25 LC 49 2229
Senate Bill 248
By: Senators Dixon of the 45th, Anavitarte of the 31st, Harbin of the 16th, Payne of the 54th
and Hickman of the 4th
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
establish and provide for the Georgia Council on Library Materials Standards; to provide for2
definitions, including definitions for the terms "harmful to minors," "restricted materials,"3
and "sexually explicit materials"; to require the Georgia Council on Library Materials4
Standards to establish standards for the designation of restricted materials by local boards of5
education, standards for the use and restriction of instructional materials, and standards for6
the use and restriction of public school library collection materials; to require the Georgia7
Council on Library Materials Standards to annually update such standards; to require the8
Department of Education to provide technical support to local boards of education for9
implementing such standards; to require local boards of education to adopt and annually10
update policies and procedures that comply with such standards; to provide for certain11
instructional materials to include ratings which indicate whether any portion of such material12
includes sexually explicit material; to prohibit local boards of education from acquiring13
instructional materials from vendors who do not provide such ratings and other required14
information; to require local boards of education to periodically publish lists of instructional15
materials that include sexually explicit materials; to require periodic review of restricted16
materials in public school library collection materials and determination of what restricted17
materials should be retained; to require local boards of education to periodically provide to18
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the Department of Education a list of restricted materials included in its school library
19
collection materials; to require the Department of Education to publish such lists; to provide20
that existing complaint resolution policies for materials that are harmful to minors shall21
apply, subject to an embargo provision; to revise and expand the definition of "harmful to22
minors" regarding the complaint resolution policy for materials that are harmful to minors;23
to prohibit sex education for public school students in this state before sixth grade; to prohibit24
instruction or discussion of inappropriate sex based topics; to require revocable written25
consent from parents or guardians of students before any sex education is provided; to26
require governing bodies of public schools and local school systems to afford parents and27
guardians of all students and the public opportunity to review and to provide comment on28
proposed sex education curricula before approval by such body; to require the State Board29
of Education to approve age- and grade-appropriate content standards for sex education30
curricula; to provide for definitions; to provide for construction; to revise the "Parents Bill31
of Rights" to provide for parents to revocably opt-in to sex education for their children; to32
prohibit instruction and informal communication with an emphasis on sexual orientation or33
gender identity for public school students in kindergarten through grade three under any34
circumstances and for public school students in grades four through 12 with limited35
exceptions; to provide for such exceptions; to require annual notification to parents of the36
health services offered at their children's public schools; to provide for procedures for parents37
to decline or withhold consent for health services to be provided to their children; to provide38
for parental rights to access student education and health records; to provide for limitations39
on the administration of well-being questionnaires or health screening forms to students in40
kindergarten through grade three; to prohibit, either through policy or practice, public schools41
and school personnel from discouraging or prohibiting parental notification of and42
involvement in critical decisions affecting a student's mental, emotional, or physical health43
or well-being; to require public schools to adopt policies and procedures for notifying parents44
of changes to student support services, to student monitoring, to the school's ability to45
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provide a safe and supportive learning environment for a student, or to a student's observed
46
mental, emotional, or physical health or well-being; to provide for requirements for such47
policies and procedures; to require public schools to adopt complaint resolution policies to48
address complaints of violations of certain laws relating to prescribed instruction and to the49
mental, emotional, or physical health or well-being of students; to provide for remedial50
actions and sanctions; to provide for a model policy and guidance; to provide for statutory51
construction; to prohibit certain waivers; to provide for definitions; to provide for short titles;52
to provide for related matters; to provide for an effective date; to repeal conflicting laws; and53
for other purposes.54
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:55
PART I56
SECTION 1-1.57
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in58
Chapter 1, relating to general provisions, by adding a new article to read as follows:59
"ARTICLE 5
60
20-1-50.61
This article shall be known and may be cited as the 'Clean Libraries Act.'62
20-1-51.63
As used in this article, the term 'council' means the Georgia Council on Library Materials64
Standards established under this article.65
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20-1-52.66
(a) There is established the Georgia Council on Library Materials Standards for the67
purpose of establishing standards for school library programs and services in any public68
school operated by a local board of education, for instructional materials used in any public69
school operated by a local board of education, and for the designation of restricted70
materials by local boards of education.71
(b) The council shall work in partnership with the State Board of Education and the72
Department of Education to implement the requirements of Code Section 20-2-324.7.73
20-1-53.74
(a)(1) The council shall be composed of ten members as follows:75
(A) Four members appointed by the Governor;76
(B) Two members appointed by the Lieutenant Governor;77
(C) Two members appointed by the Speaker of the House of Representatives;78
(D) One member appointed by the leader of the House of Representatives minority79
caucus; and80
(E) One member appointed by the leader of the Senate minority caucus.81
(2) No more than two members of the council shall be current or former employees of82
the Department of Education or a local education agency, as such term is defined in Code83
Section 20-2-167.1, and no more than three members shall have any current or former84
contractual, legal, or other official affiliation with the Department of Education or a local85
education agency.86
(b) Each nonlegislative member of the council shall be appointed to serve until his or her87
successor is duly appointed. Legislative members of the council shall serve until88
completion of their current terms of office. Any member may be appointed to succeed89
himself or herself on the council. If a member of the council is an elected or appointed90
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official, such member, or his or her designee, shall be removed from the council if such91
member no longer serves as such elected or appointed official.92
(c) The council shall elect a chairperson from among its members and may elect other93
officers as it deems necessary. The chairperson of the council may designate and appoint94
committees from among the membership of the council as well as appoint other persons95
to perform such functions as he or she may determine to be necessary as relevant to and96
consistent with this article. The chairperson shall only vote to break a tie.97
(d) The council shall be attached for administrative purposes only to the Department of98
Education. The Department of Education shall provide staff support for the council and99
shall hire an individual to serve as special advisor to the council who shall be responsible100
for coordination of such staff support and for working in coordination with stakeholder101
agencies and other interested parties. The Department of Education shall use any funds102
specifically appropriated to support the work of the council for such purpose.103
20-1-54.104
(a) The council may conduct meetings at such places and times as it deems necessary or105
convenient to enable it to fully and effectively exercise its powers, perform its duties, and106
accomplish the objectives and purposes of this article; provided, however, that the council107
shall meet not less than four times per year. The council shall hold meetings at the call of108
the chairperson.109
(b) A quorum for transacting business shall be a majority of the members of the council.110
(c) Legislative members of the council shall receive the allowances provided for in Code111
Section 28-1-8. Nonlegislative members of the council shall receive a daily expense112
allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the113
mileage or transportation allowance authorized for state employees. Members of the114
council who are state officials, other than legislative members, or state employees shall115
receive no compensation for their services on the council, but shall be reimbursed for116
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expenses incurred by them in the performance of their duties as members of the council in117
the same manner as they are reimbursed for expenses in their capacities as state officials118
or state employees. The funds necessary for the reimbursement of the expenses of state119
officials, other than legislative members, and state employees shall come from funds120
appropriated to or otherwise available to their respective departments. All other funds121
necessary to carry out the provisions of this article shall come from funds appropriated to122
the Senate and the House of Representatives.123
20-1-55.124
The council shall be authorized to:125
(1) Request and receive data from and review the records of appropriate state and local126
agencies to the greatest extent allowed by state and federal law;127
(2) Seek and accept public or private grants, devises, and bequests;128
(3) Enter into contracts or agreements necessary or incidental to the performance of its129
duties through the council's chairperson;130
(4) Establish rules and procedures for conducting the business of the council;131
(5) Conduct studies, hold public meetings, collect data, or take any other action the132
council deems necessary to fulfill its responsibilities; and133
(6) Retain the services of attorneys, consultants, subject matter experts, economists,134
budget analysts, data analysts, statisticians, and other individuals or organizations as135
deemed appropriate by the council. Such services may be obtained through a request for136
proposal process conducted through the Office of Planning and Budget; provided,137
however, that any final selection shall be approved by the council."138
SECTION 1-2.139
Said title is further amended in Part 15 of Article 6 of Chapter 2, relating to miscellaneous140
provisions of the "Quality Basic Education Act," by revising subsection (a) of Code Section141
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20-2-324.6, relating to complaint resolution policy for materials "harmful to minors," as
142
follows:143
"(a) As used in this Code section, the term:
144
(1) 'Harmful 'harmful to minors' means:145
(A) Means that quality of description or representation, in whatever form, of nudity,146
sexual conduct, sexual excitement, or sadomasochistic abuse, when it:147
(1)(i) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid148
interest of minors;149
(2)(ii) Is patently offensive to prevailing standards in the adult community as a whole150
with respect to what is suitable material for minors; and151
(3)(iii) Is, when taken as a whole, lacking in serious literary, artistic, political, or152
scientific value for minors; and153
(B) Includes 'sexually explicit material' excepting 'restricted material,' as such terms154
are defined in Code Section 20-2-324.8.155
(2) 'Written consent' means individual and specific consent tailored to each individual156
requirement for consent from a student's parent or permanent guardian. Written consent157
does not constitute blanket consent."158
SECTION 1-3.159
Said title is further amended in said part by adding a new Code section to read as follows:160
"20-2-324.8.161
(a) As used in this Code section, the term:162
(1) 'Harmful to minors' shall have the same meaning as set forth in Code Section163
20-2-324.6.164
(2) 'Local board of education' means the local board of education of each local school165
system or other public school governing body that receives state funding under this166
article.167
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(3) 'Primary instructional material' means instructional materials and content, as defined168
by the State Board of Education pursuant to Code Section 20-2-1010, and locally169
approved instructional materials and content, as defined in subsection (a) of Code Section170
20-2-1017, in any medium, including physical, electronic, visual, and audible.171
(4) 'Restricted material' means primary instructional material or school library collection172
material that is so designated as provided in subsection (c) of this Code section173
notwithstanding whether such material is or may be sexually explicit material.174
(5) 'School library collection material' means any material in any medium, including175
physical, electronic, visual, and audible, located within or accessible from a school library176
that is available to a student or is made available to a student by school personnel.177
(6) 'Sexually explicit material' means any primary instructional material, supplementary178
instructional material, or school library collection material that describes, depicts,179
renders, or portrays in any medium, including physical, electronic, visual, and audible,180
sexually explicit conduct, as defined in Code Section 16-12-100, sadomasochistic abuse,181
as defined in Code Section 16-12-102, sexual conduct, as defined in Code Section182
16-12-102, or sexually explicit nudity, as defined in Code Section 16-12-102; provided,183
however, that such term shall not include materials of great religious or historical184
significance that do not describe, depict, render, or portray sexually explicit material in185
a patently offensive way.186
(7) 'Supplementary instructional material' means any materials other than primary187
instructional materials in any medium, including physical, electronic, visual, and audible,188
that are included, or are intended to be included, by a teacher or other school personnel189
for use as part of a classroom discussion or other classroom activity or are recommended190
by a teacher or other school personnel for review by one or more students.191
(b)(1)(A) By December 1, 2025, each local board of education shall adopt policies and192
procedures that comply with the standards established by the Georgia Council on193
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Library Materials Standards as provided in subsections (c) through (e) of this Code194
section.195
(B) By August 1, 2026, and each year thereafter, each local board of education shall196
adopt or update policies and procedures that comply with any updated standards197
established by the Georgia Council on Library Materials Standards provided in198
paragraph (2) of subsection (c), paragraph (3) of subsection (d), and paragraph (3) of199
subsection (e) of this Code section.200
(2) Beginning December 1, 2025, and continuing thereafter, no local board of education201
shall permit restricted material to:202
(A) Include material that is harmful to minors;203
(B) Be accessible by or otherwise available or disseminated in any manner to any204
student in or below grade six; or205
(C) Be accessible by or otherwise available or disseminated in any manner to any206
student in or above grade seven without written consent from such student's parent or207
permanent guardian.208
(c)(1) By August 1, 2025, the Georgia Council on Library Materials Standards, working209
in partnership with the State Board of Education and the Department of Education, shall210
establish standards for the designation of restricted material by local boards of education.211
Such standards shall include, but shall not be limited to, the following provisions:212
(A) Obscenity in any medium, including physical, electronic, visual, and audible, in213
public school primary instructional materials, supplementary instructional materials,214
and school library collection materials is not protected under the Georgia Constitution215
or the First Amendment to the United States Constitution;216
(B) Sexually explicit material shall only be designated as restricted material to the217
extent necessary:218
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(i) To provide adequate and grade-appropriate primary instructional materials to219
satisfy standards established by the Georgia Council on Library Materials Standards;220
or221
(ii) For the full and rigorous implementation of curricula, or elements of a222
curriculum, that are required as part of advanced placement, international223
baccalaureate, or dual enrollment coursework; and224
(C) Sexually explicit material that is designated as restricted material shall not:225
(i) Include material that is harmful to minors;226
(ii) Be accessible by or otherwise available or disseminated in any manner to any227
student in or below grade six; and228
(iii) Be accessible by or otherwise available or disseminated in any manner to any229
student in or above grade seven without written consent from such student's parent or230
permanent guardian.231
(2) The standards provided for in paragraph (1) of this subsection shall be reviewed and232
updated by June 1 each year by the Georgia Council on Library Materials Standards.233
(3) The Department of Education shall provide technical assistance and develop and234
promulgate model policies and procedures to aid public schools in implementing the235
standards provided for in paragraph (1) of this subsection.236
(d)(1) By August 1, 2025, the Georgia Council on Library Materials Standards, working237
in partnership with the State Board of Education and the Department of Education, shall238
establish standards for instructional materials used in any public school operated by a239
local board of education. Such standards shall include, but shall not be limited to, the240
following provisions:241
(A) Obscenity in any medium, including physical, electronic, visual, and audible, in242
public school primary or supplementary instructional materials is not protected under243
the Georgia Constitution or the First Amendment to the United States Constitution;244
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(B) Each public school is permitted to exclude materials that are pervasively vulgar or245
educationally unsuitable from its primary and supplementary instructional materials;246
(C) No public school shall possess, intentionally acquire, or disseminate in any manner247
primary or supplementary instructional material that is:248
(i) Harmful to minors; or249
(ii) Sexually explicit material except to the extent that such material that is designated250
as restricted material as provided in subsection (c) of this Code section; and251
(D) Restricted materials that are included in instructional materials shall not:252
(i) Include material that is harmful to minors;253
(ii) Be accessible by or otherwise available or disseminated in any manner to any254
student in or below grade six; and255
(iii) Be accessible by or otherwise available or disseminated in any manner to any256
student in or above grade seven without written consent from such student's parent or257
permanent guardian.258
(2) The standards provided for in paragraph (1) of this subsection shall apply to each259
public school's acceptable-use policy required by Code Section 20-2-324 and any primary260
or supplementary instructional materials made available or disseminated in any manner261
by the public school to students via the internet or any internet connected device,262
including, but not limited to, online learning programs, interactive learning programs,263
digital books, and audiobooks.264
(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and265
updated by June 1 each year by the Georgia Council on Library Materials Standards.266
(4) The Department of Education shall provide technical assistance and develop and267
promulgate model policies and procedures to aid public schools in implementing the268
standards provided for in paragraph (1) of this subsection.269
(e)(1) By August 1, 2025, the Georgia Council on Library Materials Standards, working270
in partnership with the State Board of Education and the Department of Education and271
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in consultation with the Georgia Public Library Service and the Georgia Archives, shall272
establish standards for school library programs and services in any public school operated273
by a local board of education. Such standards shall include, but shall not be limited to,274
the following provisions:275
(A) Obscenity in any medium, including physical, electronic, visual, and audible, in276
public school libraries is not protected under the Georgia Constitution or the First277
Amendment to the United States Constitution;278
(B) Each public school is permitted to exclude materials that pervasively vulgar or279
educationally unsuitable from its school library collection materials;280
(C) No public school library shall possess, intentionally acquire, or disseminate in any281
manner school library collection material that is:282
(i) Harmful to minors; or283
(ii) Sexually explicit material except to the extent that such material that is designated284
as restricted material as provided in subsection (c) of this Code section; and285
(D) Restricted materials that are included in school library collection materials:286
(i) Shall not include material that is harmful to minors;287
(ii) Shall be located and maintained in a restricted area which is not accessible by any288
student in or below grade six and which may be accessed by a student in or above289
grade seven only with written consent from such student's parent or permanent290
guardian;291
(iii) Shall not be accessible by or otherwise available or disseminated in any manner292
to any student in or below grade six; and293
(iv) Be accessible by or otherwise available or disseminated in any manner to any294
student in or above grade seven without written consent from such student's parent or295
permanent guardian.296
(2) The standards provided for in paragraph (1) of this subsection shall apply to each297
public school's acceptable use policy required by Code Section 20-2-324 and any school298
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library collection materials made available or disseminated in any manner by the public299
school to students via the internet or any internet connected device, including, but not300
limited to, online learning programs, interactive learning programs, digital books, and301
audiobooks.302
(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and303
updated by June 1 each year by the Georgia Council on Library Materials Standards.304
(4) The Department of Education shall provide technical assistance and develop and305
promulgate model policies and procedures to aid public schools in implementing the306
standards provided for in paragraph (1) of this subsection.307
(f)(1) Beginning December 1, 2025, each local board of education shall:308
(A) Not accept possession of, acquire, or recommend the acquisition of, by any means,309
any primary instructional material from any vendor unless such primary instructional310
material has a rating which indicates whether any portion of such primary instructional311
material includes sexually explicit material;312
(B) Request to receive by June 1 each year from each vendor providing primary313
instructional materials to such local board of education a list of each item provided by314
such vendor during the preceding year that includes sexually explicit materials; and315
(C) Not enter into any new or renewed contractual or other arrangement for acquiring316
primary instructional materials with any vendor that does not agree to provide:317
(i) Ratings for primary instructional materials which indicate whether any portion of318
such primary instructional material includes sexually explicit material; and319
(ii) The list provided for in paragraph (2) of this subsection.320
(2) By June 15 each year, each local board of education shall post on its public website321
a list of all primary instructional materials used during the preceding school year that322
included sexually explicit material.323
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(g)(1) Beginning December 1, 2025, no school library operated by a local board of324
education shall intentionally acquire by any means sexually explicit material or material325
that is harmful to minors for inclusion in its school library collection materials.326
(2) By July 1 each year, each local board of education shall review the contents of the327
school library collection materials designated as restricted material and determine328
whether such materials shall continue to be included in the school library collection329
materials. A list of such restricted materials shall be published on the public website of330
each local board of education.331
(3) By August 1 each year, each local board of education shall provide a list to the332
Department of Education of the restricted materials that will continue to be included in333
its school library collection materials as provided in paragraph (2) of this subsection. The334
Department of Education shall annually compile and publish such list on its public335
website.336
(h) The complaint resolution provisions of Code Section 20-2-324.6 shall apply to this337
Code section; provided, however, that, while a complaint is pending, the associated338
material shall be embargoed from use or accessibility by any student."339
PART II340
SECTION 2-1.341
Said title is further amended in Part 2 of Article 6 of Chapter 2, relating to competencies and342
core curriculum under the "Quality Basic Education Act," by repealing Code Section343
20-2-143, relating to sex education and AIDS prevention instruction, implementation, and344
student exemption, and enacting a new Code section to read as follows:345
"20-2-143.346
(a) This Code section shall be known and may be cited as the 'No Indoctrinating Children347
in Elementary (NICE) Act.'348
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(b) As used in this Code section, the term:349
(1) 'Inappropriate sex based topics' means any of the following topics:350
(A) A person's internal or deeply felt sense of his or her sex;351
(B) Whether a person's internal sense of sex aligns with his or her sex;352
(C) Pharmaceutical or medical treatment, hormone therapy, surgery, or removal of353
genitalia when administered or performed for the purpose of intentionally changing the354
body of such person to no longer correspond to his or her sex;355
(D) Individual sexual conduct or experiences of a person responsible for teaching356
children sex education;357
(E) Exploring individual sexuality, including to whom a person feels sexually attracted;358
(F) Respecting, exploring, and understanding the diversity of different sexual359
attractions;360
(G) Sexual expression and different ways to express one's sex; or361
(H) Changing one's name, pronouns, or personal titles to conform to one's perceived362
sex or identity.363
(2) 'Sex' means the biological state of being male or female, in the context of364
reproductive potential or capacity, based on the individual's sex organs, chromosomes,365
naturally occurring sex hormones, gonads, and internal and external genitalia present at366
birth, including secondary sex characteristics. An individual's sex can be observed or367
clinically verified at or before birth.368
(3) 'Sex education' includes any curricula or instruction that has the goal or purpose of369
studying, exploring, or informing students about human reproduction, human sexuality,370
sexual conduct, an internal or deeply felt sense of the student's sex, or sexual attraction371
to one or more persons.372
(c)(1) No public school or local school system shall provide sex education before the373
sixth grade.374
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(2) Each local board of education shall prescribe a course of study in abstinence based375
sex education and AIDS prevention instruction for grades six through 12 in the local376
school system as shall be determined by the State Board of Education.377
(3) The State Board of Education shall prescribe a minimum course of study in378
abstinence based sex education and AIDS prevention instruction which may be included379
as a part of a course of study in health education for grades six through 12.380
(d)(1) Sex education provided by a public school or local school system shall include381
instruction relating to the handling of peer pressure, promotion of high self-esteem, local382
community values, and abstinence from sexual activity as an effective method of383
preventing acquired immune deficiency syndrome and the only sure method of384
preventing pregnancy and sexually transmitted diseases. Sex education shall emphasize385
abstinence from sexual activity until marriage and fidelity in marriage as important386
personal goals. Sex education shall include instruction concerning the legal387
consequences of parenthood, including, without being limited to, the legal obligation of388
both parents to support a child and legal penalties or restrictions upon failure to support389
a child, including, without being limited to, the possible suspension or revocation of a390
parent's driver's license and occupational or professional licenses. The course shall also391
include annual age-appropriate sexual abuse and assault awareness and prevention392
education.393
(2) No education or curricula for students in kindergarten through grade 12 provided by394
a public school or local school system shall include inappropriate sex based topics, and395
if any information is provided on contraception, information on typical use and failure396
rates for each contraception option shall be included to show the rates of contraceptive397
failure as experienced by individuals under real-life conditions, including factors such as398
inconsistent or incorrect use.399
(e) Before a public school or local school system provides sex education to any student:400
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(1) The public school or local school system shall make the sex education curricula401
available to parents and guardians of all students and the public for review online and in402
person as provided in subsections (f) and (g) of this Code section;403
(2) Any parent or guardian of a child to whom sex education is to be taught as set forth404
in this Code section shall have the right to elect, in writing, that such child not receive sex405
education.406
(3) Any parent or guardian of a child to whom sex education is being taught shall have407
the right to withdraw such child from receiving sex education at any time.408
(f)(1) Beginning in the 2025-2026 school year and continuing each school year409
thereafter, before a public school or local school system offers sex education to any410
students, the governing body of such public school or local school system shall review411
and approve the sex education curricula based on content standards prescribed by the412
State Board of Education pursuant to subsection (h) of this Code section; provided,413
however, that such governing body shall not approve any sex education curricula without414
providing parents and guardians of all students and the public with a meaningful415
opportunity to review and to provide input on any proposed sex education curricula, as416
provided in paragraph (2) of this subsection, before such curricula is approved by such417
governing body.418
(2) Before approving any sex education curricula, the governing body of each public419
school or local school system shall:420
(A) Require that all meetings of such governing body, or any committee or421
subcommittee thereof, that are authorized for the purposes of reviewing and approving422
a sex education curricula be publicly noticed at least two weeks before occurring and423
be open to the public pursuant to Chapter 14 of Title 50;424
(B) Make any proposed sex education curricula available and accessible for review and425
public comment, including, but not limited to, written comments, oral comments, and426
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comments submitted through email, for at least 45 days before approval of any such sex427
education curricula by such governing body; and428
(C) Conduct at least two public hearings within the 45 day review period provided for429
in subparagraph (B) of this paragraph.430
(g) At least two weeks before any sex education is offered by a public school or local431
school system pursuant to this Code section, each such public school or local school system432
shall make the sex education curricula approved by the governing body of such public433
school or local school system as provided in subsection (f) of this Code section available434
for meaningful review by parents and guardians of all students and the public.435
(h) By July 1, 2025, the State Board of Education shall adopt age- and grade-appropriate436
content standards for sex education curricula for students in grades six through 12, and437
such standards shall not include any inappropriate sex based topics.438
(i) Nothing in this Code section shall be construed to prohibit age- and grade-appropriate439
classroom instruction regarding:440
(1) Child abuse and assault awareness and prevention; and441
(2) Menstruation."442
SECTION 2-2.443
Said title is further amended in Subpart 1 of Part 6 of Article 6 of Chapter 2, relating to444
certificated professional personnel, by revising subsection (b) of Code Section 20-2-201,445
relating to specific course requirements, in-service or continuing education, and online446
offerings, as follows:447
"(b) Each local unit of administration shall be required to provide all professional448
personnel certificated by the Professional Standards Commission 12 clock hours of449
in-service or continuing education in each calendar year, or meet requirements of the450
Southern Association of Colleges and Schools. Such in-service programs shall be451
developed by the local unit of administration in conjunction with such agencies as regional452
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educational service agencies, colleges and universities, and other appropriate organizations.
453
These programs shall be designed to address identified needs determined by appropriate454
personnel evaluation instruments. These programs shall also focus on improving the skills455
of certificated personnel that directly relate to improving student achievement, as reflected456
in the revised certification renewal rules established by the Professional Standards457
Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200458
regarding the impact of professional learning on student achievement. These programs459
shall also include in-service training programs on sexual abuse and assault awareness and460
prevention for professional personnel who will be providing instruction in annual461
age-appropriate sexual abuse and assault awareness and prevention education in
462
kindergarten through grade nine pursuant to subsection (b) of Code Section 20-2-143.463
Records of attendance shall be maintained by local units of administration and shall be464
monitored by appropriate Department of Education staff."465
SECTION 2-3.466
Said title is further amended in Part 5 of Article 16 of Chapter 2, relating to review of467
removal, by revising paragraph (3) of subsection (f) of Code Section 20-2-786, the "Parents'468
Bill of Rights," as follows:469
"(3)(A) Procedures which comply with the provisions of Code Section 20-2-143 for a470
parent to provide revocable written consent for his or her minor child to receive sex471
education; and472
(B) Procedures for a parent to withdraw or otherwise revoke his or her written consent473
for his or her minor child from the school's prescribed course of study in to receive sex474
education if the parent provides a written objection to his or her minor child's475
participation. Such procedures must provide for a parent to be notified in advance of476
such course content so that he or she may withdraw his or her minor child from the477
course; and"478
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PART III
479
SECTION 3-1.480
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and481
secondary education, is amended in Part 2 of Article 6, relating to competencies and core482
curriculum under the "Quality Basic Education Act," by adding a new Code section to read483
as follows:484
"20-2-143.1.
485
(a) This Code section shall be known and may be cited as the 'Parents and Children486
Protection Act of 2025.'487
(b) As used in this Code section, the term:488
(1) 'Gender identity' means a person's internal sense of his or her gender which may or489
may not correspond with his or her sex and which may or may not be apparent to others.490
(2) 'Governing body' means the local board of education, governing council, governing491
board, or other entity by whatever name that is responsible for the management and492
control of a public school.493
(3) 'Inappropriate sex based topics' means any of the following topics:494
(A) A person's internal or deeply felt sense of his or her sex;495
(B) Whether a person's internal sense of sex aligns with his or her sex;496
(C) Pharmaceutical or medical treatment, hormone therapy, surgery, or removal of497
genitalia when administered or performed for the purpose of intentionally changing the498
body of such person to no longer correspond to his or her sex;499
(D) Individual sexual conduct or experiences of a person responsible for teaching500
children sex education;501
(E) Exploring individual sexuality, including to whom a person feels sexually attracted;502
(F) Respecting, exploring, and understanding the diversity of different sexual503
attractions;504
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(G) Sexual expression and different ways to express one's sex; or505
(H) Changing one's name, pronouns, or personal titles to conform to one's perceived506
sex or identity.507
(4) 'Informal communication' means any interaction of school personnel with one or508
more students that is not part of instruction and when such personnel is acting in his or509
her official capacity as an employee or representative of a public school or local school510
system.511
(5) 'Instruction' means the activities of school personnel engaged in the purposeful512
direction and supervision of the learning process by students and includes discussion513
involving students that is directed or supervised by school personnel in an instructional514
setting, including, but not limited to, a classroom.515
(6) 'Public school' or 'school' means a local school system, a school within a local school516
system, a charter school subject to the provisions of Article 31 or 31A of this chapter, a517
completion special school subject to the provisions of Article 31C of this chapter, or any518
other public school.519
(7) 'School personnel' means any person employed by a governing body, any person520
employed by a local health department who is assigned to a public school, or any third521
party engaged by or authorized to speak on behalf of a school.522
(8) 'Sex' means the biological indication of male or female, including sex chromosomes,523
naturally occurring sex hormones, gonads, and nonambiguous internal and external524
genitalia present at birth, without regard to a person's gender identity or his or her525
psychological, chosen, or subjective experience of gender.526
(9) 'Student' means a student enrolled in a public school.527
(c)(1) Notwithstanding any provision of Code Section 20-2-141, 20-2-143, or 20-2-786528
or any other law to the contrary, no school personnel shall intentionally initiate any529
instruction or informal communication with an emphasis on inappropriate sex based530
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topics involving any student in kindergarten through grade 12, excepting instruction for531
students in grades four through 12 when such instruction is:532
(A) Included as an express requirement in content standards established by the State533
Board of Education; or534
(B) Essential to the full and rigorous implementation of curricula, or elements of a535
curriculum, that are required as part of advanced placement, international baccalaureate,536
or dual enrollment coursework; provided, however, that such implementation is done537
in a professional and academically appropriate manner.538
(2) Except under the circumstances provided for in subparagraphs (A) and (B) of539
paragraph (1) of this subsection, if, during instruction or informal communication, a540
student or any other person initiates discussion with an emphasis on inappropriate sex541
based topics with school personnel, such school personnel shall bring such discussion to542
a prompt conclusion in a professional and academically appropriate manner; provided,543
however, that such school personnel shall not be required to interrupt or otherwise544
participate in a personal discussion exclusively by and between students that is not545
disrupting instruction or the orderly operation of the school. Such school personnel may546
refer such discussion to the school counselor; provided, however, that school personnel547
shall notify the parent or guardian if a student asserts an identity that does not align with548
his or her sex; provided, further, that before a school counselor addresses any such549
discussion with a student, her or she shall inform the student's parent or guardian and550
receive parental consent prior to discussing such topics.551
(3) The State Board of Education shall create and publish guidance for local boards of552
education to utilize in implementing the provisions of this subsection that includes, but553
is not limited to, the following:554
(A) No school employee or other person shall modify a child's official private or public555
school record, including a charter school record, to reflect a change in the child's name,556
S. B. 248
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sex, or gender without the written consent of all of the child's parents with custodial557
rights or legal guardians;558
(B) No employee, contractor, or student of a public school or local school system shall559
be required to refer to another person using that person's preferred personal title or560
pronouns if such personal title or pronouns do not correspond to that person's sex or is561
not listed on that person's birth certificate;562
(C) No employee or contractor of a public school or local school system shall refer to563
a student using that person's preferred personal title or pronouns if such personal title564
or pronouns do not correspond to that person's sex or is not listed on that person's birth565
certificate without the written consent of all of the child's parents with custodial rights566
or legal guardians;567
(D) No student shall be asked by an employee or contractor of a public school or local568
school system to provide his or her preferred personal title or pronouns or be penalized569
or subjected to adverse or discriminatory treatment for not providing his or her570
preferred personal title or pronouns; and571
(E) No employee or contractor of a public school or local school system shall provide572
to a student such employee's or contractor's preferred personal title or pronouns if such573
preferred personal title or pronouns do not correspond to his or her sex.574
(d) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for575
a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code576
Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a completion special577
school, or Code Section 20-2-244."578
SECTION 3-2.579
Said chapter is further amended in Part 3 of Article 16, relating to student health, by adding580
three new subsections to Code Section 20-2-773, relating to restrictions on student health581
services and utilization of state funds, to read as follows:582
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"(c) At the beginning of each school year, each public school shall notify the parent of each583
enrolled student of the health services offered at the school. Such notice shall include clear584
information and procedures for a parent to decline or withhold consent for any specified585
health service to be provided to his or her child. Parental consent to a health service being586
provided to his or her child does not waive the parent's right to access his or her child's587
education or health records or to receive notifications regarding the mental, emotional, or588
physical health or well-being of his or her child as required by law.589
(d) Notwithstanding the provisions of Code Section 20-2-770 or 20-2-772 or any other law590
to the contrary, before administering a well-being questionnaire or health screening form591
to a public school student in kindergarten through grade three, the school shall provide such592
questionnaire or health screening form to the student's parent and obtain the consent of the593
parent for the administration of such questionnaire or health screening form.594
(e) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for595
a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code596
Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a completion special597
school, or Code Section 20-2-244."598
SECTION 3-3.599
Said chapter is further amended in Part 5 of Article 16, relating to review of removal, by600
adding a new Code section to read as follows:601
"20-2-787.602
(a) As used in this Code section, the term:603
(1) 'Governing body' means the local board of education, governing council, governing604
board, or other entity by whatever name that is responsible for the management and605
control of a public school.606
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(2) 'Minor child' means a person who is less than 18 years of age and who has not been607
emancipated by operation of law or by court order pursuant to Code Section 15-11-727608
or as otherwise provided by law.609
(3) 'Parent' means a person who has legal authority to act on behalf of a minor child as610
a natural or adoptive parent or a legal guardian.611
(4) 'Public school' or 'school' means a local school system, a school within a local school612
system, a charter school subject to the provisions of Article 31 or 31A of this chapter, a613
completion special school subject to the provisions of Article 31C of this chapter, or any614
other public school.615
(5) 'School personnel' means any person employed by a governing body or any person616
employed by a local health department who is assigned to a public school or any third617
party engaged by or authorized to speak on behalf of a school.618
(b)(1) No school or school personnel shall discourage or prohibit parental notification619
of or involvement in critical decisions affecting his or her minor child's mental,620
emotional, or physical health or well-being.621
(2) No school shall adopt a policy or procedure or engage in a practice that:622
(A) Prohibits school personnel from notifying a parent about his or her minor child's623
observed mental, emotional, or physical health or well-being; or624
(B) Encourages or has the effect of encouraging a student to withhold from his or her625
parent information relating to:626
(i) His or her mental, emotional, or physical health or well-being;627
(ii) A change in student support services provided to the student by his or her school;628
or629
(iii) A change in the monitoring of the student by his or her school.630
(3) Before administering a well-being questionnaire or health screening form to a public631
school student in kindergarten through grade three, the school shall comply with the632
requirements of subsection (d) of Code Section 20-2-773.633
S. B. 248
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(c) On or before August 1, 2025, each governing body shall adopt policies and procedures634
for notifying a student's parent if there is a change in the student support services provided635
to the student by his or her school, the monitoring of the student by his or her school, the636
school's ability to provide a safe and supportive learning environment for the student, or637
the student's observed mental, emotional, or physical health or well-being. Such policies638
and procedures:639
(1) Shall not take any action to infringe on the fundamental right of a parent to make640
decisions regarding the upbringing and education of his or her minor child without641
demonstrating that such action is reasonable and necessary to achieve a compelling state642
interest and that such action is narrowly tailored and is not otherwise served by less643
restrictive means;644
(2) Shall reinforce the fundamental right of a parent to make decisions regarding the645
upbringing and education of his or her minor child by requiring school personnel to:646
(A) Encourage a student to discuss issues relating to his or her well-being with his or647
her parent; or648
(B) Facilitate the discussion of issues relating to a student's well-being with the student649
and his or her parent; and650
(3) Shall not prohibit a parent from accessing any of his or her minor child's education651
and health records created, maintained, or used by the school.652
(d)(1) No later than August 1, 2025, each governing body shall adopt a complaint653
resolution policy to address complaints alleging violations of any provision of Code654
Section 20-2-143.1, Code Section 20-2-773, or subsections (b) and (c) of this Code655
section. The complaint resolution policy shall provide that:656
(A) A school shall not be required to respond to a complaint made pursuant to this657
paragraph unless it is made by:658
(i) The parent of a student enrolled at the school where the alleged violation659
occurred;660
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(ii) A student who has reached the age of majority or is a lawfully emancipated minor661
and who is enrolled at the school where the alleged violation occurred; or662
(iii) School personnel assigned or authorized to work at the school where the alleged663
violation occurred;664
(B) The complaint shall first be submitted in writing to the principal of the school665
where the alleged violation occurred;666
(C) The complaint shall provide a reasonably detailed description of the alleged667
violation;668
(D)(i) Within five school days of receiving such written complaint, the school669
principal or his or her designee shall review the complaint and take reasonable steps670
to investigate the allegations in the complaint.671
(ii) Within ten school days of receiving the complaint, unless another schedule is672
mutually agreed to by the complainant and the school principal or his or her designee,673
the school principal or such designee shall confer with the complainant and inform674
the complainant whether a violation occurred, in whole or in part, and, if such a675
violation was found to have occurred, what remedial steps have been or will be taken;676
provided, however, that the confidentiality of student or school personnel information677
shall not be violated.678
(iii) Following such conference, within three school days of a request by the679
complainant, the school principal or his or her designee shall provide to the680
complainant a written summary of the findings of the investigation and a statement681
of remedial measures, if any; provided, however, that such written response shall not682
disclose any confidential student or school personnel information;683
(E) The written summary provided for in subparagraph (D) of this paragraph shall be684
reviewed by the school's governing body within 30 school days of receiving a written685
request for such review by the complainant addressed to the school's governing body;686
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provided, however, that confidential student or school personnel information shall not687
be subject to review pursuant to this subparagraph; and688
(F)(i) Following a decision by the school's governing body regarding a complaint689
pursuant to subparagraph (E) of this paragraph, any party aggrieved by the decision690
of the school's governing body shall have the right to appeal such decision to the State691
Board of Education for a hearing as provided in Code Section 20-2-1160. For692
purposes of the application of this subparagraph, the terms 'local board' and 'local693
board of education' as used in subsections (b) through (e) of Code Section 20-2-1160694
shall include the school's governing body regardless of whether such governing body695
is a local board of education.696
(ii) The State Board of Education shall, after hearing an appeal brought pursuant to697
division (i) of this subparagraph, make written findings regarding whether any698
violations of any provision of Code Section 20-2-143.1, Code Section 20-2-773, or699
subsections (b) and (c) of this Code section occurred. If the State Board of Education700
finds that one or more such violations occurred, it shall direct the Department of701
Education to develop a corrective action plan to be provided to the school within ten702
school days of such finding, and the school shall have 30 school days to implement703
the corrective action plan. If the State Board of Education finds that such school has704
not implemented the corrective action plan:705
(I) In cases where the school at issue is covered under one or more waivers as706
provided in Article 4 of this chapter, Code Section 20-2-244, or Code707
Section 20-2-2065, the State Board of Education shall order the immediate708
suspension of one or more waivers applicable to such school. The State Board of709
Education shall exercise discretion in determining which waivers shall be subject710
to such order of suspension and shall, as may be reasonable and practicable,711
narrowly tailor such order to address specific violations found by the State Board712
of Education to have occurred. An order suspending a school's waivers pursuant to713
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this subdivision shall be in effect for no less than 12 months from the date of such714
order and, if the remainder of the current term of the applicable contract with the715
State Board of Education providing for such waivers is greater than 12 months, then716
no longer than such remainder; and717
(II) In cases where the school at issue is not covered under a waiver as provided in718
Article 4 of this chapter, Code Section 20-2-244, or Code Section 20-2-2065, the719
State Board of Education shall refer the matter to the State School Superintendent720
to recommend what appropriate remedial actions and sanctions should be721
considered for implementation by the State Board of Education.722
(2) No later than July 1, 2025, the State Board of Education shall promulgate a model723
policy to assist schools with establishing a complaint resolution process that meets the724
requirements of paragraph (1) of this subsection. The Department of Education shall725
develop guidance for schools for use when determining whether violations of any726
provision of Code Section 20-2-143.1, Code Section 20-2-773, or subsections (b) and (c)727
of this Code section have occurred. The Department of Education shall be authorized to728
revise such guidance from time to time.729
(e) This Code section does not and shall not be construed to:730
(1) Authorize a parent in this state to engage in conduct that is unlawful or to abuse or731
neglect his or her minor child in violation of the law;732
(2) Prohibit a governing body or a public school from adopting policies or procedures733
that permit school personnel to withhold information regarding a minor child's mental,734
emotional, or physical health or well-being from his or her parent if a reasonably prudent735
person would believe that disclosure would result in child abuse, abandonment, or736
neglect, as those terms are defined in Code Section 19-7-5;737
(3) Prohibit a judge or officer of a court of competent jurisdiction, a law enforcement738
officer, or any agent of a state or local government entity that is responsible for child739
S. B. 248
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welfare from acting in his or her official capacity within the reasonable and prudent scope740
of his or her authority;741
(4) Prohibit a court of competent jurisdiction from issuing an order that is otherwise742
permitted by law; or743
(5) Apply to a parental action or decision that would end life.744
(f) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for745
a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code746
Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a completion special747
school, or Code Section 20-2-244."748
PART IV749
SECTION 4-1.750
This Act shall become effective upon its approval by the Governor or upon its becoming law751
without such approval.752
SECTION 4-2.753
All laws and parts of laws in conflict with this Act are repealed.754
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