parent to1100
be notified in advance of such course content so that he or she may withdraw his or her1101
minor child from the course; and1102
(4)  Procedures for a parent to provide written notice that photographs or video or voice1103
recordings of his or her child are not permitted, subject to applicable public safety and1104
security exceptions; and1105
(5)  Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670 for1106
the timely production of a student's education records by such student's current or1107
previous school to another school in which such student has enrolled, intends to enroll,1108
or is considering enrollment."1109
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SECTION 2-18.
1110
Said chapter is further amended by revising Code Section 20-2-1183, relating to written1111
agreement for law enforcement officers in schools, as follows:1112
"20-2-1183.1113
(a)
  When a local school system assigns or employs law enforcement officers in schools,1114
the local board of education shall have a collaborative written agreement with law1115
enforcement officials to establish the role of law enforcement and school employees in1116
school disciplinary matters and ensure coordination and cooperation among officials,1117
agencies, and programs involved in school discipline and public protection.1118
(b)  By October 1, 2025, the collaborative written agreement required by this Code section1119
shall include specific terms and conditions for the handling and disclosure of student1120
education records, student data, and student personally identifiable data, as such terms are1121
defined in Code Section 20-2-662.  Such terms and conditions shall include, but shall not1122
be limited to:1123
(1)  Under what circumstances information regarding a student may or shall be disclosed1124
to a law enforcement officer, a law enforcement agency, a judge or court personnel, or1125
another state or local agency or officer with a legal interest in such information;1126
(2)  Whether any law enforcement officer who is subject to such agreement is or may act1127
as a school official with access to student education records and the personally1128
identifiable information contained therein; and1129
(3)  Whether the law enforcement officers who are subject to such agreement constitute1130
a law enforcement unit, as such term is defined in the federal Family Education Rights1131
and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section 1232g;1132
and 34 C.F.R. Part 99.3; and, if so:1133
(A)  What records shall be handled as law enforcement unit records and are not1134
protected by FERPA; and1135
(B)  What records shall be handled as education records and are protected by FERPA.1136
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(c)  By August 1, 2025, the Department of Education shall publish on its public website1137
model language for the terms and conditions required by this Code section to be available1138
for use by schools and law enforcement officers.  Such model language shall be reviewed1139
and updated from time to time as necessary to comport with the content of the guidance1140
document promulgated by the Department of Education chief privacy officer as provided1141
for in Code Section 20-2-663."1142
SECTION 2-19.1143
Said chapter is further amended in said article by revising subsections (a) and (c) of Code1144
Section 20-2-1185, relating to school safety plans and drills, as follows: 1145
"(a)  Every public school shall prepare a school safety plan to help curb the growing1146
incidence of violence in schools, to respond effectively to such incidents, to address the1147
behavioral health needs of students, and to provide a safe learning environment for1148
Georgia's children, teachers, and other school personnel.  Such plan shall also address1149
preparedness for natural disasters, hazardous materials or radiological accidents, acts of1150
violence, and acts of terrorism.  School safety plans of public schools shall be prepared1151
with input from students enrolled in that school, parents or legal guardians of such students,1152
teachers in that school, community leaders, other school employees and school district1153
employees, and local law enforcement, juvenile court, fire service, public safety, and1154
emergency management agencies.  As part of such plans, public schools shall provide for1155
the coordination with local law enforcement agencies and the local juvenile court system.1156
School safety plans shall include, at a minimum, the following strategy areas:1157
(1)  Training school administrators, teachers, and support staff, including, but not limited1158
to, school resource officers, security officers, secretaries, custodians, and bus drivers, on1159
school violence prevention, school security, school threat assessment, mental health1160
awareness, and school emergency planning best practices;1161
(2)  Evaluating and refining school security measures;1162
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(3)  Updating and exercising school emergency preparedness plans;
1163
(4)  Strengthening partnerships with public safety officials; and
1164
(5)  Creating enhanced crisis communications plans and social media strategies;1165
(6)  Addressing behavioral health needs of students and staff utilizing guidance from the1166
Department of Behavioral Health and Developmental Disabilities; and1167
(7) Developing a behavioral threat assessment and management process and plan1168
utilizing guidance from the Georgia Emergency Management and Homeland Security1169
Agency.1170
School safety plans of private schools may be prepared with input from students enrolled1171
in that school, parents or legal guardians of such students, teachers in that school, other1172
school employees, and local law enforcement, fire service, public safety, and emergency1173
management agencies.  Such plans shall be reviewed and, if necessary, updated annually. 1174
Such plans of public schools shall be submitted to the local emergency management1175
agency, the local law enforcement agency, and the Georgia Emergency Management and1176
Homeland Security Agency, and the Department of Behavioral Health and Developmental1177
Disabilities, as provided for in Code Section 20-2-1185.1, for approval."1178
"(c)  School safety plans prepared by public schools shall address or include:1179
(1) Security security issues in school safety zones as defined in Code1180
Section 16-11-127.1.  School safety plans should also address security;1181
(2)  Security issues involving the transportation of pupils students to and from school and1182
school functions when such transportation is furnished by the school or school system1183
and school functions held during noninstructional hours;1184
(3)  Specific plans to restrict ingress to or egress from all buildings and other facilities1185
located on the school property; and1186
(4)  Specific plans for whether and when each of the following will be locked or actively1187
supervised by school personnel, or both:1188
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(A)  Exterior doors and other access points of all buildings and other facilities located1189
on the school property; and1190
(B)  Doors to all classrooms and other instructional spaces on the school property."1191
SECTION 2-20.1192
Said chapter is further amended in Article 27, relating to loitering at or disrupting schools,1193
by adding a new Code section to read as follows:1194
"20-2-1185.1.1195
(a)  No later than January 1, 2027, each public school safety plan required by Code1196
Section 20-2-1185 shall include provisions that address the behavioral health needs of1197
students and a behavioral threat assessment management plan for providing a structured,1198
multidisciplinary process to identify, assess, and mitigate potential threats while supporting1199
the safety and well-being of students and school personnel.1200
(b)(1)  Such behavioral threat assessment management plans shall be submitted to the1201
Department of Behavioral Health and Developmental Disabilities for approval.1202
(2)  The Department of Behavioral Health and Developmental Disabilities shall provide1203
technical assistance to the Department of Education, regional educational service1204
agencies, and all local school systems and other public schools in this state, including1205
models of service to address the behavioral health needs of students.1206
(3) The Georgia Emergency Management and Homeland Security Agency shall1207
coordinate with the Department of Behavioral Health and Developmental Disabilities1208
with respect to providing training and technical assistance to the Department of1209
Education, regional educational service agencies, and all local school systems and other1210
public schools in this state on the development and implementation of such behavioral1211
threat assessment management plans.1212
(4) The Georgia Emergency Management and Homeland Security Agency shall1213
coordinate with the Department of Behavioral Health and Developmental Disabilities,1214
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with respect to providing the same or similar training and technical assistance to private1215
schools in this state."1216
SECTION 2-21.1217
Said chapter is further amended in said article by adding a new Code section to read as1218
follows:1219
"20-2-1186.1220
(a) Subject to appropriations, the Georgia Emergency Management and Homeland1221
Security Agency shall establish an emergency alert response system to be provided to1222
public elementary and secondary schools in this state that allows a public elementary or1223
secondary school to communicate with local school systems about threats made on or1224
impacting a school campus or emergency procedures initiated upon a school campus due1225
to an active threat to safety.1226
(b) Subject to appropriations, the Georgia Emergency Management and Homeland1227
Security Agency shall establish a secure state-wide alert system for use by public1228
elementary and secondary schools in this state to report and monitor incidents of safety1229
threats made on or impacting a school campus.  The name of any person who threatens the1230
safety of a school shall be included in such system; provided, however, that no student's1231
name shall be entered on any such system until the threat to school safety has been1232
investigated and verified by local law enforcement and the student has been evaluated by1233
a certificated school social worker from the local school system, if any are employed by1234
the local school system.  The Georgia Emergency Management and Homeland Security1235
Agency shall develop standards for determining when a verified threat qualifies for1236
inclusion of a person within the system and a method for petitioning for removal from any1237
system developed pursuant to this subsection.  Any such standards and method may include1238
a required evaluation of the student by a certificated school social worker.  Such alert1239
system shall be accessible only to designated personnel at each public elementary or1240
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secondary school in this state. When a student has been added to the alert system1241
established pursuant to this subsection, the local school system shall provide the parents1242
or guardians of such student with recommendations for counseling or other services."1243
PART III1244
SECTION 3-1.1245
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile1246
code, is amended in Code Section 15-11-2, relating to definitions, by revising division1247
(12)(A)(iii) as follows:1248
"(iii)  Aggravated assault upon an individual or situation described in subsection (d),1249
(h), or (k) of Code Section 16-5-21 or assault with a deadly weapon or with any1250
object, device, or instrument which, when used offensively against a person, actually1251
does result in serious bodily injury, provided that such deadly weapon is not a1252
firearm; and provided, further; provided, however, that such injured person is not a1253
public safety officer as defined in Code Section 16-5-19 and such acts are not1254
prohibited under subsection (c) of Code Section 16-5-21;"1255
SECTION 3-2.1256
Said chapter is further amended by revising Code Section 15-11-560, relating to concurrent1257
and original jurisdiction of superior court relative to delinquency, as follows:1258
"15-11-560.1259
(a) Except as provided in subsection (b) of this Code section, the court shall have1260
concurrent jurisdiction with the superior court over a child who is alleged to have1261
committed a delinquent act which would be considered a crime if tried in a superior court1262
and for which an adult may be punished by loss of life, imprisonment for life without1263
possibility of parole, or confinement for life in a penal institution.1264
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(b)  The superior court shall have exclusive original jurisdiction over the trial of any
1265
child 13 to 17 years of age who is alleged to have committed any of the following offenses:1266
(1)  Murder;1267
(2)  Murder in the second degree;1268
(3)  Voluntary manslaughter;1269
(4)  Rape;1270
(5)  Aggravated sodomy;1271
(6)  Aggravated child molestation;1272
(7)  Aggravated sexual battery;1273
(8)  Armed robbery if committed with a firearm;1274
(9)  Aggravated assault if committed with a firearm upon a public safety officer as such
1275
acts are prohibited under subsection (c) of Code Section 16-5-21; or1276
(10)  Aggravated battery upon a public safety officer as such acts are prohibited under1277
subsection (c) of Code Section 16-5-24;1278
(11) A terroristic act upon a school in violation of subsection (c) of Code1279
Section 20-2-1181.1; or1280
(12)  Attempt to commit murder.1281
(c)  The granting of bail or pretrial release of a child charged with an offense enumerated1282
in subsection (b) of this Code section shall be governed by the provisions of Code1283
Section 17-6-1.1284
(d)  At any time before indictment, the district attorney may, after investigation and for1285
cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged1286
to have committed an offense specified in subsection (b) of this Code section.  Upon1287
declining such prosecution in the superior court, the district attorney shall cause a petition1288
to be filed in the appropriate juvenile court for adjudication within 72 hours if the child1289
is in detention or 30 days if the child is not in detention.  Except as provided in paragraph1290
(8) of subsection (b) of Code Section 15-11-602, any case transferred by the district1291
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attorney to the juvenile court pursuant to this subsection shall be subject to the class A
1292
designated felony act provisions of Code Section 15-11-602, and the transfer of the case1293
from superior court to juvenile court shall constitute notice to such child that such case1294
is subject to the class A designated felony act provisions of Code Section 15-11-602.1295
(e)(1)  After indictment, the superior court may after investigation transfer to the juvenile1296
court any case involving a child 13 to 17 years of age alleged to have committed any act1297
described in paragraph (3), (5), (6), (7), (9), or
 (10), (11), or (12) of subsection (b) of this1298
Code section.  In considering the transfer of such case, the court shall consider the criteria1299
set forth in Code Section 15-11-562.  Any such transfer shall be appealable by the State1300
of Georgia pursuant to Code Section 5-7-1.  Upon such a transfer by the superior court,1301
jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall1302
terminate.1303
(2)  Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602,1304
any case transferred by the superior court to the juvenile court pursuant to this1305
subsection shall be subject to the class A designated felony act provisions of Code1306
Section 15-11-602, and the transfer of the case from superior court to juvenile court1307
shall constitute notice to such child that such case is subject to the class A designated1308
felony act provisions of Code Section 15-11-602.1309
(f)  The superior court may transfer any case involving a child 13 to 17 years of age alleged1310
to have committed any offense enumerated in subsection (b) of this Code section and1311
convicted of a lesser included offense not included in subsection (b) of this Code section1312
to the juvenile court of the county of such child's residence for disposition.  Upon such a1313
transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction1314
of the superior court shall terminate.1315
(g)  Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted1316
of certain offenses over which the superior court has original jurisdiction as provided in1317
subsection (b) of this Code section or adjudicated as a delinquent child on the basis of1318
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conduct which if committed by an adult would constitute such offenses, the superior court
1319
shall provide written notice to the school superintendent or his or her designee of the school1320
in which such child is enrolled or, if the information is known, of the school in which such1321
child plans to be enrolled at a future date.  Such notice shall include the specific criminal1322
offense that such child committed.  The local school system to which such child is assigned1323
may request further information from the court's file.1324
(h)  As used in this Code section, the term 'firearm' means a handgun, rifle, shotgun, or1325
other weapon which will or can be converted to expel a projectile by the action of an1326
explosive or electrical charge."1327
SECTION 3-3.1328
Said chapter is further amended by revising subsection (a) of Code Section 15-11-562,1329
relating to transfer criteria and written report, as follows:1330
"(a)  The criteria that the juvenile court shall consider in determining whether to transfer1331
an alleged delinquent child as set forth in subsection (a) of Code Section 15-11-561 to1332
superior court and the criteria that the superior court shall consider in determining whether1333
to transfer any case involving a child 13 to 17 years of age alleged to have committed any1334
act described in paragraph (3), (5), (6), (7), (9), or
 (10), (11), or (12) of subsection (b) of1335
Code Section 15-11-560 to juvenile court as set forth in subsection (e) of Code1336
Section 15-11-560 includes, but shall not be limited to:1337
(1)  The age of such child;1338
(2)  The seriousness of the alleged offense, especially if personal injury resulted;1339
(3)  Whether the protection of the community requires transfer of jurisdiction;1340
(4)  Whether the alleged offense involved violence or was committed in an aggressive or1341
premeditated manner;1342
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(5)  The impact of the alleged offense on the alleged victim, including the permanence
1343
of any physical or emotional injury sustained, health care
 healthcare expenses incurred,1344
and lost earnings suffered;1345
(6) The culpability of such child including such child's level of planning and1346
participation in the alleged offense;1347
(7)  Whether the alleged offense is a part of a repetitive pattern of offenses which1348
indicates that such child may be beyond rehabilitation in the juvenile justice system;1349
(8)  The record and history of such child, including experience with the juvenile justice1350
system, other courts, supervision, commitments to juvenile institutions, and other1351
placements;1352
(9)  The sophistication and maturity of such child as determined by consideration of his1353
or her home and environmental situation, emotional condition, and pattern of living;1354
(10)  The program and facilities available to the juvenile court in considering disposition;1355
and1356
(11)  Whether or not a child can benefit from the treatment or rehabilitative programs1357
available to the juvenile court."1358
SECTION 3-4.1359
Said chapter is further amended by revising subsection (a) and paragraph (2) of subsection1360
(b) of Code Section 20-2-1181, relating to disrupting operation of public school, school bus,1361
or school bus stop, penalty, and progressive discipline, as follows:1362
"(a)  It shall be unlawful for any person to knowingly, intentionally, or recklessly disrupt1363
or interfere with the operation of any public school, public school bus, or public school bus1364
stop as designated by local boards of education.  For purposes of this Code section, an1365
individual who knowingly, intentionally, or recklessly threatened, whether verbally, in1366
writing, or otherwise, the death of or serious injury to a group of individuals who are, or1367
will likely be, at or within a public school, public school bus, or public school bus stop,1368
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shall be considered to have disrupted or interfered with the operation of such public school,1369
public school bus, or public school bus stop. Except as provided in subsection (b) of this1370
Code section, a person convicted of violating this Code section shall be guilty of a1371
misdemeanor of a high and aggravated nature."1372
"(2)  A local board of education shall develop a system of progressive discipline that may1373
be imposed on a child accused of violating this Code section before initiating a1374
complaint.  Such system of progressive discipline shall include a requirement that when1375
there is a credible accusation that an individual threatened, whether verbally, in writing,1376
or otherwise, the death of or serious injury to a group of individuals, pursuant to1377
subsection (a) of this Code section, who are, or will likely be, at or within a public school1378
that such individual attends, or has attended, the school shall be authorized to temporarily1379
assign such individual to remote learning and provide counseling to such individual and1380
shall initiate an investigation into such violation.  Upon completion of such investigation1381
which results in substantive findings related to such violation, the school may elect to1382
reinstate the individual or impose relevant discipline."1383
SECTION 3-5.1384
Said chapter is further amended in Article 27, relating to loitering at or disrupting schools,1385
by adding a new Code section to read as follows:1386
"20-2-1181.1.1387
(a)  As used in this Code section, the term:1388
(1) 'Hazardous substance' shall have the same meaning as set forth in Code1389
Section 12-8-92.1390
(2)  'Weapon' shall have the same meaning as set forth in Code Section 16-5-44.1.  Such1391
term shall include, but shall not be limited to, each item included in paragraph (4) of1392
subsection (a) of Code Section 16-11-127.1.1393
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(b)  A person commits the offense of a terroristic threat of a school when he or she1394
threatens to commit any crime of violence, release any hazardous substance, or burn or1395
damage property and such threat is made:1396
(1)  With the purpose of terrorizing another who at the time of such threat is physically1397
present:1398
(A)  On public or private school operated property, including, but not limited to, school1399
buildings and school grounds;1400
(B)  On a school bus or other vehicle furnished by a public or private school for the1401
transportation of students; or1402
(C)  At a public or private school sponsored activity;1403
(2)  With the purpose of causing the evacuation of:1404
(A)  Public or private school operated property, including, but not limited to, school1405
buildings and school grounds; or1406
(B)  A school bus or other vehicle furnished by a public or private school for the1407
transportation of students; or1408
(3)  In reckless disregard of the risk of causing the terror or evacuation described in1409
paragraph (1) or (2) of this subsection;1410
provided, however, that no person shall be convicted under this subsection based on the1411
uncorroborated testimony of the party to whom the threat is communicated.1412
(c)  A person commits the offense of a terroristic act upon a school when he or she commits1413
an act of using a weapon or flaming symbol or flambeau, releasing any hazardous1414
substance or any simulated hazardous substance under the guise of a hazardous substance,1415
or, while not in the commission of a lawful act, shooting at a conveyance which is being1416
operated or which is occupied by passengers and such act is committed:1417
(1)  With the purpose of terrorizing another who at the time of such act is physically1418
present:1419
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(A)  On public or private school operated property, including, but not limited to, school1420
buildings and school grounds;1421
(B)  On a school bus or other vehicle furnished by a public or private school for the1422
transportation of students; or1423
(C)  At a public or private school sponsored activity; or1424
(2)  With the purpose of causing the evacuation of:1425
(A)  Public or private school operated property, including, but not limited to, school1426
buildings and school grounds; or1427
(B)  A school bus or other vehicle furnished by a public or private school for the1428
transportation of students.1429
(d)(1)  A person convicted of the offense of a terroristic threat of a school shall be1430
punished as for a misdemeanor; provided, however, that, if the threat suggested the death1431
of any person, the person shall be guilty of a felony and upon conviction thereof shall be1432
punished by a fine of not more than $1,000.00, imprisonment for not less than one nor1433
more than five years, or both; and provided, further, that, if any person suffers a serious1434
physical injury as a direct result of a threat giving rise to a conviction under1435
subsection (b) of this Code section, the person shall be guilty of a felony and upon1436
conviction thereof shall be punished by a fine of not more than $250,000.00,1437
imprisonment for not less than five nor more than 40 years, or both.1438
(2)  A person convicted of the offense of a terroristic act upon a school shall be guilty of1439
a felony and upon conviction thereof shall be punished by a fine of not more1440
than $5,000.00, imprisonment for not less than one nor more than ten years, or both;1441
provided, however, that, if any person suffers a serious physical injury as a direct result1442
of an act giving rise to a conviction under subsection (c) of this Code section, the person1443
shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not1444
more than $250,000.00, imprisonment for not less than five nor more than 40 years, or1445
both."1446
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PART IV.
1447
SECTION 4-1.1448
This Act shall become effective upon its approval by the Governor or upon its becoming law1449
without such approval.  The provisions of Sections 2-8, 3-3, and 3-4 of this Act shall be1450
applicable to any offenses committed on or after the effective date of this Act.1451
SECTION 4-2.1452
All laws and parts of laws in conflict with this Act are repealed.1453
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