25 LC 49 2250S
The Senate Committee on Education and Youth offered the following
substitute to SB 124:
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1
require the State School Superintendent and the Department of Education to take all steps2
reasonably necessary to implement guidance documents from a federal agency, including,3
but not limited to, directives related to expanding educational freedom and opportunities for4
families; to authorize the State Board of Education to adopt rules; to provide for definitions;5
to make promise scholarship accounts available to students whose parent is an active duty6
military service member stationed in Georgia, regardless of the school attendance zone in7
which such students reside, subject to limitation; to provide for such limitation; to provide8
for prioritization of such students; to provide for continued eligibility; to provide for related9
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in13
Article 2 of Chapter 2, relating to the State School Superintendent, by revising Code14
Section 20-2-37, which is reserved, as follows:15
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"20-2-37.16
(a) As used in this Code section, the term:17
(1) 'Federal agency' means the United States Department of Education or any other18
agency, as such term is defined in 44 U.S.C. Section 3502.19
(2) 'Guidance document' means any statement of general applicability issued by a federal20
agency or by an official of such federal agency that sets forth a policy on a statutory,21
regulatory, or technical issue or an interpretation of a statutory or regulatory issue;22
provided, however, that such term shall not include a rule or other regulatory action that23
has the force and effect of law promulgated in accordance with the notice and comment24
rule-making requirements of the federal Administrative Procedure Act. Such term shall25
include, but shall not be limited to, advisories, announcements, bulletins, circulars,26
directives, letters, manuals, memoranda, notices, policy statements, and media, news, and27
press releases. Such term shall encompass all guidance materials, regardless of format,28
and shall include, but shall not be limited to, audio files and recordings; documents in29
digital, electronic, or hard copy format; video files and recordings; internet posts; and30
software applications. Such term shall be construed broadly to effectuate the purpose and31
intent of this Code section.32
(b) The State School Superintendent and the Department of Education shall take all steps33
reasonably necessary to implement guidance documents from a federal agency, including,34
but not limited to, directives related to expanding educational freedom and opportunities35
for families.36
(c) The State Board of Education shall be authorized to adopt rules as necessary to37
implement the requirements of this Code section. Reserved."38
SECTION 2.39
Said title is further amended in Article 2 of Chapter 2B, relating to promise scholarship40
accounts, by adding a new Code section to read as follows:41
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"20-2B-22.1.42
(a) Except as provided in subsection (b) of this Code section, notwithstanding any43
provision of paragraph (2) or (3) of subsection (a) of Code Section 20-2B-22 or any other44
provision of law to the contrary, each student whose parent is an active duty military45
service member stationed in Georgia shall qualify for a promise scholarship account.46
(b) Subject to subsection (c) of this Code section:47
(1) No student shall qualify for the first time for a promise scholarship account48
exclusively pursuant to this Code section during any school year for which the amount49
of funds appropriated for the program is less than the amount of funds necessary to50
include all students who meet the family income requirement provided for in51
subparagraph (a)(5)(A) of Code Section 20-2B-22; and52
(2) In the event that the amount of funds appropriated for the program exceeds the53
amount of funds necessary to include all students who meet the family income54
requirement provided for in subparagraph (a)(5)(A) of Code Section 20-2B-22, students55
who qualify for a promise scholarship account exclusively pursuant to this Code section56
shall be prioritized over students whose family income exceeds 400 percent of the federal57
poverty level as defined annually by the federal Office of Management and Budget.58
(c) Provided that such student resides in Georgia, each student who has qualified for a59
promise scholarship account under this Code section shall continue to be eligible to receive60
account funds until such student returns to a public school, graduates from high school, or61
reaches the age of 20 years, or for special education students, reaches the age of 21 years."62
SECTION 3.63
This Act shall become effective upon its approval by the Governor or upon its becoming law64
without such approval.65
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SECTION 4.66
All laws and parts of laws in conflict with this Act are repealed.67
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