As a result of Georgia’s House Bill 268, there are significant new record-sharing obligations between school districts, the Department of Juvenile Justice (DJJ), law enforcement, and Regional Educational Service Agencies (RESAs). The law requires school districts to establish two separate memoranda of understanding (MOUs): one with local law enforcement agencies and another with facilities that provide educational services on-site, such as those operated or funded by DJJ. 

Both types of MOUs were required to be reviewed and updated by October 1, 2025, and districts should take immediate action to ensure their procedures and agreements are compliant.

Immediate MOU Requirements

First, the law requires certain facilities that provide educational services on-site, such as DJJ facilities or other facilities funded or operated by DJJ, to enter into MOUs with the local school district where the facility is located. These MOUs are meant to clarify the responsibilities of the facility and the district for student education and record sharing. At a minimum, they must spell out how enrollment will be counted, how funding will be allocated based on actual days of enrollment, how teachers will be employed, and how educational records will be shared between the facility and the district. 

Second, the law requires districts that assign or employ law enforcement officers in schools to update or create collaborative agreements with their local law enforcement agencies. Your district likely already has such agreements in place, but HB 268 adds new requirements. These agreements must include reporting requirements for official encounters with school-age youth and address FERPA-related provisions. They should clearly outline the responsibilities of the district and law enforcement agencies.

Action Items for School Districts

• Because the new requirements took effect on October 1, 2025, districts that have not finalized their MOUs and internal processes should do so immediately.
   
• Identify your RESA and DJJ contacts. House Bill 268 requires RESAs to participate in dispute resolution, so districts should ensure they know their point people. Share that information with your legal counsel to help coordinate communications and ensure consistency across districts. 

Our team has discussed the new requirements with DJJ to align language so that districts have a clear and consistent framework to comply with these new legal requirements. For more information, please contact us or your regular Parker Poe contact. 

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