SUMMARY:  LC 49 0750

See also HB 888, HB 1084, and SB 375. This bill has sections for K-12, the University system, and the Technical Colleges System, and state agencies.  This bill also requires local boards to adopt a complaint resolution policy. All K-12 requirements sre for local boards and local school systems.

Each local board and each superintendent shall prohibit employees from discriminating against students and other employees based on race, skin color, or ethnicity. They shall ensure that all diversity and inclusion efforts directed to their employees shall encourage them not to judge students, other employees, or other individuals based on race, skin color, or ethnicity.

Each local board and superintendent may provide for curricula or training programs that foster learning and workplace environments where all students, employees, and school community members are respected and that promote diversity and inclusiveness, BUT no curriculum or mandatory training program whether taught or facilitated by school personnel or a third party engaged by a local board or the school system may teach, act upon, promote, or encourage divisive concepts [see below for definitions]. This shall not be construed to prohibit a school administrator, teacher, or other school personnel, or an individual facilitating a training program from responding in an objective manner and without endorsement to questions regarding specific divisive concepts raised by students, school community members, or participants in a training program. 

None of the above is to be interpreted to inhibit or violate Constitutional rights or undermine intellectual freedom or freedom of expression, to infringe upon the intellectual vitality of students and employees of local boards and school systems, to prevent a local board or school system from promoting diversity or inclusiveness if they do not conflict with the above provisions, prohibit discussion of divisive concepts as part of a larger course of instruction in an objective manner and without endorsement, to prohibit the use of curriculum that addresses topics of slavery, racial or ethnic oppression, racial or ethnic segregation, or racial or ethnic discrimination, to create any right or benefit enforceable at law or in equity by any party against a local board or school system, its employees etc., or to 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. 

Divisive concepts are defined in the bill as the following:

      One race or ethnicity is inherently superior to another race or ethnicity

      The United States and the State of Georgia are fundamentally or systemically racist

      An individual solely because of his or her race, skin color, or ethnicity is inherently racist or oppressive, whether consciously or unconsciously

      An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race, skin color, or ethnicity

      An individual's moral character is inherently determined by his or her race, skin color, or ethnicity 

      An individual, because of his or her race, skin color, or ethnicity bears responsibility for actions committed by others of the same race, skin color, or ethnicity whether past or present

      An individual should feel discomfort, guilt, anguish, or any other form of psychological distress because of his or her race, skin color, or ethnicity

      Meritocracy or traits such as a hard work ethic are racist or were created by individuals of a particular race to oppress individuals of another race

      Any other for of race or ethnic scapegoating or race or ethnic stereotyping

Race or ethnic scapegoating is defined in the bill as assigning fault, blame, or bias to a race or ethnicity, or to an individual or a particular race or ethnicity because of his or her race or ethnicity.

Race or ethnic stereotyping is defined here as ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or ethnicity, or to an individual because of his or her race or ethnicity.  

By August 1, 2022, each local board shall adopt a complaint resolution policy to address complaints alleging violations of any of the above provisions.  It must include the following:

1) Neither the school nor district is required to respond to a complaint unless it is made by one of the following

      Parent of a student enrolled at the school where the alleged violation occurred

      Student who has reached the age of majority or is an emancipated minor and enrolled at the school where the alleged violation occurred

      Individual employed as a school administrator, teacher, or other school personnel at the school where the alleged violation occurred

      District Attorney for the county in which alleged violation occurred

      Attorney General

      House Education Committee

      Senate Committee on Education & Youth

2) Complaint must first be submitted in writing to the principal and include a reasonably detailed description of the alleged violation

3) Principal or designee must review the complaint within three days of receiving it and take reasonable steps to investigate the allegations.  The principal shall decide whether the alleged violation occurred in whole or in part.

4)Within five days of receiving the complaint, unless another schedule is mutually agreed to, the principal shall confer with the complainant to inform him/her if a violation was found to have occurred and what remedial steps will be taken but maintain confidentiality of student or personnel information.

5)The principal's determination is subject to timely review by the superintendent or designee upon a written request by the complainant to the superintendent.

6)The superintendent's decision is subject to review by the local board under provisions of 20-2-1160.

Any party aggrieved by the local board's decision has the right to appeal to the State Board under 20-2-1160 

The State Board may, after hearing the appeal, withhold up to 10% of the state QBE funds alloted to the system or school. Upon withholding the funds, the Department of Education shall develop and provide a corrective action plan for the system or school to remediate each violation found to have occurred.  The allotment can be restored within 45 days of demonstrating substantial compliance with the corrective action plan.

No later than July 1, 2022, the Department of Education shall promulgate a model policy for a complaint resolution process and develop and provide guidance for districts to use.

EFFECTIVE DATE:

July 1, 2022