Text of GA SB 248 (2025)

25 LC 49 2229 Senate Bill 248 By: Senators Dixon of the 45th, Anavitarte of the 31st, Harbin of the 16th, Payne of the 54th and Hickman of the 4th A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to 1 establish and provide for the Georgia Council on Library Materials Standards; to provide for 2 definitions, including definitions for the terms "harmful to minors," "restricted materials," 3 and "sexually explicit materials"; to require the Georgia Council on Library Materials 4 Standards to establish standards for the designation of restricted materials by local boards of 5 education, standards for the use and restriction of instructional materials, and standards for 6 the use and restriction of public school library collection materials; to require the Georgia 7 Council on Library Materials Standards to annually update such standards; to require the 8 Department of Education to provide technical support to local boards of education for 9 implementing such standards; to require local boards of education to adopt and annually 10 update policies and procedures that comply with such standards; to provide for certain 11 instructional materials to include ratings which indicate whether any portion of such material 12 includes sexually explicit material; to prohibit local boards of education from acquiring 13 instructional materials from vendors who do not provide such ratings and other required 14 information; to require local boards of education to periodically publish lists of instructional 15 materials that include sexually explicit materials; to require periodic review of restricted 16 materials in public school library collection materials and determination of what restricted 17 materials should be retained; to require local boards of education to periodically provide to 18 S. B. 248 - 1 - 25 LC 49 2229 the Department of Education a list of restricted materials included in its school library 19 collection materials; to require the Department of Education to publish such lists; to provide 20 that existing complaint resolution policies for materials that are harmful to minors shall 21 apply, subject to an embargo provision; to revise and expand the definition of "harmful to 22 minors" regarding the complaint resolution policy for materials that are harmful to minors; 23 to prohibit sex education for public school students in this state before sixth grade; to prohibit 24 instruction or discussion of inappropriate sex based topics; to require revocable written 25 consent from parents or guardians of students before any sex education is provided; to 26 require governing bodies of public schools and local school systems to afford parents and 27 guardians of all students and the public opportunity to review and to provide comment on 28 proposed sex education curricula before approval by such body; to require the State Board 29 of Education to approve age- and grade-appropriate content standards for sex education 30 curricula; to provide for definitions; to provide for construction; to revise the "Parents Bill 31 of Rights" to provide for parents to revocably opt-in to sex education for their children; to 32 prohibit instruction and informal communication with an emphasis on sexual orientation or 33 gender identity for public school students in kindergarten through grade three under any 34 circumstances and for public school students in grades four through 12 with limited 35 exceptions; to provide for such exceptions; to require annual notification to parents of the 36 health services offered at their children's public schools; to provide for procedures for parents 37 to decline or withhold consent for health services to be provided to their children; to provide 38 for parental rights to access student education and health records; to provide for limitations 39 on the administration of well-being questionnaires or health screening forms to students in 40 kindergarten through grade three; to prohibit, either through policy or practice, public schools 41 and school personnel from discouraging or prohibiting parental notification of and 42 involvement in critical decisions affecting a student's mental, emotional, or physical health 43 or well-being; to require public schools to adopt policies and procedures for notifying parents 44 of changes to student support services, to student monitoring, to the school's ability to 45 S. B. 248 - 2 - 25 LC 49 2229 provide a safe and supportive learning environment for a student, or to a student's observed 46 mental, emotional, or physical health or well-being; to provide for requirements for such 47 policies and procedures; to require public schools to adopt complaint resolution policies to 48 address complaints of violations of certain laws relating to prescribed instruction and to the 49 mental, emotional, or physical health or well-being of students; to provide for remedial 50 actions and sanctions; to provide for a model policy and guidance; to provide for statutory 51 construction; to prohibit certain waivers; to provide for definitions; to provide for short titles; 52 to provide for related matters; to provide for an effective date; to repeal conflicting laws; and 53 for other purposes. 54 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 55 PART I 56 SECTION 1-1. 57 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in 58 Chapter 1, relating to general provisions, by adding a new article to read as follows: 59 "ARTICLE 5 60 20-1-50. 61 This article shall be known and may be cited as the 'Clean Libraries Act.' 62 20-1-51. 63 As used in this article, the term 'council' means the Georgia Council on Library Materials 64 Standards established under this article. 65 S. B. 248 - 3 - 25 LC 49 2229 20-1-52. 66 (a) There is established the Georgia Council on Library Materials Standards for the 67 purpose of establishing standards for school library programs and services in any public 68 school operated by a local board of education, for instructional materials used in any public 69 school operated by a local board of education, and for the designation of restricted 70 materials by local boards of education. 71 (b) The council shall work in partnership with the State Board of Education and the 72 Department of Education to implement the requirements of Code Section 20-2-324.7. 73 20-1-53. 74 (a)(1) The council shall be composed of ten members as follows: 75 (A) Four members appointed by the Governor; 76 (B) Two members appointed by the Lieutenant Governor; 77 (C) Two members appointed by the Speaker of the House of Representatives; 78 (D) One member appointed by the leader of the House of Representatives minority 79 caucus; and 80 (E) One member appointed by the leader of the Senate minority caucus. 81 (2) No more than two members of the council shall be current or former employees of 82 the Department of Education or a local education agency, as such term is defined in Code 83 Section 20-2-167.1, and no more than three members shall have any current or former 84 contractual, legal, or other official affiliation with the Department of Education or a local 85 education agency. 86 (b) Each nonlegislative member of the council shall be appointed to serve until his or her 87 successor is duly appointed. Legislative members of the council shall serve until 88 completion of their current terms of office. Any member may be appointed to succeed 89 himself or herself on the council. If a member of the council is an elected or appointed 90 S. B. 248 - 4 - 25 LC 49 2229 official, such member, or his or her designee, shall be removed from the council if such 91 member no longer serves as such elected or appointed official. 92 (c) The council shall elect a chairperson from among its members and may elect other 93 officers as it deems necessary. The chairperson of the council may designate and appoint 94 committees from among the membership of the council as well as appoint other persons 95 to perform such functions as he or she may determine to be necessary as relevant to and 96 consistent with this article. The chairperson shall only vote to break a tie. 97 (d) The council shall be attached for administrative purposes only to the Department of 98 Education. The Department of Education shall provide staff support for the council and 99 shall hire an individual to serve as special advisor to the council who shall be responsible 100 for coordination of such staff support and for working in coordination with stakeholder 101 agencies and other interested parties. The Department of Education shall use any funds 102 specifically appropriated to support the work of the council for such purpose. 103 20-1-54. 104 (a) The council may conduct meetings at such places and times as it deems necessary or 105 convenient to enable it to fully and effectively exercise its powers, perform its duties, and 106 accomplish the objectives and purposes of this article; provided, however, that the council 107 shall meet not less than four times per year. The council shall hold meetings at the call of 108 the chairperson. 109 (b) A quorum for transacting business shall be a majority of the members of the council. 110 (c) Legislative members of the council shall receive the allowances provided for in Code 111 Section 28-1-8. Nonlegislative members of the council shall receive a daily expense 112 allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the 113 mileage or transportation allowance authorized for state employees. Members of the 114 council who are state officials, other than legislative members, or state employees shall 115 receive no compensation for their services on the council, but shall be reimbursed for 116 S. B. 248 - 5 - 25 LC 49 2229 expenses incurred by them in the performance of their duties as members of the council in 117 the same manner as they are reimbursed for expenses in their capacities as state officials 118 or state employees. The funds necessary for the reimbursement of the expenses of state 119 officials, other than legislative members, and state employees shall come from funds 120 appropriated to or otherwise available to their respective departments. All other funds 121 necessary to carry out the provisions of this article shall come from funds appropriated to 122 the Senate and the House of Representatives. 123 20-1-55. 124 The council shall be authorized to: 125 (1) Request and receive data from and review the records of appropriate state and local 126 agencies to the greatest extent allowed by state and federal law; 127 (2) Seek and accept public or private grants, devises, and bequests; 128 (3) Enter into contracts or agreements necessary or incidental to the performance of its 129 duties through the council's chairperson; 130 (4) Establish rules and procedures for conducting the business of the council; 131 (5) Conduct studies, hold public meetings, collect data, or take any other action the 132 council deems necessary to fulfill its responsibilities; and 133 (6) Retain the services of attorneys, consultants, subject matter experts, economists, 134 budget analysts, data analysts, statisticians, and other individuals or organizations as 135 deemed appropriate by the council. Such services may be obtained through a request for 136 proposal process conducted through the Office of Planning and Budget; provided, 137 however, that any final selection shall be approved by the council." 138 SECTION 1-2. 139 Said title is further amended in Part 15 of Article 6 of Chapter 2, relating to miscellaneous 140 provisions of the "Quality Basic Education Act," by revising subsection (a) of Code Section 141 S. B. 248 - 6 - 25 LC 49 2229 20-2-324.6, relating to complaint resolution policy for materials "harmful to minors," as 142 follows: 143 "(a) As used in this Code section, the term: 144 (1) 'Harmful 'harmful to minors' means: 145 (A) Means that quality of description or representation, in whatever form, of nudity, 146 sexual conduct, sexual excitement, or sadomasochistic abuse, when it: 147 (1)(i) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid 148 interest of minors; 149 (2)(ii) Is patently offensive to prevailing standards in the adult community as a whole 150 with respect to what is suitable material for minors; and 151 (3)(iii) Is, when taken as a whole, lacking in serious literary, artistic, political, or 152 scientific value for minors; and 153 (B) Includes 'sexually explicit material' excepting 'restricted material,' as such terms 154 are defined in Code Section 20-2-324.8. 155 (2) 'Written consent' means individual and specific consent tailored to each individual 156 requirement for consent from a student's parent or permanent guardian. Written consent 157 does not constitute blanket consent." 158 SECTION 1-3. 159 Said title is further amended in said part by adding a new Code section to read as follows: 160 "20-2-324.8. 161 (a) As used in this Code section, the term: 162 (1) 'Harmful to minors' shall have the same meaning as set forth in Code Section 163 20-2-324.6. 164 (2) 'Local board of education' means the local board of education of each local school 165 system or other public school governing body that receives state funding under this 166 article. 167 S. B. 248 - 7 - 25 LC 49 2229 (3) 'Primary instructional material' means instructional materials and content, as defined 168 by the State Board of Education pursuant to Code Section 20-2-1010, and locally 169 approved instructional materials and content, as defined in subsection (a) of Code Section 170 20-2-1017, in any medium, including physical, electronic, visual, and audible. 171 (4) 'Restricted material' means primary instructional material or school library collection 172 material that is so designated as provided in subsection (c) of this Code section 173 notwithstanding whether such material is or may be sexually explicit material. 174 (5) 'School library collection material' means any material in any medium, including 175 physical, electronic, visual, and audible, located within or accessible from a school library 176 that is available to a student or is made available to a student by school personnel. 177 (6) 'Sexually explicit material' means any primary instructional material, supplementary 178 instructional material, or school library collection material that describes, depicts, 179 renders, or portrays in any medium, including physical, electronic, visual, and audible, 180 sexually explicit conduct, as defined in Code Section 16-12-100, sadomasochistic abuse, 181 as defined in Code Section 16-12-102, sexual conduct, as defined in Code Section 182 16-12-102, or sexually explicit nudity, as defined in Code Section 16-12-102; provided, 183 however, that such term shall not include materials of great religious or historical 184 significance that do not describe, depict, render, or portray sexually explicit material in 185 a patently offensive way. 186 (7) 'Supplementary instructional material' means any materials other than primary 187 instructional materials in any medium, including physical, electronic, visual, and audible, 188 that are included, or are intended to be included, by a teacher or other school personnel 189 for use as part of a classroom discussion or other classroom activity or are recommended 190 by a teacher or other school personnel for review by one or more students. 191 (b)(1)(A) By December 1, 2025, each local board of education shall adopt policies and 192 procedures that comply with the standards established by the Georgia Council on 193 S. B. 248 - 8 - 25 LC 49 2229 Library Materials Standards as provided in subsections (c) through (e) of this Code 194 section. 195 (B) By August 1, 2026, and each year thereafter, each local board of education shall 196 adopt or update policies and procedures that comply with any updated standards 197 established by the Georgia Council on Library Materials Standards provided in 198 paragraph (2) of subsection (c), paragraph (3) of subsection (d), and paragraph (3) of 199 subsection (e) of this Code section. 200 (2) Beginning December 1, 2025, and continuing thereafter, no local board of education 201 shall permit restricted material to: 202 (A) Include material that is harmful to minors; 203 (B) Be accessible by or otherwise available or disseminated in any manner to any 204 student in or below grade six; or 205 (C) Be accessible by or otherwise available or disseminated in any manner to any 206 student in or above grade seven without written consent from such student's parent or 207 permanent guardian. 208 (c)(1) By August 1, 2025, the Georgia Council on Library Materials Standards, working 209 in partnership with the State Board of Education and the Department of Education, shall 210 establish standards for the designation of restricted material by local boards of education. 211 Such standards shall include, but shall not be limited to, the following provisions: 212 (A) Obscenity in any medium, including physical, electronic, visual, and audible, in 213 public school primary instructional materials, supplementary instructional materials, 214 and school library collection materials is not protected under the Georgia Constitution 215 or the First Amendment to the United States Constitution; 216 (B) Sexually explicit material shall only be designated as restricted material to the 217 extent necessary: 218 S. B. 248 - 9 - 25 LC 49 2229 (i) To provide adequate and grade-appropriate primary instructional materials to 219 satisfy standards established by the Georgia Council on Library Materials Standards; 220 or 221 (ii) For the full and rigorous implementation of curricula, or elements of a 222 curriculum, that are required as part of advanced placement, international 223 baccalaureate, or dual enrollment coursework; and 224 (C) Sexually explicit material that is designated as restricted material shall not: 225 (i) Include material that is harmful to minors; 226 (ii) Be accessible by or otherwise available or disseminated in any manner to any 227 student in or below grade six; and 228 (iii) Be accessible by or otherwise available or disseminated in any manner to any 229 student in or above grade seven without written consent from such student's parent or 230 permanent guardian. 231 (2) The standards provided for in paragraph (1) of this subsection shall be reviewed and 232 updated by June 1 each year by the Georgia Council on Library Materials Standards. 233 (3) The Department of Education shall provide technical assistance and develop and 234 promulgate model policies and procedures to aid public schools in implementing the 235 standards provided for in paragraph (1) of this subsection. 236 (d)(1) By August 1, 2025, the Georgia Council on Library Materials Standards, working 237 in partnership with the State Board of Education and the Department of Education, shall 238 establish standards for instructional materials used in any public school operated by a 239 local board of education. Such standards shall include, but shall not be limited to, the 240 following provisions: 241 (A) Obscenity in any medium, including physical, electronic, visual, and audible, in 242 public school primary or supplementary instructional materials is not protected under 243 the Georgia Constitution or the First Amendment to the United States Constitution; 244 S. B. 248 - 10 - 25 LC 49 2229 (B) Each public school is permitted to exclude materials that are pervasively vulgar or 245 educationally unsuitable from its primary and supplementary instructional materials; 246 (C) No public school shall possess, intentionally acquire, or disseminate in any manner 247 primary or supplementary instructional material that is: 248 (i) Harmful to minors; or 249 (ii) Sexually explicit material except to the extent that such material that is designated 250 as restricted material as provided in subsection (c) of this Code section; and 251 (D) Restricted materials that are included in instructional materials shall not: 252 (i) Include material that is harmful to minors; 253 (ii) Be accessible by or otherwise available or disseminated in any manner to any 254 student in or below grade six; and 255 (iii) Be accessible by or otherwise available or disseminated in any manner to any 256 student in or above grade seven without written consent from such student's parent or 257 permanent guardian. 258 (2) The standards provided for in paragraph (1) of this subsection shall apply to each 259 public school's acceptable-use policy required by Code Section 20-2-324 and any primary 260 or supplementary instructional materials made available or disseminated in any manner 261 by the public school to students via the internet or any internet connected device, 262 including, but not limited to, online learning programs, interactive learning programs, 263 digital books, and audiobooks. 264 (3) The standards provided for in paragraph (1) of this subsection shall be reviewed and 265 updated by June 1 each year by the Georgia Council on Library Materials Standards. 266 (4) The Department of Education shall provide technical assistance and develop and 267 promulgate model policies and procedures to aid public schools in implementing the 268 standards provided for in paragraph (1) of this subsection. 269 (e)(1) By August 1, 2025, the Georgia Council on Library Materials Standards, working 270 in partnership with the State Board of Education and the Department of Education and 271 S. B. 248 - 11 - 25 LC 49 2229 in consultation with the Georgia Public Library Service and the Georgia Archives, shall 272 establish standards for school library programs and services in any public school operated 273 by a local board of education. Such standards shall include, but shall not be limited to, 274 the following provisions: 275 (A) Obscenity in any medium, including physical, electronic, visual, and audible, in 276 public school libraries is not protected under the Georgia Constitution or the First 277 Amendment to the United States Constitution; 278 (B) Each public school is permitted to exclude materials that pervasively vulgar or 279 educationally unsuitable from its school library collection materials; 280 (C) No public school library shall possess, intentionally acquire, or disseminate in any 281 manner school library collection material that is: 282 (i) Harmful to minors; or 283 (ii) Sexually explicit material except to the extent that such material that is designated 284 as restricted material as provided in subsection (c) of this Code section; and 285 (D) Restricted materials that are included in school library collection materials: 286 (i) Shall not include material that is harmful to minors; 287 (ii) Shall be located and maintained in a restricted area which is not accessible by any 288 student in or below grade six and which may be accessed by a student in or above 289 grade seven only with written consent from such student's parent or permanent 290 guardian; 291 (iii) Shall not be accessible by or otherwise available or disseminated in any manner 292 to any student in or below grade six; and 293 (iv) Be accessible by or otherwise available or disseminated in any manner to any 294 student in or above grade seven without written consent from such student's parent or 295 permanent guardian. 296 (2) The standards provided for in paragraph (1) of this subsection shall apply to each 297 public school's acceptable use policy required by Code Section 20-2-324 and any school 298 S. B. 248 - 12 - 25 LC 49 2229 library collection materials made available or disseminated in any manner by the public 299 school to students via the internet or any internet connected device, including, but not 300 limited to, online learning programs, interactive learning programs, digital books, and 301 audiobooks. 302 (3) The standards provided for in paragraph (1) of this subsection shall be reviewed and 303 updated by June 1 each year by the Georgia Council on Library Materials Standards. 304 (4) The Department of Education shall provide technical assistance and develop and 305 promulgate model policies and procedures to aid public schools in implementing the 306 standards provided for in paragraph (1) of this subsection. 307 (f)(1) Beginning December 1, 2025, each local board of education shall: 308 (A) Not accept possession of, acquire, or recommend the acquisition of, by any means, 309 any primary instructional material from any vendor unless such primary instructional 310 material has a rating which indicates whether any portion of such primary instructional 311 material includes sexually explicit material; 312 (B) Request to receive by June 1 each year from each vendor providing primary 313 instructional materials to such local board of education a list of each item provided by 314 such vendor during the preceding year that includes sexually explicit materials; and 315 (C) Not enter into any new or renewed contractual or other arrangement for acquiring 316 primary instructional materials with any vendor that does not agree to provide: 317 (i) Ratings for primary instructional materials which indicate whether any portion of 318 such primary instructional material includes sexually explicit material; and 319 (ii) The list provided for in paragraph (2) of this subsection. 320 (2) By June 15 each year, each local board of education shall post on its public website 321 a list of all primary instructional materials used during the preceding school year that 322 included sexually explicit material. 323 S. B. 248 - 13 - 25 LC 49 2229 (g)(1) Beginning December 1, 2025, no school library operated by a local board of 324 education shall intentionally acquire by any means sexually explicit material or material 325 that is harmful to minors for inclusion in its school library collection materials. 326 (2) By July 1 each year, each local board of education shall review the contents of the 327 school library collection materials designated as restricted material and determine 328 whether such materials shall continue to be included in the school library collection 329 materials. A list of such restricted materials shall be published on the public website of 330 each local board of education. 331 (3) By August 1 each year, each local board of education shall provide a list to the 332 Department of Education of the restricted materials that will continue to be included in 333 its school library collection materials as provided in paragraph (2) of this subsection. The 334 Department of Education shall annually compile and publish such list on its public 335 website. 336 (h) The complaint resolution provisions of Code Section 20-2-324.6 shall apply to this 337 Code section; provided, however, that, while a complaint is pending, the associated 338 material shall be embargoed from use or accessibility by any student." 339 PART II 340 SECTION 2-1. 341 Said title is further amended in Part 2 of Article 6 of Chapter 2, relating to competencies and 342 core curriculum under the "Quality Basic Education Act," by repealing Code Section 343 20-2-143, relating to sex education and AIDS prevention instruction, implementation, and 344 student exemption, and enacting a new Code section to read as follows: 345 "20-2-143. 346 (a) This Code section shall be known and may be cited as the 'No Indoctrinating Children 347 in Elementary (NICE) Act.' 348 S. B. 248 - 14 - 25 LC 49 2229 (b) As used in this Code section, the term: 349 (1) 'Inappropriate sex based topics' means any of the following topics: 350 (A) A person's internal or deeply felt sense of his or her sex; 351 (B) Whether a person's internal sense of sex aligns with his or her sex; 352 (C) Pharmaceutical or medical treatment, hormone therapy, surgery, or removal of 353 genitalia when administered or performed for the purpose of intentionally changing the 354 body of such person to no longer correspond to his or her sex; 355 (D) Individual sexual conduct or experiences of a person responsible for teaching 356 children sex education; 357 (E) Exploring individual sexuality, including to whom a person feels sexually attracted; 358 (F) Respecting, exploring, and understanding the diversity of different sexual 359 attractions; 360 (G) Sexual expression and different ways to express one's sex; or 361 (H) Changing one's name, pronouns, or personal titles to conform to one's perceived 362 sex or identity. 363 (2) 'Sex' means the biological state of being male or female, in the context of 364 reproductive potential or capacity, based on the individual's sex organs, chromosomes, 365 naturally occurring sex hormones, gonads, and internal and external genitalia present at 366 birth, including secondary sex characteristics. An individual's sex can be observed or 367 clinically verified at or before birth. 368 (3) 'Sex education' includes any curricula or instruction that has the goal or purpose of 369 studying, exploring, or informing students about human reproduction, human sexuality, 370 sexual conduct, an internal or deeply felt sense of the student's sex, or sexual attraction 371 to one or more persons. 372 (c)(1) No public school or local school system shall provide sex education before the 373 sixth grade. 374 S. B. 248 - 15 - 25 LC 49 2229 (2) Each local board of education shall prescribe a course of study in abstinence based 375 sex education and AIDS prevention instruction for grades six through 12 in the local 376 school system as shall be determined by the State Board of Education. 377 (3) The State Board of Education shall prescribe a minimum course of study in 378 abstinence based sex education and AIDS prevention instruction which may be included 379 as a part of a course of study in health education for grades six through 12. 380 (d)(1) Sex education provided by a public school or local school system shall include 381 instruction relating to the handling of peer pressure, promotion of high self-esteem, local 382 community values, and abstinence from sexual activity as an effective method of 383 preventing acquired immune deficiency syndrome and the only sure method of 384 preventing pregnancy and sexually transmitted diseases. Sex education shall emphasize 385 abstinence from sexual activity until marriage and fidelity in marriage as important 386 personal goals. Sex education shall include instruction concerning the legal 387 consequences of parenthood, including, without being limited to, the legal obligation of 388 both parents to support a child and legal penalties or restrictions upon failure to support 389 a child, including, without being limited to, the possible suspension or revocation of a 390 parent's driver's license and occupational or professional licenses. The course shall also 391 include annual age-appropriate sexual abuse and assault awareness and prevention 392 education. 393 (2) No education or curricula for students in kindergarten through grade 12 provided by 394 a public school or local school system shall include inappropriate sex based topics, and 395 if any information is provided on contraception, information on typical use and failure 396 rates for each contraception option shall be included to show the rates of contraceptive 397 failure as experienced by individuals under real-life conditions, including factors such as 398 inconsistent or incorrect use. 399 (e) Before a public school or local school system provides sex education to any student: 400 S. B. 248 - 16 - 25 LC 49 2229 (1) The public school or local school system shall make the sex education curricula 401 available to parents and guardians of all students and the public for review online and in 402 person as provided in subsections (f) and (g) of this Code section; 403 (2) Any parent or guardian of a child to whom sex education is to be taught as set forth 404 in this Code section shall have the right to elect, in writing, that such child not receive sex 405 education. 406 (3) Any parent or guardian of a child to whom sex education is being taught shall have 407 the right to withdraw such child from receiving sex education at any time. 408 (f)(1) Beginning in the 2025-2026 school year and continuing each school year 409 thereafter, before a public school or local school system offers sex education to any 410 students, the governing body of such public school or local school system shall review 411 and approve the sex education curricula based on content standards prescribed by the 412 State Board of Education pursuant to subsection (h) of this Code section; provided, 413 however, that such governing body shall not approve any sex education curricula without 414 providing parents and guardians of all students and the public with a meaningful 415 opportunity to review and to provide input on any proposed sex education curricula, as 416 provided in paragraph (2) of this subsection, before such curricula is approved by such 417 governing body. 418 (2) Before approving any sex education curricula, the governing body of each public 419 school or local school system shall: 420 (A) Require that all meetings of such governing body, or any committee or 421 subcommittee thereof, that are authorized for the purposes of reviewing and approving 422 a sex education curricula be publicly noticed at least two weeks before occurring and 423 be open to the public pursuant to Chapter 14 of Title 50; 424 (B) Make any proposed sex education curricula available and accessible for review and 425 public comment, including, but not limited to, written comments, oral comments, and 426 S. B. 248 - 17 - 25 LC 49 2229 comments submitted through email, for at least 45 days before approval of any such sex 427 education curricula by such governing body; and 428 (C) Conduct at least two public hearings within the 45 day review period provided for 429 in subparagraph (B) of this paragraph. 430 (g) At least two weeks before any sex education is offered by a public school or local 431 school system pursuant to this Code section, each such public school or local school system 432 shall make the sex education curricula approved by the governing body of such public 433 school or local school system as provided in subsection (f) of this Code section available 434 for meaningful review by parents and guardians of all students and the public. 435 (h) By July 1, 2025, the State Board of Education shall adopt age- and grade-appropriate 436 content standards for sex education curricula for students in grades six through 12, and 437 such standards shall not include any inappropriate sex based topics. 438 (i) Nothing in this Code section shall be construed to prohibit age- and grade-appropriate 439 classroom instruction regarding: 440 (1) Child abuse and assault awareness and prevention; and 441 (2) Menstruation." 442 SECTION 2-2. 443 Said title is further amended in Subpart 1 of Part 6 of Article 6 of Chapter 2, relating to 444 certificated professional personnel, by revising subsection (b) of Code Section 20-2-201, 445 relating to specific course requirements, in-service or continuing education, and online 446 offerings, as follows: 447 "(b) Each local unit of administration shall be required to provide all professional 448 personnel certificated by the Professional Standards Commission 12 clock hours of 449 in-service or continuing education in each calendar year, or meet requirements of the 450 Southern Association of Colleges and Schools. Such in-service programs shall be 451 developed by the local unit of administration in conjunction with such agencies as regional 452 S. B. 248 - 18 - 25 LC 49 2229 educational service agencies, colleges and universities, and other appropriate organizations. 453 These programs shall be designed to address identified needs determined by appropriate 454 personnel evaluation instruments. These programs shall also focus on improving the skills 455 of certificated personnel that directly relate to improving student achievement, as reflected 456 in the revised certification renewal rules established by the Professional Standards 457 Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200 458 regarding the impact of professional learning on student achievement. These programs 459 shall also include in-service training programs on sexual abuse and assault awareness and 460 prevention for professional personnel who will be providing instruction in annual 461 age-appropriate sexual abuse and assault awareness and prevention education in 462 kindergarten through grade nine pursuant to subsection (b) of Code Section 20-2-143. 463 Records of attendance shall be maintained by local units of administration and shall be 464 monitored by appropriate Department of Education staff." 465 SECTION 2-3. 466 Said title is further amended in Part 5 of Article 16 of Chapter 2, relating to review of 467 removal, by revising paragraph (3) of subsection (f) of Code Section 20-2-786, the "Parents' 468 Bill of Rights," as follows: 469 "(3)(A) Procedures which comply with the provisions of Code Section 20-2-143 for a 470 parent to provide revocable written consent for his or her minor child to receive sex 471 education; and 472 (B) Procedures for a parent to withdraw or otherwise revoke his or her written consent 473 for his or her minor child from the school's prescribed course of study in to receive sex 474 education if the parent provides a written objection to his or her minor child's 475 participation. Such procedures must provide for a parent to be notified in advance of 476 such course content so that he or she may withdraw his or her minor child from the 477 course; and" 478 S. B. 248 - 19 - 25 LC 49 2229 PART III 479 SECTION 3-1. 480 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and 481 secondary education, is amended in Part 2 of Article 6, relating to competencies and core 482 curriculum under the "Quality Basic Education Act," by adding a new Code section to read 483 as follows: 484 "20-2-143.1. 485 (a) This Code section shall be known and may be cited as the 'Parents and Children 486 Protection Act of 2025.' 487 (b) As used in this Code section, the term: 488 (1) 'Gender identity' means a person's internal sense of his or her gender which may or 489 may not correspond with his or her sex and which may or may not be apparent to others. 490 (2) 'Governing body' means the local board of education, governing council, governing 491 board, or other entity by whatever name that is responsible for the management and 492 control of a public school. 493 (3) 'Inappropriate sex based topics' means any of the following topics: 494 (A) A person's internal or deeply felt sense of his or her sex; 495 (B) Whether a person's internal sense of sex aligns with his or her sex; 496 (C) Pharmaceutical or medical treatment, hormone therapy, surgery, or removal of 497 genitalia when administered or performed for the purpose of intentionally changing the 498 body of such person to no longer correspond to his or her sex; 499 (D) Individual sexual conduct or experiences of a person responsible for teaching 500 children sex education; 501 (E) Exploring individual sexuality, including to whom a person feels sexually attracted; 502 (F) Respecting, exploring, and understanding the diversity of different sexual 503 attractions; 504 S. B. 248 - 20 - 25 LC 49 2229 (G) Sexual expression and different ways to express one's sex; or 505 (H) Changing one's name, pronouns, or personal titles to conform to one's perceived 506 sex or identity. 507 (4) 'Informal communication' means any interaction of school personnel with one or 508 more students that is not part of instruction and when such personnel is acting in his or 509 her official capacity as an employee or representative of a public school or local school 510 system. 511 (5) 'Instruction' means the activities of school personnel engaged in the purposeful 512 direction and supervision of the learning process by students and includes discussion 513 involving students that is directed or supervised by school personnel in an instructional 514 setting, including, but not limited to, a classroom. 515 (6) 'Public school' or 'school' means a local school system, a school within a local school 516 system, a charter school subject to the provisions of Article 31 or 31A of this chapter, a 517 completion special school subject to the provisions of Article 31C of this chapter, or any 518 other public school. 519 (7) 'School personnel' means any person employed by a governing body, any person 520 employed by a local health department who is assigned to a public school, or any third 521 party engaged by or authorized to speak on behalf of a school. 522 (8) 'Sex' means the biological indication of male or female, including sex chromosomes, 523 naturally occurring sex hormones, gonads, and nonambiguous internal and external 524 genitalia present at birth, without regard to a person's gender identity or his or her 525 psychological, chosen, or subjective experience of gender. 526 (9) 'Student' means a student enrolled in a public school. 527 (c)(1) Notwithstanding any provision of Code Section 20-2-141, 20-2-143, or 20-2-786 528 or any other law to the contrary, no school personnel shall intentionally initiate any 529 instruction or informal communication with an emphasis on inappropriate sex based 530 S. B. 248 - 21 - 25 LC 49 2229 topics involving any student in kindergarten through grade 12, excepting instruction for 531 students in grades four through 12 when such instruction is: 532 (A) Included as an express requirement in content standards established by the State 533 Board of Education; or 534 (B) Essential to the full and rigorous implementation of curricula, or elements of a 535 curriculum, that are required as part of advanced placement, international baccalaureate, 536 or dual enrollment coursework; provided, however, that such implementation is done 537 in a professional and academically appropriate manner. 538 (2) Except under the circumstances provided for in subparagraphs (A) and (B) of 539 paragraph (1) of this subsection, if, during instruction or informal communication, a 540 student or any other person initiates discussion with an emphasis on inappropriate sex 541 based topics with school personnel, such school personnel shall bring such discussion to 542 a prompt conclusion in a professional and academically appropriate manner; provided, 543 however, that such school personnel shall not be required to interrupt or otherwise 544 participate in a personal discussion exclusively by and between students that is not 545 disrupting instruction or the orderly operation of the school. Such school personnel may 546 refer such discussion to the school counselor; provided, however, that school personnel 547 shall notify the parent or guardian if a student asserts an identity that does not align with 548 his or her sex; provided, further, that before a school counselor addresses any such 549 discussion with a student, her or she shall inform the student's parent or guardian and 550 receive parental consent prior to discussing such topics. 551 (3) The State Board of Education shall create and publish guidance for local boards of 552 education to utilize in implementing the provisions of this subsection that includes, but 553 is not limited to, the following: 554 (A) No school employee or other person shall modify a child's official private or public 555 school record, including a charter school record, to reflect a change in the child's name, 556 S. B. 248 - 22 - 25 LC 49 2229 sex, or gender without the written consent of all of the child's parents with custodial 557 rights or legal guardians; 558 (B) No employee, contractor, or student of a public school or local school system shall 559 be required to refer to another person using that person's preferred personal title or 560 pronouns if such personal title or pronouns do not correspond to that person's sex or is 561 not listed on that person's birth certificate; 562 (C) No employee or contractor of a public school or local school system shall refer to 563 a student using that person's preferred personal title or pronouns if such personal title 564 or pronouns do not correspond to that person's sex or is not listed on that person's birth 565 certificate without the written consent of all of the child's parents with custodial rights 566 or legal guardians; 567 (D) No student shall be asked by an employee or contractor of a public school or local 568 school system to provide his or her preferred personal title or pronouns or be penalized 569 or subjected to adverse or discriminatory treatment for not providing his or her 570 preferred personal title or pronouns; and 571 (E) No employee or contractor of a public school or local school system shall provide 572 to a student such employee's or contractor's preferred personal title or pronouns if such 573 preferred personal title or pronouns do not correspond to his or her sex. 574 (d) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for 575 a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code 576 Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a completion special 577 school, or Code Section 20-2-244." 578 SECTION 3-2. 579 Said chapter is further amended in Part 3 of Article 16, relating to student health, by adding 580 three new subsections to Code Section 20-2-773, relating to restrictions on student health 581 services and utilization of state funds, to read as follows: 582 S. B. 248 - 23 - 25 LC 49 2229 "(c) At the beginning of each school year, each public school shall notify the parent of each 583 enrolled student of the health services offered at the school. Such notice shall include clear 584 information and procedures for a parent to decline or withhold consent for any specified 585 health service to be provided to his or her child. Parental consent to a health service being 586 provided to his or her child does not waive the parent's right to access his or her child's 587 education or health records or to receive notifications regarding the mental, emotional, or 588 physical health or well-being of his or her child as required by law. 589 (d) Notwithstanding the provisions of Code Section 20-2-770 or 20-2-772 or any other law 590 to the contrary, before administering a well-being questionnaire or health screening form 591 to a public school student in kindergarten through grade three, the school shall provide such 592 questionnaire or health screening form to the student's parent and obtain the consent of the 593 parent for the administration of such questionnaire or health screening form. 594 (e) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for 595 a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code 596 Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a completion special 597 school, or Code Section 20-2-244." 598 SECTION 3-3. 599 Said chapter is further amended in Part 5 of Article 16, relating to review of removal, by 600 adding a new Code section to read as follows: 601 "20-2-787. 602 (a) As used in this Code section, the term: 603 (1) 'Governing body' means the local board of education, governing council, governing 604 board, or other entity by whatever name that is responsible for the management and 605 control of a public school. 606 S. B. 248 - 24 - 25 LC 49 2229 (2) 'Minor child' means a person who is less than 18 years of age and who has not been 607 emancipated by operation of law or by court order pursuant to Code Section 15-11-727 608 or as otherwise provided by law. 609 (3) 'Parent' means a person who has legal authority to act on behalf of a minor child as 610 a natural or adoptive parent or a legal guardian. 611 (4) 'Public school' or 'school' means a local school system, a school within a local school 612 system, a charter school subject to the provisions of Article 31 or 31A of this chapter, a 613 completion special school subject to the provisions of Article 31C of this chapter, or any 614 other public school. 615 (5) 'School personnel' means any person employed by a governing body or any person 616 employed by a local health department who is assigned to a public school or any third 617 party engaged by or authorized to speak on behalf of a school. 618 (b)(1) No school or school personnel shall discourage or prohibit parental notification 619 of or involvement in critical decisions affecting his or her minor child's mental, 620 emotional, or physical health or well-being. 621 (2) No school shall adopt a policy or procedure or engage in a practice that: 622 (A) Prohibits school personnel from notifying a parent about his or her minor child's 623 observed mental, emotional, or physical health or well-being; or 624 (B) Encourages or has the effect of encouraging a student to withhold from his or her 625 parent information relating to: 626 (i) His or her mental, emotional, or physical health or well-being; 627 (ii) A change in student support services provided to the student by his or her school; 628 or 629 (iii) A change in the monitoring of the student by his or her school. 630 (3) Before administering a well-being questionnaire or health screening form to a public 631 school student in kindergarten through grade three, the school shall comply with the 632 requirements of subsection (d) of Code Section 20-2-773. 633 S. B. 248 - 25 - 25 LC 49 2229 (c) On or before August 1, 2025, each governing body shall adopt policies and procedures 634 for notifying a student's parent if there is a change in the student support services provided 635 to the student by his or her school, the monitoring of the student by his or her school, the 636 school's ability to provide a safe and supportive learning environment for the student, or 637 the student's observed mental, emotional, or physical health or well-being. Such policies 638 and procedures: 639 (1) Shall not take any action to infringe on the fundamental right of a parent to make 640 decisions regarding the upbringing and education of his or her minor child without 641 demonstrating that such action is reasonable and necessary to achieve a compelling state 642 interest and that such action is narrowly tailored and is not otherwise served by less 643 restrictive means; 644 (2) Shall reinforce the fundamental right of a parent to make decisions regarding the 645 upbringing and education of his or her minor child by requiring school personnel to: 646 (A) Encourage a student to discuss issues relating to his or her well-being with his or 647 her parent; or 648 (B) Facilitate the discussion of issues relating to a student's well-being with the student 649 and his or her parent; and 650 (3) Shall not prohibit a parent from accessing any of his or her minor child's education 651 and health records created, maintained, or used by the school. 652 (d)(1) No later than August 1, 2025, each governing body shall adopt a complaint 653 resolution policy to address complaints alleging violations of any provision of Code 654 Section 20-2-143.1, Code Section 20-2-773, or subsections (b) and (c) of this Code 655 section. The complaint resolution policy shall provide that: 656 (A) A school shall not be required to respond to a complaint made pursuant to this 657 paragraph unless it is made by: 658 (i) The parent of a student enrolled at the school where the alleged violation 659 occurred; 660 S. B. 248 - 26 - 25 LC 49 2229 (ii) A student who has reached the age of majority or is a lawfully emancipated minor 661 and who is enrolled at the school where the alleged violation occurred; or 662 (iii) School personnel assigned or authorized to work at the school where the alleged 663 violation occurred; 664 (B) The complaint shall first be submitted in writing to the principal of the school 665 where the alleged violation occurred; 666 (C) The complaint shall provide a reasonably detailed description of the alleged 667 violation; 668 (D)(i) Within five school days of receiving such written complaint, the school 669 principal or his or her designee shall review the complaint and take reasonable steps 670 to investigate the allegations in the complaint. 671 (ii) Within ten school days of receiving the complaint, unless another schedule is 672 mutually agreed to by the complainant and the school principal or his or her designee, 673 the school principal or such designee shall confer with the complainant and inform 674 the complainant whether a violation occurred, in whole or in part, and, if such a 675 violation was found to have occurred, what remedial steps have been or will be taken; 676 provided, however, that the confidentiality of student or school personnel information 677 shall not be violated. 678 (iii) Following such conference, within three school days of a request by the 679 complainant, the school principal or his or her designee shall provide to the 680 complainant a written summary of the findings of the investigation and a statement 681 of remedial measures, if any; provided, however, that such written response shall not 682 disclose any confidential student or school personnel information; 683 (E) The written summary provided for in subparagraph (D) of this paragraph shall be 684 reviewed by the school's governing body within 30 school days of receiving a written 685 request for such review by the complainant addressed to the school's governing body; 686 S. B. 248 - 27 - 25 LC 49 2229 provided, however, that confidential student or school personnel information shall not 687 be subject to review pursuant to this subparagraph; and 688 (F)(i) Following a decision by the school's governing body regarding a complaint 689 pursuant to subparagraph (E) of this paragraph, any party aggrieved by the decision 690 of the school's governing body shall have the right to appeal such decision to the State 691 Board of Education for a hearing as provided in Code Section 20-2-1160. For 692 purposes of the application of this subparagraph, the terms 'local board' and 'local 693 board of education' as used in subsections (b) through (e) of Code Section 20-2-1160 694 shall include the school's governing body regardless of whether such governing body 695 is a local board of education. 696 (ii) The State Board of Education shall, after hearing an appeal brought pursuant to 697 division (i) of this subparagraph, make written findings regarding whether any 698 violations of any provision of Code Section 20-2-143.1, Code Section 20-2-773, or 699 subsections (b) and (c) of this Code section occurred. If the State Board of Education 700 finds that one or more such violations occurred, it shall direct the Department of 701 Education to develop a corrective action plan to be provided to the school within ten 702 school days of such finding, and the school shall have 30 school days to implement 703 the corrective action plan. If the State Board of Education finds that such school has 704 not implemented the corrective action plan: 705 (I) In cases where the school at issue is covered under one or more waivers as 706 provided in Article 4 of this chapter, Code Section 20-2-244, or Code 707 Section 20-2-2065, the State Board of Education shall order the immediate 708 suspension of one or more waivers applicable to such school. The State Board of 709 Education shall exercise discretion in determining which waivers shall be subject 710 to such order of suspension and shall, as may be reasonable and practicable, 711 narrowly tailor such order to address specific violations found by the State Board 712 of Education to have occurred. An order suspending a school's waivers pursuant to 713 S. B. 248 - 28 - 25 LC 49 2229 this subdivision shall be in effect for no less than 12 months from the date of such 714 order and, if the remainder of the current term of the applicable contract with the 715 State Board of Education providing for such waivers is greater than 12 months, then 716 no longer than such remainder; and 717 (II) In cases where the school at issue is not covered under a waiver as provided in 718 Article 4 of this chapter, Code Section 20-2-244, or Code Section 20-2-2065, the 719 State Board of Education shall refer the matter to the State School Superintendent 720 to recommend what appropriate remedial actions and sanctions should be 721 considered for implementation by the State Board of Education. 722 (2) No later than July 1, 2025, the State Board of Education shall promulgate a model 723 policy to assist schools with establishing a complaint resolution process that meets the 724 requirements of paragraph (1) of this subsection. The Department of Education shall 725 develop guidance for schools for use when determining whether violations of any 726 provision of Code Section 20-2-143.1, Code Section 20-2-773, or subsections (b) and (c) 727 of this Code section have occurred. The Department of Education shall be authorized to 728 revise such guidance from time to time. 729 (e) This Code section does not and shall not be construed to: 730 (1) Authorize a parent in this state to engage in conduct that is unlawful or to abuse or 731 neglect his or her minor child in violation of the law; 732 (2) Prohibit a governing body or a public school from adopting policies or procedures 733 that permit school personnel to withhold information regarding a minor child's mental, 734 emotional, or physical health or well-being from his or her parent if a reasonably prudent 735 person would believe that disclosure would result in child abuse, abandonment, or 736 neglect, as those terms are defined in Code Section 19-7-5; 737 (3) Prohibit a judge or officer of a court of competent jurisdiction, a law enforcement 738 officer, or any agent of a state or local government entity that is responsible for child 739 S. B. 248 - 29 - 25 LC 49 2229 welfare from acting in his or her official capacity within the reasonable and prudent scope 740 of his or her authority; 741 (4) Prohibit a court of competent jurisdiction from issuing an order that is otherwise 742 permitted by law; or 743 (5) Apply to a parental action or decision that would end life. 744 (f) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for 745 a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code 746 Section 20-2-2065 for a charter school, Code Section 20-2-2096.3 for a completion special 747 school, or Code Section 20-2-244." 748 PART IV 749 SECTION 4-1. 750 This Act shall become effective upon its approval by the Governor or upon its becoming law 751 without such approval. 752 SECTION 4-2. 753 All laws and parts of laws in conflict with this Act are repealed. 754 S. B. 248 - 30 -