Text of GA HB 1084 (2022)

22 LC 49 0777 H. B. 1084 - 1 - House Bill 1084 By: Representatives Wade of the 9th, Jones of the 47th, Dubnik of the 29th, Meeks of the 178th, Thomas of the 21st, and others 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 prevent the use of and reliance upon curricula or training programs which act upon, promote, 2 or encourage certain concepts, with exceptions; to provide for such exceptions; to require 3 local boards of education and local school superintendents to prohibit discrimination on the 4 basis of race; to require that curricula and training programs provided for by local school 5 systems to their respective employees shall encourage such employees not to judge others 6 based on race; to provide for statutory construction; to provide for a complaint resolution 7 policy, process, and appeals; to provide for promulgation of a model policy by the State 8 Board of Education; to provide for guidance to local school systems by the Department of 9 Education; to provide for penalties; to prohibit certain waivers; to prohibit basing 10 certification and classification of certain professional personnel upon completion of training 11 programs which act upon, promote, or encourage certain concepts; to prohibit certain 12 performance standards and the code of ethics for educators to require completion of training 13 programs which act upon, promote, or encourage certain concepts; to provide for definitions; 14 to provide for construction; to provide for related matters; to repeal conflicting laws; and for 15 other purposes. 16 22 LC 49 0777 H. B. 1084 - 2 - BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 17 SECTION 1. 18 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in 19 Article 1 of Chapter 1, relating to general provisions, by adding a new Code section to read 20 as follows: 21 "20-1-11. 22 (a) As used in this Code section, the term: 23 (1) 'Divisive concepts' means any of the following concepts, including views espousing 24 such concepts: 25 (A) One race is inherently superior to another race; 26 (B) The United States of America is fundamentally racist; 27 (C) An individual, by virtue of his or her race, is inherently racist or oppressive toward 28 individuals of other races, whether consciously or subconsciously; 29 (D) An individual should be discriminated against or receive adverse treatment solely 30 or partly because of his or her race; 31 (E) An individual's moral character is inherently determined by his or her race; 32 (F) An individual, by virtue of his or her race, bears responsibility for actions 33 committed in the past by other individuals of the same race; 34 (G) An individual should feel discomfort, guilt, anguish, or any other form of 35 psychological distress because of his or her race; 36 (H) Meritocracy or traits such as a hard work ethic are racist or were created by 37 individuals of a particular race to oppress individuals of another race; or 38 (I) Any other form of race scapegoating or race stereotyping. 39 (2) 'Race scapegoating' means assigning fault, blame, or bias to a race, or to an individual 40 of a particular race because of his or her race. Such term includes, but is not limited to, 41 any claim that an individual of a particular race, consciously or subconsciously, and by 42 22 LC 49 0777 H. B. 1084 - 3 - virtue of his or her race, is inherently racist or is inherently inclined to oppress individuals 43 of other races. 44 (3) 'Race stereotyping' means ascribing character traits, values, moral or ethical codes, 45 privileges, status, or beliefs to a race, or to an individual because of his or her race. 46 (b) Each local board of education and local school superintendent shall prohibit employees 47 from discriminating against students and other employees based on race. 48 (c)(1) Each local board of education and local school superintendent shall ensure that 49 curricula and training programs provided by the local school system encourage 50 employees and students to practice tolerance and mutual respect and to refrain from 51 judging others based on race. 52 (2) Each local school system may provide curricula or training programs that foster 53 learning and workplace environments where all students, employees, and school 54 community members are respected; provided, however, that any curriculum or mandatory 55 training program, whether taught or facilitated by school personnel or a third party 56 engaged by the local school system, may not act upon, promote, or encourage divisive 57 concepts. 58 (d) Nothing in this Code section shall be construed to: 59 (1) Inhibit or violate the rights protected by the Constitutions of Georgia and the United 60 States of America or undermine intellectual freedom and free expression; 61 (2) Infringe upon the intellectual vitality of students and employees of local boards of 62 education and local school systems; 63 (3) Prohibit a local board of education or local school system from promoting concepts 64 such as tolerance, mutual respect, cultural sensitivity, or cultural competency; provided, 65 however, that such efforts do not conflict with the requirements of this Code section and 66 other applicable laws; 67 (4) Prohibit a school administrator, teacher, other school personnel, or an individual 68 facilitating a training program from responding in an objective manner and without 69 22 LC 49 0777 H. B. 1084 - 4 - endorsement to questions regarding specific divisive concepts raised by students, school 70 community members, or participants in a training program; 71 (5) Prohibit the discussion of divisive concepts, as part of a larger course of instruction, 72 in an objective manner and without endorsement; 73 (6) Prohibit the use of curricula that addresses the topics of slavery, racial oppression, 74 racial segregation, or racial discrimination, including topics relating to the enactment and 75 enforcement of laws resulting in racial oppression, segregation, and discrimination in an 76 objective manner and without endorsement; 77 (7) Create any right or benefit, substantive or procedural, enforceable at law or in equity, 78 by any party against a local board of education or a local school system or the 79 departments, agencies, entities, officers, employees, agents, or any other personnel 80 affiliated with such local board of education or such local school system; or 81 (8) Prohibit a state or federal court or agency of competent jurisdiction from ordering 82 training or other remedial action that discusses divisive concepts due to a finding of 83 discrimination, including discrimination based on race. 84 (e)(1) No later than August 1, 2022, each local board of education shall adopt a 85 complaint resolution policy for its local school system to address complaints alleging 86 violations of any provision of subsections (b) through (d) of this Code section at a school 87 in such school system. The complaint resolution policy shall provide that: 88 (A) A school or local school system shall not be required to respond to a complaint 89 made pursuant to this subsection unless it is made by: 90 (i) The parent of a student enrolled at the school where the alleged violation 91 occurred; 92 (ii) A student who has reached the age of majority or is a lawfully emancipated minor 93 and who is enrolled at the school where the alleged violation occurred; 94 (iii) An individual employed as a school administrator, teacher, or other school 95 personnel at the school where the alleged violation occurred; or 96 22 LC 49 0777 H. B. 1084 - 5 - (iv) The district attorney for the county where the alleged violation occurred; 97 (B) The complaint shall first be submitted in writing to the principal of the school 98 where the alleged violation occurred; 99 (C) The complaint shall provide a reasonably detailed description of the alleged 100 violation; 101 (D) Within three school days of receiving such written complaint, the school principal 102 or his or her designee shall review the complaint and take reasonable steps to 103 investigate the allegations in the complaint. The school principal shall determine 104 whether the alleged violation occurred, in whole or in part. Within five school days of 105 receiving the complaint, unless another schedule is mutually agreed to by the 106 complainant and the school principal, the school principal shall confer with the 107 complainant and inform the complainant whether a violation occurred, in whole or in 108 part, and, if such a violation was found to have occurred, what remedial steps will be 109 taken; provided, however, that the confidentiality of student or personnel information 110 shall not be violated; 111 (E) The school principal's determinations provided for in subparagraph (D) of this 112 paragraph shall be reviewed by the local school superintendent or his or her designee 113 within 14 days of receiving a written request for such review by the complainant 114 addressed to the local school superintendent; and 115 (F) The local school superintendent's decision following the administrative review 116 provided for in subparagraph (E) of this paragraph shall be subject to review by the 117 local board of education as provided in Code Section 20-2-1160. 118 (2) Following a decision by a local board of education regarding a complaint made 119 pursuant to paragraph (1) of this subsection, any party aggrieved by the decision of the 120 local board of education shall have the right to appeal such decision to the State Board 121 of Education for a hearing as provided in Code Section 20-2-1160. 122 22 LC 49 0777 H. B. 1084 - 6 - (3) The State Board of Education shall, after hearing an appeal brought pursuant to 123 paragraph (2) of this subsection, make written findings regarding whether any violations 124 of any provision of subsections (b) through (d) of this Code section occurred at a school 125 in such school system, and: 126 (A)(i) In cases where the local school system at issue has been granted one or more 127 waivers as provided in Article 4 of Chapter 2 of this title, Code Section 20-2-244, or 128 Code Section 20-2-2065, shall order the immediate suspension of one or more 129 waivers included in the local school system's contract with the State Board of 130 Education providing for such waivers. 131 (ii) The State Board shall exercise discretion in determining which waivers shall be 132 subject to such order of suspension and shall, as may be reasonable and practicable, 133 narrowly tailor such order to address specific violations of provisions of subsections 134 (b) through (d) of this Code section. 135 (iii) An order suspending a local school system's waivers pursuant to division (i) of 136 this subparagraph shall be in effect for no less than 12 months from the date of such 137 order and, if the remainder of the current term of such local school system's contract 138 with the State Board of Education providing for waivers is greater than 12 months, 139 then no longer than such remainder; and 140 (B) In cases where the local school system at issue has not been granted a waiver as 141 provided in Article 4 of Chapter 2 of this title, Code Section 20-2-244, or Code Section 142 20-2-2065, shall refer the matter to the State School Superintendent to determine 143 whether to exercise his or her suspension authority as provided in Code Section 144 20-2-34. 145 (4) No later than July 1, 2022, the State Board of Education shall promulgate a model 146 policy to assist local school systems with establishing a complaint resolution process that 147 meets the requirements of paragraph (1) of this subsection. The Department of Education 148 shall develop guidance for local school systems for use when determining whether 149 22 LC 49 0777 H. B. 1084 - 7 - violations of subsections (b) through (d) of this Code section have occurred. The 150 Department of Education shall be authorized to revise such guidance from time to time. 151 (5) Nothing in this subsection shall be construed to prohibit any cause of action available 152 at law or in equity to a complainant who is aggrieved by a decision of a local board of 153 education made pursuant to subparagraph (F) of paragraph (1) of this subsection. 154 (f) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for 155 a strategic waivers school system; Code Section 20-2-2063.2 for a charter system; Code 156 Section 20-2-2065 for a charter school, a charter system, or schools within a charter 157 system; or Code Section 20-2-244 for waiver requests by a local board of education." 158 SECTION 2. 159 Said title is further amended in Subpart 1 of Part 6 of Article 6 of Chapter 2, relating to 160 certificated professional personnel in elementary and secondary education, by revising 161 subsection (a) and paragraph (1) of subsection (b) of Code Section 20-2-200, relating to 162 regulation of certificated professional personnel by Professional Standards Commission, 163 rules and regulations, and fees, as follows: 164 "(a) The Professional Standards Commission shall provide, by regulation, for certifying 165 and classifying all certificated professional personnel employed in the public schools of 166 this state, including personnel who provide virtual instruction to public schools of this state, 167 whether such personnel are located within or outside of this state or whether such personnel 168 are employed by a local unit of administration. Such certification and classification shall 169 not be dependent in whole or in part upon an individual participating in or completing any 170 training program in which divisive concepts, as such term is defined in Code 171 Section 20-1-11, are acted upon, promoted, or encouraged. No such personnel shall be 172 employed in the public schools of this state unless they hold certificates issued by the 173 commission certifying their qualifications and classification in accordance with such 174 regulations. The commission shall establish such number of classifications of other 175 22 LC 49 0777 H. B. 1084 - 8 - certificated professional personnel as it may find reasonably necessary or desirable for the 176 operation of the public schools; provided, however, that such classifications shall be based 177 only upon academic, technical, and professional training, experience, and competency of 178 such personnel. The commission is authorized to provide for denying a certificate to an 179 applicant, suspending or revoking a certificate, or otherwise disciplining the holder of a 180 certificate for good cause after an investigation is held and notice and an opportunity for 181 a hearing are provided the certificate holder or applicant in accordance with subsection (d) 182 of Code Section 20-2-984.5. The commission shall designate and define the various 183 classifications of professional personnel employed in the public schools of this state that 184 shall be required to be certificated under this Code section or under Code Section 20-2-206. 185 Without limiting the generality of the foregoing, the term 'certificated professional 186 personnel' means all professional personnel certificated by the commission and county or 187 regional librarians. 188 (b)(1) The Professional Standards Commission shall establish rules and regulations for 189 appropriate requirements and procedures to ensure high-quality certification standards 190 for all Georgia educators while facilitating the interstate mobility of out-of-state certified 191 educators; provided, however, that such rules, regulations, requirements, and procedures 192 shall not require an individual to participate in or complete any training program in which 193 divisive concepts, as such term is defined in Code Section 20-1-11, are acted upon, 194 promoted, or encouraged." 195 SECTION 3. 196 Said title is further amended in Subpart 1A of Part 2 of Article 16 of Chapter 2, relating to 197 improved student learning environment and discipline in elementary and secondary 198 education, by revising Code Section 20-2-739, relating to conflict management and 199 resolution and cultural diversity training programs, as follows: 200 22 LC 49 0777 H. B. 1084 - 9 - "20-2-739. 201 On and after July 1, 2000, the Department of Education shall provide training programs in 202 conflict management and resolution and in cultural diversity for voluntary implementation 203 by local boards of education for school employees, parents and guardians, and students; 204 provided, however, that after July 1, 2022, such training programs shall not act upon, 205 promote, or encourage divisive concepts, as such term is defined in Code Section 20-1-11." 206 SECTION 4. 207 Said title is further amended in Part 10 of Article 17 of Chapter 2, relating to professional 208 standards in elementary and secondary education, by revising subsection (a) of Code 209 Section 20-2-984, relating to Professional Standards Commission — authority to create and 210 implement standards and procedures for certifying educational personnel, recommending 211 standards and procedures for certification, continuation of teaching certificates, and 212 restrictions, as follows: 213 "(a) The commission shall create and implement standards and procedures for certifying 214 educational personnel as qualified for a certificate to practice in the public schools of 215 Georgia,; provided, however, that such standards and procedures shall not require an 216 individual to participate in or complete any training program in which divisive concepts, 217 as such term is defined in Code Section 20-1-11, are acted upon, promoted, or encouraged; 218 provided, further, that such standards shall include including the following: 219 (1) Procedures for limiting the number and types of certificates to the fewest possible 220 consistent with providing qualified teachers for Georgia's schools; 221 (2) In-service training and related requirements needed to renew or maintain 222 certification; 223 (3) Multiple or alternative routes to professional teacher certification, including, but not 224 limited to, the alternative and nontraditional teacher certification programs provided for 225 in Code Section 20-2-206; and 226 22 LC 49 0777 H. B. 1084 - 10 - (4) Requirements, including appropriate examinations and assessments, for acquiring and 227 maintaining certification pursuant to Code Section 20-2-200." 228 SECTION 5. 229 Said title is further amended in Part 10 of Article 17 of Chapter 2, relating to professional 230 standards in elementary and secondary education, by revising subsection (a) of Code 231 Section 20-2-984.1, relating to Professional Standards Commission — adoption of standards 232 of performance and a code of ethics, as follows: 233 "(a) It shall be the duty of the commission, by regulation, to adopt standards of 234 performance and a code of ethics for educators. The standards of performance and code 235 of ethics shall represent standards of performance and conduct which are generally 236 accepted by educators of this state. In adopting regulations as provided in this Code 237 section, the commission shall seek the advice of educators of this state. The standards of 238 performance and code of ethics adopted by the commission shall be limited to professional 239 performance and professional ethics. The standards of performance and code of ethics 240 adopted by the commission shall not require an individual to participate in or complete any 241 training program in which divisive concepts, as such term is defined in Code 242 Section 20-1-11, are acted upon, promoted, or encouraged." 243 SECTION 6. 244 All laws and parts of laws in conflict with this Act are repealed. 245

22 HB 1084/AP H. B. 1084 - 1 - House Bill 1084 (AS PASSED HOUSE AND SENATE) By: Representatives Wade of the 9th, Jones of the 47th, Dubnik of the 29th, Meeks of the 178th, Thomas of the 21st, and others 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 prevent the use of and reliance upon curricula or training programs which advocate for 2 certain concepts, with exceptions; to provide for such exceptions; to require local boards of 3 education, local school superintendents, and the governing bodies of charter schools to 4 prohibit discrimination on the basis of race; to require that curricula and training programs 5 shall encourage such employees not to judge others based on race; to provide for statutory 6 construction; to provide for complaint resolution policies and procedures; to provide for 7 promulgation of a model policy by the State Board of Education; to provide for guidance to 8 schools and local school systems by the Department of Education; to provide for a process 9 by which certain individuals shall have access to certain records; to provide for penalties; to 10 prohibit certain waivers; to prohibit basing certification and classification of certain 11 professional personnel upon completion of training programs which advocate for certain 12 concepts; to prohibit certain performance standards and the code of ethics for educators to 13 require completion of training programs which advocate for certain concepts; to provide for 14 definitions; to provide for a short title; to provide for construction; to provide that no high 15 school that receives QBE funds shall participate in, sponsor, or provide coaching staff for 16 interscholastic sports events which are conducted under the authority of, conducted under the 17 rules of, or scheduled by any athletic association unless such athletic association provides for 18 22 HB 1084/AP H. B. 1084 - 2 - an executive oversight committee; to provide for the appointment, membership, selection of 19 officers, meetings, duties, and authorities of such executive oversight committee; to provide 20 for reimbursement for such executive oversight committee; to provide for noncompliant high 21 schools to forfeit QBE funding; to provide for related matters; to repeal conflicting laws; and 22 for other purposes. 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 24 PART I 25 SECTION 1-1. 26 This Act shall be known and may be cited as the "Protect Students First Act." 27 SECTION 1-2. 28 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in 29 Article 1 of Chapter 1, relating to general provisions, by adding a new Code section to read 30 as follows: 31 "20-1-11. 32 (a) As used in this Code section, the term: 33 (1) 'Divisive concepts' means any of the following concepts, including views espousing 34 such concepts: 35 (A) One race is inherently superior to another race; 36 (B) The United States of America is fundamentally racist; 37 (C) An individual, by virtue of his or her race, is inherently or consciously racist or 38 oppressive toward individuals of other races; 39 (D) An individual should be discriminated against or receive adverse treatment solely 40 or partly because of his or her race; 41 (E) An individual's moral character is inherently determined by his or her race; 42 22 HB 1084/AP H. B. 1084 - 3 - (F) An individual, solely by virtue of his or her race, bears individual responsibility for 43 actions committed in the past by other individuals of the same race; 44 (G) An individual, solely by virtue of his or her race, should feel anguish, guilt, or any 45 other form of psychological distress; 46 (H) Performance-based advancement or the recognition and appreciation of character 47 traits such as a hard work ethic are racist or have been advocated for by individuals of 48 a particular race to oppress individuals of another race; or 49 (I) Any other form of race scapegoating or race stereotyping. 50 (2) 'Espousing personal political beliefs' means an individual, while performing official 51 duties as part of his or her employment or engagement with a school or local school 52 system, intentionally encouraging or attempting to persuade or indoctrinate a student, 53 school community member, or other school personnel to agree with or advocate for such 54 individual's personal beliefs concerning divisive concepts. 55 (3) 'Race scapegoating' means assigning fault or blame to a race, or to an individual of 56 a particular race because of his or her race. Such term includes, but is not limited to, any 57 claim that an individual of a particular race, consciously and by virtue of his or her race, 58 is inherently racist or is inherently inclined to oppress individuals of other races. 59 (4) 'Race stereotyping' means ascribing character traits, values, moral or ethical codes, 60 status, or beliefs to an individual because of his or her race. 61 (b) Each local board of education, local school superintendent, and the governing body of 62 each charter school shall prohibit employees from discriminating against students and other 63 employees based on race. 64 (c)(1) Each local board of education, local school superintendent, and the governing 65 body of each charter school shall ensure that curricula and training programs encourage 66 employees and students to practice tolerance and mutual respect and to refrain from 67 judging others based on race. 68 22 HB 1084/AP H. B. 1084 - 4 - (2) Each school and local school system may provide curricula or training programs that 69 foster learning and workplace environments where all students, employees, and school 70 community members are respected; provided, however, that any curriculum, classroom 71 instruction, or mandatory training program, whether delivered or facilitated by school 72 personnel or a third party engaged by a school or local school system, shall not advocate 73 for divisive concepts. 74 (d) Nothing in this Code section shall be construed or applied to: 75 (1) Inhibit or violate the rights protected by the Constitutions of Georgia and the United 76 States of America or undermine intellectual freedom and free expression; 77 (2) Infringe upon the intellectual vitality of students and employees of local boards of 78 education, local school systems, or other schools; 79 (3) Prohibit a local board of education, local school system, or other school from 80 promoting concepts such as tolerance, mutual respect, cultural sensitivity, or cultural 81 competency; provided, however, that such efforts do not conflict with the requirements 82 of this Code section and other applicable laws; 83 (4) Prohibit a school administrator, teacher, other school personnel, or an individual 84 facilitating a training program from responding in a professionally and academically 85 appropriate manner and without espousing personal political beliefs to questions 86 regarding specific divisive concepts raised by students, school community members, or 87 participants in a training program; 88 (5) Prohibit the discussion of divisive concepts, as part of a larger course of instruction, 89 in a professionally and academically appropriate manner and without espousing personal 90 political beliefs; 91 (6) Prohibit the full and rigorous implementation of curricula, or elements of a 92 curriculum, that are required as part of advanced placement, international baccalaureate, 93 or dual enrollment coursework; provided, however, that such implementation is done in 94 22 HB 1084/AP H. B. 1084 - 5 - a professionally and academically appropriate manner and without espousing personal 95 political beliefs; 96 (7) Prohibit the use of curricula that addresses the topics of slavery, racial oppression, 97 racial segregation, or racial discrimination, including topics relating to the enactment and 98 enforcement of laws resulting in racial oppression, segregation, and discrimination in a 99 professionally and academically appropriate manner and without espousing personal 100 political beliefs; 101 (8) Create any right or benefit, substantive or procedural, enforceable at law or in equity, 102 by any party against a local board of education, local school system, or other school, or 103 the departments, agencies, entities, officers, employees, agents, or any other personnel 104 affiliated with such local board of education, local school system, or other school; or 105 (9) Prohibit a state or federal court or agency of competent jurisdiction from ordering 106 training or other remedial action that discusses divisive concepts due to a finding of 107 discrimination, including discrimination based on race. 108 (e)(1) No later than August 1, 2022, each local board of education and the governing 109 body of each charter school shall adopt a complaint resolution policy to address 110 complaints alleging violations of any provision of subsections (b) through (d) of this 111 Code section. The complaint resolution policy shall provide that: 112 (A) A school or local school system shall not be required to respond to a complaint 113 made pursuant to this subsection unless it is made by: 114 (i) The parent of a student enrolled at the school where the alleged violation 115 occurred; 116 (ii) A student who has reached the age of majority or is a lawfully emancipated minor 117 and who is enrolled at the school where the alleged violation occurred; or 118 (iii) An individual employed as a school administrator, teacher, or other school 119 personnel at the school where the alleged violation occurred; 120 22 HB 1084/AP H. B. 1084 - 6 - (B) The complaint shall first be submitted in writing to the principal of the school 121 where the alleged violation occurred; 122 (C) The complaint shall provide a reasonably detailed description of the alleged 123 violation; 124 (D)(i) Within five school days of receiving such written complaint, the school 125 principal or a designee of the charter school or local school system shall review the 126 complaint and take reasonable steps to investigate the allegations in the complaint; 127 (ii) Within ten school days of receiving the complaint, unless another schedule is 128 mutually agreed to by the complainant and the school principal or the designee of the 129 charter school or local school system, the school principal or such designee shall 130 confer with the complainant and inform the complainant whether a violation occurred, 131 in whole or in part, and, if such a violation was found to have occurred, what remedial 132 steps have been or will be taken; provided, however, that the confidentiality of student 133 or personnel information shall not be violated; and 134 (iii) Following such conference, within three school days of a request by the 135 complainant, the school principal or the designee of the charter school or local school 136 system shall provide to the complainant a written summary of the findings of the 137 investigation and a statement of remedial measures, if any; provided, however, that 138 such written response shall not disclose any confidential student or personnel 139 information; 140 (E) The determinations provided for in subparagraph (D) of this paragraph shall be 141 reviewed by the governing body of a state charter school or the local school 142 superintendent or his or her designee, as applicable, within ten school days of receiving 143 a written request for such review by the complainant addressed to the governing body 144 of a state charter school or the local school superintendent, as applicable; provided, 145 however, that confidential student or personnel matters shall not be subject to review 146 pursuant to this subparagraph; and 147 22 HB 1084/AP H. B. 1084 - 7 - (F)(i) The local school superintendent's decision following the review provided for 148 in subparagraph (E) of this paragraph shall be subject to review by the local board of 149 education as provided in Code Section 20-2-1160; provided, however, that 150 confidential student or personnel matters shall not be subject to review pursuant to 151 this division; and 152 (ii) The decision of the governing body of a state charter school following the review 153 provided for in subparagraph (E) of this paragraph shall be subject to review by the 154 State Charter Schools Commission, whereupon the State Charter Schools Commission 155 shall take appropriate remedial measures, including, but not limited to, revocation of 156 a state charter school's charter; provided, however, that confidential student or 157 personnel matters shall not be subject to review pursuant to this division. 158 (2) Following a decision by a local board of education regarding a complaint made 159 pursuant to paragraph (1) of this subsection, any party aggrieved by the decision of the 160 local board of education shall have the right to appeal such decision to the State Board 161 of Education for a hearing as provided in Code Section 20-2-1160. 162 (3) The State Board of Education shall, after hearing an appeal brought pursuant to 163 paragraph (2) of this subsection, make written findings regarding whether any violations 164 of any provision of subsections (b) through (d) of this Code section occurred at a school 165 in such school system. If the State Board of Education finds that one or more such 166 violations occurred, it shall direct the Department of Education to develop a corrective 167 action plan to be provided to the local school system within ten days of such finding, and 168 the local school system shall have 30 days to implement the corrective action plan. If the 169 State Board of Education finds that such local school system has not implemented the 170 corrective action plan: 171 (A)(i) In cases where the local school system at issue has been granted one or more 172 waivers as provided in Article 4 of Chapter 2 of this title, Code Section 20-2-244, or 173 Code Section 20-2-2065, the State Board of Education shall order the immediate 174 22 HB 1084/AP H. B. 1084 - 8 - suspension of one or more waivers included in the local school system's contract with 175 the State Board of Education providing for such waivers; 176 (ii) The State Board of Education shall exercise discretion in determining which 177 waivers shall be subject to such order of suspension and shall, as may be reasonable 178 and practicable, narrowly tailor such order to address specific violations of provisions 179 of subsections (b) through (d) of this Code section; and 180 (iii) An order suspending a local school system's waivers pursuant to division (i) of 181 this subparagraph shall be in effect for no less than 12 months from the date of such 182 order and, if the remainder of the current term of such local school system's contract 183 with the State Board of Education providing for waivers is greater than 12 months, 184 then no longer than such remainder; and 185 (B) In cases where the local school system at issue has not been granted a waiver as 186 provided in Article 4 of Chapter 2 of this title, Code Section 20-2-244, or Code 187 Section 20-2-2065, the State Board of Education shall refer the matter to the State 188 School Superintendent to determine whether to exercise his or her suspension authority 189 as provided in Code Section 20-2-34. 190 (4) No later than July 1, 2022, the State Board of Education shall promulgate a model 191 policy to assist schools and local school systems with establishing a complaint resolution 192 process that meets the requirements of paragraph (1) of this subsection. The Department 193 of Education shall develop guidance for schools and local school systems for use when 194 determining whether violations of subsections (b) through (d) of this Code section have 195 occurred. The Department of Education shall be authorized to revise such guidance from 196 time to time. 197 (5) Nothing in this subsection shall be construed to prohibit any cause of action available 198 at law or in equity to a complainant who is aggrieved by a decision of a local board of 199 education, the governing body of a charter school, or the State Charter Schools 200 Commission made pursuant to subparagraph (F) of paragraph (1) of this subsection. 201 22 HB 1084/AP H. B. 1084 - 9 - (f)(1) Any individual described in divisions (e)(1)(A)(i) through (iii) of this Code section 202 shall have the right at any time, including prior to filing a complaint as provided in 203 subsection (e) of this Code section, to request, in writing, from the local school 204 superintendent or school principal nonconfidential records which he or she reasonably 205 believes may substantiate a complaint under this Code section. The local school 206 superintendent or school principal shall produce such records for inspection within a 207 reasonable amount of time not to exceed three business days of receipt of a request. In 208 those instances where some, but not all, of the records requested are available for 209 inspection within three business days, the local school superintendent or school principal 210 shall make available within that period such records that are available for inspection. In 211 any instance where some or all of such records are unavailable within three business days 212 of receipt of the request, and such information exists, the local school superintendent or 213 school principal shall, within such time period, provide the requester with a description 214 of such records and a timeline for when the records will be available for inspection and 215 shall provide the records or access thereto as soon as practicable but in no case later 216 than 30 days after receipt of the request. 217 (2) If the local school superintendent or school principal denies a parent's request for 218 records or does not provide existing responsive records within 30 days, the parent may 219 appeal such denial or failure to respond to the local board of education or charter school 220 governing board. The local board of education or charter school governing board must 221 place such appeal on the agenda for its next public meeting. If it is too late for such 222 appeal to appear on the next meeting's agenda, the appeal must be included on the agenda 223 for the subsequent meeting. 224 (3) Nothing in this subsection shall be construed to prohibit any cause of action available 225 at law or in equity to a parent who is aggrieved by a decision of a local board of 226 education or the governing body of a charter school made pursuant to paragraph (2) of 227 this subsection. 228 22 HB 1084/AP H. B. 1084 - 10 - (g) This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for 229 a strategic waivers school system; Code Section 20-2-244 for a local board of education; 230 Code Section 20-2-2063.2 for a charter system; or Code Section 20-2-2065 for a charter 231 school established pursuant to Article 31 or Article 31A of this chapter, a charter system, 232 or schools within a charter system." 233 SECTION 1-3. 234 Said title is further amended in Subpart 1 of Part 6 of Article 6 of Chapter 2, relating to 235 certificated professional personnel in elementary and secondary education, by revising 236 subsection (a) and paragraph (1) of subsection (b) of Code Section 20-2-200, relating to 237 regulation of certificated professional personnel by Professional Standards Commission, 238 rules and regulations, and fees, as follows: 239 "(a) The Professional Standards Commission shall provide, by regulation, for certifying 240 and classifying all certificated professional personnel employed in the public schools of 241 this state, including personnel who provide virtual instruction to public schools of this state, 242 whether such personnel are located within or outside of this state or whether such personnel 243 are employed by a local unit of administration. Such certification and classification shall 244 not be dependent in whole or in part upon an individual participating in or completing any 245 training program in which divisive concepts, as such term is defined in Code 246 Section 20-1-11, are advocated for. No such personnel shall be employed in the public 247 schools of this state unless they hold certificates issued by the commission certifying their 248 qualifications and classification in accordance with such regulations. The commission 249 shall establish such number of classifications of other certificated professional personnel 250 as it may find reasonably necessary or desirable for the operation of the public schools; 251 provided, however, that such classifications shall be based only upon academic, technical, 252 and professional training, experience, and competency of such personnel. The commission 253 is authorized to provide for denying a certificate to an applicant, suspending or revoking 254 22 HB 1084/AP H. B. 1084 - 11 - a certificate, or otherwise disciplining the holder of a certificate for good cause after an 255 investigation is held and notice and an opportunity for a hearing are provided the certificate 256 holder or applicant in accordance with subsection (d) of Code Section 20-2-984.5. The 257 commission shall designate and define the various classifications of professional personnel 258 employed in the public schools of this state that shall be required to be certificated under 259 this Code section or under Code Section 20-2-206. Without limiting the generality of the 260 foregoing, the term 'certificated professional personnel' means all professional personnel 261 certificated by the commission and county or regional librarians. 262 (b)(1) The Professional Standards Commission shall establish rules and regulations for 263 appropriate requirements and procedures to ensure high-quality certification standards 264 for all Georgia educators while facilitating the interstate mobility of out-of-state certified 265 educators; provided, however, that such rules, regulations, requirements, and procedures 266 shall not require an individual to participate in or complete any training program in which 267 divisive concepts, as such term is defined in Code Section 20-1-11, are advocated for." 268 SECTION 1-4. 269 Said title is further amended in Subpart 1A of Part 2 of Article 16 of Chapter 2, relating to 270 improved student learning environment and discipline in elementary and secondary 271 education, by revising Code Section 20-2-739, relating to conflict management and 272 resolution and cultural diversity training programs, as follows: 273 "20-2-739. 274 On and after July 1, 2000, the Department of Education shall provide training programs in 275 conflict management and resolution and in cultural diversity for voluntary implementation 276 by local boards of education for school employees, parents and guardians, and students; 277 provided, however, that after July 1, 2022, such training programs shall not advocate for 278 divisive concepts, as such term is defined in Code Section 20-1-11." 279 22 HB 1084/AP H. B. 1084 - 12 - SECTION 1-5. 280 Said title is further amended in Part 10 of Article 17 of Chapter 2, relating to professional 281 standards in elementary and secondary education, by revising subsection (a) of Code 282 Section 20-2-984, relating to Professional Standards Commission — authority to create and 283 implement standards and procedures for certifying educational personnel, recommending 284 standards and procedures for certification, continuation of teaching certificates, and 285 restrictions, as follows: 286 "(a) The commission shall create and implement standards and procedures for certifying 287 educational personnel as qualified for a certificate to practice in the public schools of 288 Georgia,; provided, however, that such standards and procedures shall not require an 289 individual to participate in or complete any training program in which divisive concepts, 290 as such term is defined in Code Section 20-1-11, are advocated for; provided, further, that 291 such standards shall include including the following: 292 (1) Procedures for limiting the number and types of certificates to the fewest possible 293 consistent with providing qualified teachers for Georgia's schools; 294 (2) In-service training and related requirements needed to renew or maintain 295 certification; 296 (3) Multiple or alternative routes to professional teacher certification, including, but not 297 limited to, the alternative and nontraditional teacher certification programs provided for 298 in Code Section 20-2-206; and 299 (4) Requirements, including appropriate examinations and assessments, for acquiring and 300 maintaining certification pursuant to Code Section 20-2-200." 301 SECTION 1-6. 302 Said title is further amended in Part 10 of Article 17 of Chapter 2, relating to professional 303 standards in elementary and secondary education, by revising subsection (a) of Code 304 22 HB 1084/AP H. B. 1084 - 13 - Section 20-2-984.1, relating to Professional Standards Commission — adoption of standards 305 of performance and a code of ethics, as follows: 306 "(a) It shall be the duty of the commission, by regulation, to adopt standards of 307 performance and a code of ethics for educators. The standards of performance and code 308 of ethics shall represent standards of performance and conduct which are generally 309 accepted by educators of this state. In adopting regulations as provided in this Code 310 section, the commission shall seek the advice of educators of this state. The standards of 311 performance and code of ethics adopted by the commission shall be limited to professional 312 performance and professional ethics. The standards of performance and code of ethics 313 adopted by the commission shall not require an individual to participate in or complete any 314 training program in which divisive concepts, as such term is defined in Code 315 Section 20-1-11, are advocated for." 316 PART II 317 SECTION 2-1. 318 Said title 20 is further amended in Part 14 of Article 6 of Chapter 2, relating to other 319 educational programs under the Quality Basic Education Act, by adding a new subsection 320 to Code Section 20-2-316, relating to involvement of athletic associations in high school 321 athletics, to read as follows: 322 "(c)(1) No high school which receives funding under this article shall participate in, 323 sponsor, or provide coaching staff for interscholastic sports events which are conducted 324 under the authority of, conducted under the rules of, or scheduled by any athletic 325 association unless the athletic association complies with the provisions of this subsection 326 by having a charter, bylaws, and other governing documents which provide for 327 governance and operational oversight by an executive oversight committee as follows: 328 (A) The executive oversight committee shall comprise ten members as follows: 329 (i) One member to be appointed by the Governor; 330 22 HB 1084/AP H. B. 1084 - 14 - (ii) One member to be appointed by the Lieutenant Governor; 331 (iii) One member to be appointed by Speaker of the House of Representatives; 332 (iv) Two members to be appointed by the Georgia School Superintendents 333 Association, with one such member representing approximately one-half of the 334 athletic association's participating schools with classifications by the athletic 335 association based on lower student enrollment figures and the other such member 336 representing approximately one-half of the athletic association's participating schools 337 with classifications by the athletic association based on higher student enrollment 338 figures; 339 (v) One member to be appointed by the Georgia School Boards Association; 340 (vi) One member to be appointed by a state-wide association of high school athletic 341 coaches with a current membership of not less than 300 Georgia residents and which 342 is recognized by a majority of the executive oversight committee; 343 (vii) One member to be appointed by a state-wide association of high school athletic 344 officials, referees, and umpires with a current membership of not less than 300 345 Georgia residents and which is recognized by a majority of the executive oversight 346 committee; and 347 (viii) Two members to be appointed by the governing body of the athletic 348 association, with one such member representing approximately one-half of the athletic 349 association's participating schools with classifications by the athletic association 350 based on lower student enrollment figures and the other such member representing 351 approximately one-half of the athletic association's participating schools with 352 classifications by the athletic association based on higher student enrollment figures; 353 (B) A quorum of the executive oversight committee shall consist of 6 members; 354 (C) The executive oversight committee shall elect a chairperson and vice chairperson 355 from among its members; 356 22 HB 1084/AP H. B. 1084 - 15 - (D) Members of the executive oversight committee shall serve terms of three years and 357 are eligible to succeed themselves only once. The athletic association's bylaws shall 358 establish a rotation of terms to ensure that a majority of the members' terms do not 359 expire concurrently. The athletic association's bylaws shall provide for successors to 360 such members who vacate office for any reason; 361 (E) The authority and duties of the executive oversight committee shall include: 362 (i) To meet in person or remotely not less than twice each school year; 363 (ii) To meet in person or remotely upon the call of the chairperson or a majority of 364 the executive oversight committee; 365 (iii) To establish policies and procedures for the executive oversight committee; 366 (iv) To conduct any independent audit, review, or investigation the executive 367 oversight committee deems necessary, including, but not limited to, the audit, review, 368 or investigation of the classifications of participating schools and travel-related issues 369 of participating schools; 370 (v) If the athletic association determines that it is necessary and appropriate to 371 prohibit students whose gender is male from participating in athletic events that are 372 designated for students whose gender is female, then the athletic association may 373 adopt a policy to that effect; provided, however, that such policy shall be applied to 374 all of the athletic association's participating public high schools; and 375 (vi) To conduct an annual evaluation of the athletic association as a whole and 376 present a report of its findings, recommendations, and conclusions to the General 377 Assembly's High School Athletics Overview Committee; and 378 (F) Travel and other expenses actually incurred by the executive oversight committee, 379 or any member thereof in the performance of his or her duties, shall be reimbursed by 380 the athletic association. 381 (2) Any high school that participates in, sponsors, or provides coaching staff for 382 interscholastic sports events which are conducted under the authority of, conducted under 383 22 HB 1084/AP H. B. 1084 - 16 - the rules of, or scheduled by any athletic association that does not comply with the 384 provisions of this Code section shall forfeit its allotted funding provided for under this 385 article." 386 PART III 387 SECTION 3-1. 388 All laws and parts of laws in conflict with this Act are repealed. 389