Georgia 2025-2026 Regular Session

Georgia House Bill HB268 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 HB 268/AP
2		-	House Bill 268 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Persinger of the 119
4		-	th
5		-	, Efstration of the 104
6		-	th
7		-	, Gaines of the 120
8		-	th
9		-	, Burns
10		-	of the 159
11		-	th
12		-	, Erwin of the 32
13		-	nd
14		-	, and others
	1	+	25 LC 49 2396S
	2	+	The Senate Committee on Judiciary offered the following
	3	+	substitute to HB 268:
15	4		A BILL TO BE ENTITLED
16	5		AN ACT
17		-	To amend Chapter 11 of Title 15, Chapter 2 of Title 20, and Chapter 3 of Title 38 of the
18		-	1
	6	+	To amend Chapter 11 of Title 15, Chapter 2 of Title 20, and Chapter 3 of Title 38 of the1
19	7		Official Code of Georgia Annotated, relating to the juvenile code, elementary and secondary2
20	8		education, and emergency management, respectively, so as to provide for the safety, health,3
21	9		and well-being of students and school communities; to require public schools to implement4
22	10		a mobile panic alert system capable of connecting disparate emergency services technologies5
23	11		to ensure real-time coordination between multiple state and local first responder agencies in6
24	12		the event of a school security emergency; to provide for the implementation of additional7
25	13		strategies or systems; to provide for exceptions; to provide for a short title; to require public8
26	14		schools to procure school mapping data; to provide for requirements of such school mapping9
27	15		data; to authorize the Georgia Emergency Management and Homeland Security Agency to10
28	16		adopt rules and regulations for the requirements for school mapping data; to provide for11
29	17		immunity from civil liability; to provide for the transfer of student records and other12
30	18		information among schools, law enforcement agencies, and other agencies with legal13
31	19		interests in students; to repeal references to the Department of Behavioral Health and14
32	20		Developmental Disabilities as legal custodian of school age children and to make conforming15
33	21		changes; to require memoranda of understanding between certain state agencies and local16
34	22		units of administration to include provisions relevant to the disclosure of student information;17
35	23		to provide for the release of student information from certain state agencies to local units of18
36		-	H. B. 268
37		-	- 1 - 25 HB 268/AP
38		-	administration; to provide for reimbursement grants to local school systems that hire
39		-	19
	24	+	- 1 - 25 LC 49 2396S
	25	+	administration; to provide for reimbursement grants to local school systems that hire19
40	26		qualified student advocacy specialists; to provide for minimum qualification and essential20
41	27		duties of such qualified student advocacy specialists; to authorize RESAs to participate in21
42	28		dispute resolution procedures; to provide for the designation of RESA student affairs22
43	29		officers; to provide for the Department of Education's chief privacy officer to promulgate a23
44	30		guidance document relevant to sharing student records and other information; to provide for24
45	31		the release of student education records by local boards of education and local education25
46	32		agencies; to provide for certain student education records to be deemed critical records; to26
47	33		provide for the transfer of student education records, including critical records, to receiving27
48	34		schools; to provide for required disclosures; to provide for provisional enrollment at28
49	35		receiving schools; to provide for the transfer of students seeking enrollment in any grade29
50	36		higher than third grade; to provide for case management consultations; to provide for policies30
51	37		and implementation; to require positive behavioral interventions and supports and response31
52	38		to intervention programs and initiatives for certain low-performing elementary and secondary32
53	39		and middle schools; to provide for school administrators to disclose certain information33
54	40		regarding students with the students' assigned classroom teachers; to provide for such34
55	41		information to remain confidential; to provide for reports of law enforcement official35
56	42		encounters with school age youth; to prohibit policies which deny or effectively prevent36
57	43		parents and legal custodians from reviewing certain education records; to provide for37
58	44		statutory construction regarding the disclosure of certain education records; to provide for38
59	45		local boards of education to petition courts to require parents to authorize the release of a39
60	46		transferring student's education records; to provide for evidence based suicide awareness and40
61	47		training programs and a state-wide anonymous reporting program; to provide for evidence41
62	48		based youth violence prevention training programs; to provide for student violence42
63	49		prevention clubs; to provide for local policies for anonymous reporting; to provide for43
64	50		mandatory assessments when certain students withdraw from or stop attending school; to44
65	51		update the "Parents' Bill of Rights"; to require written agreements for law enforcement45
66		-	H. B. 268
67		-	- 2 - 25 HB 268/AP
68		-	officers in schools to include specific terms and conditions relevant to the handling and
69		-	46
	52	+	- 2 - 25 LC 49 2396S
	53	+	officers in schools to include specific terms and conditions relevant to the handling and46
70	54		disclosure of student information; to require the Department of Education to publish model47
71	55		terms and conditions; to revise provisions for school safety plans; to require public school48
72	56		safety plans to address the behavioral health needs of students; to provide for the Georgia49
73	57		Emergency Management and Homeland Security Agency to establish an emergency alert50
74	58		response system and a secure state-wide alert system; to provide for an emergency alert51
75	59		response system; to revise a provision relating to the use of a deadly weapon; to provide for52
76	60		additional offenses over which superior courts are authorized to exercise exclusive original53
77	61		jurisdiction for the trials of children 13 to 17 years of age to include the offenses of certain54
78	62		terroristic acts involving public and private schools and attempt or criminal conspiracy to55
79	63		commit certain offenses; to repeal a provision that limited superior courts from exercising56
80	64		exclusive original jurisdiction over the trials of children 13 to 17 years of age alleged to have57
81	65		committed aggravated assault only in certain cases involving the use of a firearm upon a58
82	66		public safety officer; to provide for which such cases shall be subject to the class A59
83	67		designated felony act provisions of Code Section 15-11-602 upon transfer to a juvenile court;60
84	68		to make conforming changes by including such additional offenses in the list of offenses for61
85	69		which juvenile and superior courts shall consider certain criteria when determining whether62
86	70		to transfer cases; to establish the elements of a particular offense of disrupting or interfering63
87	71		with the operation of a public school, public school bus, or public school bus stop; to provide64
88	72		for progressive discipline; to provide for the criminal offenses of terroristic threat of a school65
89	73		and terroristic act upon a school; to provide for penalties; to provide for definitions; to66
90	74		provide for related matters; to provide for an effective date and applicability; to repeal67
91	75		conflicting laws; and for other purposes.68
92	76		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:69
93		-	H. B. 268
94		-	- 3 - 25 HB 268/AP
95		-	PART I
96		-	70
	77	+	- 3 - 25 LC 49 2396S
	78	+	PART I70
97	79		SECTION 1-1.71
98	80		Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and72
99	81		secondary education, is amended in Article 11, relating to public school property and73
100	82		facilities, by adding a new part to read as follows:74
101		-	"Part 4
102		-	75
	83	+	"Part 475
103	84		20-2-590.76
104	85		This part shall be known and may be cited as 'Ricky and Alyssa's Law.'77
105	86		20-2-591.78
106	87		(a) Not later than July 1, 2026, each public school shall implement a mobile panic alert79
107	88		system capable of:80
108	89		(1) Connecting disparate emergency services technologies to ensure real-time81
109	90		coordination between multiple local and state law enforcement and first responder82
110	91		agencies. Such system shall be known as 'Alyssa's Alert' and shall integrate with the83
111	92		technology used in each local public safety answering point, including, but not limited84
112	93		to, Next Generation 9-1-1, as such term is defined in Code Section 38-3-181, to85
113	94		transmit 9-1-1 calls and mobile activations; and86
114	95		(2) Integrating with the school mapping data required in Code Section 38-3-154.87
115	96		(b) In addition to the requirements of subsection (a) of this Code section, each local school88
116	97		system may implement additional strategies or systems to ensure real-time coordination89
117	98		between multiple first responder agencies in the event of a school security emergency.90
118	99		(c) No local school system shall be required to procure or implement new or additional91
119	100		capabilities if, as of July 1, 2026, such local school system has a functioning mobile panic92
120		-	H. B. 268
121		-	- 4 - 25 HB 268/AP
	101	+	- 4 - 25 LC 49 2396S
122	102		alert system in place with capabilities that meet the requirements of subsection (a) of this93
123	103		Code section."94
124	104		SECTION 1-2.95
125	105		Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency96
126	106		management, is amended in Article 10, relating to state-wide first responder building97
127	107		mapping information system, by adding a new paragraph to Code Section 38-3-151, relating98
128	108		to definitions, to read as follows:99
129	109		"(4) 'School mapping data' means building information, floor plans, and aerial imagery100
130	110		of any public or private school."101
131	111		SECTION 1-3.102
132	112		Said chapter is further amended in said article by adding a new Code section to read as103
133	113		follows:104
134	114		"38-3-154.105
135	115		(a) Not later than July 1, 2026, each public school shall procure school mapping data106
136	116		which shall:107
137	117		(1) Be in formats that conform to and integrate with software platforms utilized in local108
138	118		public safety answering points and by local, state, and federal public safety agencies that109
139	119		respond to emergencies at schools and that do not require such agencies to purchase110
140	120		additional software or provide payment in order to view or access such data;111
141	121		(2) Be in formats capable of being printed, shared electronically, and, if requested,112
142	122		digitally integrated into interactive mobile platforms;113
143	123		(3) Be verified for accuracy by July 1 each year by the entity producing such school114
144	124		mapping data by means of an in-person inspection of each school;115
145		-	H. B. 268
146		-	- 5 - 25 HB 268/AP
	125	+	- 5 - 25 LC 49 2396S
147	126		(4) Identify and label access points of each building interior, including, but not limited116
148	127		to, rooms, doors, stairwells, and hallways, each of which shall include any identifiers or117
149	128		names utilized by staff and students;118
150	129		(5) Identify and label locations of critical utilities, key boxes, automated external119
151	130		defibrillators, and trauma kits or other emergency response aids; and120
152	131		(6) Identify and label areas at or near each school, including parking areas, athletic fields,121
153	132		surrounding roads, outbuildings, and neighboring properties.122
154	133		(b) Any future updates to school mapping data provided for in this Code section shall123
155	134		conform to and integrate with software platforms utilized in local public safety answering124
156	135		points and by local, state, and federal public safety agencies that provide emergency125
157	136		services to each school.126
158	137		(c) The agency shall be authorized to develop rules and regulations for the requirements127
159	138		for school mapping data, including, but not limited to, standards for the use of school128
160	139		mapping data, encryption of such data, and transmission of such data over secure methods129
161	140		to law enforcement officers, firefighters, and other authorized emergency first responders.130
162	141		(d) Local school systems shall collaborate with and receive concurrence from its primary131
163	142		local law enforcement agency prior to procuring school mapping data to ensure such school132
164	143		mapping data meets the requirements of this Code section.133
165	144		(e) Information provided to the agency under this Code section shall be exempt from134
166	145		public disclosure to the extent provided in Code Section 50-18-72.135
167	146		(f)(1) Local boards of education, local school systems, public schools, and local136
168	147		governments and agencies shall be immune from civil liability for any damages arising137
169	148		out of the creation and use of the school mapping data.138
170	149		(2) Employees of local boards of education, local school systems, and local governments139
171	150		and agencies shall be immune from civil liability for any damages arising out of the140
172	151		creation and use of the school mapping data unless it is shown that such employee acted141
173	152		with gross negligence or bad faith."142
174		-	H. B. 268
175		-	- 6 - 25 HB 268/AP
176		-	PART II
177		-	143
	153	+	- 6 - 25 LC 49 2396S
	154	+	PART II143
178	155		SECTION 2-1.144
179	156		Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and145
180	157		secondary education, is amended in Code Section 20-2-133, relating to free public146
181	158		instruction, exceptions, eligibility, and procedure and requirements when child in custody of147
182	159		or in a placement or facility of a state agency, by revising subsection (b) as follows:148
183	160		"(b)(1)(A) Any child, except as otherwise specifically provided in subparagraph (D)149
184	161		of this paragraph, who is:150
185	162		(i) In the physical or legal custody of the Department of Juvenile Justice or the151
186		-	Department of Human Services or any of its divisions, including, but not limited to,
187		-	152
	163	+	Department of Human Services or any of its divisions, including, but not limited to,152
188	164		the Division of Family and Children Services;153
189	165		(ii) In a placement operated by the Department of Human Services or the Department154
190	166		of Behavioral Health and Developmental Disabilities;155
191	167		(iii) In a facility or placement paid for by the Department of Juvenile Justice, the156
192	168		Department of Human Services or any of its divisions, or the Department of157
193	169		Behavioral Health and Developmental Disabilities including, but not limited to, the158
194	170		Division of Family and Children Services; or159
195	171		(iv) Placed in a psychiatric residential treatment facility by his or her parent or legal160
196	172		guardian pursuant to a physician's order, if such child is not a home study, private161
197	173		school, or out-of-state student162
198	174		and who is physically present within the geographical area served by a local unit of163
199	175		administration for any length of time is eligible for enrollment in the educational164
200	176		programs of that local unit of administration; provided, however, that the child meets165
201	177		the age eligibility requirements established by this article. Except for children who are166
202	178		committed to the Department of Juvenile Justice and receiving education services under167
203	179		Code Section 20-2-2084.1, the local unit of administration of the school district in168
204		-	H. B. 268
205		-	- 7 - 25 HB 268/AP
206		-	which such child is present shall be responsible for the provision of all educational
207		-	169
	180	+	- 7 - 25 LC 49 2396S
	181	+	which such child is present shall be responsible for the provision of all educational169
208	182		programs, including special education and related services, at no charge so long as the170
209	183		child is physically present in the school district.171
210	184		(B) A child shall be considered in the physical or legal custody of the Department of172
211		-	Juvenile Justice or the Department of Human Services or any of its divisions, including,
212		-	173
	185	+	Juvenile Justice or the Department of Human Services or any of its divisions, including,173
213	186		but not limited to, the Division of Family and Children Services, if custody has been174
214	187		awarded either temporarily or permanently by court order or by voluntary agreement,175
215	188		or if the child has been admitted or placed according to an individualized treatment or176
216	189		service plan of the Department of Human Services or the Division of Family and177
217	190		Children Services. A child shall be considered in a facility or placement paid for or178
218	191		operated by the Department of Behavioral Health and Developmental Disabilities if the179
219	192		child has been admitted or placed according to an individualized treatment or service180
220	193		plan of the Department of Behavioral Health and Developmental Disabilities or its181
221	194		contractors.182
222	195		(C) A facility providing educational services onsite to a child described in183
223	196		subparagraph (A) of this paragraph who is unable to leave such facility shall enter into184
224	197		a memorandum of understanding with the local unit of administration in which the185
225	198		facility is located. Such memorandum of understanding shall include, at a minimum,186
226	199		provisions regarding enrollment counting procedures, allocation of funding based on187
227	200		actual days of enrollment in the facility, and the party responsible for employing188
228	201		teachers, and the respective rights and responsibilities of the parties relative to the189
229	202		disclosure of the child's education records. A memorandum of understanding shall be190
230	203		reviewed and renewed at least every two years; provided, however, that, if any191
231	204		memorandum of understanding in place on July 1, 2025, does not include such192
232	205		provisions regarding the respective rights and responsibilities of the parties relative to193
233	206		the disclosure of the child's education records, such memorandum of understanding194
234	207		shall be reviewed and updated by no later than October 1, 2025.195
235		-	H. B. 268
236		-	- 8 - 25 HB 268/AP
237		-	(D) No child in a secure residential facility as defined in Code Section 15-11-2,
238		-	196
	208	+	- 8 - 25 LC 49 2396S
	209	+	(D) No child in a secure residential facility as defined in Code Section 15-11-2,196
239	210		regardless of his or her custody status, shall be eligible for enrollment in the educational197
240	211		programs of the local unit of administration of the school district in which such facility198
241	212		is located. No child or youth in the custody of the Department of Corrections or the199
242	213		Department of Juvenile Justice and confined in a facility as a result of a sentence200
243	214		imposed by a court shall be eligible for enrollment in the educational programs of the201
244	215		local unit of administration of the school district where such child or youth is being202
245	216		held; provided, however, that such child or youth may be eligible for enrollment in a203
246	217		state charter school pursuant to Code Section 20-2-2084.1.204
247	218		(2) Except as otherwise provided in this Code section, placement in a facility by another205
248	219		local unit of administration shall not create an obligation, financial or otherwise, on the206
249	220		part of the local unit of administration in which the facility is located to educate the child.207
250	221		(3) For any child described in subparagraph (A) of paragraph (1) of this subsection, the208
251	222		custodian of or placing agency for the child shall notify the appropriate local unit of209
252	223		administration at least five days in advance of the move, when possible, when the child210
253	224		is to be moved from one local unit of administration to another.211
254	225		(4) When the custodian of or placing agency for any child notifies a local unit of212
255	226		administration, as provided in paragraph (3) of this subsection, that the child may become213
256	227		eligible for enrollment in the educational programs of a local unit of administration, such214
257		-	local unit of administration shall request the transfer of the educational
258		-	education records215
	228	+	local unit of administration shall request the transfer of the educational education records215
259	229		and Individualized Education Programs and all education related evaluations,216
260	230		assessments, social histories, and observations of the child from the appropriate local unit217
261	231		of administration no later than ten five school business days after receiving notification. 218
262	232		Notwithstanding any other law to the contrary, the custodian of the records has the219
263	233		obligation to transfer these such records and the local unit of administration has the right220
264	234		to receive, review, and utilize these such records. Notwithstanding any other law to the221
265	235		contrary, upon the request of a local unit of administration responsible for providing222
266		-	H. B. 268
267		-	- 9 - 25 HB 268/AP
268		-	educational services to a child described in subparagraph (A) of paragraph (1) of this
269		-	223
270		-	subsection, the Department of Juvenile Justice, the Department of Behavioral Health and
271		-	224
	236	+	- 9 - 25 LC 49 2396S
	237	+	educational services to a child described in subparagraph (A) of paragraph (1) of this223
	238	+	subsection, the Department of Juvenile Justice, the Department of Behavioral Health and224
272	239		Developmental Disabilities, or the Department of Human Services, or the Division of225
273	240		Family and Children Services shall furnish to the local unit of administration all medical226
274	241		and educational education records in the possession of the Department of Juvenile227
275	242		Justice, the Department of Behavioral Health and Developmental Disabilities, or the228
276	243		Department of Human Services, or the Division of Family and Children Services229
277	244		pertaining to any such child, except where consent of a parent or legal guardian is230
278	245		required in order to authorize the release of any of such records, in which event the231
279	246		Department of Juvenile Justice, the Department of Behavioral Health and Developmental232
280	247		Disabilities, or the Department of Human Services shall obtain such consent from the233
281	248		parent or guardian prior to such release. Such records shall include, but shall not be234
282	249		limited to, any record that such student:235
283	250		(A) Has ever been adjudicated delinquent of the commission of a class A designated236
284	251		felony act or class B designated felony act, as defined in Code Section 15-11-2 and, if237
285	252		so, the date of such adjudication, the offense committed, the jurisdiction in which such238
286	253		adjudication was made, and the sentence imposed;239
287	254		(B) Is currently serving a short-term suspension, a long-term suspension, or an240
288	255		expulsion from another school, the reason for such discipline, and the term of such241
289	256		discipline;242
290	257		(C) Is currently the subject of a notice of a disciplinary hearing pursuant to Code243
291	258		Section 20-2-754; or244
292	259		(D) Is currently or has ever been the subject of a:245
293	260		(i) Notice of a report of criminal action made pursuant to Code Section 20-2-756;246
294	261		(ii) Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765;247
295	262		(iii) Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;248
296	263		or249
297		-	H. B. 268
298		-	- 10 - 25 HB 268/AP
	264	+	- 10 - 25 LC 49 2396S
299	265		(iv) Report of the commission of a prohibited act made pursuant to Code250
300	266		Section 20-2-1184.251
301	267		(5) In the event that the Department of Juvenile Justice, the Department of Human252
302	268		Services, or the Division of Family and Children Services contends that any record253
303	269		provided for in paragraph (4) of this subsection cannot be released without consent of a254
304	270		parent or legal guardian, such agency shall:255
305	271		(A) Within five school business days after receiving a request for records under this256
306	272		subsection:257
307	273		(i) Release all records not subject to such restriction;258
308	274		(ii) Provide in writing to the local unit of administration and the RESA student affairs259
309	275		officer of the RESA in which such local unit of administration is located a list that260
310	276		identifies each record that such agency contends is subject to such restriction and the261
311	277		legal basis for such restriction; and262
312	278		(iii) Initiate both verbal and written contact with the parent or legal guardian to obtain263
313	279		consent which the agency contends is required; and264
314	280		(B) Upon receipt of the consent provided for in division (5)(A)(iii) of this subsection,265
315	281		immediately release the subject record to the local unit of administration.266
316	282		(6)(A) In the event that an agency contends that releasing, in whole or in part, a267
317	283		student's records as required by this Code section would be unlawful, such agency shall268
318	284		promptly provide a written notice of dispute to the RESA student affairs officer of the269
319	285		RESA in which the local unit of administration is located.270
320	286		(B) In the event that a local unit of administration contends that a student's records, in271
321	287		whole or in part, have been unlawfully or unduly withheld from release by a sending272
322	288		school, such local unit of administration shall promptly provide a written notice of273
323	289		dispute to the RESA student affairs officer of the RESA in which the local unit of274
324	290		administration is located.275
325		-	H. B. 268
326		-	- 11 - 25 HB 268/AP
	291	+	- 11 - 25 LC 49 2396S
327	292		(C)(i) Upon receipt of a notice of dispute from an agency as provided for in276
328	293		subparagraph (A) of this paragraph or from a local unit of administration as provided277
329	294		in subparagraph (B) of this paragraph, the RESA student affairs officer shall be278
330	295		authorized to work in coordination with any sending school, any receiving school, any279
331	296		other requestor, and the parent or legal custodian of the student whose records are the280
332	297		subject of such notice to resolve any dispute by providing technical assistance and281
333	298		guidance as to the respective rights and responsibilities of each of the parties to the282
334	299		dispute.283
335	300		(ii) To the extent that such efforts to resolve the dispute are not successful, the RESA284
336	301		student affairs officer shall provide a written notice of noncompliance to any party to285
337	302		such dispute which the RESA student affairs officer reasonably contends is286
338	303		noncompliant with the requirements of this paragraph. Such written notice of287
339	304		noncompliance shall include a recommended corrective action to resolve288
340	305		noncompliance. The RESA student affairs officer shall report such noncompliance289
341	306		to the director of the RESA.290
342	307		(iii) Upon being notified of a noncompliance as provided for in division (ii) of this291
343	308		subparagraph, the RESA director shall be authorized to attempt to resolve the dispute292
344	309		and to report noncompliance to the Office of the Attorney General and the293
345	310		Department of Education's chief privacy officer.294
346	311		(D) For the limited purposes provided for in this subsection, RESA student affairs295
347	312		officers and RESA directors shall be authorized to review the education records that are296
348	313		the subject of a notice of dispute provided for in this subsection.297
349	314		(5)(7) Any local unit of administration which serves a child pursuant to subparagraph (A)298
350	315		of paragraph (1) of this subsection shall receive in the form of annual grants in state299
351	316		funding for that child the difference between the actual state funds received for that child300
352	317		pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred301
353	318		in educating that child, calculated pursuant to regulations adopted by the State Board of302
354		-	H. B. 268
355		-	- 12 - 25 HB 268/AP
356		-	Education. Each local board of education shall be held harmless by the state from
357		-	303
	319	+	- 12 - 25 LC 49 2396S
	320	+	Education. Each local board of education shall be held harmless by the state from303
358	321		expending local funds for educating students pursuant to this Code section; provided,304
359	322		however, that this shall only apply to students who are unable to leave the facility in305
360	323		which they have been placed.306
361		-	(6)
362		-	(8) Enrollment of an eligible child pursuant to this Code section shall be effectuated307
	324	+	(6)(8) Enrollment of an eligible child pursuant to this Code section shall be effectuated307
363	325		in accordance with rules and regulations adopted by the State Board of Education.308
364	326		(7)(9) For purposes of the accountability program provided for in Part 3 of Article 2 of309
365	327		Chapter 14 of this title, all facilities serving children described in subparagraph (A) of310
366	328		paragraph (1) of this subsection shall be, consistent with department rules and311
367	329		regulations, treated as a single local education agency; provided, however, that this312
368	330		paragraph shall not be construed to alleviate any responsibilities of the local unit of313
369	331		administration of the school district in which any such children are physically present for314
370	332		the provision of education for any such children.315
371	333		(8)(10) The Department of Education, the State Charter Schools Commission, the316
372	334		Department of Human Services, the Division of Family and Children Services, the317
373	335		Department of Juvenile Justice, the Department of Behavioral Health and Developmental318
374	336		Disabilities, and the local units of administration where Department of Education, State319
375	337		Charter Schools Commission, Department of Juvenile Justice, Department of Behavioral320
376	338		Health and Developmental Disabilities, or Department of Human Services, or Division321
377	339		of Family and Children Services placements, facilities, or contract facilities are located322
378	340		shall jointly develop procedures binding on all agencies implementing the provisions of323
379	341		this Code section applicable to children and youth in the physical or legal custody of the324
380	342		Department of Juvenile Justice, under the care or physical or legal custody of the325
381	343		Department of Human Services or the Division of Family and Children Services, or under326
382	344		the physical custody of the Department of Behavioral Health and Developmental327
383	345		Disabilities."328
384		-	H. B. 268
385		-	- 13 - 25 HB 268/AP
386		-	SECTION 2-2.
387		-	329
	346	+	- 13 - 25 LC 49 2396S
	347	+	SECTION 2-2.329
388	348		Said chapter is further amended in Part 5 of Article 6, relating to program weights and330
389	349		funding requirements under the "Quality Basic Education Act," by adding a new Code331
390	350		section to read as follows:332
391		-	"20-2-192.
392		-	333
	351	+	"20-2-192.333
393	352		(a) As used in this Code section, the term 'qualified student advocacy specialist' means an334
394	353		individual employed by a local school system whose beginning salary and benefits are335
395	354		eligible for reimbursement grants under this Code section.336
396	355		(b) Subject to appropriations by the General Assembly, the State Board of Education shall337
397	356		provide grants to local school systems for the purpose of reimbursing local school systems338
398	357		for expenditures sufficient to pay the beginning salaries and benefits of qualified student339
399	358		advocacy specialists employed by such local school systems.340
400	359		(c) Under such grant program, local school systems shall be eligible for reimbursement for341
401	360		an amount equal to the beginning salary and benefits of:342
402	361		(1) One qualified student advocacy specialist for local school systems with a full-time343
403	362		equivalent enrollment of fewer than 18,000 students;344
404	363		(2) Two qualified student advocacy specialists for local school systems with a full-time345
405	364		equivalent enrollment of 18,000 to 36,000 students; or346
406	365		(3) Three qualified student advocacy specialists for local school systems with a full-time347
407	366		equivalent enrollment of more than 36,000 students.348
408	367		(d) By December 31, 2025, the State Board of Education shall establish policies, rules, and349
409	368		regulations necessary for the implementation of this Code section, including, but not350
410	369		limited to, the process by which local school systems shall request and receive such grant351
411	370		funds. Such policies, rules, and regulations shall condition the receipt of such grant funds352
412	371		on the local school system's compliance with all applicable provisions of Code353
413	372		Section 20-2-1185.354
414		-	H. B. 268
415		-	- 14 - 25 HB 268/AP
	373	+	- 14 - 25 LC 49 2396S
416	374		(e) By December 31, 2025, the Department of Behavioral Health and Developmental355
417	375		Disabilities, in consultation with the Department of Education, shall establish the essential356
418	376		duties and minimum qualifications for qualified student advocacy specialists hired by local357
419	377		school systems. Such minimum qualifications shall be established so as to maximize358
420	378		opportunities for local school systems to hire qualified student advocacy specialists capable359
421	379		of performing such essential duties, which shall include, but shall not be limited to:360
422	380		(1) Coordinating the efforts of the local school system to identify and facilitate361
423	381		appropriate interventions for students with or at risk for mental health concerns,362
424	382		including, but not limited to, telehealth services;363
425	383		(2) Coordinating, documenting, evaluating, and reporting the outcomes of Tier 1 and364
426	384		Tier 2 behavioral health training programs and materials of the local school system,365
427	385		including, but not limited to, such training programs and materials as provided for in366
428	386		Code Section 20-2-779.1; and367
429	387		(3) Attending information and training meetings relating to school safety and student368
430	388		behavioral health provided or facilitated by the Georgia Emergency Management and369
431	389		Homeland Security Agency or the Department of Behavioral Health and Developmental370
432	390		Disabilities.371
433	391		(f) This Code section shall not apply to the Department of Juvenile Justice or its school372
434	392		system.373
435	393		(g) Nothing in the Code section shall be construed to prohibit local school systems from374
436	394		hiring or contracting with student advocacy specialists using other funds available for such375
437	395		purpose."376
438	396		SECTION 2-3.377
439	397		Said chapter is further amended in Code Section 20-2-270, relating to establishment of a378
440	398		state-wide network, by revising subsection (a) as follows:379
441		-	H. B. 268
442		-	- 15 - 25 HB 268/AP
	399	+	- 15 - 25 LC 49 2396S
443	400		"(a)(1) The State Board of Education shall establish a state-wide network of regional380
444	401		educational service agencies for the purposes of: providing shared services designed to381
445	402		improve the effectiveness of educational programs and services to local school systems382
446	403		and state charter schools; providing instructional programs directly to selected public383
447	404		school students in the state; providing dispute resolution services relating to sharing384
448	405		student education records; providing services pursuant to Code Section 20-2-785; and385
449	406		providing Georgia Learning Resources System services.386
450	407		(2) The regional educational service agencies established by the state board may legally387
451	408		be referred to as 'RESA' or 'RESA's 'RESAs'."388
452	409		SECTION 2-4.389
453	410		Said chapter is further amended in Part 11 of Article 6, relating to regional educational390
454	411		service agencies, by adding a new Code section to read as follows:391
455	412		"20-2-270.2.392
456	413		(a) Each regional educational service agency shall be authorized to provide dispute393
457	414		resolution services to local education agencies, local units of administration, and public394
458	415		and private schools located within the service area of such regional educational service395
459	416		agency and to the Department of Juvenile Justice, the Department of Human Services, and396
460	417		the Division of Family and Children Services.397
461	418		(b) Each regional educational service area director shall designate one staff member as398
462	419		RESA student affairs officer.399
463	420		(c) The chief privacy officer designated by the State School Superintendent pursuant to400
464	421		Code Section 20-2-663 shall provide technical assistance and guidance to support RESA401
465	422		student affairs officers and directors in complying with the requirements of this Code402
466	423		section."403
467		-	H. B. 268
468		-	- 16 - 25 HB 268/AP
469		-	SECTION 2-5.
470		-	404
	424	+	- 16 - 25 LC 49 2396S
	425	+	SECTION 2-5.404
471	426		Said chapter is further amended in Code Section 20-2-662, relating to definitions relative to405
472	427		student data privacy, accessibility, and transparency, by adding new paragraphs to read as406
473	428		follows:407
474		-	"(6.1) 'Legal custodian' means an entity or individual other than a parent with legal
475		-	408
	429	+	"(6.1) 'Legal custodian' means an entity or individual other than a parent with legal408
476	430		authority to act on behalf of a student. Such term shall include the Department of409
477	431		Juvenile Justice, the Department of Human Services, and the Division of Family and410
478	432		Children Services.411
479	433		(6.2) 'Local board of education' means the governing body of each local education412
480	434		agency as such terms are defined in Code Section 20-2-167.1. Such term shall include413
481	435		the Department of Juvenile Justice school system."414
482	436		"(8.1) 'Parent' means an individual other than a legal custodian who has legal authority415
483	437		to act on behalf of a student as a natural or adoptive parent or a legal guardian."416
484	438		SECTION 2-6.417
485	439		Said chapter is further amended in Code Section 20-2-663, relating to designation and role418
486	440		of chief privacy officer, by adding a new subsection to read as follows:419
487	441		"(c)(1) In consultation with the Attorney General's office, the chief privacy officer shall420
488	442		promulgate for all regional educational service agencies, all local education agencies, all421
489	443		elementary and secondary schools in this state, the Department of Juvenile Justice (DJJ)422
490	444		school system, the Department of Human Services (DHS), the Division of Family and423
491	445		Children Services (DFCS), and the Department of Defense Education Activity (DoDEA)424
492	446		a guidance document that shall address, but shall not be limited to, the following topics:425
493	447		(A) The current state and federal laws applicable to local education agencies and426
494	448		elementary and secondary schools in this state, DJJ, DHS, DFCS, and DoDEA intended427
495	449		to protect the privacy of student education records, student health records, student data,428
496	450		and the personally identifiable information of students and their families;429
497		-	H. B. 268
498		-	- 17 - 25 HB 268/AP
	451	+	- 17 - 25 LC 49 2396S
499	452		(B) The application of the federal Family Educational Rights and Privacy Act430
500	453		(FERPA) to local education agencies and elementary and secondary schools in this431
501	454		state, DJJ, DHS, DFCS, and DoDEA, including what information is and is not covered432
502	455		under FERPA;433
503	456		(C) What student education records and student health records can be shared with other434
504	457		educators, other schools, DJJ, DHS, DFCS, and DoDEA;435
505	458		(D) What information about a student a local education agency, an elementary or436
506	459		secondary school, DJJ, DHS, DFCS, and DoDEA is permitted or required to share with437
507	460		a law enforcement officer, a law enforcement agency, a judge or court personnel, or438
508	461		another state or local agency or officer with a legal interest in such student; and439
509	462		(E) What information about a student a law enforcement officer, a law enforcement440
510	463		agency, a judge or court personnel, or another state or local agency with a legal interest441
511	464		in such student is permitted or required to share with a local education agency, an442
512	465		elementary or secondary school, DJJ, DHS, DFCS, or DoDEA.443
513	466		(2)(A) The guidance document required by paragraph (1) of this subsection shall be444
514	467		issued by December 31, 2025, and shall be reviewed and updated by July 1 each year445
515	468		and at any other time as necessary to ensure the information included in such guidance446
516	469		document is accurate.447
517	470		(B) Each time the guidance document required by paragraph (1) of this subsection is448
518	471		issued or updated, it shall be posted on the department's public website along with449
519	472		responses to common or frequently asked questions relevant to the topics included in450
520	473		such guidance document.451
521	474		(3) The chief privacy officer shall consult with experts and authorities as appropriate to452
522	475		meet the requirements of this subsection."453
523		-	H. B. 268
524		-	- 18 - 25 HB 268/AP
525		-	SECTION 2-7.
526		-	454
	476	+	- 18 - 25 LC 49 2396S
	477	+	SECTION 2-7.454
527	478		Said chapter is further amended in Code Section 20-2-667, relating to parental and student455
528	479		review of education records and model policies, by revising subsection (c) as follows:456
529		-	"(c)(1) Except as provided in paragraph (2) of this subsection, each local board of
530		-	457
	480	+	"(c)(1) Except as provided in paragraph (2) of this subsection, each local board of457
531	481		education shall immediately provide an electronic copy of a student's complete education458
532	482		record to any parent, legal custodian, or another person or entity legally authorized to459
533	483		receive such records upon request and under no circumstances later than 5:00 P.M. on the460
534	484		third business day following the date of such request.461
535	485		(2) In the event that any portion of such student's education record is not maintained in462
536	486		electronic format, the local board of education shall provide an electronic copy of all of463
537	487		the student's education records available in electronic format in compliance with464
538	488		paragraph (1) of this subsection and shall, no later than 5:00 P.M. on the third business465
539	489		day following the date of the request for such records, notify the requestor when copies466
540	490		of the remainder of such student's education records will be ready for retrieval. Local467
541	491		boards of education shall provide a parent or guardian with an electronic copy of his or468
542	492		her child's education record upon request, unless the local board of education does not469
543	493		maintain a record in electronic format and reproducing the record in an electronic format470
544	494		would be unduly burdensome."471
545	495		SECTION 2-8.472
546	496		Said chapter is further amended by repealing Code Section 20-2-670, relating to473
547	497		requirements for transferring students beyond sixth grade, conditional admission, and474
548	498		compliance, in its entirety and enacting a new Code section to read as follows:475
549	499		"20-2-670.476
550	500		(a) As used in this Code section, the term:477
551		-	H. B. 268
552		-	- 19 - 25 HB 268/AP
	501	+	- 19 - 25 LC 49 2396S
553	502		(1) 'Critical records' means the following education records of a student, which shall be478
554	503		current and complete for a period of at least the most recent 12 months of such student's479
555	504		enrollment or the entirety of such student's enrollment if less than 12 months:480
556	505		(A) Academic transcript;481
557	506		(B) Attendance records;482
558	507		(C) Student discipline records, including, but not limited to, all records of any:483
559	508		(i) Disciplinary order of short-term suspension, long-term suspension, or expulsion484
560	509		made pursuant to Code Section 20-2-751.2;485
561	510		(ii) Notice of a report of criminal action made pursuant to Code Section 20-2-756;486
562	511		(iii) Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765;487
563	512		(iv) Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;488
564	513		or489
565	514		(v) Report of the commission of a prohibited act made pursuant to Code490
566	515		Section 20-2-1184;491
567	516		(D) Records of the student having ever been adjudicated delinquent of the commission492
568	517		of a class A designated felony act or class B designated felony act, as defined in Code493
569	518		Section 15-11-2 and, if so, the date of such adjudication, the offense committed, the494
570	519		jurisdiction in which such adjudication was made, and the sentence imposed;495
571	520		(E) An Individualized Education Program (IEP) pursuant to the federal Individuals496
572	521		with Disabilities Education Act or a plan under Section 504 of the federal497
573	522		Rehabilitation Act of 1973, if any; and498
574	523		(F) Psychological evaluations, if any.499
575	524		(2) 'Education records' means any record that is maintained by a local education agency,500
576	525		a public or private elementary or secondary school, the Department of Juvenile Justice501
577	526		school system, or a party acting on behalf of such entity and is directly related to a502
578	527		student. Such term shall include, but shall not be limited to, records of such student's503
579	528		enrollment, attendance, class schedules, academic transcripts, grades, student discipline,504
580		-	H. B. 268
581		-	- 20 - 25 HB 268/AP
	529	+	- 20 - 25 LC 49 2396S
582	530		student financial information, health records, special education records, and505
583	531		psychological evaluations. Such term shall include the student's critical records.506
584	532		(3) 'Governing body' means the local board of education, governing council, governing507
585	533		board, Board of Juvenile Justice, or other entity by whatever name responsible for508
586	534		creating and implementing the budget of a local education agency or a public or private509
587	535		school.510
588	536		(4) 'Legal custodian' means an entity or individual other than a parent with legal511
589	537		authority to act on behalf of a student. Such term shall include the Department of512
590	538		Juvenile Justice, the Department of Human Services, and the Division of Family and513
591	539		Children Services.514
592	540		(5) 'Local education agency' shall have the same meaning as provided in Code515
593	541		Section 20-2-167.1. Such term shall include the Department of Juvenile Justice school516
594	542		system.517
595	543		(6) 'Parent' means an individual other than a legal custodian who has legal authority to518
596	544		act on behalf of a student as a natural or adoptive parent or a legal guardian.519
597	545		(7) 'Permanent enrollment' means enrollment of student in a school that is not provisional520
598	546		enrollment.521
599	547		(8) 'Provisional enrollment' means the conditional and nonpermanent enrollment of522
600	548		student in a school for a specified period of time.523
601	549		(9) 'Receiving school' means a local education agency or public or private school in524
602	550		which a transferring student, either on his or her own behalf or by and through his or her525
603	551		parent or legal custodian, has enrolled or seeks or intends to enroll.526
604	552		(10) 'Requestor' means a student, the parent or legal custodian of such student, or a527
605	553		receiving school or another person or entity legally authorized to receive the education528
606	554		records of such student.529
607	555		(11) 'RESA' means a regional educational service agency as provided for in Code530
608	556		Section 20-2-270.531
609		-	H. B. 268
610		-	- 21 - 25 HB 268/AP
	557	+	- 21 - 25 LC 49 2396S
611	558		(12) 'RESA student affairs officer' means the RESA employee designated by the RESA532
612	559		executive director to receive and attempt to resolve notices of disputes brought pursuant533
613	560		to this Code section.534
614	561		(13) 'Sending school' means a local education agency or a public or private school which535
615	562		maintains education records of a particular student and is responsible for releasing such536
616	563		records to a requestor.537
617	564		(14) 'Student' means an individual who is enrolled in a public or private elementary or538
618	565		secondary school or home study program in this state, or who is subject to the539
619	566		compulsory attendance requirements of Code Section 20-2-690.1.540
620	567		(15) 'Transferring student' means a student who, either on his or her own behalf or by541
621	568		and through his or her parent or legal custodian, has enrolled in or is seeking or intends542
622	569		to enroll in a receiving school.543
623	570		(b) The parent or legal custodian of a student seeking permanent enrollment in a grade544
624	571		higher than the third grade in any receiving school in this state shall as a prerequisite to545
625	572		such permanent enrollment execute a document:546
626	573		(1) Disclosing to the receiving school whether the student:547
627	574		(A) Has ever been adjudicated delinquent of the commission of a class A designated548
628	575		felony act or class B designated felony act, as defined in Code Section 15-11-2 and, if549
629	576		so, the date of such adjudication, the offense committed, the jurisdiction in which such550
630	577		adjudication was made, and the sentence imposed;551
631	578		(B) Is currently serving a short-term suspension, a long-term suspension, or an552
632	579		expulsion from another school, the reason for such discipline, and the term of such553
633	580		discipline;554
634	581		(C) Is currently the subject of a notice of a disciplinary hearing pursuant to Code555
635	582		Section 20-2-754; or556
636	583		(D) Is currently or has ever been the subject of any:557
637	584		(i) Notice of a report of criminal action made pursuant to Code Section 20-2-756;558
638		-	H. B. 268
639		-	- 22 - 25 HB 268/AP
	585	+	- 22 - 25 LC 49 2396S
640	586		(ii) Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; 559
641	587		(iii) Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;560
642	588		or561
643	589		(iv) Report of the commission of a prohibited act made pursuant to Code562
644	590		Section 20-2-1184; and563
645	591		(2) Either:564
646	592		(A) Present a certified copy of such student's critical records from each sending school565
647	593		he or she attended during the previous 24 months; or566
648	594		(B) Receive written confirmation from such receiving school that it as received such567
649	595		student's critical records.568
650	596		(c)(1) A student may be provisionally enrolled in a receiving school for not more than569
651	597		ten school days on a conditional basis; provided, however, that such provisional570
652	598		enrollment shall not commence until the next school day after such student's parent or571
653	599		legal custodian executes a document:572
654	600		(A) Disclosing the information required in paragraph (1) of subsection (b) of this Code573
655	601		section; and574
656	602		(B) Providing the name and address of each sending school such student attended575
657	603		during the previous 24 months and authorizing the immediate release of such student's576
658	604		critical records to the receiving school.577
659	605		(2) If the receiving school does not receive such student's critical records from each578
660	606		sending school such student attended during the previous 24 months, the receiving school579
661	607		shall be authorized to temporarily assign such student to remote learning until such580
662	608		critical records are received or the case management consultation provided for in581
663	609		subsection (i) of this Code section is completed.582
664	610		(3) If a student provisionally enrolled in a receiving school is found to be ineligible for583
665	611		enrollment pursuant to the provisions of Code Section 20-2-751.2, or is subsequently584
666		-	H. B. 268
667		-	- 23 - 25 HB 268/AP
	612	+	- 23 - 25 LC 49 2396S
668	613		found to be so ineligible, he or she shall be dismissed from enrollment in such receiving585
669	614		school until such time as he or she becomes so eligible.586
670	615		(d) Any document provided by a receiving school to a student or such student's parent or587
671	616		legal custodian to request permanent enrollment or provisional enrollment in such receiving588
672	617		school or to authorize the release of education records to such receiving school shall589
673	618		include:590
674	619		(1) A list of class A designated felony acts or class B designated felony acts;591
675	620		(2) A list of the prohibited acts identified in Code Section 20-2-1184; and592
676	621		(3) A description of each of the following:593
677	622		(A) Notice of a disciplinary hearing pursuant to Code Section 20-2-754;594
678	623		(B) Notice of a report of criminal action made pursuant to Code Section 20-2-756;595
679	624		(C) Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765; 596
680	625		(D) Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766;597
681	626		and598
682	627		(E) Report of the commission of a prohibited act made pursuant to Code599
683	628		Section 20-2-1184.600
684	629		(e) Each time a transferring student's education records, including, but not limited to601
685	630		critical records, are transferred to a receiving school, such student's parent or legal602
686	631		custodian shall be notified in writing by the receiving school of the transfer of such records603
687	632		and shall, upon written request made within five school business days of the date of such604
688	633		notice, be entitled to receive a copy of such records from the receiving school. Within five605
689	634		school business days of the receipt of a copy of such records, such student's parent or legal606
690	635		custodian may make a written request for and shall be entitled to a meeting with the607
691	636		principal of the sending school or of the receiving school or his or her designee for the608
692	637		purpose of correcting the content of such records as provided in Code Section 20-2-667. 609
693	638		The parties may mutually agree for such meeting to occur at a date and time outside of such610
694	639		five-day period.611
695		-	H. B. 268
696		-	- 24 - 25 HB 268/AP
	640	+	- 24 - 25 LC 49 2396S
697	641		(f)(1) Except as provided in paragraph (2) of this subsection, each sending school in this612
698	642		state shall immediately release a student's complete education record to any parent, legal613
699	643		custodian, receiving school, or another person or entity legally authorized to receive such614
700	644		records upon request by such requestor and under no circumstances later than 5:00 P.M.615
701	645		on the third business day following the date of such request.616
702	646		(2) In the event that any portion of such student's education record is not maintained in617
703	647		electronic format, the sending school shall transfer all of the student's education records618
704	648		available in electronic format in compliance with paragraph (1) of this subsection and619
705	649		shall, no later than 5:00 P.M. on the third business day following the date of such request,620
706	650		notify the requestor when copies of the remainder of such student's education records will621
707	651		be ready for retrieval.622
708	652		(g)(1) In the event that:623
709	653		(A) A sending school contends that releasing, in whole or in part, a student's education624
710	654		records as required by this Code section would be unlawful or unduly burdensome; or625
711	655		(B) A requestor contends that a student's education records, in whole or in part, have626
712	656		been unlawfully or unduly withheld from release by a sending school,627
713	657		the requestor shall promptly provide a written notice of dispute to the RESA student628
714	658		affairs officer of the RESA in which the sending school is located.629
715	659		(2)(A) Upon receipt of a notice as provided in paragraph (1) of this subsection, the630
716	660		RESA student affairs officer shall be authorized to work in coordination with any631
717	661		sending school, any receiving school, any other requestor, and the parent or legal632
718	662		custodian of the student whose education records are the subject of such notice to633
719	663		resolve any dispute by providing technical assistance and guidance as to the respective634
720	664		rights and responsibilities of each of the parties to the dispute.635
721	665		(B) To the extent that such efforts to resolve the dispute are not successful, the RESA636
722	666		student affairs officer shall provide a written notice of noncompliance to any party to637
723	667		such dispute which the RESA student affairs officer reasonably contends is638
724		-	H. B. 268
725		-	- 25 - 25 HB 268/AP
	668	+	- 25 - 25 LC 49 2396S
726	669		noncompliant with the requirements of this Code section report. Such written notice639
727	670		of noncompliance shall include a recommended corrective action to resolve640
728	671		noncompliance. The RESA student affairs officer shall report such noncompliance to641
729	672		the director of the RESA.642
730	673		(C) Upon being notified of a noncompliance as provided for in subparagraph (B) of643
731	674		this paragraph, the RESA director shall be authorized to attempt to resolve the dispute644
732	675		and to report noncompliance to the Office of the Attorney General and the Department645
733	676		of Education's chief privacy officer.646
734	677		(3) For the limited purposes provided for in this subsection, RESA student affairs647
735	678		officers and RESA executive directors shall be authorized to review the education records648
736	679		that are the subject of a notice of dispute provided for in this subsection.649
737	680		(4) In the event that it becomes evident to a RESA student affairs officer or a RESA650
738	681		director that neither a sending school nor a receiving school involved in a dispute is a651
739	682		local education agency or a public elementary or secondary school, the RESA student652
740	683		affairs officer and the RESA director shall take no further action regarding the dispute653
741	684		other than to notify the parties to the dispute that the regional educational service agency654
742	685		is not authorized to take further action on the matter and to refer the parties to the655
743	686		Department of Education's chief privacy officer.656
744	687		(h) Whenever a receiving school does not timely receive complete information relative to657
745	688		a transferring student from a sending school as required in subsection (f) of this Code658
746	689		section, such receiving school shall be authorized to condition such transferring student's659
747	690		continued provisional enrollment upon completion of the case management consultation660
748	691		provided for in subsection (i) of this Code section.661
749	692		(i) Each case management consultation shall be conducted by a school social worker,662
750	693		school counselor, or a designated school administrator of the receiving school and shall663
751	694		involve the transferring student and such student's parent or legal custodian. The purposes664
752	695		of the case management consultation shall include, but shall not be limited to:665
753		-	H. B. 268
754		-	- 26 - 25 HB 268/AP
	696	+	- 26 - 25 LC 49 2396S
755	697		(1) Determining whether any services are necessary for such student, including, but not666
756	698		limited to, referrals for special education or behavioral health services; and667
757	699		(2) Facilitating the continuation of services such student was receiving at his or her668
758	700		previous school or schools, if any.669
759	701		(j) The State Board of Education shall adopt policies and procedures for implementing the670
760	702		provisions of this Code section.671
761	703		(k) The Department of Education shall collaborate with the Department of Behavioral672
762	704		Health and Developmental Disabilities and provide technical assistance to schools and673
763	705		local school systems to support implementation of the provisions of this Code section.674
764	706		(l) In lieu of his or her parent, a transferring student who is not in the custody of the675
765	707		Department of Juvenile Justice or the Division of Family and Children Services of the676
766	708		Department of Human Services and who is 18 years of age or older or who has been677
767	709		emancipated by operation of law or by court order pursuant to Code Section 15-11-727 or678
768	710		as otherwise provided by law shall be authorized to comply on his or her own behalf with679
769	711		the requirements of this Code section otherwise applicable to such student's parent or legal680
770	712		custodian.681
771	713		(m) Notwithstanding the provisions of this Code section, any transferring student in the682
772	714		custody of the Department of Juvenile Justice or the Department of Human Services,683
773	715		through its Division of Family and Children Services, shall be immediately admitted to a684
774	716		receiving school, even if records required for enrollment cannot be produced, in order to685
775	717		ensure educational stability and continuity. All records shall be transferred to the receiving686
776	718		school administrator within ten school business days by the local school superintendent or687
777	719		his or her designee, as applicable, of the school such transferring student last attended."688
778	720		SECTION 2-9.689
779	721		Said chapter is further amended by revising Code Section 20-2-671, relating to transfer690
780	722		students who have committed felony acts and disclosure of act, as follows:691
781		-	H. B. 268
782		-	- 27 - 25 HB 268/AP
783		-	"20-2-671.
784		-	692
785		-	(a)
786		-	If any school administrator determines from the information obtained pursuant to Code693
	723	+	- 27 - 25 LC 49 2396S
	724	+	"20-2-671.692
	725	+	(a) If any school administrator determines from the information obtained pursuant to Code693
787	726		Section 15-11-602 or 20-2-670 or from any other source that a student has:694
788	727		(1) Has committed a class A designated felony act or class B designated felony act, as695
789	728		defined in Code Section 15-11-2,;696
790	729		(2) Is the subject of a notice of chronic disciplinary problem made pursuant to Code697
791	730		Section 20-2-765;698
792	731		(3) Has a current disciplinary and behavioral correction plan pursuant to Code699
793	732		Section 20-2-766; or700
794	733		(4) Is the subject of a report of the commission of a prohibited act made pursuant to Code701
795	734		Section 20-2-1184,702
796	735		such administrator shall so inform all teachers to whom the student is assigned that they703
797	736		may review the information in the student's file provided pursuant to subsection (b) of704
798	737		Code Section 20-2-670 received from other schools or from the juvenile courts.705
799	738		(b) Such information shall be kept confidential."706
800	739		SECTION 2-10.707
801	740		Said chapter is further amended by revising Code Section 20-2-700, relating to reports by708
802	741		peace officers to school authorities and parent or guardian, as follows:709
803	742		"20-2-700.710
804	743		(a) As used in this Code section, the term:711
805	744		(1) 'Incidental to' means occurring in the course of or directly associated with standards712
806	745		or customary operations of a law enforcement officer's employer.713
807	746		(2) 'Law enforcement officer' means any duly constituted agent or officer of the State of714
808	747		Georgia or of any county, municipality, political subdivision, or local school system715
809	748		thereof who, as a full-time or part-time employee, is vested either expressly by law or by716
810	749		virtue of public employment or service with authority to enforce the criminal or traffic717
811		-	H. B. 268
812		-	- 28 - 25 HB 268/AP
	750	+	- 28 - 25 LC 49 2396S
813	751		laws of this state with the power of arrest and whose duties include the preservation of718
814	752		public order, the protection of life and property, or the prevention, detection, or719
815	753		investigation of crime. Such term shall include, but shall not be limited to, sheriffs and720
816	754		deputy sheriffs; any member of the Georgia State Patrol or Georgia Bureau of721
817	755		Investigation; campus policemen and school security personnel provided for in Chapter 8722
818	756		of this title; any person employed by the Department of Natural Resources as a law723
819	757		enforcement officer; any arson investigator of the state fire marshal's office; employees724
820	758		designated by the commissioner of community supervision who have the duty to725
821	759		supervise children adjudicated for a Class A designated felony act or Class B designated726
822	760		felony act after release from restrictive custody, as such terms are defined in Code727
823	761		Section 15-11-2; and employees designated by the commissioner of juvenile justice728
824	762		pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who have the duty729
825	763		to investigate and apprehend delinquent children, or the supervision of delinquent730
826	764		children under intensive supervision in the community, and any child with a pending731
827	765		juvenile court case alleging the child to be a child in need of services who has escaped732
828	766		from a facility under the jurisdiction of the Department of Juvenile Justice or who has733
829	767		broken the conditions of supervision.734
830	768		(3) 'Official encounter' means an interaction of a law enforcement officer with a school735
831	769		age youth in such law enforcement officer's official capacity for the purpose of enforcing736
832	770		the criminal laws of this state or preventing, detecting, or investigating a crime, provided737
833	771		that such interaction is directly related to a credible report or other credible information738
834	772		that such school age youth has threatened the death of, or serious injury to, one or more739
835	773		individuals who are or will likely be at or within a school.740
836	774		(4) 'School age youth' means an individual who is between his or her sixth and sixteenth741
837	775		birthdays or who a law enforcement officer knows or reasonably believes is enrolled in742
838	776		a public or private elementary or secondary school in this state. Such term shall not743
839		-	H. B. 268
840		-	- 29 - 25 HB 268/AP
	777	+	- 29 - 25 LC 49 2396S
841	778		include an individual who has successfully completed all the requirements for a high744
842	779		school diploma or a state approved high school equivalency (HSE) diploma.745
843	780		(5) 'School official' means a local school superintendent or his or her designee or a746
844	781		school principal or other school administrator.747
845	782		(b) Any person taking action with respect to a child pursuant to Code Section 20-2-699748
846	783		shall report the matter and the disposition made by him of the child to the school authorities749
847	784		of the county, independent or area school system such action to a school official of the750
848	785		public or private school in which such child is currently enrolled or would be enrolled by751
849	786		virtue of his or her primary residence, and to the child's parent or guardian.752
850	787		(c)(1) Except as provided in paragraph (2) of this subsection, within five days of an753
851	788		official encounter with a school age youth in this state, the employer of each law754
852	789		enforcement officer present for such official encounter shall provide a written report of755
853	790		such official encounter to a school official of the public or private school in which such756
854	791		school age youth is currently enrolled or would be enrolled by virtue of his or her primary757
855	792		residence and to his or her parent or guardian.758
856	793		(2) A written report of an official encounter provided for in paragraph (1) of this759
857	794		subsection shall not be required:760
858	795		(A) When the interaction between the law enforcement officer and the school age761
859	796		youth is not incidental to the conduct of a law enforcement officer acting in his or her762
860	797		official capacity to enforce the criminal laws of this state or to prevent, detect, or763
861	798		investigate a crime; or764
862	799		(B) With respect to a school age youth whose presence during or participation in such765
863	800		official encounter is due exclusively to such school age youth being a witness or766
864	801		potential witness in a criminal investigation; provided, however, that the exception767
865	802		provided for in this subparagraph shall not apply if he or she is also a subject of such768
866	803		criminal investigation or is a suspect or person of interest in such criminal investigation.769
867		-	H. B. 268
868		-	- 30 - 25 HB 268/AP
	804	+	- 30 - 25 LC 49 2396S
869	805		(d) This Code section shall not apply to school age youth in the physical custody of the770
870	806		Department of Juvenile Justice within a secure facility; provided, however, that this771
871	807		subsection shall not apply to school age youth who are in the physical or legal custody of772
872	808		the Department of Juvenile Justice in a nonsecure residential placement or other nonsecure773
873	809		intensive supervision program."774
874	810		SECTION 2-11.775
875	811		Said chapter is further amended by revising Code Section 20-2-720, relating to inspection776
876	812		of students' records by parents, as follows:777
877	813		"20-2-720.778
878	814		(a) As used in this Code section, the term:779
879	815		(1) 'Education record' shall have the same meaning as provided for in Code780
880	816		Section 20-2-662.781
881	817		(2) 'Legal custodian' means an entity or individual other than a parent with legal782
882	818		authority to act on behalf of a student. Such term shall include the Department of783
883	819		Juvenile Justice and the Division of Family and Children Services of the Department of784
884	820		Human Services.785
885	821		(3) 'Local board of education' means the governing body of each local education agency786
886	822		as such terms are defined in Code Section 20-2-167.1. Such term shall include the school787
887	823		system of the Department of Juvenile Justice.788
888	824		(4) 'Parent' means an individual other than a legal custodian who has legal authority to789
889	825		act on behalf of a student as a natural or adoptive parent or a legal guardian.790
890	826		(b) No local board of education No local school system, whether county, independent, or791
891	827		area, shall have a policy of denying, or which effectively prevents, the parents or legal792
892	828		custodians of students who are in attendance at or who have been enrolled in any facility793
893	829		within such system the right to inspect and review the education records of their child as794
894	830		provided in Code Section 20-2-667.795
895		-	H. B. 268
896		-	- 31 - 25 HB 268/AP
	831	+	- 31 - 25 LC 49 2396S
897	832		(c) A parent or legal custodian shall be entitled to inspect and review only information796
898	833		relating to his or her own child or ward and if any material or document in a child's or797
899	834		ward's record includes information on another student, such information regarding any798
900	835		other student shall not be made available for inspection or review except to the parents or799
901	836		legal custodian of that student.800
902	837		(d) Both parents of a child shall be entitled to inspect and review the education records of801
903	838		their child or to be provided information concerning their child's progress. Information802
904	839		concerning a child's education record shall not be withheld from the noncustodial parent803
905	840		unless a court order has specifically removed the right of the noncustodial parent to such804
906	841		information or unless parental rights have been terminated. For purposes of this Code805
907	842		section, 'education records' shall include attendance reports and records."806
908	843		SECTION 2-12.807
909	844		Said chapter is further amended by revising Code Section 20-2-741, relating to positive808
910	845		behavioral interventions and supports and response to intervention, as follows:809
911	846		"20-2-741.810
912	847		(a) As used in this Code section, the term:811
913	848		(1) 'High needs school' means a public school which has received a school climate rating812
914	849		of '1-star' or '2-star' pursuant to Code Section 20-14-33.813
915	850		(2) 'Positive behavioral interventions and supports' or 'PBIS' means an evidence based814
916	851		data-driven framework to reduce disciplinary incidents, increase a school's sense of815
917	852		safety, and support improved academic outcomes through a multitiered multi-tiered816
918	853		approach, using disciplinary data and principles of behavior analysis to develop817
919	854		school-wide, targeted, and individualized interventions and supports.818
920	855		(3) 'Response to intervention' or 'RTI' means a framework of identifying and addressing819
921	856		the academic and behavioral needs of students through a tiered system.820
922		-	H. B. 268
923		-	- 32 - 25 HB 268/AP
	857	+	- 32 - 25 LC 49 2396S
924	858		(b)(1) Local boards of education are encouraged to implement PBIS and RTI programs821
925	859		and initiatives in their schools, and particularly in high needs schools.822
926	860		(2) Local boards of education shall implement PBIS and RTI programs and initiatives823
927	861		in each elementary and middle school that is a high needs school. Such implementation824
928	862		shall include, but shall not be limited to:825
929	863		(A) PBIS Tier 1 supports for 100 percent of students and school personnel;826
930	864		(B) Specific PBIS Tier 2 supports and interventions for students who are at risk for827
931	865		developing more serious unwanted behaviors, such as small group resilience and828
932	866		behavioral health skills lessons approved by the Department of Behavioral Health and829
933	867		Developmental Disabilities; and830
934	868		(C) Each school year, no less than 95 percent of school personnel receive two hours831
935	869		of student behavioral health awareness training approved by the Department of832
936	870		Behavioral Health and Developmental Disabilities.833
937	871		(c) The State Board of Education is authorized, subject to appropriations by the General834
938	872		Assembly, to provide funds to local school systems to support PBIS and RTI programs,835
939	873		initiatives, and personnel.836
940	874		(d) The State Board of Education is authorized to establish rules and regulations for PBIS837
941	875		and RTI programs and initiatives which receive funding pursuant to this Code section."838
942	876		SECTION 2-13.839
943	877		Said chapter is further amended by revising Code Section 20-2-757, relating to applicability840
944	878		of public inspection and open meeting laws, as follows:841
945	879		"20-2-757.842
946	880		(a) All proceedings and hearings conducted under this subpart shall be confidential and843
947	881		shall not be subject to the open meetings requirement of Code Section 50-14-1 or other844
948	882		open meetings laws.845
949		-	H. B. 268
950		-	- 33 - 25 HB 268/AP
951		-	(b) All electronic or other written records of all hearings conducted under this subpart; all
952		-	846
	883	+	- 33 - 25 LC 49 2396S
	884	+	(b) All electronic or other written records of all hearings conducted under this subpart; all846
953	885		statements of charges; all notices of hearings; and all written decisions rendered by a847
954	886		hearing officer, tribunal, the local board of education, or the State Board of Education shall848
955	887		not be subject to public inspection or other disclosure under Article 4 of Chapter 18 of Title849
956		-	50 or other public disclosure laws; provided, however, the board of education
957		-	that the state850
	888	+	50 or other public disclosure laws; provided, however, the board of education that the state850
958	889		board shall prepare a written summary of any proceeding conducted under this subpart,851
959	890		which summary shall include a description of the incident and the disposition thereof but852
960	891		shall not contain the names of any party to the incident. The summary shall be a public853
961	892		record.854
962	893		(c) Nothing in this Code section shall be construed to prohibit, restrict, or limit in any855
963	894		manner the disclosure of a student's education records to a receiving school as required by856
964	895		Code Section 20-2-670."857
965	896		SECTION 2-14.858
966	897		Said chapter is further amended by revising Code Section 20-2-766.1, relating to proceeding859
967	898		against parents for failure to cooperate in educational programs and penalty, as follows:860
968	899		"20-2-766.1.861
969	900		(a) A The local board of education may, by petition to the juvenile court, proceed against862
970	901		a parent or guardian as provided in this Code section.863
971	902		(b) If the court finds that the parent or guardian has willfully and unreasonably failed to864
972	903		attend a conference requested by a principal pursuant to Code Section 20-2-765865
973	904		or 20-2-766, the court may order the parent or guardian to attend such a conference, order866
974	905		the parent or guardian to participate in such programs or such treatment as the court deems867
975	906		appropriate to improve the student's behavior, or both.868
976	907		(c) If the court finds that the parent or guardian has willfully and unreasonably failed to869
977	908		authorize the release of student education records as required pursuant to Code870
978		-	H. B. 268
979		-	- 34 - 25 HB 268/AP
	909	+	- 34 - 25 LC 49 2396S
980	910		Section 20-2-670, the court may order the parent or guardian to authorize the release of871
981	911		such records.872
982	912		(d) After notice and opportunity for hearing, the court may impose a fine, not to exceed873
983	913		$500.00, on a parent or guardian who willfully disobeys an order of the court entered under874
984	914		this Code section. The court may use its contempt and other powers specified in Code875
985	915		Section 15-11-31 to enforce any order entered under this Code section."876
986	916		SECTION 2-15.877
987	917		Said chapter is further amended by revising Code Section 20-2-779.1, relating to suicide878
988	918		prevention and awareness training and no duty of care imposed, as follows:879
989	919		"20-2-779.1.880
990	920		(a) As used in this Code section, the term 'evidence based' means a program or practice881
991	921		that:882
992	922		(1) Demonstrates a statistically significant effect on relevant outcomes based on:883
993	923		(A) Strong evidence from at least one well-designed and well-implemented884
994	924		experimental study;885
995	925		(B) Moderate evidence from at least one well-designed and well-implemented886
996	926		quasi-experimental study; or887
997	927		(C) Promising evidence from at least one well-designed and well-implemented888
998	928		correlational study with statistical controls for selection bias; or889
999	929		(2) Demonstrates a rationale based on high-quality research findings or positive890
1000	930		evaluation that such program or practice is likely to improve relevant outcomes, and891
1001	931		includes ongoing efforts to examine the effects of such program or practice.892
1002	932		(a)(1)(b) The State Board The Department of Education shall adopt rules to require that:893
1003	933		(1) All all certificated public school personnel receive annual training in youth violence894
1004	934		and suicide awareness and prevention. This Such training shall be provided within the895
1005	935		framework of existing in-service training programs offered or facilitated by the896
1006		-	H. B. 268
1007		-	- 35 - 25 HB 268/AP
	936	+	- 35 - 25 LC 49 2396S
1008	937		Department of Education, the Department of Behavioral Health and Developmental897
1009	938		Disabilities, or as part of required professional development offered by a local school898
1010	939		system or public school; and899
1011	940		(2)(A) Beginning in the 2026-2027 school year, and continuing each school year900
1012	941		thereafter, all public schools serving students in any one of grades six through 12 which901
1013	942		receive funds in any manner from the state shall provide to students:902
1014	943		(i) At least one hour of evidence based suicide awareness and prevention training903
1015	944		each school year; and904
1016	945		(ii) At least one hour of evidence based youth violence prevention training each905
1017	946		school year.906
1018	947		(B) Such training may be delivered in person, remotely, or digitally and may be907
1019	948		included as part of the health and physical education course of study provided for in908
1020	949		subsection (c) of Code Section 20-2-142.909
1021	950		(2)(c)(1) By January 1, 2026, the The Department of Education shall, in consultation910
1022	951		with the Department of Behavioral Health and Developmental Disabilities, the Suicide911
1023	952		Prevention Program established pursuant to Code Section 37-1-27, student violence and912
1024	953		suicide prevention experts, other youth mental health experts, and elementary and913
1025	954		secondary school counselors, social workers, and teachers, develop a list of approved914
1026	955		evidence based training programs and materials to fulfill the requirements of this915
1027	956		subsection Code section which may include training programs and materials currently916
1028	957		being used by a local school system or public school if such training programs and917
1029	958		materials meet any the criteria established by the department.918
1030	959		(3)(2) Approved training programs and materials shall:919
1031	960		(A) Shall include training information on how to identify appropriate mental health920
1032	961		interventions and services, both within the school and also within the larger community,921
1033	962		and when and how to refer facilitate such interventions and services for youth and their922
1034	963		families to those services; and923
1035		-	H. B. 268
1036		-	- 36 - 25 HB 268/AP
	964	+	- 36 - 25 LC 49 2396S
1037	965		(4)(B) May Approved materials may include programs and materials that can be924
1038	966		completed through self-review of suitable student violence and suicide awareness and925
1039	967		prevention materials approved by the department upon the recommendation of the926
1040	968		Department of Behavioral Health and Developmental Disabilities.927
1041	969		(3) Approved training programs and materials for students shall, at a minimum, teach928
1042	970		students:929
1043	971		(A) How to recognize the observable signs and signals of depression, suicide, and930
1044	972		self-injury in themselves and their peers;931
1045	973		(B) How to recognize the observable warning signs and signals of persons who may932
1046	974		be at risk of harming themselves or others;933
1047	975		(C) The importance of seeking help for themselves and their peers and the process for934
1048	976		seeking help; and935
1049	977		(D) The steps that can be taken to report dangerous, violent, threatening, harmful, or936
1050	978		potentially harmful behavior.937
1051	979		(4) The Department of Education shall make the list of approved training programs and938
1052	980		materials, including no-cost programming, if any, publicly available on its website and939
1053	981		shall keep it timely updated by reviewing such list, at a minimum, every 36 months.940
1054	982		(5)(A)(d)(1) Each local school system board of education or public school governing941
1055	983		body shall:942
1056	984		(A) Adopt policies, rules, and regulations adopt a policy on student suicide awareness943
1057	985		and prevention. Such policies, rules, and regulations shall be developed in consultation944
1058	986		with school and community stakeholders, school employed mental health professionals,945
1059	987		and suicide prevention experts, and shall, at a minimum, address procedures relating946
1060	988		to suicide prevention, intervention, and postvention;947
1061	989		(B) Adopt policies, rules, and regulations for providing relevant and current948
1062	990		information to students and their families and to school personnel regarding publicly949
1063	991		available resources for the anonymous reporting of a dangerous, violent, threatening,950
1064		-	H. B. 268
1065		-	- 37 - 25 HB 268/AP
	992	+	- 37 - 25 LC 49 2396S
1066	993		harmful, or potentially harmful activity which occurs on, or is threatened to occur on,951
1067	994		school property or which relates to a student or school personnel; and952
1068	995		(C) Implement an evidence based youth violence prevention training program to953
1069	996		instruct students how to recognize the observable warning signs and signals of someone954
1070	997		who may be at risk of harming himself, herself, or others; the importance of taking955
1071	998		threats seriously and seeking help; and how to report someone who is at risk, including956
1072	999		by using the state-wide anonymous reporting program.957
1073	1000		(B)(2) To assist public schools and local school systems in developing their own policies958
1074	1001		for student violence and suicide awareness and prevention, the Department of Education,959
1075	1002		in consultation with the Suicide Prevention Program within the Department of Behavioral960
1076	1003		Health and Developmental Disabilities, shall establish a model policy for use by public961
1077	1004		schools and local school systems in accordance with this Code section.962
1078	1005		(e) Each local board of education or public school governing body shall require each963
1079	1006		public school that sponsors or otherwise permits student organizations or clubs to designate964
1080	1007		a student-led youth violence prevention club to sustain awareness activities related to965
1081	1008		suicide prevention and violence prevention. Such student violence prevention club,966
1082	1009		including existing clubs, shall:967
1083	1010		(1) Be open to all members of the student body;968
1084	1011		(2) Engage in awareness activities related to youth suicide prevention, youth violence969
1085	1012		prevention, and social inclusion;970
1086	1013		(3) Foster opportunities for student leadership development; and971
1087	1014		(4) Have at least one administrator, teacher, or other school personnel serve as a faculty972
1088	1015		advisor.973
1089	1016		(f)(1) By July 1, 2026, each local board of education or public school governing body974
1090	1017		shall develop and operate, or contract with a provider to develop and operate, and make975
1091	1018		available an anonymous reporting program.976
1092	1019		(2) Such anonymous reporting program shall, at a minimum:977
1093		-	H. B. 268
1094		-	- 38 - 25 HB 268/AP
	1020	+	- 38 - 25 LC 49 2396S
1095	1021		(A) Be accessible by any person to report anonymously a dangerous, violent,978
1096	1022		threatening, harmful, or potentially harmful activity which occurs on, or is threatened979
1097	1023		to occur on, school property or which relates to a student or school personnel;980
1098	1024		(B) Provide support 24 hours per day, seven days per week for anonymous reporting981
1099	1025		through, at a minimum, a mobile telephone application and a multilingual crisis center,982
1100	1026		which shall be staffed by individuals with evidence based counseling and crisis983
1101	1027		intervention training;984
1102	1028		(C) Promptly forward reported information to the appropriate school based team;985
1103	1029		(D) Support a coordinated response to an identified crisis by schools, local986
1104	1030		emergency 9-1-1 public safety answering points, and local law enforcement agencies987
1105	1031		when response by schools and law enforcement is to be reasonably expected;988
1106	1032		(E) Require and certify the training of school based teams in each school to receive989
1107	1033		notice of any report submitted to the state-wide anonymous reporting program990
1108	1034		concerning the school, a student, or school personnel;991
1109	1035		(F) Require and certify the training of local emergency 9-1-1 public safety answering992
1110	1036		point personnel to receive notice of any report submitted to the state-wide anonymous993
1111	1037		reporting program that requires response from a local law enforcement agency;994
1112	1038		(G) Promote public awareness and education about the state-wide anonymous reporting995
1113	1039		program and its reporting methods, prior to its launch; and996
1114	1040		(H) Comply with all federal and state laws.997
1115	1041		(3) The provisions of this subsection shall not apply to any local school system or public998
1116	1042		school that, as of July 1, 2025, has an operating anonymous reporting program that999
1117	1043		substantially complies with the requirements of paragraph (2) of this subsection.1000
1118	1044		(4) This subsection shall not be construed to interfere with or impede any existing1001
1119	1045		contract any local school system or public school has with a provider to operate an1002
1120	1046		anonymous reporting program; provided, however, that, to the extent that the terms of1003
1121	1047		such contract do not require such provider to operate an anonymous reporting program1004
1122		-	H. B. 268
1123		-	- 39 - 25 HB 268/AP
	1048	+	- 39 - 25 LC 49 2396S
1124	1049		in substantial compliance with the requirements of paragraph (2) of this subsection, such1005
1125	1050		contract terms shall not be renewed beyond such contract's current expiration or1006
1126	1051		termination date.1007
1127	1052		(g) Each local school system and public school shall update its school safety plan required1008
1128	1053		by Code Section 20-2-1185 by including a behavioral threat assessment management plan1009
1129	1054		as provided for in Code Section 20-2-1185.1.1010
1130	1055		(b)(h) No person shall have a cause of action for any loss or damage caused by any act or1011
1131	1056		omission resulting from the implementation of the provisions of this Code section or1012
1132	1057		resulting from any training, or lack thereof, required by this Code section.1013
1133	1058		(c)(i) The training, or lack thereof, required by the provisions of this Code section shall not1014
1134	1059		be construed to impose any specific duty of care."1015
1135	1060		SECTION 2-16.1016
1136	1061		Said chapter is further amended by revising Code Section 20-2-785, relating to referral and1017
1137	1062		assessment to determine whether withdrawal was to limit education, as follows:1018
1138	1063		"20-2-785.1019
1139	1064		(a) In the event that a child student does not for a period of 30 consecutive days attend the1020
1140	1065		public school in which he or she is enrolled or provisionally enrolled and:1021
1141	1066		(1) The parent or guardian of such student does not notify the school of such student's1022
1142	1067		withdrawal from such school;1023
1143	1068		(2) The parent or guardian of such student does not notify the school of such student's1024
1144	1069		enrollment or intent to enroll in a home study program or another school;1025
1145	1070		(3) Such student is withdrawn from a public such school without a declaration filed1026
1146	1071		pursuant to subsection (c) of Code Section 20-2-690; or1027
1147	1072		(4) Such student is 16 years of age or older and stops attending such school without1028
1148	1073		completing the conference required under subsection (e) of Code Section 20-2-690.1 and1029
1149	1074		that child stops attending a public school for a period of 45 days, 1030
1150		-	H. B. 268
1151		-	- 40 - 25 HB 268/AP
1152		-	the school shall refer the matter to the Division of Family and Children Services of the
1153		-	1031
1154		-	Department of Human Services and the RESA student affairs officer of the regional
1155		-	1032
	1075	+	- 40 - 25 LC 49 2396S
	1076	+	the school shall refer the matter to the Division of Family and Children Services of the1031
	1077	+	Department of Human Services and the RESA student affairs officer of the regional1032
1156	1078		educational service agency in which such student resides, as provided for in subsection (b)1033
1157	1079		of this Code section.1034
1158	1080		(b) For each student who meets the requirements of subsection (a) of this Code section,1035
1159	1081		such student's school shall:1036
1160	1082		(1) Refer the matter to the Division of Family and Children Services to conduct an1037
1161	1083		assessment. The purpose of such referral and assessment shall be limited to for the1038
1162	1084		purpose of determining whether such withdrawal was to avoid educating the child.1039
1163	1085		Presentation such student; provided, however, that completion of such conference or1040
1164	1086		presentation of a copy of such filed declaration shall satisfy the assessment requirements1041
1165	1087		of this paragraph, and the Division shall immediately terminate the such assessment1042
1166	1088		under this Code section.; and1043
1167	1089		(2) Refer the matter to the RESA student affairs officer of the regional educational1044
1168	1090		service agency in which such student resides for the purpose of determining whether such1045
1169	1091		student has enrolled in a home study program or another school and, if such student has1046
1170	1092		enrolled in another school, to determine whether such school has received such student's1047
1171	1093		education records from the student's previous schools; provided, however, that, upon1048
1172	1094		receiving notice that such student has enrolled or intends to enroll in a home study1049
1173	1095		program or another school, the referring school shall immediately notify the RESA1050
1174	1096		student affairs officer of the regional educational service agency in which such student1051
1175	1097		resides of such intent or enrollment and if such student has enrolled or intends to enroll1052
1176	1098		in another school, confirm the date by which such student's education records will be1053
1177	1099		released to such student's new school.1054
1178	1100		(c) Nothing in the Code section shall be construed to prohibit or limit a public school from1055
1179	1101		making reasonable efforts at any time to determine the whereabouts of a student who is1056
1180	1102		withdrawn from such school without a declaration filed pursuant to subsection (c) of Code1057
1181		-	H. B. 268
1182		-	- 41 - 25 HB 268/AP
	1103	+	- 41 - 25 LC 49 2396S
1183	1104		Section 20-2-690 or who stops attending such school without providing notice of1058
1184	1105		enrollment or intent to enroll in a home study program or another school or, when such1059
1185	1106		student is 16 years of age or older, without completing the conference required under1060
1186	1107		subsection (e) of Code Section 20-2-690.1. Such efforts may include, but shall not be1061
1187	1108		limited to:1062
1188	1109		(1) Contacting the student's parent, guardian, or other legal custodian to inquire of the1063
1189	1110		student's whereabouts and whether such student intends to withdraw from the school or1064
1190	1111		has enrolled or intends to enroll in a home study program or another school;1065
1191	1112		(2) Directing school personnel, including, but not limited to, school social workers and1066
1192	1113		school security personnel, to conduct a wellness visit at the student's last known1067
1193	1114		residence; and1068
1194	1115		(3) As appropriate, referring the matter to the county or municipal law enforcement1069
1195	1116		agency having territorial jurisdiction.1070
1196	1117		(d) Each public school in which a student is enrolled or provisionally enrolled shall1071
1197	1118		compile such student's complete education records and make such records available for1072
1198	1119		immediate release to any person or entity authorized by law to receive such records:1073
1199	1120		(1) For each student who meets the requirements of subsection (a) of this Code section;1074
1200	1121		and 1075
1201	1122		(2) Each time the school receives sufficient notice that such student is withdrawing from1076
1202	1123		the school or is enrolling or intends to enroll in a home study program or another school."1077
1203	1124		SECTION 2-17.1078
1204	1125		Said chapter is further amended in Code Section 20-2-786, relating to the "Parents' Bill of1079
1205	1126		Rights," by revising subsection (f) as follows:1080
1206	1127		"(f) Each governing body shall, in consultation with parents, teachers, and administrators,1081
1207	1128		develop and adopt a policy or regulation to promote parental involvement in the public1082
1208	1129		schools. Such policy or regulation shall be updated each year by June 1 and posted on each1083
1209		-	H. B. 268
1210		-	- 42 - 25 HB 268/AP
1211		-	governing body's public website, and a copy of such policy or regulation shall be available
1212		-	1084
	1130	+	- 42 - 25 LC 49 2396S
	1131	+	governing body's public website, and a copy of such policy or regulation shall be available1084
1213	1132		for review on site upon request by a parent. Such policy or regulation shall include:1085
1214		-	(1) Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670
1215		-	for1086
	1133	+	(1) Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670 for1086
1216	1134		a parent to review records relating to his or her minor child and to request the transfer of1087
1217	1135		such records to another school or a person or entity authorized to receive such records;1088
1218	1136		(2)(A) Procedures for a parent to learn about his or her minor child's courses of study,1089
1219	1137		including, but not limited to, parental access to instructional materials intended for use1090
1220	1138		in the classroom. Instructional materials intended for use in his or her minor child's1091
1221	1139		classroom shall be made available for parental review during the review period. If such1092
1222	1140		instructional materials are not made available by a school or local school system for1093
1223	1141		review online, then they shall be made available for review on site upon a parent's1094
1224	1142		request made during the review period.1095
1225	1143		(B) Procedures for a parent to object to instructional materials intended for use in his1096
1226	1144		or her minor child's classroom or recommended by his or her minor child's teacher;1097
1227	1145		(3) Procedures for a parent to withdraw his or her minor child from the school's1098
1228	1146		prescribed course of study in sex education if the parent provides a written objection to1099
1229	1147		his or her minor child's participation. Such procedures must shall provide for a parent to1100
1230	1148		be notified in advance of such course content so that he or she may withdraw his or her1101
1231	1149		minor child from the course; and1102
1232	1150		(4) Procedures for a parent to provide written notice that photographs or video or voice1103
1233	1151		recordings of his or her child are not permitted, subject to applicable public safety and1104
1234	1152		security exceptions; and1105
1235	1153		(5) Procedures that meet the requirements of Code Sections 20-2-667 and 20-2-670 for1106
1236	1154		the timely production of a student's education records by such student's current or1107
1237	1155		previous school to another school in which such student has enrolled, intends to enroll,1108
1238	1156		or is considering enrollment."1109
1239		-	H. B. 268
1240		-	- 43 - 25 HB 268/AP
1241		-	SECTION 2-18.
1242		-	1110
	1157	+	- 43 - 25 LC 49 2396S
	1158	+	SECTION 2-18.1110
1243	1159		Said chapter is further amended by revising Code Section 20-2-1183, relating to written1111
1244	1160		agreement for law enforcement officers in schools, as follows:1112
1245	1161		"20-2-1183.1113
1246		-	(a)
1247		-	When a local school system assigns or employs law enforcement officers in schools,1114
	1162	+	(a) When a local school system assigns or employs law enforcement officers in schools,1114
1248	1163		the local board of education shall have a collaborative written agreement with law1115
1249	1164		enforcement officials to establish the role of law enforcement and school employees in1116
1250	1165		school disciplinary matters and ensure coordination and cooperation among officials,1117
1251	1166		agencies, and programs involved in school discipline and public protection.1118
1252	1167		(b) By October 1, 2025, the collaborative written agreement required by this Code section1119
1253	1168		shall include specific terms and conditions for the handling and disclosure of student1120
1254	1169		education records, student data, and student personally identifiable data, as such terms are1121
1255	1170		defined in Code Section 20-2-662. Such terms and conditions shall include, but shall not1122
1256	1171		be limited to:1123
1257	1172		(1) Under what circumstances information regarding a student may or shall be disclosed1124
1258	1173		to a law enforcement officer, a law enforcement agency, a judge or court personnel, or1125
1259	1174		another state or local agency or officer with a legal interest in such information;1126
1260	1175		(2) Whether any law enforcement officer who is subject to such agreement is or may act1127
1261	1176		as a school official with access to student education records and the personally1128
1262	1177		identifiable information contained therein; and1129
1263	1178		(3) Whether the law enforcement officers who are subject to such agreement constitute1130
1264	1179		a law enforcement unit, as such term is defined in the federal Family Education Rights1131
1265	1180		and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section 1232g;1132
1266	1181		and 34 C.F.R. Part 99.3; and, if so:1133
1267	1182		(A) What records shall be handled as law enforcement unit records and are not1134
1268	1183		protected by FERPA; and1135
1269	1184		(B) What records shall be handled as education records and are protected by FERPA.1136
1270		-	H. B. 268
1271		-	- 44 - 25 HB 268/AP
	1185	+	- 44 - 25 LC 49 2396S
1272	1186		(c) By August 1, 2025, the Department of Education shall publish on its public website1137
1273	1187		model language for the terms and conditions required by this Code section to be available1138
1274	1188		for use by schools and law enforcement officers. Such model language shall be reviewed1139
1275	1189		and updated from time to time as necessary to comport with the content of the guidance1140
1276	1190		document promulgated by the Department of Education chief privacy officer as provided1141
1277	1191		for in Code Section 20-2-663."1142
1278	1192		SECTION 2-19.1143
1279	1193		Said chapter is further amended in said article by revising subsections (a) and (c) of Code1144
1280	1194		Section 20-2-1185, relating to school safety plans and drills, as follows: 1145
1281	1195		"(a) Every public school shall prepare a school safety plan to help curb the growing1146
1282	1196		incidence of violence in schools, to respond effectively to such incidents, to address the1147
1283	1197		behavioral health needs of students, and to provide a safe learning environment for1148
1284	1198		Georgia's children, teachers, and other school personnel. Such plan shall also address1149
1285	1199		preparedness for natural disasters, hazardous materials or radiological accidents, acts of1150
1286	1200		violence, and acts of terrorism. School safety plans of public schools shall be prepared1151
1287	1201		with input from students enrolled in that school, parents or legal guardians of such students,1152
1288	1202		teachers in that school, community leaders, other school employees and school district1153
1289	1203		employees, and local law enforcement, juvenile court, fire service, public safety, and1154
1290	1204		emergency management agencies. As part of such plans, public schools shall provide for1155
1291	1205		the coordination with local law enforcement agencies and the local juvenile court system.1156
1292	1206		School safety plans shall include, at a minimum, the following strategy areas:1157
1293	1207		(1) Training school administrators, teachers, and support staff, including, but not limited1158
1294	1208		to, school resource officers, security officers, secretaries, custodians, and bus drivers, on1159
1295	1209		school violence prevention, school security, school threat assessment, mental health1160
1296	1210		awareness, and school emergency planning best practices;1161
1297	1211		(2) Evaluating and refining school security measures;1162
1298		-	H. B. 268
1299		-	- 45 - 25 HB 268/AP
1300		-	(3) Updating and exercising school emergency preparedness plans;
1301		-	1163
1302		-	(4) Strengthening partnerships with public safety officials; and
1303		-	1164
	1212	+	- 45 - 25 LC 49 2396S
	1213	+	(3) Updating and exercising school emergency preparedness plans;1163
	1214	+	(4) Strengthening partnerships with public safety officials; and1164
1304	1215		(5) Creating enhanced crisis communications plans and social media strategies;1165
1305	1216		(6) Addressing behavioral health needs of students and staff utilizing guidance from the1166
1306	1217		Department of Behavioral Health and Developmental Disabilities; and1167
1307	1218		(7) Developing a behavioral threat assessment and management process and plan1168
1308	1219		utilizing guidance from the Georgia Emergency Management and Homeland Security1169
1309	1220		Agency.1170
1310	1221		School safety plans of private schools may be prepared with input from students enrolled1171
1311	1222		in that school, parents or legal guardians of such students, teachers in that school, other1172
1312	1223		school employees, and local law enforcement, fire service, public safety, and emergency1173
1313	1224		management agencies. Such plans shall be reviewed and, if necessary, updated annually. 1174
1314	1225		Such plans of public schools shall be submitted to the local emergency management1175
1315	1226		agency, the local law enforcement agency, and the Georgia Emergency Management and1176
1316	1227		Homeland Security Agency, and the Department of Behavioral Health and Developmental1177
1317	1228		Disabilities, as provided for in Code Section 20-2-1185.1, for approval."1178
1318	1229		"(c) School safety plans prepared by public schools shall address or include:1179
1319	1230		(1) Security security issues in school safety zones as defined in Code1180
1320	1231		Section 16-11-127.1. School safety plans should also address security;1181
1321	1232		(2) Security issues involving the transportation of pupils students to and from school and1182
1322	1233		school functions when such transportation is furnished by the school or school system1183
1323	1234		and school functions held during noninstructional hours;1184
1324	1235		(3) Specific plans to restrict ingress to or egress from all buildings and other facilities1185
1325	1236		located on the school property; and1186
1326	1237		(4) Specific plans for whether and when each of the following will be locked or actively1187
1327	1238		supervised by school personnel, or both:1188
1328		-	H. B. 268
1329		-	- 46 - 25 HB 268/AP
	1239	+	- 46 - 25 LC 49 2396S
1330	1240		(A) Exterior doors and other access points of all buildings and other facilities located1189
1331	1241		on the school property; and1190
1332	1242		(B) Doors to all classrooms and other instructional spaces on the school property."1191
1333	1243		SECTION 2-20.1192
1334	1244		Said chapter is further amended in Article 27, relating to loitering at or disrupting schools,1193
1335	1245		by adding a new Code section to read as follows:1194
1336	1246		"20-2-1185.1.1195
1337	1247		(a) No later than January 1, 2027, each public school safety plan required by Code1196
1338	1248		Section 20-2-1185 shall include provisions that address the behavioral health needs of1197
1339	1249		students and a behavioral threat assessment management plan for providing a structured,1198
1340	1250		multidisciplinary process to identify, assess, and mitigate potential threats while supporting1199
1341	1251		the safety and well-being of students and school personnel.1200
1342	1252		(b)(1) Such behavioral threat assessment management plans shall be submitted to the1201
1343	1253		Department of Behavioral Health and Developmental Disabilities for approval.1202
1344	1254		(2) The Department of Behavioral Health and Developmental Disabilities shall provide1203
1345	1255		technical assistance to the Department of Education, regional educational service1204
1346	1256		agencies, and all local school systems and other public schools in this state, including1205
1347	1257		models of service to address the behavioral health needs of students.1206
1348	1258		(3) The Georgia Emergency Management and Homeland Security Agency shall1207
1349	1259		coordinate with the Department of Behavioral Health and Developmental Disabilities1208
1350	1260		with respect to providing training and technical assistance to the Department of1209
1351	1261		Education, regional educational service agencies, and all local school systems and other1210
1352	1262		public schools in this state on the development and implementation of such behavioral1211
1353	1263		threat assessment management plans.1212
1354	1264		(4) The Georgia Emergency Management and Homeland Security Agency shall1213
1355	1265		coordinate with the Department of Behavioral Health and Developmental Disabilities,1214
1356		-	H. B. 268
1357		-	- 47 - 25 HB 268/AP
	1266	+	- 47 - 25 LC 49 2396S
1358	1267		with respect to providing the same or similar training and technical assistance to private1215
1359	1268		schools in this state."1216
1360	1269		SECTION 2-21.1217
1361	1270		Said chapter is further amended in said article by adding a new Code section to read as1218
1362	1271		follows:1219
1363	1272		"20-2-1186.1220
1364	1273		(a) Subject to appropriations, the Georgia Emergency Management and Homeland1221
1365	1274		Security Agency shall establish an emergency alert response system to be provided to1222
1366	1275		public elementary and secondary schools in this state that allows a public elementary or1223
1367	1276		secondary school to communicate with local school systems about threats made on or1224
1368	1277		impacting a school campus or emergency procedures initiated upon a school campus due1225
1369	1278		to an active threat to safety.1226
1370	1279		(b) Subject to appropriations, the Georgia Emergency Management and Homeland1227
1371	1280		Security Agency shall establish a secure state-wide alert system for use by public1228
1372	1281		elementary and secondary schools in this state to report and monitor incidents of safety1229
1373	1282		threats made on or impacting a school campus. The name of any person who threatens the1230
1374	1283		safety of a school shall be included in such system; provided, however, that no student's1231
1375	1284		name shall be entered on any such system until the threat to school safety has been1232
1376	1285		investigated and verified by local law enforcement and the student has been evaluated by1233
1377	1286		a certificated school social worker from the local school system, if any are employed by1234
1378	1287		the local school system. The Georgia Emergency Management and Homeland Security1235
1379	1288		Agency shall develop standards for determining when a verified threat qualifies for1236
1380	1289		inclusion of a person within the system and a method for petitioning for removal from any1237
1381	1290		system developed pursuant to this subsection. Any such standards and method may include1238
1382	1291		a required evaluation of the student by a certificated school social worker. Such alert1239
1383	1292		system shall be accessible only to designated personnel at each public elementary or1240
1384		-	H. B. 268
1385		-	- 48 - 25 HB 268/AP
	1293	+	- 48 - 25 LC 49 2396S
1386	1294		secondary school in this state. When a student has been added to the alert system1241
1387	1295		established pursuant to this subsection, the local school system shall provide the parents1242
1388	1296		or guardians of such student with recommendations for counseling or other services."1243
1389	1297		PART III1244
1390	1298		SECTION 3-1.1245
1391	1299		Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the juvenile1246
1392	1300		code, is amended in Code Section 15-11-2, relating to definitions, by revising division1247
1393	1301		(12)(A)(iii) as follows:1248
1394	1302		"(iii) Aggravated assault upon an individual or situation described in subsection (d),1249
1395	1303		(h), or (k) of Code Section 16-5-21 or assault with a deadly weapon or with any1250
1396	1304		object, device, or instrument which, when used offensively against a person, actually1251
1397	1305		does result in serious bodily injury, provided that such deadly weapon is not a1252
1398	1306		firearm; and provided, further; provided, however, that such injured person is not a1253
1399	1307		public safety officer as defined in Code Section 16-5-19 and such acts are not1254
1400	1308		prohibited under subsection (c) of Code Section 16-5-21;"1255
1401	1309		SECTION 3-2.1256
1402	1310		Said chapter is further amended by revising Code Section 15-11-560, relating to concurrent1257
1403	1311		and original jurisdiction of superior court relative to delinquency, as follows:1258
1404	1312		"15-11-560.1259
1405	1313		(a) Except as provided in subsection (b) of this Code section, the court shall have1260
1406	1314		concurrent jurisdiction with the superior court over a child who is alleged to have1261
1407	1315		committed a delinquent act which would be considered a crime if tried in a superior court1262
1408	1316		and for which an adult may be punished by loss of life, imprisonment for life without1263
1409	1317		possibility of parole, or confinement for life in a penal institution.1264
1410		-	H. B. 268
1411		-	- 49 - 25 HB 268/AP
1412		-	(b) The superior court shall have exclusive original jurisdiction over the trial of any
1413		-	1265
	1318	+	- 49 - 25 LC 49 2396S
	1319	+	(b) The superior court shall have exclusive original jurisdiction over the trial of any1265
1414	1320		child 13 to 17 years of age who is alleged to have committed any of the following offenses:1266
1415	1321		(1) Murder;1267
1416	1322		(2) Murder in the second degree;1268
1417	1323		(3) Voluntary manslaughter;1269
1418	1324		(4) Rape;1270
1419	1325		(5) Aggravated sodomy;1271
1420	1326		(6) Aggravated child molestation;1272
1421	1327		(7) Aggravated sexual battery;1273
1422	1328		(8) Armed robbery if committed with a firearm;1274
1423		-	(9) Aggravated assault if committed with a firearm upon a public safety officer as such
1424		-	1275
	1329	+	(9) Aggravated assault if committed with a firearm upon a public safety officer as such1275
1425	1330		acts are prohibited under subsection (c) of Code Section 16-5-21; or1276
1426	1331		(10) Aggravated battery upon a public safety officer as such acts are prohibited under1277
1427	1332		subsection (c) of Code Section 16-5-24;1278
1428	1333		(11) A terroristic act upon a school in violation of subsection (c) of Code1279
1429	1334		Section 20-2-1181.1; or1280
1430	1335		(12) Attempt to commit murder.1281
1431	1336		(c) The granting of bail or pretrial release of a child charged with an offense enumerated1282
1432	1337		in subsection (b) of this Code section shall be governed by the provisions of Code1283
1433	1338		Section 17-6-1.1284
1434	1339		(d) At any time before indictment, the district attorney may, after investigation and for1285
1435	1340		cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged1286
1436	1341		to have committed an offense specified in subsection (b) of this Code section. Upon1287
1437	1342		declining such prosecution in the superior court, the district attorney shall cause a petition1288
1438	1343		to be filed in the appropriate juvenile court for adjudication within 72 hours if the child1289
1439	1344		is in detention or 30 days if the child is not in detention. Except as provided in paragraph1290
1440	1345		(8) of subsection (b) of Code Section 15-11-602, any case transferred by the district1291
1441		-	H. B. 268
1442		-	- 50 - 25 HB 268/AP
1443		-	attorney to the juvenile court pursuant to this subsection shall be subject to the class A
1444		-	1292
	1346	+	- 50 - 25 LC 49 2396S
	1347	+	attorney to the juvenile court pursuant to this subsection shall be subject to the class A1292
1445	1348		designated felony act provisions of Code Section 15-11-602, and the transfer of the case1293
1446	1349		from superior court to juvenile court shall constitute notice to such child that such case1294
1447	1350		is subject to the class A designated felony act provisions of Code Section 15-11-602.1295
1448	1351		(e)(1) After indictment, the superior court may after investigation transfer to the juvenile1296
1449	1352		court any case involving a child 13 to 17 years of age alleged to have committed any act1297
1450		-	described in paragraph (3), (5), (6), (7), (9), or
1451		-	(10), (11), or (12) of subsection (b) of this1298
	1353	+	described in paragraph (3), (5), (6), (7), (9), or (10), (11), or (12) of subsection (b) of this1298
1452	1354		Code section. In considering the transfer of such case, the court shall consider the criteria1299
1453	1355		set forth in Code Section 15-11-562. Any such transfer shall be appealable by the State1300
1454	1356		of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court,1301
1455	1357		jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall1302
1456	1358		terminate.1303
1457	1359		(2) Except as provided in paragraph (8) of subsection (b) of Code Section 15-11-602,1304
1458	1360		any case transferred by the superior court to the juvenile court pursuant to this1305
1459	1361		subsection shall be subject to the class A designated felony act provisions of Code1306
1460	1362		Section 15-11-602, and the transfer of the case from superior court to juvenile court1307
1461	1363		shall constitute notice to such child that such case is subject to the class A designated1308
1462	1364		felony act provisions of Code Section 15-11-602.1309
1463	1365		(f) The superior court may transfer any case involving a child 13 to 17 years of age alleged1310
1464	1366		to have committed any offense enumerated in subsection (b) of this Code section and1311
1465	1367		convicted of a lesser included offense not included in subsection (b) of this Code section1312
1466	1368		to the juvenile court of the county of such child's residence for disposition. Upon such a1313
1467	1369		transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction1314
1468	1370		of the superior court shall terminate.1315
1469	1371		(g) Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted1316
1470	1372		of certain offenses over which the superior court has original jurisdiction as provided in1317
1471	1373		subsection (b) of this Code section or adjudicated as a delinquent child on the basis of1318
1472		-	H. B. 268
1473		-	- 51 - 25 HB 268/AP
1474		-	conduct which if committed by an adult would constitute such offenses, the superior court
1475		-	1319
	1374	+	- 51 - 25 LC 49 2396S
	1375	+	conduct which if committed by an adult would constitute such offenses, the superior court1319
1476	1376		shall provide written notice to the school superintendent or his or her designee of the school1320
1477	1377		in which such child is enrolled or, if the information is known, of the school in which such1321
1478	1378		child plans to be enrolled at a future date. Such notice shall include the specific criminal1322
1479	1379		offense that such child committed. The local school system to which such child is assigned1323
1480	1380		may request further information from the court's file.1324
1481	1381		(h) As used in this Code section, the term 'firearm' means a handgun, rifle, shotgun, or1325
1482	1382		other weapon which will or can be converted to expel a projectile by the action of an1326
1483	1383		explosive or electrical charge."1327
1484	1384		SECTION 3-3.1328
1485	1385		Said chapter is further amended by revising subsection (a) of Code Section 15-11-562,1329
1486	1386		relating to transfer criteria and written report, as follows:1330
1487	1387		"(a) The criteria that the juvenile court shall consider in determining whether to transfer1331
1488	1388		an alleged delinquent child as set forth in subsection (a) of Code Section 15-11-561 to1332
1489	1389		superior court and the criteria that the superior court shall consider in determining whether1333
1490	1390		to transfer any case involving a child 13 to 17 years of age alleged to have committed any1334
1491		-	act described in paragraph (3), (5), (6), (7), (9), or
1492		-	(10), (11), or (12) of subsection (b) of1335
	1391	+	act described in paragraph (3), (5), (6), (7), (9), or (10), (11), or (12) of subsection (b) of1335
1493	1392		Code Section 15-11-560 to juvenile court as set forth in subsection (e) of Code1336
1494	1393		Section 15-11-560 includes, but shall not be limited to:1337
1495	1394		(1) The age of such child;1338
1496	1395		(2) The seriousness of the alleged offense, especially if personal injury resulted;1339
1497	1396		(3) Whether the protection of the community requires transfer of jurisdiction;1340
1498	1397		(4) Whether the alleged offense involved violence or was committed in an aggressive or1341
1499	1398		premeditated manner;1342
1500		-	H. B. 268
1501		-	- 52 - 25 HB 268/AP
1502		-	(5) The impact of the alleged offense on the alleged victim, including the permanence
1503		-	1343
1504		-	of any physical or emotional injury sustained, health care
1505		-	healthcare expenses incurred,1344
	1399	+	- 52 - 25 LC 49 2396S
	1400	+	(5) The impact of the alleged offense on the alleged victim, including the permanence1343
	1401	+	of any physical or emotional injury sustained, health care healthcare expenses incurred,1344
1506	1402		and lost earnings suffered;1345
1507	1403		(6) The culpability of such child including such child's level of planning and1346
1508	1404		participation in the alleged offense;1347
1509	1405		(7) Whether the alleged offense is a part of a repetitive pattern of offenses which1348
1510	1406		indicates that such child may be beyond rehabilitation in the juvenile justice system;1349
1511	1407		(8) The record and history of such child, including experience with the juvenile justice1350
1512	1408		system, other courts, supervision, commitments to juvenile institutions, and other1351
1513	1409		placements;1352
1514	1410		(9) The sophistication and maturity of such child as determined by consideration of his1353
1515	1411		or her home and environmental situation, emotional condition, and pattern of living;1354
1516	1412		(10) The program and facilities available to the juvenile court in considering disposition;1355
1517	1413		and1356
1518	1414		(11) Whether or not a child can benefit from the treatment or rehabilitative programs1357
1519	1415		available to the juvenile court."1358
1520	1416		SECTION 3-4.1359
1521	1417		Said chapter is further amended by revising subsection (a) and paragraph (2) of subsection1360
1522	1418		(b) of Code Section 20-2-1181, relating to disrupting operation of public school, school bus,1361
1523	1419		or school bus stop, penalty, and progressive discipline, as follows:1362
1524	1420		"(a) It shall be unlawful for any person to knowingly, intentionally, or recklessly disrupt1363
1525	1421		or interfere with the operation of any public school, public school bus, or public school bus1364
1526	1422		stop as designated by local boards of education. For purposes of this Code section, an1365
1527	1423		individual who knowingly, intentionally, or recklessly threatened, whether verbally, in1366
1528	1424		writing, or otherwise, the death of or serious injury to a group of individuals who are, or1367
1529	1425		will likely be, at or within a public school, public school bus, or public school bus stop,1368
1530		-	H. B. 268
1531		-	- 53 - 25 HB 268/AP
	1426	+	- 53 - 25 LC 49 2396S
1532	1427		shall be considered to have disrupted or interfered with the operation of such public school,1369
1533	1428		public school bus, or public school bus stop. Except as provided in subsection (b) of this1370
1534	1429		Code section, a person convicted of violating this Code section shall be guilty of a1371
1535	1430		misdemeanor of a high and aggravated nature."1372
1536	1431		"(2) A local board of education shall develop a system of progressive discipline that may1373
1537	1432		be imposed on a child accused of violating this Code section before initiating a1374
1538	1433		complaint. Such system of progressive discipline shall include a requirement that when1375
1539	1434		there is a credible accusation that an individual threatened, whether verbally, in writing,1376
1540	1435		or otherwise, the death of or serious injury to a group of individuals, pursuant to1377
1541	1436		subsection (a) of this Code section, who are, or will likely be, at or within a public school1378
1542	1437		that such individual attends, or has attended, the school shall be authorized to temporarily1379
1543	1438		assign such individual to remote learning and provide counseling to such individual and1380
1544	1439		shall initiate an investigation into such violation. Upon completion of such investigation1381
1545	1440		which results in substantive findings related to such violation, the school may elect to1382
1546	1441		reinstate the individual or impose relevant discipline."1383
1547	1442		SECTION 3-5.1384
1548	1443		Said chapter is further amended in Article 27, relating to loitering at or disrupting schools,1385
1549	1444		by adding a new Code section to read as follows:1386
1550	1445		"20-2-1181.1.1387
1551	1446		(a) As used in this Code section, the term:1388
1552	1447		(1) 'Hazardous substance' shall have the same meaning as set forth in Code1389
1553	1448		Section 12-8-92.1390
1554	1449		(2) 'Weapon' shall have the same meaning as set forth in Code Section 16-5-44.1. Such1391
1555	1450		term shall include, but shall not be limited to, each item included in paragraph (4) of1392
1556	1451		subsection (a) of Code Section 16-11-127.1.1393
1557		-	H. B. 268
1558		-	- 54 - 25 HB 268/AP
	1452	+	- 54 - 25 LC 49 2396S
1559	1453		(b) A person commits the offense of a terroristic threat of a school when he or she1394
1560	1454		threatens to commit any crime of violence, release any hazardous substance, or burn or1395
1561	1455		damage property and such threat is made:1396
1562	1456		(1) With the purpose of terrorizing another who at the time of such threat is physically1397
1563	1457		present:1398
1564	1458		(A) On public or private school operated property, including, but not limited to, school1399
1565	1459		buildings and school grounds;1400
1566	1460		(B) On a school bus or other vehicle furnished by a public or private school for the1401
1567	1461		transportation of students; or1402
1568	1462		(C) At a public or private school sponsored activity;1403
1569	1463		(2) With the purpose of causing the evacuation of:1404
1570	1464		(A) Public or private school operated property, including, but not limited to, school1405
1571	1465		buildings and school grounds; or1406
1572	1466		(B) A school bus or other vehicle furnished by a public or private school for the1407
1573	1467		transportation of students; or1408
1574	1468		(3) In reckless disregard of the risk of causing the terror or evacuation described in1409
1575	1469		paragraph (1) or (2) of this subsection;1410
1576	1470		provided, however, that no person shall be convicted under this subsection based on the1411
1577	1471		uncorroborated testimony of the party to whom the threat is communicated.1412
1578	1472		(c) A person commits the offense of a terroristic act upon a school when he or she commits1413
1579	1473		an act of using a weapon or flaming symbol or flambeau, releasing any hazardous1414
1580	1474		substance or any simulated hazardous substance under the guise of a hazardous substance,1415
1581	1475		or, while not in the commission of a lawful act, shooting at a conveyance which is being1416
1582	1476		operated or which is occupied by passengers and such act is committed:1417
1583	1477		(1) With the purpose of terrorizing another who at the time of such act is physically1418
1584	1478		present:1419
1585		-	H. B. 268
1586		-	- 55 - 25 HB 268/AP
	1479	+	- 55 - 25 LC 49 2396S
1587	1480		(A) On public or private school operated property, including, but not limited to, school1420
1588	1481		buildings and school grounds;1421
1589	1482		(B) On a school bus or other vehicle furnished by a public or private school for the1422
1590	1483		transportation of students; or1423
1591	1484		(C) At a public or private school sponsored activity; or1424
1592	1485		(2) With the purpose of causing the evacuation of:1425
1593	1486		(A) Public or private school operated property, including, but not limited to, school1426
1594	1487		buildings and school grounds; or1427
1595	1488		(B) A school bus or other vehicle furnished by a public or private school for the1428
1596	1489		transportation of students.1429
1597	1490		(d)(1) A person convicted of the offense of a terroristic threat of a school shall be1430
1598	1491		punished as for a misdemeanor; provided, however, that, if the threat suggested the death1431
1599	1492		of any person, the person shall be guilty of a felony and upon conviction thereof shall be1432
1600	1493		punished by a fine of not more than $1,000.00, imprisonment for not less than one nor1433
1601	1494		more than five years, or both; and provided, further, that, if any person suffers a serious1434
1602	1495		physical injury as a direct result of a threat giving rise to a conviction under1435
1603	1496		subsection (b) of this Code section, the person shall be guilty of a felony and upon1436
1604	1497		conviction thereof shall be punished by a fine of not more than $250,000.00,1437
1605	1498		imprisonment for not less than five nor more than 40 years, or both.1438
1606	1499		(2) A person convicted of the offense of a terroristic act upon a school shall be guilty of1439
1607	1500		a felony and upon conviction thereof shall be punished by a fine of not more1440
1608	1501		than $5,000.00, imprisonment for not less than one nor more than ten years, or both;1441
1609	1502		provided, however, that, if any person suffers a serious physical injury as a direct result1442
1610	1503		of an act giving rise to a conviction under subsection (c) of this Code section, the person1443
1611	1504		shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not1444
1612	1505		more than $250,000.00, imprisonment for not less than five nor more than 40 years, or1445
1613	1506		both."1446
1614		-	H. B. 268
1615		-	- 56 - 25 HB 268/AP
1616		-	PART IV.
1617		-	1447
	1507	+	- 56 - 25 LC 49 2396S
	1508	+	PART IV.1447
1618	1509		SECTION 4-1.1448
1619	1510		This Act shall become effective upon its approval by the Governor or upon its becoming law1449
1620	1511		without such approval. The provisions of Sections 2-8, 3-3, and 3-4 of this Act shall be1450
1621	1512		applicable to any offenses committed on or after the effective date of this Act.1451
1622	1513		SECTION 4-2.1452
1623	1514		All laws and parts of laws in conflict with this Act are repealed.1453
1624		-	H. B. 268
1625	1515		- 57 -