25 LC 49 2025
Senate Bill 22
By: Senators Tillery of the 19th, Walker III of the 20th, Brass of the 6th, Still of the 48th,
Burns of the 23rd and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,
1
relating to the State School Superintendent, so as to require the Department of Education to2
publish relevant and applicable federal guidance documents and related information; to3
provide for definitions; to require annual notice from the State School Superintendent to4
designated committees and offices of the General Assembly and the Office and Planning and5
Budget; to authorize the State Board of Education to adopt rules; to provide for related6
matters; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Article 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the10
State School Superintendent, is amended by revising Code Section 20-2-37, which is11
reserved, as follows:12
"20-2-37.13
(a) As used in this Code section, the term:
14
(1) 'Federal agency' means the United States Department of Education or any other15
agency, as such term is defined in 44 U.S.C. Section 3502.16
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(2) 'Guidance document' means any statement of general applicability issued by a federal17
agency or by an official of such federal agency that sets forth a policy on a statutory,18
regulatory, or technical issue or an interpretation of a statutory or regulatory issue;19
provided, however, that such term shall not include a rule or other regulatory action that20
has the force and effect of law promulgated in accordance with the notice and comment21
rule-making requirements of the federal Administrative Procedure Act. Such term shall22
include, but shall not be limited to, advisories, announcements, bulletins, circulars,23
directives, letters, manuals, memoranda, notices, policy statements, and media, news, and24
press releases. Such term shall encompass all guidance materials, regardless of format,25
and shall include, but shall not be limited to, audio files and recordings; documents in26
digital, electronic, or hard copy format; video files and recordings; internet posts; and27
software applications. Such term shall be construed broadly to effectuate the purpose and28
intent of this Code section.29
(b)(1) Within 15 calendar days of receiving a guidance document from a federal agency30
which the State School Superintendent or Department of Education deems relevant and31
applicable to the duties, responsibilities, or business of the Department of Education, the32
State Board of Education, or the State School Superintendent, the Department of33
Education shall publish such guidance document in accordance with the requirements of34
subsection (c) of this Code section.35
(2) Within 45 calendar days of receiving a guidance document provided for in36
paragraph (1) of this subsection, the Department of Education shall include on the37
dedicated web page provided for in subsection (c) of this Code section a written response38
to such guidance document that includes, at a minimum:39
(A) Each federal or state statute, regulation, or rule that is addressed either expressly40
or by reasonable implication, interpretation, or application in such guidance document;41
(B) A description of how such guidance document will be implemented; and42
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(C) Whether the State School Superintendent or the Department of Education has43
communicated to the relevant federal agency any objection or exception to such44
guidance document in whole or in part.45
(3) Within 15 calendar days of a guidance document provided for in paragraph (1) of this46
subsection being rescinded, the Department of Education shall:47
(A) Clearly indicate on the dedicated web page provided for in subsection (c) of this48
Code section that such guidance document has been rescinded; and49
(B) Add the rescinded guidance document along with the date such guidance document50
was rescinded to a separate and clearly identifiable list of rescinded guidance51
documents to be maintained on the dedicated web page provided for in subsection (c)52
of this Code section.53
(c) All guidance documents and rescinded guidance documents which are required to be54
published by the Department of Education under subsection (b) of this Code section shall55
be published on a dedicated web page on the Department of Education's public website that56
is clearly identifiable, readily searchable using the search tool included on such public57
website, and accessible via a link that is included on the home page of such public website.58
(d) Annually by August 1, the State School Superintendent shall provide in writing the59
following information to the chairpersons of the House Committee on Education, the60
Senate Education and Youth Committee, the House Committee on Higher Education, the61
Senate Higher Education Committee, the House Committee on Appropriations, and the62
Senate Appropriations Committee; the Office of Legislative Counsel; and the directors of63
the Office of Planning and Budget, the House Budget and Research Office, and the Senate64
Budget and Evaluation Office:65
(1) The Department of Education's public website address and the link to the dedicated66
web page provided for in subsection (c) of this Code section;67
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(2) A complete list of guidance documents and rescinded guidance documents that are68
currently published on the dedicated web page provided for in subsection (c) of this Code69
section;70
(3) A complete copy of the written responses provided for in paragraph (2) of71
subsection (b) of this Code section; and72
(4) A complete copy of each rule adopted by the State Board of Education pursuant to73
subsection (e) of this Code section.74
(e) The State Board of Education shall be authorized to adopt rules as necessary to75
implement the requirements of this Code section. Reserved."76
SECTION 2.77
All laws and parts of laws in conflict with this Act are repealed.78
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