Most parents would agree that all schools should provide a safe environment for their child. Following the Apalachee High School Tragedy in 2024, the Georgia Assembly has introduced legislation to enhance school safety for all Georgia schools.

The Georgia Legislature is now moving forward with the second phase of House Bill 268, known as the “Safe Schools Act.”

However, the bill’s title only scratches the surface of its impact. HB 268 modifies 22 state laws and includes an amendment to the Georgia Parents’ Bill of Rights, granting government agencies access to private information about students and their families.

The Georgia Parents’ Bill of Rights was just passed by the Georgia General Assembly three years ago on April 1, 2022! April Fool’s Day? 

HB 268’s goal is to analyze and identify individuals deemed a “concern” by the government. The data collected could include students’ education records, financial information, health records, special education records, and psychological evaluations. It could also include mental health reports and referrals for both students and their families. This information is intended to be shared with at least 11 government agencies.

Additionally, the bill mandates that local school districts publish student discipline reports on their websites, detailing incidents by grade, age, race, sex, ethnicity, disability status, language learning status, and household income. Participation is mandatory for all Georgia public schools, including charter schools. Private schools and home study programs may opt-in if their students attend public schools at any time.

This bill introduces several alarming measures.

HB 268 establishes a statewide database and assessment system, effectively subjecting Georgia’s children to Big Brother-style surveillance. It also undermines parental rights by mandating record-sharing requirements—failure to comply could result in fines or even jail time. The bill also grants state entities broad discretion in setting assessment criteria, leaving students vulnerable to unfair targeting based on vague, state-determined behavioral standards.

HB 268 expands government control over local schools, dictating even minor safety policies, such as whether a window must be locked or if a teacher should be punished for failing to lock a classroom door.

What do the experts say?

Freedom in Education’s well-researched Open Letter regarding the issues with HB 268 includes a deep analysis of the legislation, an Executive Summary with bullet points, and the clips of the most concerning lines in this bill. It is an easy read for the things that concern parents most. This analysis outlines how HB 268 does not measure up against constitutionally protected parental rights or the right to privacy. And it also shows how HB 268 attempts to circumvent privacy protections required by the Family Educational Records Privacy Act (FERPA), the Health Insurance Portability Accountability Act (HIPAA), and state laws protecting the privacy of one’s medical records.

Has the Georgia legislature considered unintended consequences of such a piece of legislation? Is there a better solution to address school safety in Georgia?

The Georgia Freedom Caucus recommends the Senate’s school safety package, comprised of SB 17, SB 61, and SB 179 will accomplish the goals of beefing up school safety without violating student privacy and parental rights. Please consider forwarding this article to your friends and family in Georgia and use this call to action to reach out to your state senator! The clock is ticking…

DID YOU KNOW?

Georgia already has laws in place to address many of these school safety concerns, but they need to be enforced. O.C.G.A. 20-2-764 et seq. and O.C.G.A. 20-2-1180 et seq. A few may need to be strengthened.”Chronic Disciplinary Problem Students”: 20-2-764 (definitions); 20-2-765 (notification to parents); 20-2-766 (returning from suspension or expulsion); 20-2-766.1 (proceedings against parents for failure to cooperate in educational programs and penalty). “Loitering or Disrupting Schools” O.C.G.A. 20-2-1180 (loitering on school property); 20-2-21181 (disrupting school operations; 20-2-1182 (insulting or abusing school teachers); 20-2-1183 (written agreements for law officers in schools); 20-2-1184 (reporting of student committing prohibited acts); 20-2-1185 (school safety plans and drills).

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