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Committee approves bill to reference 'U.S. Department of Education or its successor' in state code

2688555 · March 18, 2025
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Summary

The committee voted to advance Senate Bill 154, which adds the phrase "or its successor" to Georgia code references to the U.S. Department of Education to prepare for potential federal restructuring; the bill's trigger provisions take effect only if the federal department is eliminated.

Senator Anna Vittardee presented Senate Bill 154 to the committee, saying the measure is intended to prepare Georgia law for a possible federal reorganization of education oversight. The bill adds the phrase "or its successor" to roughly 25 statutory references to the U.S. Department of Education to avoid a legal gap if the department is disbanded.

"We don't know who the successor will be," Senator Anna Vittardee said in committee. The bill was amended in subcommittee; under the amendment Sections 1 and 2 will only take effect if Congress disbands the U.S. Department of Education. Section 3, which the sponsor described as a technical change renaming a FAFSA reference, is effective immediately.

Representative Howard and other members asked whether protections now implemented at the federal level — for example, special education services under IEPs and Section 504 — would be preserved if federal oversight changed. Matt Cardozo of the Georgia Department of Education told the committee that those protections are codified in federal statute and that Georgia also maintains State Board of Education rules that reflect the requirements. "Quick answer is yes," Matt Cardozo said when asked whether protections were reflected in Georgia rules; he added that the Department had recently received a notice from the U.S. Department of Education but was not aware of immediate changes to special education program structures.

Committee members moved and seconded a do-pass recommendation. The committee approved the do-pass motion and advanced the bill; the sponsor said she would discuss House carriage offline but did not name a House carrier in committee.