06 LC 33
1097S
The
Senate Education and Youth Committee offered the following substitute to SB
149:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education, so as to provide for adoption of policies
and procedures by local boards of education regarding school sponsored clubs; to
provide for a short title; to provide for definitions; to provide for annual
notification by local school systems to parents and legal guardians; to require
annual written parental or guardian permission for membership or participation
in a school sponsored club; to provide that no new school sponsored club may be
established or operated unless the notification requirements have been met; to
provide for the withholding of state funds by the State Board of Education; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Parental Equal Access to Information
Act."
SECTION
2.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, is amended in Article 16, relating to students, by
inserting a new part to be designated Part 5 to read as follows:
"Part
5
20-2-785.
(a)
As used in this Code section, the term:
(1)
'Competitive interscholastic activity' means functions held under the auspices
or sponsorship of a school or local school system that involves its students in
competition between individuals or groups representing two or more schools.
This term shall not include band or chorus.
(2)
'School sponsored clubs' means those organizations, both curriculum related and
noncurriculum related, created by the school or by the local school system and
under the sponsorship, direction, and control of the school or local school
system in which students may elect to participate during noninstructional
periods of the school day or school year. Such term shall also include
organizations which are given permission by the school or local school system to
use school facilities, materials, equipment, or property, including school
buses, but which do not have a faculty sponsor or leader. This term shall not
include competitive interscholastic activities.
(b)
Prior to the 2006-2007 school year, local boards of education shall adopt
policies concerning the approval and operation of school sponsored clubs. Prior
to the adoption of such policies, local boards of education must allow timely
and complete public review of such policies. Such policies shall:
(1)
Be posted in a prominent place on each local school
systeḿs
website. If an individual school within the local school system maintains a
website, such policies must be posted in a prominent place on the school
website;
(2)
Require that all school sponsored clubs be clearly designated as under the
sponsorship of the school or local school system or under the sponsorship of
another entity which has permission to use school facilities; and
(3)
Provide that prior to a student participating in the school sponsored club the
student́s
parents or guardians must be notified of the name of the club; the mission or
purposes of the club; the faculty or other adult sponsor or facilitator of the
club; the
club́s
planned activities, events, or educational content; whether the club is
affiliated with any regional, state, or national organization; and any financial
requirements, such as dues, for a student to join or become a member of a school
sponsored club.
An
annual notification utilizing the student handbook or other appropriate method
shall satisfy the provisions of this subsection.
(c)
The annual notification referenced in subsection (b) of this Code section shall
require parents or guardians to provide written permission for a student to join
or participate in any particular school sponsored club and any activities of
that club. Schools shall not allow students whose parents or guardians have not
provided written permission to join or participate in that school sponsored club
or any activity of that club.
(d)
No new school sponsored club may be established or operated unless the
notification required in subsections (b) and (c) of this Code section has been
provided.
(e)
The State Board of Education shall have the authority to withhold funds,
pursuant to Code Section 20-2-243, to school systems which allow a student to
participate in a school sponsored club when such
student́s
parents or guardians have not provided written
permission."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.