Text of GA SB 532 (2024)

24 LC 49 1825 Senate Bill 532 By: Senators Dixon of the 45th and Still of the 48th A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to 1 elementary and secondary education, so as to prohibit sex education for public school 2 students in this state before fifth grade; to provide that no public school or local school 3 system shall be required to provide sex education; to require revocable written consent from 4 parents or guardians of students before any sex education is provided; to require governing 5 bodies of public schools and local school systems to afford parents and guardians of all 6 students and the public opportunity to review and to provide comment on proposed sex 7 education curricula before approval by such body; to require the State Board of Education 8 to approve age- and grade-appropriate content standards for sex education curricula; to 9 provide for definitions; to provide for construction; to revise the "Parents Bill of Rights" to 10 provide for parents to revocably opt-in to sex education for their children; to provide for an 11 effective date; to provide for related matters; to repeal conflicting laws; and for other 12 purposes. 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 14 S. B. 532 - 1 - 24 LC 49 1825 SECTION 1. 15 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and 16 secondary education, is amended in Part 2 of Article 6, relating to competencies and core 17 curriculum under the "Quality Basic Education Act," by repealing Code Section 20-2-143, 18 relating to sex education and AIDS prevention instruction, implementation, and student 19 exemption, and enacting a new Code section to read as follows: 20 "20-2-143. 21 (a) As used in this Code section, the term: 22 (1) 'Sex' means the biological state of being male or female, in the context of 23 reproductive potential or capacity, based on the individual's sex organs, chromosomes, 24 naturally occurring sex hormones, gonads, and internal and external genitalia present at 25 birth, including secondary sex characteristics. An individual's sex can be observed or 26 clinically verified at or before birth. 27 (2) 'Sex education' includes any curricula or instruction that has the goal or purpose of 28 studying, exploring, or informing students about human reproduction, human sexuality, 29 sexual conduct, gender identity, gender expression, or sexual orientation. 30 (b)(1) No public school or local school system shall provide sex education before the 31 fifth grade. 32 (2) No public school or local school system shall be required to provide sex education. 33 (c) Before a public school or local school system provides sex education to any student: 34 (1) The public school or local school system shall make the sex education curricula 35 available to parents and guardians of all students and the public for review online and in 36 person as provided in subsection (d) of this Code section; and 37 (2) Such student's parent or guardian shall provide revocable written consent for his or 38 her child to receive sex education. 39 (d)(1) Beginning in the 2024-2025 school year and continuing each school year 40 thereafter, before a public school or local school system offers sex education to any 41 S. B. 532 - 2 - 24 LC 49 1825 students, the governing body of such public school or local school system shall review 42 and approve the sex education curricula based on content standards prescribed by the 43 State Board of Education pursuant to subsection (f) of this Code section; provided, 44 however, that such governing body shall not approve any sex education curricula without 45 providing parents and guardians of all students and the public with a meaningful 46 opportunity to review and to provide input on any proposed sex education curricula, as 47 provided in paragraph (2) of this subsection, before such curricula is approved by such 48 governing body. 49 (2) Before approving any sex education curricula, the governing body of each public 50 school or local school system shall: 51 (A) Require that all meetings of such governing body, or any committee or 52 subcommittee thereof, that are authorized for the purposes of reviewing and approving 53 a sex education curricula be publicly noticed at least two weeks before occurring and 54 be open to the public pursuant to Chapter 14 of Title 50; 55 (B) Make any proposed sex education curricula available and accessible for review and 56 public comment, including, but not limited to, written comments, oral comments, and 57 comments submitted through email, for at least 45 days before approval of any such sex 58 education curricula by such governing body; and 59 (C) Conduct at least two public hearings within the 45 day review period provided for 60 in subparagraph (B) of this paragraph. 61 (e) At least two weeks before any sex education is offered by a public school or local 62 school system pursuant to this Code section, each such public school or local school system 63 shall make the sex education curricula approved by the governing body of such public 64 school or local school system as provided in subsection (d) of this Code section available 65 for meaningful review by parents and guardians of all students and the public. 66 (f) By July 1, 2024, the State Board of Education shall adopt age- and grade-appropriate 67 content standards for sex education curricula for students in grades five through 12. 68 S. B. 532 - 3 - 24 LC 49 1825 (g) Nothing in this Code section shall be construed to prohibit age- and grade-appropriate 69 classroom instruction regarding child assault awareness and abuse prevention." 70 SECTION 2. 71 Said chapter is further amended in Subpart 1 of Part 6 of Article 6, relating to certificated 72 professional personnel, by revising subsection (b) of Code Section 20-2-201, relating to 73 specific course requirements, in-service or continuing education, and online offerings, as 74 follows: 75 "(b) Each local unit of administration shall be required to provide all professional 76 personnel certificated by the Professional Standards Commission 12 clock hours of 77 in-service or continuing education in each calendar year, or meet requirements of the 78 Southern Association of Colleges and Schools. Such in-service programs shall be 79 developed by the local unit of administration in conjunction with such agencies as regional 80 educational service agencies, colleges and universities, and other appropriate organizations. 81 These programs shall be designed to address identified needs determined by appropriate 82 personnel evaluation instruments. These programs shall also focus on improving the skills 83 of certificated personnel that directly relate to improving student achievement, as reflected 84 in the revised certification renewal rules established by the Professional Standards 85 Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200 86 regarding the impact of professional learning on student achievement. These programs 87 shall also include in-service training programs on sexual abuse and assault awareness and 88 prevention for professional personnel who will be providing instruction in annual 89 age-appropriate sexual abuse and assault awareness and prevention education in 90 kindergarten through grade nine pursuant to subsection (b) of Code Section 20-2-143. 91 Records of attendance shall be maintained by local units of administration and shall be 92 monitored by appropriate Department of Education staff." 93 S. B. 532 - 4 - 24 LC 49 1825 SECTION 3. 94 Said chapter is further amended in Part 5 of Article 16, relating to review of removal, by 95 revising paragraph (3) of subsection (f) of Code Section 20-2-786, the "Parents' Bill of 96 Rights," as follows: 97 "(3)(A) Procedures which comply with the provisions of Code Section 20-2-143 for a 98 parent to provide revocable written consent for his or her minor child to receive sex 99 education; and 100 (B) Procedures for a parent to withdraw or otherwise revoke his or her written consent 101 for his or her minor child from the school's prescribed course of study in to receive sex 102 education if the parent provides a written objection to his or her minor child's 103 participation. Such procedures must provide for a parent to be notified in advance of 104 such course content so that he or she may withdraw his or her minor child from the 105 course; and" 106 SECTION 4. 107 This Act shall become effective upon its approval by the Governor or upon its becoming law 108 without such approval. 109 SECTION 5. 110 All laws and parts of laws in conflict with this Act are repealed. 111 S. B. 532 - 5 -