Section 20-2-324 - [Effective 7/1/2025] Internet acceptable-use policies required in all public schools; minimum policy requirements; policy enforcement; technology protection measures required; policy compliance review, approval, and enforcement by State Board of Education; waivers prohibited(a) As used in this Code section, the term: (1) "Acceptable-use policy" means a policy for internet use adopted by a local board of education or appropriate school governing body that meets the requirements of this Code section.(2) "Child pornography" means any visual depiction, including any live performance, photograph, film, video, picture, or computer or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, as such term is defined in Code Section 16-12-100, when: (A) The production of the visual depiction involves a minor engaging in sexually explicit conduct;(B) The visual depiction is of a minor engaging in sexually explicit conduct; or(C) The visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. (3) "Harmful to minors" means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when:(A) Taken as a whole, it predominantly appeals to the prurient, shameful, or morbid interest of minors;(B) It is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and(C) Taken as a whole, it is lacking in serious literary, artistic, political, or scientific value for minors.(4) "Identifiable minor" means a person: (A)(i) Who was a minor at the time the visual depiction was created, adapted, or modified; or(ii) Whose image as a minor was used in creating, adapting, or modifying the visual depiction; and(B) Who is recognizable as an actual person by such person's face, likeness, or other distinguishing physical characteristic or other recognizable physical feature.(5) "Internet" means the global information system that is logically linked together by a globally unique address space based on the internet protocol or its subsequent extensions; that is able to support unencrypted communications using the transmission control protocol/internet protocol (TCP/IP) suite, its subsequent extensions, or other internet protocol compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, high level services layered on such communications and related infrastructure. (6) "Local governing body" means the board of education of each local school system, the governing body of each charter school subject to the provisions of Article 31 or 31A of this chapter, and the governing board of each completion special school subject to the provisions of Article 31C of this chapter. Such term shall not include system charter schools, as defined in Code Section 20-2-2062; conversion charter schools, as defined in Code Section 20-2-2062, whose charter is not held by a nonprofit corporation; and college and career academies that are charter schools.(7) "Obscene material" means material which meets the following requirements:(A) To the average person, applying contemporary community standards, taken as a whole, the material predominantly appeals or panders to prurient interest in nudity, sex, or excretion;(B) The material, taken as a whole, lacks serious literary, artistic, political, or scientific value; and(C) The material depicts or describes in a patently offensive way sexual conduct as follows: (i) Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated;(ii) Acts of masturbation;(iii) Acts involving excretory functions or lewd exhibition of the genitals;(iv) Acts of bestiality or the fondling of sex organs of animals; or(v) Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship. (8) "School equipment" means any computer or computer networking equipment, technology or technology related device or service, or communication system or service that is operated, owned, leased, and made available to students by a local board of education, local school system, or public school and that is used for transmitting, receiving, accessing, viewing, hearing, downloading, recording, or storing electronic communication.(9) "Technology protection measure" means 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.(b)(1) No later than October 1, 2025, each local governing body shall adopt an acceptable-use policy for its school system. At a minimum, an acceptable-use policy shall contain provisions which are reasonably designed to:(A) 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;(B) Establish appropriate measures to be taken by the school or local school system in response to: (i) Students and school employees who intentionally violate the acceptable-use policy, whether or not such student or school employee was, at the time of such violation, on school property, on a school bus or other school vehicle, at a school related function, or elsewhere, provided that such measures include disciplinary measures; and(ii) Any person who is not a student or school employee who violates the acceptable-use policy, whether or not such person was, at the time of such violation, on school property, on a school bus or other school vehicle, at a school related function, or elsewhere;(C) Provide for administrative procedures to enforce the acceptable-use policy;(D) Provide for administrative procedures to address complaints regarding possible violations of the acceptable-use policy which, at a minimum, require that each complaint is responded to in writing by an appropriate school or local school system official; and(E) Provide for expedited review and resolution of a claim that the application of the acceptable-use policy is denying a student or school employee access to material that is not within the prohibitions of the acceptable-use policy.(2) The acceptable-use policy provided for in paragraph (1) of this subsection may include terms, conditions, and requirements deemed appropriate by the local governing body to differentiate acceptable uses among elementary, middle, and high school students and among different age groups; provided, however, that any local governing body that authorizes such differentiation shall articulate in its acceptable-use policy the rationale for each method of differentiation included in such acceptable-use policy.(3) Each local governing body shall provide reasonable opportunities and procedures for parents or guardians of current students to confer and collaborate with school administrators and teachers regarding appropriate internet access for such students.(c) Each local governing body and local school superintendent shall take such steps as are necessary and appropriate to implement and enforce the acceptable-use policy, which shall include, but shall not be limited to, providing for the adoption, use, and routine upgrading of technology protection measures which meet or exceed compliance standards and specifications established by the department. (d) Each school and local school system shall provide, upon written request of a parent or guardian, a copy of the acceptable-use policy adopted pursuant to subsection (b) of this Code section and information regarding the administrative procedures in effect to enforce such acceptable-use policy and to address complaints about such enforcement.(e)(1)(A) Beginning with the 2025-2026 school year and each school year thereafter, by April 1, the department shall establish compliance standards and specifications for technology protection measures to be used by schools and local school systems. To the extent practicable, such compliance standards and specifications for technology protection measures shall include measures and controls for parents or guardians of current students to supervise and manage appropriate internet access by such students who are 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. In addition to establishing such compliance standards and specifications, the department shall recommend technology protection measures to be installed by schools and local school systems on each computer or other electronic device issued to students for off-campus use.(B) The department is authorized, in collaboration with the Department of Administrative Services, to identify a nonexclusive list of providers of technology protection measures that meet or exceed such standards and specifications; provided, however, that the department shall no less than annually require each such provider to verify that the technology protection measures it provides meet or exceed such standards and specifications. The department is authorized to provide information to schools and local school systems regarding state contracts with such providers of technology protection measures. The department shall prioritize the identification of providers of technology protection measures that include parental measures and controls as provided for in subparagraph (A) of this paragraph.(2)(A) The department shall provide guidance and technical assistance to assist schools and local school systems in complying with the requirements of this Code section.(B) No later than December 1, 2025, the department shall develop guidelines for the training of school personnel. The training guidelines shall include instruction in: (i) Implementing and complying with acceptable-use policies required by this Code section;(ii) Basic cyber security issues pertinent to schools, students, and educators, including, but not limited to, phishing and multifactor authentication; and(iii) Other current and emerging issues and topics which address the safe and secure use of technology by students and educators. (f)(1) Beginning with the 2025-2026 school year and each school year thereafter, by October 15, each local governing body shall submit a copy of the acceptable-use policy adopted pursuant to subsection (b) of this Code section to the State Board of Education. Such submission shall also include the identification of the technology protection measures that are being used to block access to material in accordance with subsection (c) of this Code section.(2) The State Board of Education shall review each acceptable-use policy and technology protection measure and any subsequent revisions submitted pursuant to paragraph (3) of this subsection. If the state board determines after review that a policy, technology protection measure, or revision is not reasonably designed to achieve the requirements of this Code section, the state board shall provide written notice to the local governing body explaining the nature of such noncompliance, and the local governing body shall have 30 days from the receipt of written notice to correct such noncompliance. The state board may provide an extension to the 30 day period on a showing of good cause.(3) No revision of an acceptable-use policy submission which has been approved by the state board pursuant to paragraph (2) of this subsection shall be implemented until such revision is approved by the state board. If the state board fails to disapprove the revision within 60 days after the submission is received, the local governing body may proceed with the implementation of the revision.(4) The state board shall be authorized to withhold a portion of the state funding allotment for a school or local school system that: (A) Fails to timely submit an acceptable-use policy or technology protection measure in accordance with paragraph (1) of this subsection;(B) Submits an acceptable-use policy that is not reasonably designed to achieve the requirements of this Code section; (C) Is not enforcing or is substantially disregarding its acceptable-use policy;(D) Is using technology protection measures which do not meet or exceed standards and specifications established by the department to block access to material in accordance with subsection (c) of this Code section; or(E) Is not using any technology protection measures to block access to material in accordance with subsection (c) of this Code section.(5) If the state board disapproves an acceptable-use policy or any revision thereof or notifies a local governing body that it is subject to the withholding of funding pursuant to paragraph (4) of this subsection, the local governing body may appeal the decision to the superior court of the county where such local governing body is situated.(g)(1) The state board shall be responsible for conducting investigations and making written determinations as to whether a local governing body has violated the requirements of this Code section.(2) If the state board determines that a local governing body is in violation of the requirements of this Code section, it shall direct such local governing body to acknowledge and correct the violation within 30 days and to develop a corrective plan for preventing future recurrences.(h)(1) Notwithstanding any other provision of this Code section to the contrary, an administrator or supervisor of a school or local school system, or designee thereof, may disable the technology protection measure that is being used to block access to material or take other reasonable steps for an adult or for a minor who provides written consent from his or her parent or guardian to enable access to the internet for bona fide research or other lawful purpose.(2) Nothing in paragraph (1) of this subsection shall be construed to permit any person to have access to material the character of which is illegal under federal or state law.(i) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82for a strategic waivers school system, Code Section 20-2-2063.2 or 20-2-2065for a charter system, Code Section 20-2-2065for a charter school, Code Section 20-2-2096.3for a completion special school, or Code Section 20-2-244. Amended by 2024 Ga. Laws 463,§ 2-3, eff. 7/1/2025.Added by 2006 Ga. Laws 600,§ 2, eff. 7/1/2006.This section is set out more than once due to postponed, multiple, or conflicting amendments.