Law / United States / 
Georgia
SB 351 (2024), school internet acceptable-use policies and technology protection measures
In force since .
An education rule binding government bodies.
- Criminal exposure
- No
- Private right of action
- No
- Enforcement body
- Georgia State Board of Education
- Audit expectation
- periodic
- Who audits it
- Regulator
- Where the report goes
- Filed with regulator
What it requires
- This section binds local governing bodies (the board of education of each local school system, the governing body of each charter school subject to Article 31 or 31A of the chapter, and the governing board of each completion special school subject to Article 31C), the Department of Education and the State Board of Education; the duties below run to them (subsection (a)(6)).
- If you are a local governing body, adopt an acceptable-use policy for your school system no later than , with provisions reasonably designed to prevent and prohibit any school equipment from being used for accessing, sending, receiving, viewing, or downloading obscene materials, child pornography, or material that is harmful to minors (subsection (b)(1)(A)).
- The policy must also set measures, including disciplinary measures, for students and school employees who intentionally violate it and measures for any other person who violates it, provide administrative procedures to enforce it and to answer each complaint in writing, and provide for expedited review of a claim that it denies access to material it does not prohibit (subsection (b)(1)(B) to (E)).
- Give parents or guardians of current students reasonable opportunities and procedures to confer and collaborate with school administrators and teachers about appropriate internet access, and each school and local school system must give a parent or guardian, on written request, a copy of the policy and information on the procedures to enforce it and to address complaints about its enforcement (subsections (b)(3) and (d)).
- Provide for the adoption, use, and routine upgrading of technology protection measures that meet or exceed the compliance standards and specifications the Department of Education establishes (subsection (c)).
- Beginning with the 2025-2026 school year, submit the policy to the State Board of Education each school year by October 15, with the identification of the technology protection measures being used to block access to material (subsection (f)(1)).
- Do not implement a revision of an approved policy until the State Board approves it; the revision may proceed if the State Board does not disapprove it within 60 days after receipt (subsection (f)(3)).
- If the State Board gives written notice of noncompliance, correct it within 30 days of receipt, a period the State Board may extend on a showing of good cause; if the State Board determines a violation, acknowledge and correct it within 30 days and develop a corrective plan (subsections (f)(2) and (g)(2)).
- If you are the Department of Education, establish by April 1 each school year, beginning with 2025-2026, compliance standards and specifications for technology protection measures that, to the extent practicable, include measures and controls for parents or guardians to supervise and manage appropriate internet access by students using a school-issued device while not on school property, not on a school bus or other school vehicle, or not at a school related function, and recommend technology protection measures for each device issued to students for off-campus use (subsection (e)(1)(A)).
- If you are the Department of Education, provide guidance and technical assistance to schools and local school systems, and develop by guidelines for training school personnel (subsection (e)(2)).
- If you are the State Board of Education, review each policy and technology protection measure submitted and any revision, and investigate and make written determinations on whether a local governing body has violated the section (subsections (f)(2) and (g)(1)).
These lines are LexLint's reading of the law's text.
What it reaches
Covered services
None directly: the duties run to local governing bodies, the Department of Education and the State Board of Education, which must adopt and enforce acceptable-use policies and technology protection measures that block obscene materials, child pornography and material harmful to minors on school equipment.
Instrument type
an act of a legislature
What record it asks for
Logging duty
Code Section 20-2-324 requires an acceptable-use policy, technology protection measures and an annual filing with the State Board of Education. It names no log or record of internet use and no retention period.
- Kind
- None
- As of
What this law does
Section 20-2-324 of the Official Code of Georgia, as revised by section 2-3 of SB 351 (2024), applies to local governing bodies, meaning the board of education of each local school system, the governing body of each charter school subject to Article 31 or 31A of the chapter, and the governing board of each completion special school subject to Article 31C of the chapter, and excludes system charter schools, conversion charter schools whose charter is not held by a nonprofit corporation, and college and career academies that are charter schools.
Each local governing body must adopt an acceptable-use policy for its school system no later than . The policy must contain provisions reasonably designed to prevent and prohibit any school equipment from being used for accessing, sending, receiving, viewing, or downloading obscene materials, child pornography, or material that is harmful to minors.
Each local governing body and local school superintendent must provide for the adoption, use, and routine upgrading of technology protection measures that meet or exceed the compliance standards and specifications the Department of Education establishes. A technology protection measure is a technology that inspects and analyzes unencrypted internet traffic for malware and that blocks or filters electronic access to obscene materials, child pornography, or material that is harmful to minors.
Beginning with the 2025-2026 school year, each local governing body must submit its acceptable-use policy to the State Board of Education each year by October 15. The Department of Education must establish compliance standards and specifications for technology protection measures each year by April 1, beginning with the 2025-2026 school year.
The Department of Education's compliance standards must, to the extent practicable, include measures and controls for parents or guardians to supervise and manage appropriate internet access by students using a school-issued computer or other electronic device while not on school property, not on a school bus or other school vehicle, or not at a school related function.
The State Board of Education may withhold a portion of the state funding allotment for a school or local school system that fails to timely submit a policy or technology protection measure, submits a policy not reasonably designed to achieve the section's requirements, is not enforcing or is substantially disregarding its policy, or is using technology protection measures that do not meet the department's standards or none at all.
The State Board of Education reviews each submitted policy and technology protection measure, and a local governing body that receives written notice of noncompliance has 30 days from receipt to correct it. SB 351 became effective on .
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