2022 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 6 - Quality Basic Education
Part 15 - Miscellaneous Provisions
§ 20-2-324.6. Complaint Resolution Policy for Materials “Harmful to minors.”

1. As used in this Code section, “harmful to minors” means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
   1. Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;
   2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
   3. Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.
2. No later than January 1, 2023, each local board of education shall adopt a complaint resolution policy for its local school system to be used to address complaints submitted by parents or permanent guardians alleging that material that is harmful to minors has been provided or is currently available to a student enrolled in the local school system who is the child of such parent or permanent guardian. The complaint resolution process shall require that:
   1. Complaints be submitted in writing to the principal of the school where the student is enrolled;
   2. Complaints shall provide a reasonably detailed description of the material that is alleged to be harmful to minors;
   3. Within seven business days of receiving a written complaint, the school principal or his or her designee review the complaint and take reasonable steps to investigate the allegations in the complaint, including, but not limited to, reviewing the material that is alleged to be harmful to minors, if it is available;
   4. The school principal or his or her designee shall determine whether the material that is the subject of the complaint is harmful to minors;
   5. The school principal or his or her designee shall determine whether student access to the material that is the subject of the complaint shall be removed or restricted;
   6. Within ten business days of receiving the complaint, unless another schedule is mutually agreed to by the parent or permanent guardian and the school principal or his or her designee, the school principal or his or her designee shall confer with the parent or permanent guardian and inform him or her whether the material that is the subject of the complaint was determined to be harmful to minors, and whether student access to such material will be removed or restricted;
   7. Appeals of the school’s principal’s or his or her designee’s determinations provided for in paragraphs (4) and (5) of this subsection shall be subject to full administrative and substantive review by the local board of education, which shall also include the ability of the parent or permanent guardian to provide input during public comment at a regularly scheduled board meeting. Unless another time frame is mutually agreed upon by the parent or permanent guardian and the local board of education, the review and final disposition of the appeal by the local board of education shall be completed within 30 calendar days of receiving the written appeal; and
   8. The title of the material submitted for appeal pursuant to paragraph (7) of this subsection that is determined by the local board of education to be not harmful to minors shall be published on the website of the local board of education within 15 business days from the date of such determination and shall remain on the website for a period of not less than 12 months. A parent or permanent guardian may request access to appealed materials that are physical in nature and accessible to their student in the student’s school media center. A parent or permanent guardian must abide by the school’s policies and procedures when requesting and reviewing such material.
3. No later than September 1, 2022, the Department of Education shall promulgate a model policy for a complaint resolution process that meets the requirements of subsection (b) of this Code section.

History. Code 1981, § 20-2-324.6 , enacted by Ga. L. 2022, p. 146, § 1/SB 226.

Effective date.

This Code section became effective July 1, 2022.