| 1 | 1 | | 25 LC 49 2025 |
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| 2 | 2 | | Senate Bill 22 |
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| 3 | 3 | | By: Senators Tillery of the 19th, Walker III of the 20th, Brass of the 6th, Still of the 48th, |
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| 4 | 4 | | Burns of the 23rd and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Article 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, |
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| 8 | 8 | | 1 |
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| 9 | 9 | | relating to the State School Superintendent, so as to require the Department of Education to2 |
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| 10 | 10 | | publish relevant and applicable federal guidance documents and related information; to3 |
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| 11 | 11 | | provide for definitions; to require annual notice from the State School Superintendent to4 |
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| 12 | 12 | | designated committees and offices of the General Assembly and the Office and Planning and5 |
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| 13 | 13 | | Budget; to authorize the State Board of Education to adopt rules; to provide for related6 |
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| 14 | 14 | | matters; to repeal conflicting laws; and for other purposes.7 |
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| 15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 16 | 16 | | SECTION 1.9 |
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| 17 | 17 | | Article 2 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the10 |
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| 18 | 18 | | State School Superintendent, is amended by revising Code Section 20-2-37, which is11 |
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| 19 | 19 | | reserved, as follows:12 |
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| 20 | 20 | | "20-2-37.13 |
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| 21 | 21 | | (a) As used in this Code section, the term: |
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| 22 | 22 | | 14 |
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| 23 | 23 | | (1) 'Federal agency' means the United States Department of Education or any other15 |
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| 24 | 24 | | agency, as such term is defined in 44 U.S.C. Section 3502.16 |
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| 25 | 25 | | S. B. 22 |
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| 26 | 26 | | - 1 - 25 LC 49 2025 |
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| 27 | 27 | | (2) 'Guidance document' means any statement of general applicability issued by a federal17 |
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| 28 | 28 | | agency or by an official of such federal agency that sets forth a policy on a statutory,18 |
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| 29 | 29 | | regulatory, or technical issue or an interpretation of a statutory or regulatory issue;19 |
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| 30 | 30 | | provided, however, that such term shall not include a rule or other regulatory action that20 |
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| 31 | 31 | | has the force and effect of law promulgated in accordance with the notice and comment21 |
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| 32 | 32 | | rule-making requirements of the federal Administrative Procedure Act. Such term shall22 |
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| 33 | 33 | | include, but shall not be limited to, advisories, announcements, bulletins, circulars,23 |
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| 34 | 34 | | directives, letters, manuals, memoranda, notices, policy statements, and media, news, and24 |
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| 35 | 35 | | press releases. Such term shall encompass all guidance materials, regardless of format,25 |
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| 36 | 36 | | and shall include, but shall not be limited to, audio files and recordings; documents in26 |
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| 37 | 37 | | digital, electronic, or hard copy format; video files and recordings; internet posts; and27 |
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| 38 | 38 | | software applications. Such term shall be construed broadly to effectuate the purpose and28 |
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| 39 | 39 | | intent of this Code section.29 |
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| 40 | 40 | | (b)(1) Within 15 calendar days of receiving a guidance document from a federal agency30 |
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| 41 | 41 | | which the State School Superintendent or Department of Education deems relevant and31 |
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| 42 | 42 | | applicable to the duties, responsibilities, or business of the Department of Education, the32 |
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| 43 | 43 | | State Board of Education, or the State School Superintendent, the Department of33 |
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| 44 | 44 | | Education shall publish such guidance document in accordance with the requirements of34 |
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| 45 | 45 | | subsection (c) of this Code section.35 |
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| 46 | 46 | | (2) Within 45 calendar days of receiving a guidance document provided for in36 |
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| 47 | 47 | | paragraph (1) of this subsection, the Department of Education shall include on the37 |
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| 48 | 48 | | dedicated web page provided for in subsection (c) of this Code section a written response38 |
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| 49 | 49 | | to such guidance document that includes, at a minimum:39 |
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| 50 | 50 | | (A) Each federal or state statute, regulation, or rule that is addressed either expressly40 |
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| 51 | 51 | | or by reasonable implication, interpretation, or application in such guidance document;41 |
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| 52 | 52 | | (B) A description of how such guidance document will be implemented; and42 |
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| 53 | 53 | | S. B. 22 |
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| 54 | 54 | | - 2 - 25 LC 49 2025 |
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| 55 | 55 | | (C) Whether the State School Superintendent or the Department of Education has43 |
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| 56 | 56 | | communicated to the relevant federal agency any objection or exception to such44 |
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| 57 | 57 | | guidance document in whole or in part.45 |
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| 58 | 58 | | (3) Within 15 calendar days of a guidance document provided for in paragraph (1) of this46 |
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| 59 | 59 | | subsection being rescinded, the Department of Education shall:47 |
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| 60 | 60 | | (A) Clearly indicate on the dedicated web page provided for in subsection (c) of this48 |
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| 61 | 61 | | Code section that such guidance document has been rescinded; and49 |
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| 62 | 62 | | (B) Add the rescinded guidance document along with the date such guidance document50 |
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| 63 | 63 | | was rescinded to a separate and clearly identifiable list of rescinded guidance51 |
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| 64 | 64 | | documents to be maintained on the dedicated web page provided for in subsection (c)52 |
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| 65 | 65 | | of this Code section.53 |
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| 66 | 66 | | (c) All guidance documents and rescinded guidance documents which are required to be54 |
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| 67 | 67 | | published by the Department of Education under subsection (b) of this Code section shall55 |
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| 68 | 68 | | be published on a dedicated web page on the Department of Education's public website that56 |
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| 69 | 69 | | is clearly identifiable, readily searchable using the search tool included on such public57 |
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| 70 | 70 | | website, and accessible via a link that is included on the home page of such public website.58 |
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| 71 | 71 | | (d) Annually by August 1, the State School Superintendent shall provide in writing the59 |
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| 72 | 72 | | following information to the chairpersons of the House Committee on Education, the60 |
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| 73 | 73 | | Senate Education and Youth Committee, the House Committee on Higher Education, the61 |
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| 74 | 74 | | Senate Higher Education Committee, the House Committee on Appropriations, and the62 |
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| 75 | 75 | | Senate Appropriations Committee; the Office of Legislative Counsel; and the directors of63 |
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| 76 | 76 | | the Office of Planning and Budget, the House Budget and Research Office, and the Senate64 |
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| 77 | 77 | | Budget and Evaluation Office:65 |
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| 78 | 78 | | (1) The Department of Education's public website address and the link to the dedicated66 |
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| 79 | 79 | | web page provided for in subsection (c) of this Code section;67 |
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| 80 | 80 | | S. B. 22 |
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| 81 | 81 | | - 3 - 25 LC 49 2025 |
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| 82 | 82 | | (2) A complete list of guidance documents and rescinded guidance documents that are68 |
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| 83 | 83 | | currently published on the dedicated web page provided for in subsection (c) of this Code69 |
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| 84 | 84 | | section;70 |
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| 85 | 85 | | (3) A complete copy of the written responses provided for in paragraph (2) of71 |
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| 86 | 86 | | subsection (b) of this Code section; and72 |
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| 87 | 87 | | (4) A complete copy of each rule adopted by the State Board of Education pursuant to73 |
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| 88 | 88 | | subsection (e) of this Code section.74 |
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| 89 | 89 | | (e) The State Board of Education shall be authorized to adopt rules as necessary to75 |
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| 90 | 90 | | implement the requirements of this Code section. Reserved."76 |
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| 91 | 91 | | SECTION 2.77 |
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| 92 | 92 | | All laws and parts of laws in conflict with this Act are repealed.78 |
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| 93 | 93 | | S. B. 22 |
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| 94 | 94 | | - 4 - |
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