25 LC 49 2329S
The Senate Committee on Education and Youth offered the following
substitute to HB 371:
A BILL TO BE ENTITLED
AN ACT
To amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia1
Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as2
to provide for an increase of the state's maximum authorization of capital outlay funding3
from $300 million to $375 million annually; to require that for each new elementary school4
constructed on or after July 1, 2027, which includes a playground, such playground shall5
meet certain standards; to provide for an effective date; to provide for related matters; to6
repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,10
relating to capital outlay funds under the "Quality Basic Education Act," is amended in Code11
Section 20-2-260, relating to capital outlay funds generally, by revising paragraph (1) of12
subsection (g) as follows:13
"(g)(1) In order to determine a reasonable total funding level for the purposes stated in14
subsection (e) of this Code section and to establish a fair and equitable distribution of15
funds to local school systems, the State Board of Education shall annually determine a16
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level of authorization. Starting with fiscal year 2014 2027 applications for funds and for17
each fiscal year thereafter, the new authorization level may equal zero but shall not18
exceed $300 $375 million, adjusted annually to reflect the changes in the current annual19
construction cost data maintained by the Department of Education pursuant to paragraph20
(4) of subsection (c) of this Code section. For purposes of deliberations with the21
Governor and the General Assembly regarding the amount of state funds to be22
appropriated, calculations shall be made for at least three levels below the $300 $37523
million maximum authorization, adjusted as specified in this paragraph."24
SECTION 2.25
Said part is further amended in Code Section 20-2-261, relating to common minimum facility26
requirements, by revising subsection (a) as follows:27
"(a) The State Board of Education shall establish common minimum facility requirements28
which each public school facility must shall meet in order to be certified for use in any29
component of the educational or recreational program of that such school. Such minimum30
requirements shall:31
(1) Include such include those provisions of law or state board policy on matters that32
relate to:33
(A) Fire fire and physical safety;34
(B) Sanitation sanitation and health, including temperature and ventilation;35
(C) Minimum minimum space, size, and configuration for the various components of36
the instructional program; and37
(D) Construction construction stability, quality, and suitability for intended uses;. Such38
minimum requirements shall not39
(2) Not prohibit wood construction that is otherwise in compliance with state minimum40
standard codes as they existed on January 1, 2014. As used in this subsection, the term41
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'state minimum standard codes' shall have the same meaning as in paragraph (9) of Code42
Section 8-2-20; and43
(3) Provide that for each new elementary school constructed on or after July 1, 2027,44
which includes a playground, such playground shall meet the following design standards:45
(A) Provides a sensory-diverse environment that enables children of all abilities to46
develop physically, socially, and emotionally;47
(B) Provides an engaging play space with age and ability-appropriate levels of48
challenge and offers opportunities for children of all abilities to succeed, regardless of49
physical and intellectual attributes;50
(C) Enables all students to benefit from state mandated recess time for elementary51
students;52
(D) Capable for use as an outdoor classroom that is open to all students; and53
(E) Meets the following minimum guidelines:54
(i) Playground is accessible via a sidewalk or pathway from the school;55
(ii) Playground is a minimum of 10,000 square feet in area;56
(iii) Fencing surrounds and encloses the entire playground area;57
(iv) A minimum of 20 percent of the total playground area shall be shaded; provided,58
however, that such shaded area may comprise more than one area so long as the total59
shaded area meets or exceeds 20 percent of the total playground area; and, provided,60
further, that such shading may be provided by natural means, such as existing mature61
trees, or man-made means, such as sun canopies;62
(v) Unitary surfacing shall be used throughout at least 80 percent of the playground63
area. Examples of unitary surfacing include, but are not limited to, turf, bonded64
rubber, and poured in place rubber; and65
(vi) Multiple components that are installed on a portion of the playground with the66
unitary surfacing and are accessible for all users that address the physical, sensory,67
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cognitive, social, emotional, imaginative, and communication needs of those who will68
visit the playground, such as:69
(I) Communication boards;70
(II) Learning American Sign Language (ASL) alphabet panels;71
(III) Learning Braille alphabet panels;72
(IV) Roller slides;73
(V) Pieces of equipment that make music, such as chimes, drums, and bells;74
(VI) Adaptive or accessible swings;75
(VII) Play pieces that are accessible to a child remaining in a wheelchair that allows76
such child to play with other children;77
(VIII) Sensory panels;78
(IX) Wheelchair accessible raised structures; and79
(X) Wheelchair accessible slides."80
SECTION 3.81
This Act shall become effective on July 1, 2025.82
SECTION 4.83
All laws and parts of laws in conflict with this Act are repealed.84
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