25 LC 49 2402S
The House Committee on Education offers the following substitute to SB 152:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2B of Title 20 of the Official Code of Georgia Annotated, relating to1
promise scholarship accounts, so as to provide that the biological or adopted children of2
individuals who are foster parents and who meet certain conditions shall qualify for promise3
scholarship accounts; to provide for such conditions; to provide for definitions; to provide4
for the education savings authority to make limited disclosures to the Department of Revenue5
for purposes of verifying income as compared to income thresholds; to clarify and revise6
student qualifications for promise scholarship accounts; to provide for related matters; to7
provide for an effective date; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Chapter 2B of Title 20 of the Official Code of Georgia Annotated, relating to promise11
scholarship accounts, is amended in Code Section 20-2B-5, relating to powers of the12
education savings authority, by revising subsection (b) and by adding two new subsections13
to read as follows:14
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"(b) Pursuant Except as provided in subsection (d) of this Code section, pursuant to Code15
Section 50-18-70, the education savings authority shall not disclose and shall keep16
confidential, in each case unless identifying information has been redacted:17
(1) Records that include information identifying a student or former student by name,18
address except for ZIP Code, telephone number, or emergency contact; and19
(2) Records that reveal an individual's social security number, mother's birth name, credit20
card information, debit card information, bank account information, account number,21
utility account number, password used to access his or her account, financial data or22
information, insurance or medical information in all records, unlisted telephone number23
if so designated in a public record, personal email address or cellular telephone number,24
or month and day of birth."25
"(d) As necessary to enforce the provisions of this chapter, the education savings authority26
or its duly authorized agents may submit to the state revenue commissioner the names of27
applicants for promise scholarship accounts or account funds or other benefits or payments28
provided under this chapter, as well as the relevant income threshold specified therein. If29
the education savings authority elects to contract with the state revenue commissioner for30
such purposes, the state revenue commissioner and his or her agents or employees shall31
notify the education savings authority whether each submitted applicant's income exceeds32
the relevant income threshold provided. The education savings authority shall pay the state33
revenue commissioner for all costs incurred by the Department of Revenue pursuant to this34
subsection. No information shall be provided by the Department of Revenue to the35
education savings authority without an executed cooperative agreement between the two36
entities. Any tax information secured from the federal government by the Department of37
Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may38
not be disclosed by the Department of Revenue pursuant to this subsection. Any person39
receiving any tax information under the authority of this subsection is subject to the40
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provisions of Code Section 48-7-60 and to all penalties provided under Code41
Section 48-7-61 for unlawful divulging of confidential tax information.42
(e) As necessary to enforce the provisions of the chapter, the education savings authority43
or its duly authorized agents may submit to the Department of Human Services the names44
of foster parents provided by applicants seeking promise scholarships accounts pursuant45
to Code Section 20-2B-22.1. The Department of Human Services shall, upon receipt of46
such names, provide verification to the education savings authority or its duly authorized47
agents as to whether such individuals are foster parents as such term is defined in Code48
Section 20-2B-22.1."49
SECTION 2.50
Said chapter is further amended in Code Section 20-2B-22, relating to participating student51
qualifications, continued eligibility of participating students to receive funds subject to52
conditions, requirements for parents of participating students, and forfeiture of account funds,53
by revising paragraph (3) and subparagraph (B) of paragraph (5) of subsection (a) as follows:54
"(3) The student resides in the attendance zone of Based on his or her primary residence,55
the student is currently enrolled in, or will be eligible to be enrolled for the following56
school year in, a public school that is included on the list of public schools provided for57
in Code Section 20-2B-29 or a qualified kindergarten program of such school;"58
"(B) In the event that the amount of funds appropriated for the program exceeds the59
amount of funds necessary to include all students who meet the family income60
requirement provided for in subparagraph (A) of this paragraph and the student:61
(i) Is already a participating student; or and62
(ii) Timely submitted an application for an account to the education savings authority63
by either of the two quarterly application deadlines immediately preceding July 1 as64
provided for in paragraph (9) of this subsection,65
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the student's family income exceeds 400 percent of the federal poverty level as defined66
annually by the federal Office of Management and Budget; provided, however, that from67
among students provided for in this subparagraph, students who previously participated68
in the program shall be prioritized;"69
SECTION 3.70
Said chapter is further amended by adding a new Code section to read as follows:71
"20-2B-22.1.72
(a) As used in this Code section, the term:73
(1) 'Biological or adopted child' means a child who is the biological issue of an74
individual or who has been adopted by an individual pursuant to a decree of adoption by75
a court of this state or by a court of any other jurisdiction.76
(2) 'Foster parent' means an individual who maintains an approved and open foster care77
home which is utilized by a child-placing agency pursuant to Chapter 5 of Title 49 or78
approved and directly supervised by the Department of Human Services.79
(b) Notwithstanding any provision of Code Section 20-2B-22 to the contrary, each student80
who has reached the age of four years but has not reached the age of 20 years, who is the81
biological or adopted child of an individual who is a foster parent, and who meets the82
requirements of paragraphs (1), (4), (6), (7), (8), and (9) of subsection (a) of Code Section83
20-2B-22 shall qualify for a promise scholarship account under this article."84
SECTION 4.85
This Act shall become effective on July 1, 2025.86
SECTION 5.87
All laws and parts of laws in conflict with this Act are repealed.88
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