Text of GA HB 338 (2024)

23 LC 49 1170 H. B. 338 - 1 - House Bill 338 By: Representatives Erwin of the 32nd, Jones of the 47th, Dubnik of the 29th, Mathiak of the 74th, Smith of the 70th, and others A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 1 "Quality Basic Education Act," so as to provide for the inclusion of methods for the 2 promotion of the safe and appropriate use of technology and responsible digital citizenship 3 in the comprehensive character education program; to revise requirements for internet safety 4 polices in public schools; to revise existing definitions and provide for new definitions; to 5 require local boards of education and governing bodies of charter schools to annually submit 6 acceptable-use policies and technology protection measures for review by the State Board 7 of Education; to provide for compliance standards and specifications for technology 8 protection measures to be used in public schools; to provide for inclusion of parental 9 measures and controls in such technology protection measures; to provide for the 10 identification and prioritization of providers of technology protection measures which meet 11 or exceed such standards and specifications; to provide for the Department of Education to 12 provide guidance and develop training programs to assist public schools; to provide for a 13 pilot program; to provide for the withholding of state funds allotted for public schools that 14 have not provided for adequate technology protection measures; to prohibit certain waivers; 15 to repeal a provision regarding applicability; to provide for implementation; to provide for 16 a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. 17 23 LC 49 1170 H. B. 338 - 2 - BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 18 SECTION 1. 19 This Act shall be known and may be cited as the "Student Technology Protection Act." 20 SECTION 2. 21 Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality 22 Basic Education Act," is amended in Part 2, relating to competencies and core curriculum, 23 by revising Code Section 20-2-145, relating to the comprehensive character education 24 program, as follows: 25 "20-2-145. 26 (a) The State Board of Education shall develop by the start of the 1997-1998 school year 27 a comprehensive character education program for levels K-12. This comprehensive 28 character education program shall be known as the 'character curriculum' and shall focus 29 on the students' development of the following character traits: courage, patriotism, 30 citizenship, honesty, fairness, respect for others, kindness, cooperation, self-respect, 31 self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality, 32 cleanliness, cheerfulness, school pride, respect for the environment, respect for the creator, 33 patience, creativity, sportsmanship, loyalty, perseverance, and virtue. Such program shall 34 also address, by the start of the 1999-2000 2023-2024 school year, methods of discouraging 35 bullying and violent acts against fellow students and methods of promoting the safe and 36 appropriate use of technology and responsible digital citizenship. Local boards shall 37 implement such a program in all grade levels at the beginning of the 2000-2001 2023-2024 38 school year and shall provide opportunities for parental involvement in establishing 39 expected outcomes of the character education program. 40 (b) The Department of Education shall develop character education program workshops 41 designed for employees of local school systems." 42 23 LC 49 1170 H. B. 338 - 3 - SECTION 3. 43 Said article is further amended in Part 15, relating to miscellaneous provisions under the 44 "Quality Basic Education Act," by revising Code Section 20-2-324, relating to internet safety 45 policies in public schools, as follows: 46 "20-2-324. 47 (a) As used in this Code section, the term: 48 (1) 'Acceptable-use policy' means a policy for Internet usage internet use adopted by a 49 local board of education or appropriate school governing body that meets the 50 requirements of this Code section. 51 (2) 'Child pornography' means any visual depiction, including any live performance, 52 photograph, film, video, picture, or computer or computer generated image or picture, 53 whether made or produced by electronic, mechanical, or other means, of sexually explicit 54 conduct, as such term is defined in Code Section 16-12-100, when: 55 (A) The production of the visual depiction involves a minor engaging in sexually 56 explicit conduct; 57 (B) The visual depiction is of a minor engaging in sexually explicit conduct; or 58 (C) The visual depiction has been created, adapted, or modified to appear that an 59 identifiable minor is engaging in sexually explicit conduct. computer depiction or other 60 material depicting a child under the age of 18 years engaging in sexually explicit 61 conduct or in the simulation of such conduct. 62 (3) 'Harmful to minors' has the meaning given to such term in Code Section 16-12-100.1 63 means that quality of description or representation, in whatever form, of nudity, sexual 64 conduct, sexual excitement, or sadomasochistic abuse, when: 65 (A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid 66 interest of minors; 67 (B) It is patently offensive to prevailing standards in the adult community as a whole 68 with respect to what is suitable material for minors; and 69 23 LC 49 1170 H. B. 338 - 4 - (C) Taken as a whole, is lacking in serious literary, artistic, political, or scientific value 70 for minors. 71 (4) 'Identifiable minor' means a person: 72 (A)(i) Who was a minor at the time the visual depiction was created, adapted, or 73 modified; or 74 (ii) Whose image as a minor was used in creating, adapting, or modifying the visual 75 depiction; and 76 (B) Who is recognizable as an actual person by such person's face, likeness, or other 77 distinguishing physical characteristic or other recognizable physical feature. 78 (4)(5) 'Internet' means a global network that connects computers via telephone lines, 79 fiber networks, or both to electronic information the global information system that is 80 logically linked together by a globally unique address space based on the Internet 81 Protocol or its subsequent extensions; that is able to support encrypted and unencrypted 82 communications using the Transmission Control Protocol/Internet Protocol suite, its 83 subsequent extensions, or other Internet Protocol compatible protocols; and that provides, 84 uses, or makes accessible, either publicly or privately, high level services layered on the 85 communications and related infrastructure described in this paragraph. 86 (5) 'Obscene' has the meaning given to such term in Code Section 16-12-80. 87 (6) 'Obscene material' means material which meets the following requirements: 88 (A) To the average person, applying contemporary community standards, taken as a 89 whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid 90 interest in nudity, sex, or excretion; 91 (B) The material taken as a whole lacks serious literary, artistic, political, or scientific 92 value; and 93 (C) The material depicts or describes, in a patently offensive way, sexual conduct as 94 follows: 95 23 LC 49 1170 H. B. 338 - 5 - (i) Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, 96 actual or simulated; 97 (ii) Acts of masturbation; 98 (iii) Acts involving excretory functions or lewd exhibition of the genitals; 99 (iv) Acts of bestiality or the fondling of sex organs of animals; or 100 (v) Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic 101 sexual relationship. 102 (6) 'Sexually explicit conduct' has the meaning given to such term in Code 103 Section 16-12-100. 104 (7) 'Technology protection measure' means a technology that inspects and analyzes 105 encrypted and unencrypted internet traffic for malware and that blocks or filters 106 electronic access to obscene materials, child pornography, or material that is harmful to 107 minors. 108 (b)(1) No later than January 1, 2007 October 1, 2023, each local board of education and 109 appropriate school governing body shall adopt an acceptable-use policy for its school 110 system. At a minimum, an acceptable-use policy shall contain provisions which are 111 reasonably designed to: 112 (1)(A) Prevent and prohibit students and employees of the school system from using 113 any computer or computer networking equipment, technology or technology related 114 service, and or communication services system or service operated, owned, or leased 115 by the school or local school system from being used for accessing, sending, receiving, 116 viewing, or downloading visual depictions of obscenity obscene materials, child 117 pornography, or material that is harmful to minors; 118 (2)(B) Establish appropriate measures to be taken by the school or local school system 119 in response to: 120 (i) Students against students and school employees who willfully intentionally violate 121 the acceptable-use policy, whether or not such student or school employee was, at the 122 23 LC 49 1170 H. B. 338 - 6 - time of such violation, on school property, on a school bus or other school vehicle, at 123 a school related function, or elsewhere; provided, however, that such measures shall 124 include disciplinary measures; and 125 (ii) Any person who is not a student or school employee who violates the 126 acceptable-use policy, whether or not such person was, at the time of such violation, 127 on school property, on a school bus or other school vehicle, at a school related 128 function, or elsewhere; 129 (C) Provide for administrative procedures to enforce the acceptable-use policy; 130 (D) Provide for administrative procedures to address complaints regarding possible 131 violations of the acceptable-use policy which, at a minimum, require that each 132 complaint is responded to in writing by an appropriate school or local school system 133 official; and 134 (3)(E) Provide for expedited review and resolution of a claim that the application of 135 the acceptable-use policy is denying a student or school employee access to material 136 that is not within the prohibition prohibitions of the acceptable-use policy. 137 (2) The acceptable-use policy provided for in paragraph (1) of this subsection may 138 include terms, conditions, and requirements deemed appropriate by the local board of 139 education or appropriate school governing body to differentiate acceptable uses among 140 elementary, middle, and high school students and among different age groups; provided, 141 however, that the rationale for each method of differentiation such board or governing 142 body chooses to include in its acceptable-use policy shall be articulated in the policy. 143 (3) Each local board of education and appropriate school governing body shall provide 144 reasonable opportunities and procedures for a parent or guardian of current students to 145 confer and collaborate with school administrators and teachers regarding appropriate 146 internet access for their students. 147 (c) A Each local board of education, appropriate school governing body, and local school 148 superintendent shall take such steps as it deems appropriate as are necessary and 149 23 LC 49 1170 H. B. 338 - 7 - appropriate to implement and enforce the acceptable-use policy, which shall include, but 150 shall not be limited to:, providing for the adoption, use, and routine upgrading of 151 technology protection measures which meet or exceed compliance standards and 152 specifications established by the department. 153 (1) Use of software programs reasonably designed to block access to visual depictions 154 of obscenity, child pornography, and material that is harmful to minors; or 155 (2) Selection of online servers that block access to visual depictions of obscenity, child 156 pornography, and material that is harmful to minors. 157 (d) Each school and local school system shall provide, upon written request of a parent or 158 guardian, a copy of the acceptable-use policy adopted pursuant to subsection (b) of this 159 Code section and information regarding the administrative procedures in effect to enforce 160 such acceptable-use policy and to address complaints about such enforcement. 161 (e)(1)(A) By April 1 of each year, the department shall establish compliance standards 162 and specifications for technology protection measures to be used by schools and local 163 school systems. To the extent practicable, such compliance standards and 164 specifications for technology protection measures shall include measures and controls 165 for a parent or guardian of current students to supervise and manage appropriate 166 internet access by their students who are using a school issued device while not on 167 school property, a school bus or other school vehicle, or not at a school related function. 168 In addition to establishing such compliance standards and specifications, the department 169 shall recommend technology protection measures to be installed by schools and local 170 school systems on each computer or other electronic device issued to students for 171 off-campus use. 172 (B) The department is authorized, in collaboration with the Department of 173 Administrative Services, to identify a nonexclusive list of providers of technology 174 protection measures that meet or exceed such standards and specifications; provided, 175 however, that the department shall no less than annually require each such provider to 176 23 LC 49 1170 H. B. 338 - 8 - verify that the technology protection measures it provides meet or exceed such 177 standards and specifications. The department is authorized to provide information to 178 schools and local school systems regarding state contracts with such providers of 179 technology protection measures. The department shall prioritize the identification of 180 providers of technology protection measures that include parental measures and 181 controls as provided for in subparagraph (A) of this paragraph. 182 (2)(A) The department shall provide guidance and technical assistance to assist schools 183 and local school systems in complying with the requirements of this Code section. 184 (B) No later than December 1, 2023, the department shall develop guidelines for the 185 training of school personnel. The training guidelines shall include instruction in: 186 (i) Implementing and complying with acceptable-use policies required by this Code 187 section; 188 (ii) Basic cyber security issues pertinent to schools, students, and educators, 189 including, but not limited to, phishing and multifactor authentication; and 190 (iii) Other current and emerging issues and topics which address the safe and secure 191 use of technology by students and educators. 192 (3) The department is authorized to establish a pilot program consisting of a 193 representative sample of schools and school systems to study whether the use of 194 advanced technologies capable of reliably monitoring and detecting children at potential 195 risk of harming themselves or others based on their internet use pattens is effective at 196 reducing rates of youth suicide and violence; provided; however, that such study is 197 limited to internet use on school issued devices. 198 The Attorney General and the department shall consult with and assist any local board 199 of education in the development and implementation of an acceptable-use policy pursuant 200 to this Code section. 201 (f)(1) No later than January 31, 2007, Beginning with the 2023-2024 school year and 202 each school year thereafter, by October 1 each local board of education and appropriate 203 23 LC 49 1170 H. B. 338 - 9 - school governing body shall submit a copy of the acceptable-use policy adopted pursuant 204 to subsection (b) of this Code section to the State Board of Education. Such submission 205 shall also include the identification of any software program or online server the 206 technology protection measures that is are being utilized used to block access to material 207 in accordance with subsection (c) of this Code section. 208 (2) The State Board of Education shall review each acceptable-use policy and technology 209 protection measure and any subsequent revisions submitted pursuant to paragraph (3) of 210 this subsection. If the state board determines after review that a policy, technology 211 protection measure, or revision is not reasonably designed to achieve the requirements 212 of this Code section, the state board shall provide written notice to the local board of 213 education or appropriate school governing body explaining the nature of such 214 noncompliance, and the local board of education or appropriate school governing body 215 shall have 30 days from the receipt of written notice to correct such noncompliance. The 216 state board may provide an extension to the 30 day period on a showing of good cause. 217 (3) No revision of an acceptable-use policy submission which has been approved by the 218 state board pursuant to paragraph (2) of this subsection shall be implemented until such 219 revision is approved by the state board. If the state board fails to disapprove the revision 220 within 60 days after the submission is received, the local board of education or 221 appropriate school governing body may proceed with the implementation of the revision. 222 (4) The state board shall be authorized to withhold a portion of the state funding 223 allotment for a school or to a local school system if the local board of education that: 224 (A) Fails to timely submit an acceptable-use policy or technology protection measure 225 in accordance with paragraph (1) of this subsection; 226 (B) Submits an acceptable-use policy that is not reasonably designed to achieve the 227 requirements of this Code section; or 228 (C) Is not enforcing or is substantially disregarding its acceptable-use policy.; 229 23 LC 49 1170 H. B. 338 - 10 - (D) Is using technology protection measures which do not meet or exceed standards 230 and specifications established by the department to block access to material in 231 accordance with subsection (c) of this Code section; or 232 (E) Is not using any technology protection measures to block access to material in 233 accordance with subsection (c) of this Code section. 234 (5) If the state board disapproves an acceptable-use policy of a local board of education 235 or any revision thereof or notifies the a local board of education or appropriate school 236 governing body that it is subject to the withholding of funding pursuant to paragraph (4) 237 of this subsection, the local board of education or appropriate school governing body may 238 appeal the decision to the superior court of the county where the local board of education 239 such board or governing body is situated. 240 (g)(1) The state board shall be responsible for conducting investigations and making 241 written determinations as to whether a local board of education or governing body of a 242 charter school has violated the requirements of this Code section. 243 (2) If the state board determines that a local board of education or appropriate school 244 governing body is in violation of the requirements of this Code section, it shall direct the 245 local board of education such board or governing body to acknowledge and correct the 246 violation within 30 days and to develop a corrective plan for preventing future 247 recurrences. 248 (h)(1) Notwithstanding any other provision of this Code section to the contrary, an 249 administrator or supervisor of a school or local school system, or designee thereof, may 250 disable the software program or online server that is being utilized technology protection 251 measure that is being used to block access to material or take other reasonable steps for 252 an adult or for a minor who provides written consent from his or her parent or guardian 253 to enable access to the Internet internet for bona fide research or other lawful purpose. 254 (2) Nothing in paragraph (1) of this subsection shall be construed to permit any person 255 to have access to material the character of which is illegal under federal or state law. 256 23 LC 49 1170 H. B. 338 - 11 - (i) This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for 257 a strategic waivers school system, Code Section 20-2-244 for a local board of education, 258 Code Section 20-2-2063.2 for a charter system, or Code Section 20-2-2065 for a charter 259 school established pursuant to Article 31 or Article 31A of this chapter, a charter system, 260 or schools within a charter system, or any state special school. A local board of education 261 which is fulfilling the requirements of the federal Children's Internet Protection Act, P.L. 262 106-554, is not required to comply with this Code section." 263 SECTION 4. 264 All laws and parts of laws in conflict with this Act are repealed. 265