Georgia 2025-2026 Regular Session

Georgia Senate Bill SB248 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 49 2229
2	2	Senate Bill 248
3	3	By: Senators Dixon of the 45th, Anavitarte of the 31st, Harbin of the 16th, Payne of the 54th
4	4	and Hickman of the 4th
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
8	8	1
9	9	establish and provide for the Georgia Council on Library Materials Standards; to provide for2
10	10	definitions, including definitions for the terms "harmful to minors," "restricted materials,"3
11	11	and "sexually explicit materials"; to require the Georgia Council on Library Materials4
12	12	Standards to establish standards for the designation of restricted materials by local boards of5
13	13	education, standards for the use and restriction of instructional materials, and standards for6
14	14	the use and restriction of public school library collection materials; to require the Georgia7
15	15	Council on Library Materials Standards to annually update such standards; to require the8
16	16	Department of Education to provide technical support to local boards of education for9
17	17	implementing such standards; to require local boards of education to adopt and annually10
18	18	update policies and procedures that comply with such standards; to provide for certain11
19	19	instructional materials to include ratings which indicate whether any portion of such material12
20	20	includes sexually explicit material; to prohibit local boards of education from acquiring13
21	21	instructional materials from vendors who do not provide such ratings and other required14
22	22	information; to require local boards of education to periodically publish lists of instructional15
23	23	materials that include sexually explicit materials; to require periodic review of restricted16
24	24	materials in public school library collection materials and determination of what restricted17
25	25	materials should be retained; to require local boards of education to periodically provide to18
26	26	S. B. 248
27	27	- 1 - 25 LC 49 2229
28	28	the Department of Education a list of restricted materials included in its school library
29	29	19
30	30	collection materials; to require the Department of Education to publish such lists; to provide20
31	31	that existing complaint resolution policies for materials that are harmful to minors shall21
32	32	apply, subject to an embargo provision; to revise and expand the definition of "harmful to22
33	33	minors" regarding the complaint resolution policy for materials that are harmful to minors;23
34	34	to prohibit sex education for public school students in this state before sixth grade; to prohibit24
35	35	instruction or discussion of inappropriate sex based topics; to require revocable written25
36	36	consent from parents or guardians of students before any sex education is provided; to26
37	37	require governing bodies of public schools and local school systems to afford parents and27
38	38	guardians of all students and the public opportunity to review and to provide comment on28
39	39	proposed sex education curricula before approval by such body; to require the State Board29
40	40	of Education to approve age- and grade-appropriate content standards for sex education30
41	41	curricula; to provide for definitions; to provide for construction; to revise the "Parents Bill31
42	42	of Rights" to provide for parents to revocably opt-in to sex education for their children; to32
43	43	prohibit instruction and informal communication with an emphasis on sexual orientation or33
44	44	gender identity for public school students in kindergarten through grade three under any34
45	45	circumstances and for public school students in grades four through 12 with limited35
46	46	exceptions; to provide for such exceptions; to require annual notification to parents of the36
47	47	health services offered at their children's public schools; to provide for procedures for parents37
48	48	to decline or withhold consent for health services to be provided to their children; to provide38
49	49	for parental rights to access student education and health records; to provide for limitations39
50	50	on the administration of well-being questionnaires or health screening forms to students in40
51	51	kindergarten through grade three; to prohibit, either through policy or practice, public schools41
52	52	and school personnel from discouraging or prohibiting parental notification of and42
53	53	involvement in critical decisions affecting a student's mental, emotional, or physical health43
54	54	or well-being; to require public schools to adopt policies and procedures for notifying parents44
55	55	of changes to student support services, to student monitoring, to the school's ability to45
56	56	S. B. 248
57	57	- 2 - 25 LC 49 2229
58	58	provide a safe and supportive learning environment for a student, or to a student's observed
59	59	46
60	60	mental, emotional, or physical health or well-being; to provide for requirements for such47
61	61	policies and procedures; to require public schools to adopt complaint resolution policies to48
62	62	address complaints of violations of certain laws relating to prescribed instruction and to the49
63	63	mental, emotional, or physical health or well-being of students; to provide for remedial50
64	64	actions and sanctions; to provide for a model policy and guidance; to provide for statutory51
65	65	construction; to prohibit certain waivers; to provide for definitions; to provide for short titles;52
66	66	to provide for related matters; to provide for an effective date; to repeal conflicting laws; and53
67	67	for other purposes.54
68	68	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:55
69	69	PART I56
70	70	SECTION 1-1.57
71	71	Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in58
72	72	Chapter 1, relating to general provisions, by adding a new article to read as follows:59
73	73	"ARTICLE 5
74	74	60
75	75	20-1-50.61
76	76	This article shall be known and may be cited as the 'Clean Libraries Act.'62
77	77	20-1-51.63
78	78	As used in this article, the term 'council' means the Georgia Council on Library Materials64
79	79	Standards established under this article.65
80	80	S. B. 248
81	81	- 3 - 25 LC 49 2229
82	82	20-1-52.66
83	83	(a) There is established the Georgia Council on Library Materials Standards for the67
84	84	purpose of establishing standards for school library programs and services in any public68
85	85	school operated by a local board of education, for instructional materials used in any public69
86	86	school operated by a local board of education, and for the designation of restricted70
87	87	materials by local boards of education.71
88	88	(b) The council shall work in partnership with the State Board of Education and the72
89	89	Department of Education to implement the requirements of Code Section 20-2-324.7.73
90	90	20-1-53.74
91	91	(a)(1) The council shall be composed of ten members as follows:75
92	92	(A) Four members appointed by the Governor;76
93	93	(B) Two members appointed by the Lieutenant Governor;77
94	94	(C) Two members appointed by the Speaker of the House of Representatives;78
95	95	(D) One member appointed by the leader of the House of Representatives minority79
96	96	caucus; and80
97	97	(E) One member appointed by the leader of the Senate minority caucus.81
98	98	(2) No more than two members of the council shall be current or former employees of82
99	99	the Department of Education or a local education agency, as such term is defined in Code83
100	100	Section 20-2-167.1, and no more than three members shall have any current or former84
101	101	contractual, legal, or other official affiliation with the Department of Education or a local85
102	102	education agency.86
103	103	(b) Each nonlegislative member of the council shall be appointed to serve until his or her87
104	104	successor is duly appointed. Legislative members of the council shall serve until88
105	105	completion of their current terms of office. Any member may be appointed to succeed89
106	106	himself or herself on the council. If a member of the council is an elected or appointed90
107	107	S. B. 248
108	108	- 4 - 25 LC 49 2229
109	109	official, such member, or his or her designee, shall be removed from the council if such91
110	110	member no longer serves as such elected or appointed official.92
111	111	(c) The council shall elect a chairperson from among its members and may elect other93
112	112	officers as it deems necessary. The chairperson of the council may designate and appoint94
113	113	committees from among the membership of the council as well as appoint other persons95
114	114	to perform such functions as he or she may determine to be necessary as relevant to and96
115	115	consistent with this article. The chairperson shall only vote to break a tie.97
116	116	(d) The council shall be attached for administrative purposes only to the Department of98
117	117	Education. The Department of Education shall provide staff support for the council and99
118	118	shall hire an individual to serve as special advisor to the council who shall be responsible100
119	119	for coordination of such staff support and for working in coordination with stakeholder101
120	120	agencies and other interested parties. The Department of Education shall use any funds102
121	121	specifically appropriated to support the work of the council for such purpose.103
122	122	20-1-54.104
123	123	(a) The council may conduct meetings at such places and times as it deems necessary or105
124	124	convenient to enable it to fully and effectively exercise its powers, perform its duties, and106
125	125	accomplish the objectives and purposes of this article; provided, however, that the council107
126	126	shall meet not less than four times per year. The council shall hold meetings at the call of108
127	127	the chairperson.109
128	128	(b) A quorum for transacting business shall be a majority of the members of the council.110
129	129	(c) Legislative members of the council shall receive the allowances provided for in Code111
130	130	Section 28-1-8. Nonlegislative members of the council shall receive a daily expense112
131	131	allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the113
132	132	mileage or transportation allowance authorized for state employees. Members of the114
133	133	council who are state officials, other than legislative members, or state employees shall115
134	134	receive no compensation for their services on the council, but shall be reimbursed for116
135	135	S. B. 248
136	136	- 5 - 25 LC 49 2229
137	137	expenses incurred by them in the performance of their duties as members of the council in117
138	138	the same manner as they are reimbursed for expenses in their capacities as state officials118
139	139	or state employees. The funds necessary for the reimbursement of the expenses of state119
140	140	officials, other than legislative members, and state employees shall come from funds120
141	141	appropriated to or otherwise available to their respective departments. All other funds121
142	142	necessary to carry out the provisions of this article shall come from funds appropriated to122
143	143	the Senate and the House of Representatives.123
144	144	20-1-55.124
145	145	The council shall be authorized to:125
146	146	(1) Request and receive data from and review the records of appropriate state and local126
147	147	agencies to the greatest extent allowed by state and federal law;127
148	148	(2) Seek and accept public or private grants, devises, and bequests;128
149	149	(3) Enter into contracts or agreements necessary or incidental to the performance of its129
150	150	duties through the council's chairperson;130
151	151	(4) Establish rules and procedures for conducting the business of the council;131
152	152	(5) Conduct studies, hold public meetings, collect data, or take any other action the132
153	153	council deems necessary to fulfill its responsibilities; and133
154	154	(6) Retain the services of attorneys, consultants, subject matter experts, economists,134
155	155	budget analysts, data analysts, statisticians, and other individuals or organizations as135
156	156	deemed appropriate by the council. Such services may be obtained through a request for136
157	157	proposal process conducted through the Office of Planning and Budget; provided,137
158	158	however, that any final selection shall be approved by the council."138
159	159	SECTION 1-2.139
160	160	Said title is further amended in Part 15 of Article 6 of Chapter 2, relating to miscellaneous140
161	161	provisions of the "Quality Basic Education Act," by revising subsection (a) of Code Section141
162	162	S. B. 248
163	163	- 6 - 25 LC 49 2229
164	164	20-2-324.6, relating to complaint resolution policy for materials "harmful to minors," as
165	165	142
166	166	follows:143
167	167	"(a) As used in this Code section, the term:
168	168	144
169	169	(1) 'Harmful 'harmful to minors' means:145
170	170	(A) Means that quality of description or representation, in whatever form, of nudity,146
171	171	sexual conduct, sexual excitement, or sadomasochistic abuse, when it:147
172	172	(1)(i) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid148
173	173	interest of minors;149
174	174	(2)(ii) Is patently offensive to prevailing standards in the adult community as a whole150
175	175	with respect to what is suitable material for minors; and151
176	176	(3)(iii) Is, when taken as a whole, lacking in serious literary, artistic, political, or152
177	177	scientific value for minors; and153
178	178	(B) Includes 'sexually explicit material' excepting 'restricted material,' as such terms154
179	179	are defined in Code Section 20-2-324.8.155
180	180	(2) 'Written consent' means individual and specific consent tailored to each individual156
181	181	requirement for consent from a student's parent or permanent guardian. Written consent157
182	182	does not constitute blanket consent."158
183	183	SECTION 1-3.159
184	184	Said title is further amended in said part by adding a new Code section to read as follows:160
185	185	"20-2-324.8.161
186	186	(a) As used in this Code section, the term:162
187	187	(1) 'Harmful to minors' shall have the same meaning as set forth in Code Section163
188	188	20-2-324.6.164
189	189	(2) 'Local board of education' means the local board of education of each local school165
190	190	system or other public school governing body that receives state funding under this166
191	191	article.167
192	192	S. B. 248
193	193	- 7 - 25 LC 49 2229
194	194	(3) 'Primary instructional material' means instructional materials and content, as defined168
195	195	by the State Board of Education pursuant to Code Section 20-2-1010, and locally169
196	196	approved instructional materials and content, as defined in subsection (a) of Code Section170
197	197	20-2-1017, in any medium, including physical, electronic, visual, and audible.171
198	198	(4) 'Restricted material' means primary instructional material or school library collection172
199	199	material that is so designated as provided in subsection (c) of this Code section173
200	200	notwithstanding whether such material is or may be sexually explicit material.174
201	201	(5) 'School library collection material' means any material in any medium, including175
202	202	physical, electronic, visual, and audible, located within or accessible from a school library176
203	203	that is available to a student or is made available to a student by school personnel.177
204	204	(6) 'Sexually explicit material' means any primary instructional material, supplementary178
205	205	instructional material, or school library collection material that describes, depicts,179
206	206	renders, or portrays in any medium, including physical, electronic, visual, and audible,180
207	207	sexually explicit conduct, as defined in Code Section 16-12-100, sadomasochistic abuse,181
208	208	as defined in Code Section 16-12-102, sexual conduct, as defined in Code Section182
209	209	16-12-102, or sexually explicit nudity, as defined in Code Section 16-12-102; provided,183
210	210	however, that such term shall not include materials of great religious or historical184
211	211	significance that do not describe, depict, render, or portray sexually explicit material in185
212	212	a patently offensive way.186
213	213	(7) 'Supplementary instructional material' means any materials other than primary187
214	214	instructional materials in any medium, including physical, electronic, visual, and audible,188
215	215	that are included, or are intended to be included, by a teacher or other school personnel189
216	216	for use as part of a classroom discussion or other classroom activity or are recommended190
217	217	by a teacher or other school personnel for review by one or more students.191
218	218	(b)(1)(A) By December 1, 2025, each local board of education shall adopt policies and192
219	219	procedures that comply with the standards established by the Georgia Council on193
220	220	S. B. 248
221	221	- 8 - 25 LC 49 2229
222	222	Library Materials Standards as provided in subsections (c) through (e) of this Code194
223	223	section.195
224	224	(B) By August 1, 2026, and each year thereafter, each local board of education shall196
225	225	adopt or update policies and procedures that comply with any updated standards197
226	226	established by the Georgia Council on Library Materials Standards provided in198
227	227	paragraph (2) of subsection (c), paragraph (3) of subsection (d), and paragraph (3) of199
228	228	subsection (e) of this Code section.200
229	229	(2) Beginning December 1, 2025, and continuing thereafter, no local board of education201
230	230	shall permit restricted material to:202
231	231	(A) Include material that is harmful to minors;203
232	232	(B) Be accessible by or otherwise available or disseminated in any manner to any204
233	233	student in or below grade six; or205
234	234	(C) Be accessible by or otherwise available or disseminated in any manner to any206
235	235	student in or above grade seven without written consent from such student's parent or207
236	236	permanent guardian.208
237	237	(c)(1) By August 1, 2025, the Georgia Council on Library Materials Standards, working209
238	238	in partnership with the State Board of Education and the Department of Education, shall210
239	239	establish standards for the designation of restricted material by local boards of education.211
240	240	Such standards shall include, but shall not be limited to, the following provisions:212
241	241	(A) Obscenity in any medium, including physical, electronic, visual, and audible, in213
242	242	public school primary instructional materials, supplementary instructional materials,214
243	243	and school library collection materials is not protected under the Georgia Constitution215
244	244	or the First Amendment to the United States Constitution;216
245	245	(B) Sexually explicit material shall only be designated as restricted material to the217
246	246	extent necessary:218
247	247	S. B. 248
248	248	- 9 - 25 LC 49 2229
249	249	(i) To provide adequate and grade-appropriate primary instructional materials to219
250	250	satisfy standards established by the Georgia Council on Library Materials Standards;220
251	251	or221
252	252	(ii) For the full and rigorous implementation of curricula, or elements of a222
253	253	curriculum, that are required as part of advanced placement, international223
254	254	baccalaureate, or dual enrollment coursework; and224
255	255	(C) Sexually explicit material that is designated as restricted material shall not:225
256	256	(i) Include material that is harmful to minors;226
257	257	(ii) Be accessible by or otherwise available or disseminated in any manner to any227
258	258	student in or below grade six; and228
259	259	(iii) Be accessible by or otherwise available or disseminated in any manner to any229
260	260	student in or above grade seven without written consent from such student's parent or230
261	261	permanent guardian.231
262	262	(2) The standards provided for in paragraph (1) of this subsection shall be reviewed and232
263	263	updated by June 1 each year by the Georgia Council on Library Materials Standards.233
264	264	(3) The Department of Education shall provide technical assistance and develop and234
265	265	promulgate model policies and procedures to aid public schools in implementing the235
266	266	standards provided for in paragraph (1) of this subsection.236
267	267	(d)(1) By August 1, 2025, the Georgia Council on Library Materials Standards, working237
268	268	in partnership with the State Board of Education and the Department of Education, shall238
269	269	establish standards for instructional materials used in any public school operated by a239
270	270	local board of education. Such standards shall include, but shall not be limited to, the240
271	271	following provisions:241
272	272	(A) Obscenity in any medium, including physical, electronic, visual, and audible, in242
273	273	public school primary or supplementary instructional materials is not protected under243
274	274	the Georgia Constitution or the First Amendment to the United States Constitution;244
275	275	S. B. 248
276	276	- 10 - 25 LC 49 2229
277	277	(B) Each public school is permitted to exclude materials that are pervasively vulgar or245
278	278	educationally unsuitable from its primary and supplementary instructional materials;246
279	279	(C) No public school shall possess, intentionally acquire, or disseminate in any manner247
280	280	primary or supplementary instructional material that is:248
281	281	(i) Harmful to minors; or249
282	282	(ii) Sexually explicit material except to the extent that such material that is designated250
283	283	as restricted material as provided in subsection (c) of this Code section; and251
284	284	(D) Restricted materials that are included in instructional materials shall not:252
285	285	(i) Include material that is harmful to minors;253
286	286	(ii) Be accessible by or otherwise available or disseminated in any manner to any254
287	287	student in or below grade six; and255
288	288	(iii) Be accessible by or otherwise available or disseminated in any manner to any256
289	289	student in or above grade seven without written consent from such student's parent or257
290	290	permanent guardian.258
291	291	(2) The standards provided for in paragraph (1) of this subsection shall apply to each259
292	292	public school's acceptable-use policy required by Code Section 20-2-324 and any primary260
293	293	or supplementary instructional materials made available or disseminated in any manner261
294	294	by the public school to students via the internet or any internet connected device,262
295	295	including, but not limited to, online learning programs, interactive learning programs,263
296	296	digital books, and audiobooks.264
297	297	(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and265
298	298	updated by June 1 each year by the Georgia Council on Library Materials Standards.266
299	299	(4) The Department of Education shall provide technical assistance and develop and267
300	300	promulgate model policies and procedures to aid public schools in implementing the268
301	301	standards provided for in paragraph (1) of this subsection.269
302	302	(e)(1) By August 1, 2025, the Georgia Council on Library Materials Standards, working270
303	303	in partnership with the State Board of Education and the Department of Education and271
304	304	S. B. 248
305	305	- 11 - 25 LC 49 2229
306	306	in consultation with the Georgia Public Library Service and the Georgia Archives, shall272
307	307	establish standards for school library programs and services in any public school operated273
308	308	by a local board of education. Such standards shall include, but shall not be limited to,274
309	309	the following provisions:275
310	310	(A) Obscenity in any medium, including physical, electronic, visual, and audible, in276
311	311	public school libraries is not protected under the Georgia Constitution or the First277
312	312	Amendment to the United States Constitution;278
313	313	(B) Each public school is permitted to exclude materials that pervasively vulgar or279
314	314	educationally unsuitable from its school library collection materials;280
315	315	(C) No public school library shall possess, intentionally acquire, or disseminate in any281
316	316	manner school library collection material that is:282
317	317	(i) Harmful to minors; or283
318	318	(ii) Sexually explicit material except to the extent that such material that is designated284
319	319	as restricted material as provided in subsection (c) of this Code section; and285
320	320	(D) Restricted materials that are included in school library collection materials:286
321	321	(i) Shall not include material that is harmful to minors;287
322	322	(ii) Shall be located and maintained in a restricted area which is not accessible by any288
323	323	student in or below grade six and which may be accessed by a student in or above289
324	324	grade seven only with written consent from such student's parent or permanent290
325	325	guardian;291
326	326	(iii) Shall not be accessible by or otherwise available or disseminated in any manner292
327	327	to any student in or below grade six; and293
328	328	(iv) Be accessible by or otherwise available or disseminated in any manner to any294
329	329	student in or above grade seven without written consent from such student's parent or295
330	330	permanent guardian.296
331	331	(2) The standards provided for in paragraph (1) of this subsection shall apply to each297
332	332	public school's acceptable use policy required by Code Section 20-2-324 and any school298
333	333	S. B. 248
334	334	- 12 - 25 LC 49 2229
335	335	library collection materials made available or disseminated in any manner by the public299
336	336	school to students via the internet or any internet connected device, including, but not300
337	337	limited to, online learning programs, interactive learning programs, digital books, and301
338	338	audiobooks.302
339	339	(3) The standards provided for in paragraph (1) of this subsection shall be reviewed and303
340	340	updated by June 1 each year by the Georgia Council on Library Materials Standards.304
341	341	(4) The Department of Education shall provide technical assistance and develop and305
342	342	promulgate model policies and procedures to aid public schools in implementing the306
343	343	standards provided for in paragraph (1) of this subsection.307
344	344	(f)(1) Beginning December 1, 2025, each local board of education shall:308
345	345	(A) Not accept possession of, acquire, or recommend the acquisition of, by any means,309
346	346	any primary instructional material from any vendor unless such primary instructional310
347	347	material has a rating which indicates whether any portion of such primary instructional311
348	348	material includes sexually explicit material;312
349	349	(B) Request to receive by June 1 each year from each vendor providing primary313
350	350	instructional materials to such local board of education a list of each item provided by314
351	351	such vendor during the preceding year that includes sexually explicit materials; and315
352	352	(C) Not enter into any new or renewed contractual or other arrangement for acquiring316
353	353	primary instructional materials with any vendor that does not agree to provide:317
354	354	(i) Ratings for primary instructional materials which indicate whether any portion of318
355	355	such primary instructional material includes sexually explicit material; and319
356	356	(ii) The list provided for in paragraph (2) of this subsection.320
357	357	(2) By June 15 each year, each local board of education shall post on its public website321
358	358	a list of all primary instructional materials used during the preceding school year that322
359	359	included sexually explicit material.323
360	360	S. B. 248
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362	362	(g)(1) Beginning December 1, 2025, no school library operated by a local board of324
363	363	education shall intentionally acquire by any means sexually explicit material or material325
364	364	that is harmful to minors for inclusion in its school library collection materials.326
365	365	(2) By July 1 each year, each local board of education shall review the contents of the327
366	366	school library collection materials designated as restricted material and determine328
367	367	whether such materials shall continue to be included in the school library collection329
368	368	materials. A list of such restricted materials shall be published on the public website of330
369	369	each local board of education.331
370	370	(3) By August 1 each year, each local board of education shall provide a list to the332
371	371	Department of Education of the restricted materials that will continue to be included in333
372	372	its school library collection materials as provided in paragraph (2) of this subsection. The334
373	373	Department of Education shall annually compile and publish such list on its public335
374	374	website.336
375	375	(h) The complaint resolution provisions of Code Section 20-2-324.6 shall apply to this337
376	376	Code section; provided, however, that, while a complaint is pending, the associated338
377	377	material shall be embargoed from use or accessibility by any student."339
378	378	PART II340
379	379	SECTION 2-1.341
380	380	Said title is further amended in Part 2 of Article 6 of Chapter 2, relating to competencies and342
381	381	core curriculum under the "Quality Basic Education Act," by repealing Code Section343
382	382	20-2-143, relating to sex education and AIDS prevention instruction, implementation, and344
383	383	student exemption, and enacting a new Code section to read as follows:345
384	384	"20-2-143.346
385	385	(a) This Code section shall be known and may be cited as the 'No Indoctrinating Children347
386	386	in Elementary (NICE) Act.'348
387	387	S. B. 248
388	388	- 14 - 25 LC 49 2229
389	389	(b) As used in this Code section, the term:349
390	390	(1) 'Inappropriate sex based topics' means any of the following topics:350
391	391	(A) A person's internal or deeply felt sense of his or her sex;351
392	392	(B) Whether a person's internal sense of sex aligns with his or her sex;352
393	393	(C) Pharmaceutical or medical treatment, hormone therapy, surgery, or removal of353
394	394	genitalia when administered or performed for the purpose of intentionally changing the354
395	395	body of such person to no longer correspond to his or her sex;355
396	396	(D) Individual sexual conduct or experiences of a person responsible for teaching356
397	397	children sex education;357
398	398	(E) Exploring individual sexuality, including to whom a person feels sexually attracted;358
399	399	(F) Respecting, exploring, and understanding the diversity of different sexual359
400	400	attractions;360
401	401	(G) Sexual expression and different ways to express one's sex; or361
402	402	(H) Changing one's name, pronouns, or personal titles to conform to one's perceived362
403	403	sex or identity.363
404	404	(2) 'Sex' means the biological state of being male or female, in the context of364
405	405	reproductive potential or capacity, based on the individual's sex organs, chromosomes,365
406	406	naturally occurring sex hormones, gonads, and internal and external genitalia present at366
407	407	birth, including secondary sex characteristics. An individual's sex can be observed or367
408	408	clinically verified at or before birth.368
409	409	(3) 'Sex education' includes any curricula or instruction that has the goal or purpose of369
410	410	studying, exploring, or informing students about human reproduction, human sexuality,370
411	411	sexual conduct, an internal or deeply felt sense of the student's sex, or sexual attraction371
412	412	to one or more persons.372
413	413	(c)(1) No public school or local school system shall provide sex education before the373
414	414	sixth grade.374
415	415	S. B. 248
416	416	- 15 - 25 LC 49 2229
417	417	(2) Each local board of education shall prescribe a course of study in abstinence based375
418	418	sex education and AIDS prevention instruction for grades six through 12 in the local376
419	419	school system as shall be determined by the State Board of Education.377
420	420	(3) The State Board of Education shall prescribe a minimum course of study in378
421	421	abstinence based sex education and AIDS prevention instruction which may be included379
422	422	as a part of a course of study in health education for grades six through 12.380
423	423	(d)(1) Sex education provided by a public school or local school system shall include381
424	424	instruction relating to the handling of peer pressure, promotion of high self-esteem, local382
425	425	community values, and abstinence from sexual activity as an effective method of383
426	426	preventing acquired immune deficiency syndrome and the only sure method of384
427	427	preventing pregnancy and sexually transmitted diseases. Sex education shall emphasize385
428	428	abstinence from sexual activity until marriage and fidelity in marriage as important386
429	429	personal goals. Sex education shall include instruction concerning the legal387
430	430	consequences of parenthood, including, without being limited to, the legal obligation of388
431	431	both parents to support a child and legal penalties or restrictions upon failure to support389
432	432	a child, including, without being limited to, the possible suspension or revocation of a390
433	433	parent's driver's license and occupational or professional licenses. The course shall also391
434	434	include annual age-appropriate sexual abuse and assault awareness and prevention392
435	435	education.393
436	436	(2) No education or curricula for students in kindergarten through grade 12 provided by394
437	437	a public school or local school system shall include inappropriate sex based topics, and395
438	438	if any information is provided on contraception, information on typical use and failure396
439	439	rates for each contraception option shall be included to show the rates of contraceptive397
440	440	failure as experienced by individuals under real-life conditions, including factors such as398
441	441	inconsistent or incorrect use.399
442	442	(e) Before a public school or local school system provides sex education to any student:400
443	443	S. B. 248
444	444	- 16 - 25 LC 49 2229
445	445	(1) The public school or local school system shall make the sex education curricula401
446	446	available to parents and guardians of all students and the public for review online and in402
447	447	person as provided in subsections (f) and (g) of this Code section;403
448	448	(2) Any parent or guardian of a child to whom sex education is to be taught as set forth404
449	449	in this Code section shall have the right to elect, in writing, that such child not receive sex405
450	450	education.406
451	451	(3) Any parent or guardian of a child to whom sex education is being taught shall have407
452	452	the right to withdraw such child from receiving sex education at any time.408
453	453	(f)(1) Beginning in the 2025-2026 school year and continuing each school year409
454	454	thereafter, before a public school or local school system offers sex education to any410
455	455	students, the governing body of such public school or local school system shall review411
456	456	and approve the sex education curricula based on content standards prescribed by the412
457	457	State Board of Education pursuant to subsection (h) of this Code section; provided,413
458	458	however, that such governing body shall not approve any sex education curricula without414
459	459	providing parents and guardians of all students and the public with a meaningful415
460	460	opportunity to review and to provide input on any proposed sex education curricula, as416
461	461	provided in paragraph (2) of this subsection, before such curricula is approved by such417
462	462	governing body.418
463	463	(2) Before approving any sex education curricula, the governing body of each public419
464	464	school or local school system shall:420
465	465	(A) Require that all meetings of such governing body, or any committee or421
466	466	subcommittee thereof, that are authorized for the purposes of reviewing and approving422
467	467	a sex education curricula be publicly noticed at least two weeks before occurring and423
468	468	be open to the public pursuant to Chapter 14 of Title 50;424
469	469	(B) Make any proposed sex education curricula available and accessible for review and425
470	470	public comment, including, but not limited to, written comments, oral comments, and426
471	471	S. B. 248
472	472	- 17 - 25 LC 49 2229
473	473	comments submitted through email, for at least 45 days before approval of any such sex427
474	474	education curricula by such governing body; and428
475	475	(C) Conduct at least two public hearings within the 45 day review period provided for429
476	476	in subparagraph (B) of this paragraph.430
477	477	(g) At least two weeks before any sex education is offered by a public school or local431
478	478	school system pursuant to this Code section, each such public school or local school system432
479	479	shall make the sex education curricula approved by the governing body of such public433
480	480	school or local school system as provided in subsection (f) of this Code section available434
481	481	for meaningful review by parents and guardians of all students and the public.435
482	482	(h) By July 1, 2025, the State Board of Education shall adopt age- and grade-appropriate436
483	483	content standards for sex education curricula for students in grades six through 12, and437
484	484	such standards shall not include any inappropriate sex based topics.438
485	485	(i) Nothing in this Code section shall be construed to prohibit age- and grade-appropriate439
486	486	classroom instruction regarding:440
487	487	(1) Child abuse and assault awareness and prevention; and441
488	488	(2) Menstruation."442
489	489	SECTION 2-2.443
490	490	Said title is further amended in Subpart 1 of Part 6 of Article 6 of Chapter 2, relating to444
491	491	certificated professional personnel, by revising subsection (b) of Code Section 20-2-201,445
492	492	relating to specific course requirements, in-service or continuing education, and online446
493	493	offerings, as follows:447
494	494	"(b) Each local unit of administration shall be required to provide all professional448
495	495	personnel certificated by the Professional Standards Commission 12 clock hours of449
496	496	in-service or continuing education in each calendar year, or meet requirements of the450
497	497	Southern Association of Colleges and Schools. Such in-service programs shall be451
498	498	developed by the local unit of administration in conjunction with such agencies as regional452
499	499	S. B. 248
500	500	- 18 - 25 LC 49 2229
501	501	educational service agencies, colleges and universities, and other appropriate organizations.
502	502	453
503	503	These programs shall be designed to address identified needs determined by appropriate454
504	504	personnel evaluation instruments. These programs shall also focus on improving the skills455
505	505	of certificated personnel that directly relate to improving student achievement, as reflected456
506	506	in the revised certification renewal rules established by the Professional Standards457
507	507	Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200458
508	508	regarding the impact of professional learning on student achievement. These programs459
509	509	shall also include in-service training programs on sexual abuse and assault awareness and460
510	510	prevention for professional personnel who will be providing instruction in annual461
511	511	age-appropriate sexual abuse and assault awareness and prevention education in
512	512	462
513	513	kindergarten through grade nine pursuant to subsection (b) of Code Section 20-2-143.463
514	514	Records of attendance shall be maintained by local units of administration and shall be464
515	515	monitored by appropriate Department of Education staff."465
516	516	SECTION 2-3.466
517	517	Said title is further amended in Part 5 of Article 16 of Chapter 2, relating to review of467
518	518	removal, by revising paragraph (3) of subsection (f) of Code Section 20-2-786, the "Parents'468
519	519	Bill of Rights," as follows:469
520	520	"(3)(A) Procedures which comply with the provisions of Code Section 20-2-143 for a470
521	521	parent to provide revocable written consent for his or her minor child to receive sex471
522	522	education; and472
523	523	(B) Procedures for a parent to withdraw or otherwise revoke his or her written consent473
524	524	for his or her minor child from the school's prescribed course of study in to receive sex474
525	525	education if the parent provides a written objection to his or her minor child's475
526	526	participation. Such procedures must provide for a parent to be notified in advance of476
527	527	such course content so that he or she may withdraw his or her minor child from the477
528	528	course; and"478
529	529	S. B. 248
530	530	- 19 - 25 LC 49 2229
531	531	PART III
532	532	479
533	533	SECTION 3-1.480
534	534	Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and481
535	535	secondary education, is amended in Part 2 of Article 6, relating to competencies and core482
536	536	curriculum under the "Quality Basic Education Act," by adding a new Code section to read483
537	537	as follows:484
538	538	"20-2-143.1.
539	539	485
540	540	(a) This Code section shall be known and may be cited as the 'Parents and Children486
541	541	Protection Act of 2025.'487
542	542	(b) As used in this Code section, the term:488
543	543	(1) 'Gender identity' means a person's internal sense of his or her gender which may or489
544	544	may not correspond with his or her sex and which may or may not be apparent to others.490
545	545	(2) 'Governing body' means the local board of education, governing council, governing491
546	546	board, or other entity by whatever name that is responsible for the management and492
547	547	control of a public school.493
548	548	(3) 'Inappropriate sex based topics' means any of the following topics:494
549	549	(A) A person's internal or deeply felt sense of his or her sex;495
550	550	(B) Whether a person's internal sense of sex aligns with his or her sex;496
551	551	(C) Pharmaceutical or medical treatment, hormone therapy, surgery, or removal of497
552	552	genitalia when administered or performed for the purpose of intentionally changing the498
553	553	body of such person to no longer correspond to his or her sex;499
554	554	(D) Individual sexual conduct or experiences of a person responsible for teaching500
555	555	children sex education;501
556	556	(E) Exploring individual sexuality, including to whom a person feels sexually attracted;502
557	557	(F) Respecting, exploring, and understanding the diversity of different sexual503
558	558	attractions;504
559	559	S. B. 248
560	560	- 20 - 25 LC 49 2229
561	561	(G) Sexual expression and different ways to express one's sex; or505
562	562	(H) Changing one's name, pronouns, or personal titles to conform to one's perceived506
563	563	sex or identity.507
564	564	(4) 'Informal communication' means any interaction of school personnel with one or508
565	565	more students that is not part of instruction and when such personnel is acting in his or509
566	566	her official capacity as an employee or representative of a public school or local school510
567	567	system.511
568	568	(5) 'Instruction' means the activities of school personnel engaged in the purposeful512
569	569	direction and supervision of the learning process by students and includes discussion513
570	570	involving students that is directed or supervised by school personnel in an instructional514
571	571	setting, including, but not limited to, a classroom.515
572	572	(6) 'Public school' or 'school' means a local school system, a school within a local school516
573	573	system, a charter school subject to the provisions of Article 31 or 31A of this chapter, a517
574	574	completion special school subject to the provisions of Article 31C of this chapter, or any518
575	575	other public school.519
576	576	(7) 'School personnel' means any person employed by a governing body, any person520
577	577	employed by a local health department who is assigned to a public school, or any third521
578	578	party engaged by or authorized to speak on behalf of a school.522
579	579	(8) 'Sex' means the biological indication of male or female, including sex chromosomes,523
580	580	naturally occurring sex hormones, gonads, and nonambiguous internal and external524
581	581	genitalia present at birth, without regard to a person's gender identity or his or her525
582	582	psychological, chosen, or subjective experience of gender.526
583	583	(9) 'Student' means a student enrolled in a public school.527
584	584	(c)(1) Notwithstanding any provision of Code Section 20-2-141, 20-2-143, or 20-2-786528
585	585	or any other law to the contrary, no school personnel shall intentionally initiate any529
586	586	instruction or informal communication with an emphasis on inappropriate sex based530
587	587	S. B. 248
588	588	- 21 - 25 LC 49 2229
589	589	topics involving any student in kindergarten through grade 12, excepting instruction for531
590	590	students in grades four through 12 when such instruction is:532
591	591	(A) Included as an express requirement in content standards established by the State533
592	592	Board of Education; or534
593	593	(B) Essential to the full and rigorous implementation of curricula, or elements of a535
594	594	curriculum, that are required as part of advanced placement, international baccalaureate,536
595	595	or dual enrollment coursework; provided, however, that such implementation is done537
596	596	in a professional and academically appropriate manner.538
597	597	(2) Except under the circumstances provided for in subparagraphs (A) and (B) of539
598	598	paragraph (1) of this subsection, if, during instruction or informal communication, a540
599	599	student or any other person initiates discussion with an emphasis on inappropriate sex541
600	600	based topics with school personnel, such school personnel shall bring such discussion to542
601	601	a prompt conclusion in a professional and academically appropriate manner; provided,543
602	602	however, that such school personnel shall not be required to interrupt or otherwise544
603	603	participate in a personal discussion exclusively by and between students that is not545
604	604	disrupting instruction or the orderly operation of the school. Such school personnel may546
605	605	refer such discussion to the school counselor; provided, however, that school personnel547
606	606	shall notify the parent or guardian if a student asserts an identity that does not align with548
607	607	his or her sex; provided, further, that before a school counselor addresses any such549
608	608	discussion with a student, her or she shall inform the student's parent or guardian and550
609	609	receive parental consent prior to discussing such topics.551
610	610	(3) The State Board of Education shall create and publish guidance for local boards of552
611	611	education to utilize in implementing the provisions of this subsection that includes, but553
612	612	is not limited to, the following:554
613	613	(A) No school employee or other person shall modify a child's official private or public555
614	614	school record, including a charter school record, to reflect a change in the child's name,556
615	615	S. B. 248
616	616	- 22 - 25 LC 49 2229
617	617	sex, or gender without the written consent of all of the child's parents with custodial557
618	618	rights or legal guardians;558
619	619	(B) No employee, contractor, or student of a public school or local school system shall559
620	620	be required to refer to another person using that person's preferred personal title or560
621	621	pronouns if such personal title or pronouns do not correspond to that person's sex or is561
622	622	not listed on that person's birth certificate;562
623	623	(C) No employee or contractor of a public school or local school system shall refer to563
624	624	a student using that person's preferred personal title or pronouns if such personal title564
625	625	or pronouns do not correspond to that person's sex or is not listed on that person's birth565
626	626	certificate without the written consent of all of the child's parents with custodial rights566
627	627	or legal guardians;567
628	628	(D) No student shall be asked by an employee or contractor of a public school or local568
629	629	school system to provide his or her preferred personal title or pronouns or be penalized569
630	630	or subjected to adverse or discriminatory treatment for not providing his or her570
631	631	preferred personal title or pronouns; and571
632	632	(E) No employee or contractor of a public school or local school system shall provide572
633	633	to a student such employee's or contractor's preferred personal title or pronouns if such573
634	634	preferred personal title or pronouns do not correspond to his or her sex.574
635	635	(d) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for575
636	636	a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code576
637	637	Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a completion special577
638	638	school, or Code Section 20-2-244."578
639	639	SECTION 3-2.579
640	640	Said chapter is further amended in Part 3 of Article 16, relating to student health, by adding580
641	641	three new subsections to Code Section 20-2-773, relating to restrictions on student health581
642	642	services and utilization of state funds, to read as follows:582
643	643	S. B. 248
644	644	- 23 - 25 LC 49 2229
645	645	"(c) At the beginning of each school year, each public school shall notify the parent of each583
646	646	enrolled student of the health services offered at the school. Such notice shall include clear584
647	647	information and procedures for a parent to decline or withhold consent for any specified585
648	648	health service to be provided to his or her child. Parental consent to a health service being586
649	649	provided to his or her child does not waive the parent's right to access his or her child's587
650	650	education or health records or to receive notifications regarding the mental, emotional, or588
651	651	physical health or well-being of his or her child as required by law.589
652	652	(d) Notwithstanding the provisions of Code Section 20-2-770 or 20-2-772 or any other law590
653	653	to the contrary, before administering a well-being questionnaire or health screening form591
654	654	to a public school student in kindergarten through grade three, the school shall provide such592
655	655	questionnaire or health screening form to the student's parent and obtain the consent of the593
656	656	parent for the administration of such questionnaire or health screening form.594
657	657	(e) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for595
658	658	a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code596
659	659	Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a completion special597
660	660	school, or Code Section 20-2-244."598
661	661	SECTION 3-3.599
662	662	Said chapter is further amended in Part 5 of Article 16, relating to review of removal, by600
663	663	adding a new Code section to read as follows:601
664	664	"20-2-787.602
665	665	(a) As used in this Code section, the term:603
666	666	(1) 'Governing body' means the local board of education, governing council, governing604
667	667	board, or other entity by whatever name that is responsible for the management and605
668	668	control of a public school.606
669	669	S. B. 248
670	670	- 24 - 25 LC 49 2229
671	671	(2) 'Minor child' means a person who is less than 18 years of age and who has not been607
672	672	emancipated by operation of law or by court order pursuant to Code Section 15-11-727608
673	673	or as otherwise provided by law.609
674	674	(3) 'Parent' means a person who has legal authority to act on behalf of a minor child as610
675	675	a natural or adoptive parent or a legal guardian.611
676	676	(4) 'Public school' or 'school' means a local school system, a school within a local school612
677	677	system, a charter school subject to the provisions of Article 31 or 31A of this chapter, a613
678	678	completion special school subject to the provisions of Article 31C of this chapter, or any614
679	679	other public school.615
680	680	(5) 'School personnel' means any person employed by a governing body or any person616
681	681	employed by a local health department who is assigned to a public school or any third617
682	682	party engaged by or authorized to speak on behalf of a school.618
683	683	(b)(1) No school or school personnel shall discourage or prohibit parental notification619
684	684	of or involvement in critical decisions affecting his or her minor child's mental,620
685	685	emotional, or physical health or well-being.621
686	686	(2) No school shall adopt a policy or procedure or engage in a practice that:622
687	687	(A) Prohibits school personnel from notifying a parent about his or her minor child's623
688	688	observed mental, emotional, or physical health or well-being; or624
689	689	(B) Encourages or has the effect of encouraging a student to withhold from his or her625
690	690	parent information relating to:626
691	691	(i) His or her mental, emotional, or physical health or well-being;627
692	692	(ii) A change in student support services provided to the student by his or her school;628
693	693	or629
694	694	(iii) A change in the monitoring of the student by his or her school.630
695	695	(3) Before administering a well-being questionnaire or health screening form to a public631
696	696	school student in kindergarten through grade three, the school shall comply with the632
697	697	requirements of subsection (d) of Code Section 20-2-773.633
698	698	S. B. 248
699	699	- 25 - 25 LC 49 2229
700	700	(c) On or before August 1, 2025, each governing body shall adopt policies and procedures634
701	701	for notifying a student's parent if there is a change in the student support services provided635
702	702	to the student by his or her school, the monitoring of the student by his or her school, the636
703	703	school's ability to provide a safe and supportive learning environment for the student, or637
704	704	the student's observed mental, emotional, or physical health or well-being. Such policies638
705	705	and procedures:639
706	706	(1) Shall not take any action to infringe on the fundamental right of a parent to make640
707	707	decisions regarding the upbringing and education of his or her minor child without641
708	708	demonstrating that such action is reasonable and necessary to achieve a compelling state642
709	709	interest and that such action is narrowly tailored and is not otherwise served by less643
710	710	restrictive means;644
711	711	(2) Shall reinforce the fundamental right of a parent to make decisions regarding the645
712	712	upbringing and education of his or her minor child by requiring school personnel to:646
713	713	(A) Encourage a student to discuss issues relating to his or her well-being with his or647
714	714	her parent; or648
715	715	(B) Facilitate the discussion of issues relating to a student's well-being with the student649
716	716	and his or her parent; and650
717	717	(3) Shall not prohibit a parent from accessing any of his or her minor child's education651
718	718	and health records created, maintained, or used by the school.652
719	719	(d)(1) No later than August 1, 2025, each governing body shall adopt a complaint653
720	720	resolution policy to address complaints alleging violations of any provision of Code654
721	721	Section 20-2-143.1, Code Section 20-2-773, or subsections (b) and (c) of this Code655
722	722	section. The complaint resolution policy shall provide that:656
723	723	(A) A school shall not be required to respond to a complaint made pursuant to this657
724	724	paragraph unless it is made by:658
725	725	(i) The parent of a student enrolled at the school where the alleged violation659
726	726	occurred;660
727	727	S. B. 248
728	728	- 26 - 25 LC 49 2229
729	729	(ii) A student who has reached the age of majority or is a lawfully emancipated minor661
730	730	and who is enrolled at the school where the alleged violation occurred; or662
731	731	(iii) School personnel assigned or authorized to work at the school where the alleged663
732	732	violation occurred;664
733	733	(B) The complaint shall first be submitted in writing to the principal of the school665
734	734	where the alleged violation occurred;666
735	735	(C) The complaint shall provide a reasonably detailed description of the alleged667
736	736	violation;668
737	737	(D)(i) Within five school days of receiving such written complaint, the school669
738	738	principal or his or her designee shall review the complaint and take reasonable steps670
739	739	to investigate the allegations in the complaint.671
740	740	(ii) Within ten school days of receiving the complaint, unless another schedule is672
741	741	mutually agreed to by the complainant and the school principal or his or her designee,673
742	742	the school principal or such designee shall confer with the complainant and inform674
743	743	the complainant whether a violation occurred, in whole or in part, and, if such a675
744	744	violation was found to have occurred, what remedial steps have been or will be taken;676
745	745	provided, however, that the confidentiality of student or school personnel information677
746	746	shall not be violated.678
747	747	(iii) Following such conference, within three school days of a request by the679
748	748	complainant, the school principal or his or her designee shall provide to the680
749	749	complainant a written summary of the findings of the investigation and a statement681
750	750	of remedial measures, if any; provided, however, that such written response shall not682
751	751	disclose any confidential student or school personnel information;683
752	752	(E) The written summary provided for in subparagraph (D) of this paragraph shall be684
753	753	reviewed by the school's governing body within 30 school days of receiving a written685
754	754	request for such review by the complainant addressed to the school's governing body;686
755	755	S. B. 248
756	756	- 27 - 25 LC 49 2229
757	757	provided, however, that confidential student or school personnel information shall not687
758	758	be subject to review pursuant to this subparagraph; and688
759	759	(F)(i) Following a decision by the school's governing body regarding a complaint689
760	760	pursuant to subparagraph (E) of this paragraph, any party aggrieved by the decision690
761	761	of the school's governing body shall have the right to appeal such decision to the State691
762	762	Board of Education for a hearing as provided in Code Section 20-2-1160. For692
763	763	purposes of the application of this subparagraph, the terms 'local board' and 'local693
764	764	board of education' as used in subsections (b) through (e) of Code Section 20-2-1160694
765	765	shall include the school's governing body regardless of whether such governing body695
766	766	is a local board of education.696
767	767	(ii) The State Board of Education shall, after hearing an appeal brought pursuant to697
768	768	division (i) of this subparagraph, make written findings regarding whether any698
769	769	violations of any provision of Code Section 20-2-143.1, Code Section 20-2-773, or699
770	770	subsections (b) and (c) of this Code section occurred. If the State Board of Education700
771	771	finds that one or more such violations occurred, it shall direct the Department of701
772	772	Education to develop a corrective action plan to be provided to the school within ten702
773	773	school days of such finding, and the school shall have 30 school days to implement703
774	774	the corrective action plan. If the State Board of Education finds that such school has704
775	775	not implemented the corrective action plan:705
776	776	(I) In cases where the school at issue is covered under one or more waivers as706
777	777	provided in Article 4 of this chapter, Code Section 20-2-244, or Code707
778	778	Section 20-2-2065, the State Board of Education shall order the immediate708
779	779	suspension of one or more waivers applicable to such school. The State Board of709
780	780	Education shall exercise discretion in determining which waivers shall be subject710
781	781	to such order of suspension and shall, as may be reasonable and practicable,711
782	782	narrowly tailor such order to address specific violations found by the State Board712
783	783	of Education to have occurred. An order suspending a school's waivers pursuant to713
784	784	S. B. 248
785	785	- 28 - 25 LC 49 2229
786	786	this subdivision shall be in effect for no less than 12 months from the date of such714
787	787	order and, if the remainder of the current term of the applicable contract with the715
788	788	State Board of Education providing for such waivers is greater than 12 months, then716
789	789	no longer than such remainder; and717
790	790	(II) In cases where the school at issue is not covered under a waiver as provided in718
791	791	Article 4 of this chapter, Code Section 20-2-244, or Code Section 20-2-2065, the719
792	792	State Board of Education shall refer the matter to the State School Superintendent720
793	793	to recommend what appropriate remedial actions and sanctions should be721
794	794	considered for implementation by the State Board of Education.722
795	795	(2) No later than July 1, 2025, the State Board of Education shall promulgate a model723
796	796	policy to assist schools with establishing a complaint resolution process that meets the724
797	797	requirements of paragraph (1) of this subsection. The Department of Education shall725
798	798	develop guidance for schools for use when determining whether violations of any726
799	799	provision of Code Section 20-2-143.1, Code Section 20-2-773, or subsections (b) and (c)727
800	800	of this Code section have occurred. The Department of Education shall be authorized to728
801	801	revise such guidance from time to time.729
802	802	(e) This Code section does not and shall not be construed to:730
803	803	(1) Authorize a parent in this state to engage in conduct that is unlawful or to abuse or731
804	804	neglect his or her minor child in violation of the law;732
805	805	(2) Prohibit a governing body or a public school from adopting policies or procedures733
806	806	that permit school personnel to withhold information regarding a minor child's mental,734
807	807	emotional, or physical health or well-being from his or her parent if a reasonably prudent735
808	808	person would believe that disclosure would result in child abuse, abandonment, or736
809	809	neglect, as those terms are defined in Code Section 19-7-5;737
810	810	(3) Prohibit a judge or officer of a court of competent jurisdiction, a law enforcement738
811	811	officer, or any agent of a state or local government entity that is responsible for child739
812	812	S. B. 248
813	813	- 29 - 25 LC 49 2229
814	814	welfare from acting in his or her official capacity within the reasonable and prudent scope740
815	815	of his or her authority;741
816	816	(4) Prohibit a court of competent jurisdiction from issuing an order that is otherwise742
817	817	permitted by law; or743
818	818	(5) Apply to a parental action or decision that would end life.744
819	819	(f) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for745
820	820	a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code746
821	821	Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a completion special747
822	822	school, or Code Section 20-2-244."748
823	823	PART IV749
824	824	SECTION 4-1.750
825	825	This Act shall become effective upon its approval by the Governor or upon its becoming law751
826	826	without such approval.752
827	827	SECTION 4-2.753
828	828	All laws and parts of laws in conflict with this Act are repealed.754
829	829	S. B. 248
830	830	- 30 -