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Committee advances bill encouraging school access for Boy Scouts, Girl Scouts and other groups under federal "patriotic societies" list
Summary
HB198, which would require schools to facilitate access for groups listed as patriotic societies under Title 36 of the U.S. Code, received a do‑pass recommendation after committee debate highlighted constitutional limits, potential unintended scope and an 8–7 recorded vote.
A bill that would require public schools to allow access for groups identified as "patriotic societies" under Title 36 of the U.S. Code — including the Boy Scouts and Girl Scouts — received a narrow do‑pass recommendation from the House education committee. The bill was presented as HB198 (LC620116S).
The author said the bill's purpose is to "encourage schools to facilitate access for students" to youth groups such as the Boy Scouts and Girl Scouts and similar patriotic organizations. "This bill is just to encourage if there are schools out there that are not letting them participate," the sponsor said when asked why the measure was needed. The sponsor identified the Boy Scouts and Girl Scouts specifically as groups the bill aims to cover.
During questioning, committee members and legislative counsel noted a constitutional and legal complication: public schools that open their facilities to outside groups create a "limited public forum" and generally cannot exclude other groups based on viewpoint. Legislative counsel explained that if a school allows one outside group to use facilities, it may then be required to allow other groups and cannot engage in viewpoint discrimination. Committee members asked whether the bill would obligate schools to admit groups that are not youth‑oriented and whether the bill would effectively require schools to admit any group once a door was opened; counsel confirmed that could be an outcome without further limiting language.
Members sought clarity about whether any Georgia schools have denied access to scouts; the sponsor said they did not know a specific example but offered the bill to encourage access where it is currently restricted. Concerns were raised about local control, administrative burden on principals, potential advantage to certain programs over others and whether the statute’s list includes adult organizations. One member asked whether the National Education Association (NEA) would be covered; counsel confirmed the list is wide and could include groups beyond youth organizations.
A motion to give HB198 a do‑pass recommendation passed after a hand count, 8–7, according to the transcript.
