Education bills signed into law
Since the conclusion of the 156th Session of the Georgia General Assembly, which ended Monday, April 4, and the subsequent transmittal of bills to the governor, Gov. Brian Kemp has had 40 days to sign legislation into law or to veto it. That 40-day window has now passed. The following are public education-related bills passed by the General Assembly that are now law. Kemp vetoed no education-related measures.
HB 1084 puts restrictions on certain perspectives regarding discussion of race and racism in the classroom. The bill defines nine "divisive concepts" that may not be broached in schools. The bill has contradictory, subjective, and confusing langugage that will also certainly result in a chilling effect on educators. Those concepts are as stated in the law:
(A) One race is inherently superior to another race;
(B) The United States of America is fundamentally racist;
(C) An individual, by virtue of his or her race, is inherently or consciously racist or oppressive
toward individuals of other races;
(D) An individual should be discriminated against or receive adverse treatment solely or
partly because of his or her race;
(E) An individual's moral character is inherently determined by his or her race;
(F) An individual, solely by virtue of his or her race, bears individual responsibility for
actions committed in the past by other individuals of the same race;
(G) An individual, solely by virtue of his or her race, should feel anguish, guilt, or any other
form of psychological distress;
(H) Performance-based advancement or the recognition and appreciation of character traits
such as a hard work ethic are racist or have been advocated for by individuals of a particular
race to oppress individuals of another race; or
(I) Any other form of "race scapegoating" or "race stereotyping."
"Race scapegoating" means assigning fault or blame to a race, or to an individual of a particular race because of his or her race. Such term includes, but is not limited to, any claim that an individual of a particular race, consciously and by virtue of his or her race, is inherently racist or is inherently inclined to oppress individuals of other races.
Race stereotyping" means ascribing character traits, values, moral or ethical codes, status, or beliefs to an individual because of his or her race.
The bill also states "Nothing in this Code section shall be construed or applied to:
(1) Inhibit or violate the rights protected by the Constitutions of Georgia and the United States of America or undermine intellectual freedom and free expression;
(2) Infringe upon the intellectual vitality of students and employees of local boards of
education, local school systems, or other schools;
(3) Prohibit a local board of education, local school system, or other school from
promoting concepts such as tolerance, mutual respect, cultural sensitivity, or cultural
competency; provided, however, that such efforts do not conflict with the requirements
of this Code section and other applicable laws;
(4) Prohibit a school administrator, teacher, other school personnel, or an individual
facilitating a training program from responding in a professionally and academically
appropriate manner and without espousing personal political beliefs to questions
regarding specific divisive concepts raised by students, school community members, or
participants in a training program;
(5) Prohibit the discussion of divisive concepts, as part of a larger course of instruction,
in a professionally and academically appropriate manner and without espousing personal
political beliefs;
(6) Prohibit the full and rigorous implementation of curricula, or elements of a
curriculum, that are required as part of advanced placement, international baccalaureate,
or dual enrollment coursework; provided, however, that such implementation is done in
a professionally and academically appropriate manner and without espousing personal
political beliefs;
(7) Prohibit the use of curricula that addresses the topics of slavery, racial oppression,
racial segregation, or racial discrimination, including topics relating to the enactment and
enforcement of laws resulting in racial oppression, segregation, and discrimination in a
professionally and academically appropriate manner and without espousing personal
political beliefs;
(8) Create any right or benefit, substantive or procedural, enforceable at law or in equity,
by any party against a local board of education, local school system, or other school, or
the departments, agencies, entities, officers, employees, agents, or any other personnel
affiliated with such local board of education, local school system, or other school; or
(9) Prohibit a state or federal court or agency of competent jurisdiction from ordering
training or other remedial action that discusses divisive concepts due to a finding of
discrimination, including discrimination based on race.
The new law establishes a complaint process for parents, a student of the "age of majority" or any school educator, administrator, or "school personnel" to challenge or report individual educators or administrators alleged to be out-of-compliance with the bill.
By August 1, 2022, each local board of education and the governing body of each charter school shall adopt a complaint resolution policy to address complaints alleging violations of any provision of the law. Most school districts may use a model policy that the State Board of Education must promulgate by July 1, 2022.
Original drafts of the bill and related bills would have imposed a penality to the school district found in violation of HB 1084 of 20% cut in state funding. Early versions of HB 1084 could have led to educators going to jail if found teaching some of the "divisive concepts" found in the bill.
In the final minutes of the last day of the session, HB 1084 was amended to create an oversight committee with authority to create policy on the participation of transgender girls in so-called "girls sports." An outright ban on their participation in school athletic contests was a priority of a number of Republicans but was not directly enacted.
HB 517 would have committed the state to spending $1.8 billion over the next ten years giving tax breaks to individuals, families, and businesses that contribute to private schools. Differences between House and Senate versions resulted in conference committee of legislators from each chamber appointed to work out a compromise.
GAE and GAE members lobbying on the bill won a number of key concessions, with the increase cost to the taxpayers of Georgia reduced to a fifth of what the pro-voucher groups had sought. GAE also won some important new accountability measures to the legislation. Gov. Brian Kemp has signed this measure into law.
There were no changes to traditional private school voucher programs enacted this session but several were offered. Legislation was introduced to give every student in Georgia a $6,000 state-paid voucher to attend the private school of their choosing. One of those bills, SB 601, was defeated on the Senate floor, with 29 votes against it and 20 for the bill.
HB 1283 also is now law, requiring daily recess for children in grades K-5 and “unstructured break time” for students in grades 6-8 was adopted. GAE supported the bill, and it is now law.
On the last day of the session, the House and Senate reached agreement on a record $30.2 billion budget for 2022-2023 fiscal/school year. The compromise includes a $2,000 permanent pay raise for classroom teachers and full funding for the Quality Basic Education (QBE) formula. The 2022-2023 budget has been signed by Kemp.
Adjustments to the current 2022 budget passed earlier in the session to give teachers and ESPs a $2,000 bonus in QBE funded positions. The budget has been signed into law, and educators have already begun receiving bonuses in a number of school districts.
SB 345 prohibits state and local governments - including schools and school boards - from requiring COVID vaccinations. The bill began as legislation to prohibit state and local governments from requiring vaccinations for any infectious disease, including polio, tuberculous, and diphtheria!
Earlier in the session, lawmakers approved and the governor signed SB 514, to allow parents to opt their children out of school mask requirement policies, making Swiss cheese of health and safety protocols recommended by the Centers for Disease Control and Prevention (CDC) to fight COVID-19.
SB 220 requires the State Board of Education to adopt content standards for a minimum course of instruction in financial literacy to be completed by students in eleventh or twelfth grade:
"Beginning in the 2024-2025 school year, each local board of education shall require all students, as a condition of graduation, during their eleventh or twelfth grade years, to complete at least a half-credit course in financial literacy ... Such course of instruction may be provided within the framework of existing coursework offered by a local school system. Such course of instruction shall be eligible to count toward a mathematics, social studies, or elective unit of credit requirement for graduation."
SB 220 also requires the Professional Standards Commission (PSC) to establish appropriate requirements and procedures to license educators to teach financial literacy.
HB 385 allows retired educators with 30 years of creditable service to return to teaching, full-time while receiving their TKES benefits. Retirees can only return in subject areas of high demand and after one year in retirement. HB 385 passed, and the legislation has been signed into law.
At GAE's request, Senate Retirement Committee Chairman Randy Robertson has agreed to hold committee meetings this summer to review the Public School Employees Retirement System (PSERS), which provides retirement benefits for many school bus drivers, cafeteria workers, custodians, and other ESPs.
More than half-a-dozen bills making it easier for parents to complain about library books and instructional materials were introduced this session.
SB 226 encourages parents to object to books in school libraries that are "harmful to minors." 226 is now law. Like HB 1084 above, the bill originally contemplated sending school librarians to prison allowing books "harmful to minors" in their library.
HB 1178 establishes new complaint processes for objections to instructional material.
SB 588 requires school board meetings be open to the public (already existing law) and states that individuals may only be removed from a meeting for "actual disruption." There is no definition in this new law for the term "actual disruption." This bill passed and has been signed into law.
SR 650, creating a Senate study committee on Education Funding Mechanisms to consider changes to the QBE funding formula, passed on April 1 and has since been signed by Gov. Kemp.
HR 650, which creates the House Study Committee on Literacy, passed in March. A GAE amendment was adopted to include an educator on the committee.
