Text of GA HB 1045 (2024)

24 LC 49 1585 House Bill 1045 By: Representatives Clark of the 100th, Jones of the 25th, Jasperse of the 11th, Barrett of the 24th, Ridley of the 6th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to 1 elementary and secondary education, so as to require each school in this state that receives 2 state funding for education to give notice and receive written consent prior to providing 3 students in kindergarten through grade 12 with sexual orientation or gender identity 4 instruction; to require public and private schools in this state to maintain an official record 5 of certain information regarding each enrolled student, including, but not limited to, such 6 student's legal name; to provide for requirements for changing the legal name of a student 7 in his or her official school records; to prohibit nurses, counselors, teachers, administrators, 8 and other school personnel employed by schools in this state that receive state funding for 9 education from knowingly encouraging or coercing a student under the age of 18 years to 10 withhold from his or her parent or legal guardian that his or her perception of his or her 11 gender is inconsistent with his or her sex or from knowingly withholding from the parent or 12 legal guardian of a student under the age of 18 years information related to his or her 13 perception that his or her gender is inconsistent with his or her sex; to provide for definitions; 14 to provide for construction; to provide for applicability; to provide for cause of action; to 15 provide for remedies; to provide for related matters; to repeal conflicting laws; and for other 16 purposes. 17 H. B. 1045 - 1 - 24 LC 49 1585 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 18 SECTION 1. 19 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and 20 secondary education, is amended in Part 15 of Article 6, relating to miscellaneous provisions 21 under the "Quality Basic Education Act," by adding a new Code section to read as follows: 22 "20-2-324.7. 23 (a) As used in this Code section, the term: 24 (1) 'School' means any public or private school in this state which enrolls students in 25 kindergarten or one or more grades one through 12 and receives state funding in any 26 amount pursuant to this chapter. 27 (2) 'Sexual orientation or gender identity instruction' means the delivery of instruction 28 of any kind related to sexual orientation or gender identity and includes without 29 limitation the content and distribution of materials of any kind related to sexual 30 orientation or gender identity and the content and administration of tests, assessments, 31 surveys, or questionnaires of any kind related to sexual orientation or gender identity. 32 (b) No less than 30 calendar days prior to providing sexual orientation or gender identity 33 instruction, regardless of whether such instruction is provided as part of a family life 34 program, sex education program, or other program, each school shall notify the parent or 35 legal guardian of each student who is anticipated to attend such instruction that: 36 (1) The school is providing sexual orientation or gender identity instruction; and 37 (2) The parent or legal guardian shall be permitted prior to such instruction being 38 provided to review the instructional materials and confer with the student's teacher, a 39 school counselor, or other school personnel designated by the school principal regarding 40 any or all portions of such instruction. 41 (c)(1) Prior to providing sexual orientation or gender identity instruction, regardless of 42 whether such instruction is provided as part of a family life program, sex education 43 H. B. 1045 - 2 - 24 LC 49 1585 program, or other program, each school shall obtain written consent to attend such 44 instruction from: 45 (A) The parent or legal guardian of each student under the age of 18 years who is 46 anticipated to attend such instruction; or 47 (B) Each student who has reached the age of 18 years and who is anticipated to attend 48 such instruction. 49 (2) Any person who provides a school with written consent as provided in paragraph (1) 50 of this subsection shall have the right to withdraw such consent at any time. 51 (d) Each student who is not the subject of current written consent as provided for in 52 subsection (c) of this Code section shall be excused from sexual orientation or gender 53 identity instruction and shall not be subjected to any academic, disciplinary, or other 54 penalty by the school or any school personnel. 55 (e) No school shall be required to notify a student's parent or legal guardian before a 56 teacher, school administrator, or other school personnel: 57 (1) Responds to a question from a student during class regarding sexual orientation or 58 gender identity as it relates to any topic of instruction; or 59 (2) Refers to the sexual orientation or gender identity of any historic person, group, or 60 public figure, where such reference provides necessary context in relation to a topic of 61 instruction. 62 (f) No school shall be required to provide sexual orientation or gender identity instruction, 63 and nothing in this Code section shall be construed to provide for such a requirement. 64 (g) In addition to any other rights or remedies otherwise provided by law, any aggrieved 65 student or aggrieved parent or legal guardian of a student shall have a private right of 66 action to enforce the provisions of this Code section through injunctive or declaratory relief 67 in the superior court of the county in which the relevant public or private school is located. 68 If an aggrieved student or aggrieved parent or legal guardian of a student is the prevailing 69 party in such action, such student, parent, or legal guardian shall be entitled to an award of 70 H. B. 1045 - 3 - 24 LC 49 1585 reasonable attorney fees, court costs, and expenses of litigation, but shall not be entitled to 71 any monetary damages." 72 SECTION 2. 73 Said chapter is further amended in Article 15, relating to student data privacy, accessibility, 74 and transparency, by adding a new Code section to read as follows: 75 "20-2-667.1. 76 (a) Each public and private school in this state which enrolls students in kindergarten or 77 one or more grades one through 12 shall maintain an official record for each student 78 currently enrolled in such school, and such official record shall include, at a minimum: 79 (1) The student's legal name; 80 (2) The student's date of birth; 81 (3) The student's dates of enrollment; 82 (4) A transcript of the student's grades; 83 (5) The student's home address; 84 (6) The name of each of the student's parents or legal guardians; and 85 (7) The addresses of each of the student's parents or legal guardians. 86 (b) Each request to change the legal name of a student included in such student's official 87 record required under subsection (a) of this Code section shall be made in writing and 88 accompanied by a copy of a court order providing for the change in the student's legal 89 name; provided, however, that if the student who is the subject of such request is under the 90 age of 18 years, the request shall also be accompanied by a written consent form signed by 91 each of the student's parents or legal guardians. 92 (c) In addition to any other rights or remedies otherwise provided by law, any aggrieved 93 student or aggrieved parent or legal guardian of a student shall have a private right of 94 action to enforce the provisions of this Code section through injunctive or declaratory relief 95 in the superior court of the county in which the relevant public or private school is located. 96 H. B. 1045 - 4 - 24 LC 49 1585 If an aggrieved student or aggrieved parent or legal guardian of a student is the prevailing 97 party in such action, such student, parent, or legal guardian shall be entitled to an award of 98 reasonable attorney fees, court costs, and expenses of litigation, but shall not be entitled to 99 any monetary damages." 100 SECTION 3. 101 Said chapter is further amended in Part 3 of Article 16, relating to health of elementary and 102 secondary school students, by adding a new Code section to read as follows: 103 "20-2-779.5. 104 (a) As used in this Code section, the term: 105 (1) 'School' means any public or private school in this state which enrolls students in 106 kindergarten or one or more grades one through 12 and receives state funding in any 107 amount pursuant to this chapter. 108 (2) 'Sex' means the biological indications of male and female, including sex 109 chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and 110 external genitalia present at birth, without regard to an individual's psychological, chosen, 111 or subjective experience of gender. 112 (b) No school nurse, counselor, teacher, administrator, or other school personnel shall 113 knowingly: 114 (1) Encourage or coerce a student under the age of 18 years to withhold from his or her 115 parent or legal guardian that his or her perception of his or her gender is inconsistent with 116 his or her sex; or 117 (2) Withhold from the parent or legal guardian of a student under the age of 18 years 118 information related to his or her perception that his or her gender is inconsistent with his 119 or her sex. 120 (c) In addition to any other rights or remedies otherwise provided by law, any aggrieved 121 student or aggrieved parent or legal guardian of a student shall have a private right of 122 H. B. 1045 - 5 - 24 LC 49 1585 action to enforce the provisions of this Code section through injunctive or declaratory relief 123 in the superior court of the county in which the relevant public or private school is located. 124 If an aggrieved student or aggrieved parent or legal guardian of a student is the prevailing 125 party in such action, such student, parent, or legal guardian shall be entitled to an award of 126 reasonable attorney fees, court costs, and expenses of litigation, but shall not be entitled to 127 any monetary damages." 128 SECTION 4. 129 All laws and parts of laws in conflict with this Act are repealed. 130 H. B. 1045 - 6 -