25 SB 124/CSFA
Senate Bill 124
By: Senators Still of the 48th, Dolezal of the 27th, Payne of the 54th, Anavitarte of the 31st,
Kennedy of the 18th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
1
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 require the publication and reporting of certain information relating to federal5
guidance documents; to authorize the State Board of Education to adopt rules; to provide for6
definitions; to make promise scholarship accounts available to students whose parent is an7
active duty military service member stationed in Georgia, regardless of the school attendance8
zone in which such students reside, subject to limitation; to provide for such limitation; to9
provide for prioritization of such students; to provide for continued eligibility; to provide for10
related matters; to provide for an effective date; to repeal conflicting laws; and for other11
purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
SECTION 1.14
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in15
Article 2 of Chapter 2, relating to the State School Superintendent, by revising Code16
Section 20-2-37, which is reserved, as follows:17
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"20-2-37.
18
(a) As used in this Code section, the term:
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(1) 'Federal agency' means the United States Department of Education or any other20
agency, as such term is defined in 44 U.S.C. Section 3502.21
(2) 'Guidance document' means any statement of general applicability issued by a federal22
agency or by an official of such federal agency that sets forth a policy on a statutory,23
regulatory, or technical issue or an interpretation of a statutory or regulatory issue;24
provided, however, that such term shall not include a rule or other regulatory action that25
has the force and effect of law promulgated in accordance with the notice and comment26
rule-making requirements of the federal Administrative Procedure Act. Such term shall27
include, but shall not be limited to, advisories, announcements, bulletins, circulars,28
directives, letters, manuals, memoranda, notices, policy statements, and media, news, and29
press releases. Such term shall encompass all guidance materials, regardless of format,30
and shall include, but shall not be limited to, audio files and recordings; documents in31
digital, electronic, or hard copy format; video files and recordings; internet posts; and32
software applications. Such term shall be construed broadly to effectuate the purpose and33
intent of this Code section.34
(b) The State School Superintendent and the Department of Education shall take all steps35
reasonably necessary to implement guidance documents from a federal agency, including,36
but not limited to, directives related to expanding educational freedom and opportunities37
for families.38
(c)(1) Within 15 calendar days of receiving a guidance document from a federal agency39
which the State School Superintendent or the State Board of Education deems relevant and40
applicable to the duties, responsibilities, or business of the Department of Education, the41
Department of Education shall publish such guidance document in accordance with the42
requirements of subsection (d) of this Code section.43
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(2) Within 45 calendar days of receiving a guidance document provided for in44
paragraph (1) of this subsection, the Department of Education shall include on the45
dedicated web page provided for in subsection (d) of this Code section a written response46
to such guidance document that includes, at a minimum:47
(A) Each federal or state statute, regulation, or rule that is addressed either expressly48
or by reasonable implication, interpretation, or application in such guidance document;49
and50
(B) A description of how such guidance document will be implemented or objected to.51
(3) Within 15 calendar days of a guidance document provided for in paragraph (1) of this52
subsection being rescinded, the Department of Education shall:53
(A) Clearly indicate on the dedicated web page provided for in subsection (c) of this54
Code section that such guidance document has been rescinded; and55
(B) Add the rescinded guidance document along with the date such guidance document56
was rescinded to a separate and clearly identifiable list of rescinded guidance57
documents to be maintained on the dedicated web page provided for in subsection (c)58
of this Code section.59
(d) All guidance documents and rescinded guidance documents which are required to be60
published by the Department of Education under subsection (c) of this Code section shall61
be published on a dedicated web page on the Department of Education's public website that62
is clearly identifiable, readily searchable using the search tool included on such public63
website, and accessible via a link that is included on the home page of such public website.64
(e) the State School Superintendent shall report the above to the General Assembly65
annually.66
(f) The State Board of Education shall be authorized to adopt rules as necessary to67
implement the requirements of this Code section. Reserved."68
SECTION 2.69
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Said title is further amended in Article 2 of Chapter 2B, relating to promise scholarship
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accounts, by adding a new Code section to read as follows:71
"20-2B-22.1.
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(a) Except as provided in subsection (b) of this Code section, notwithstanding any73
provision of paragraph (2) or (3) of subsection (a) of Code Section 20-2B-22 or any other74
provision of law to the contrary, each student whose parent is an active duty military75
service member stationed in Georgia shall qualify for a promise scholarship account.76
(b) Subject to subsection (c) of this Code section:77
(1) No student shall qualify for the first time for a promise scholarship account78
exclusively pursuant to this Code section during any school year for which the amount79
of funds appropriated for the program is less than the amount of funds necessary to80
include all students who meet the family income requirement provided for in81
subparagraph (a)(5)(A) of Code Section 20-2B-22; and82
(2) In the event that the amount of funds appropriated for the program exceeds the83
amount of funds necessary to include all students who meet the family income84
requirement provided for in subparagraph (a)(5)(A) of Code Section 20-2B-22, students85
who qualify for a promise scholarship account exclusively pursuant to this Code section86
shall be prioritized over students whose family income exceeds 400 percent of the federal87
poverty level as defined annually by the federal Office of Management and Budget.88
(c) Provided that such student resides in Georgia, each student who has qualified for a89
promise scholarship account under this Code section shall continue to be eligible to receive90
account funds until such student returns to a public school, graduates from high school, or91
reaches the age of 20 years, or for special education students, reaches the age of 21 years."92
SECTION 3.93
This Act shall become effective upon its approval by the Governor or upon its becoming law94
without such approval.95
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SECTION 4.
96
All laws and parts of laws in conflict with this Act are repealed.97
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