Georgia HB 888: Education; treatment of race and other individual traits and beliefs; add new statutes and amend various existing statutes

Bill Text

22 LC 49 0646
H. B. 888
- 1 -
House Bill 888
By: Representatives Thomas of the 21
st, Jasperse of the 11
th, Wade of the 9
th, Carson of the
46
th, Powell of the 32
nd, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to1
add new statutes and amend various existing statutes to include provisions regarding the2
treatment of race and other individual traits and beliefs in public education in this state; to3
prohibit state agencies, local boards of education, or public elementary or secondary school4
administrators, teachers, or other personnel from compelling any individual to affirm, adopt,5
adhere to, profess, or promote concepts in violation of certain federal and state6
anti-discrimination laws; to prohibit the inclusion of certain concepts in courses offered in7
public elementary and secondary schools of this state; to provide for the promotion and8
protection of the intellectual freedom of students, faculty, and other personnel at public9
postsecondary educational institutions in this state; to provide for a complaint resolution10
policy and process; to provide for legislative findings and intent; to provide for definitions;11
to provide for penalties; to provide for remedies; to provide for statutory construction; to12
provide for conforming changes; to provide for related matters; to repeal conflicting laws;13
and for other purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15

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SECTION 1.16
(a) The General Assembly recognizes:17
(1) The First Amendment of the United States Constitution and Article I, Section I,18
Paragraph V of the Georgia Constitution protect freedom of speech by prohibiting laws19
abridging, curtailing, or restraining free speech;20
(2) The Fourteenth Amendment of the United States Constitution and Article I, Section I,21
Paragraph II of the Georgia Constitution provide that no person shall be denied the equal22
protection of the laws; and23
(3) No provision in the United States Constitution or the Georgia Constitution enables24
either the United States government or the government of this state to compel persons to25
affirm, adopt, adhere to, profess, or promote specific beliefs.26
(b) The General Assembly finds:27
(1) Slavery, racial discrimination under the law, and racism in general are so inconsistent28
with the founding principles of the United States that Americans fought a civil war to29
eliminate the first, waged long-standing political campaigns to eradicate the second, and30
rendered the third unacceptable in the court of public opinion, all of which dispels the idea31
that the United States and its institutions are systemically racist and confutes the notion that32
slavery, racial discrimination under the law, and racism should be at the center of public33
elementary, secondary, and postsecondary educational institutions;34
(2) Democratic societies built on the ideals of individual freedom and the self-driven35
pursuit of prosperity with a dedication to equal opportunity for all will thrive in perpetuity,36
while societies built on the false promises of equity and equal outcomes for all have37
consistently ended in failed states; and38
(3) Americans should be allowed, in the words of civil rights activist Robert Woodson, "an39
aspirational and inspirational take on America's history, debunking the misguided argument40
that the present-day problems of black Americans are caused by the injustices of past41
failures, such as slavery." 42

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(c) It is the intent of the General Assembly:43
(1) That the State Board of Education, the Department of Education, the State Charter44
Schools Commission, local boards of education, and administrators, teachers, and other45
personnel of the public elementary and secondary schools of this state maintain policies in46
accordance with Title IV and Title VI of the Civil Rights Act of 1964, Title IX of the47
federal Education Amendments of 1972, Code Section 20-2-131, and Code48
Section 20-2-315; and49
(2) To promote and protect the intellectual freedom of students, faculty, and other50
personnel at postsecondary educational institutions of this state which receive in any51
manner funds from the state.52
SECTION 2.53
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in54
Article 1 of Chapter 1, relating to general provisions regarding education, by adding two new55
Code sections to read as follows:56
"20-1-11.57
(a) As used in this Code section, the term:58
(1) 'Primary instructional material' shall include instructional materials and content, as59
defined by the State Board of Education pursuant to Code Section 20-2-1010, and locally60
approved instructional materials and content, as defined in subsection (a) of61
Code Section 20-2-1017.62
(2) 'Supplementary or ancillary material' means material that is not primary instructional63
material and is included, or