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HOUSE DOCKET, NO. 3522 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 459
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
David F. DeCoste, (BY REQUEST)
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to creating statutes relating to requiring school boards to make information about
learning materials and educational activities used for pupil instruction available to the public.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Les Molyneaux1/20/2023 1 of 8
HOUSE DOCKET, NO. 3522 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 459
By Representative DeCoste of Norwell (by request), a petition (accompanied by bill, House, No.
459) of Les Molyneaux relative to requiring school boards to make information about learning
materials and educational activities used for pupil instruction available to the public. Education.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to creating statutes relating to requiring school boards to make information about
learning materials and educational activities used for pupil instruction available to the public.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 This bill requires each Municipal School Board or Public Charter School Board to
2prominently post on the home page of its Internet site information related to learning materials
3and educational activities used in pupil instruction in the school district and any procedure or
4policy in effect that applies to the documentation, review, or approval of such learning materials
5or educational activities. Under this bill, used in pupil instruction” means that a learning material
6or educational activity is 1) assigned, distributed, or otherwise presented to pupils in a course for
7which pupils receive credit, 2) assigned, distributed, or otherwise presented to pupils if use of the
8learning material or participation in the educational activity is required by the school, 3)
9assigned, distributed, or otherwise presented to pupils and at least a majority of pupils in a grade
10level are expected to use the learning material or participate in the educational activity, 4) among
11learning materials from which pupils are required to select one or more materials, if the available
12selection of learning materials is restricted to specific titles, or 5) created by the school board or a 2 of 8
13teacher employed by the school board, including lesson plans, presentations, and videos. This
14bill requires each school board to include in its list of learning materials and educational
15activities 1) bibliographic information
16 necessary to identify each listed learning material and educational activity, 2) the full text
17or a copy of a learning material or educational activity created by the school board or a teacher
18employed by the school board, and 3) a link to curricula adoptedby the school board to comply
19with state law.
20 Under this bill, a school board must update the list of learning materials and educational
21activities at least twice each school year and must notify parents and guardians each time the list
22is updated. This bill specifies that one update must occur before the start of the school term and
23one update must occur before January 15 of the applicable school year. This bill also requires the
24school board to ensure that the
25 list remains available to the public on its Internet site for at least five years.
26 SECTION 1. PURPOSES
27 The purposes of the EDUCATE OPENLY ACT are:
28 A. To ensure that schools provide transparency in the training and instructional materials
29used in pupil instruction to promote diversity, equity, and inclusion and to give parents and
30students ready access to review such materials.
31 B. To ensure that students, teachers, administrators, and other school employees
32recognize the equality, dignity, and rights of all persons and to discourage public schools from
33teaching ideas and concepts that are contrary to this aim. 3 of 8
34 C. To ensure that public schools do not compel students to engage in political or social
35activism or advocacy.
36 D. To prevent government entities and actors from compelling students, teachers,
37administrators, and other public school employees to affirm prescribed speech or beliefs.
38 SECTION 2: TRANSPARENCY IN TRAINING AND CURRICULUM
39 A. The governing body of a public school, including public charter schools, shall ensure
40that the following information is prominently displayed on the school website in an easily
41accessible location:
42 (1). All training materials used for staff and faculty training on all matters of
43nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, or any combination of
44these concepts with other concepts.
45 (2). All instructional or curricular materials principally concerning nondiscrimination,
46diversity, equity, inclusion, race, ethnicity, sex, or bias, or any combination of these concepts
47with other concepts. Such instructional materials shall identify, at a minimum:
48 i. The title, author, organization, and any website associated with each material and
49activity;
50 ii. A brief description of the instructional material;
51 iii. A link to the instructional material, if publicly available on the Internet, or
52information on how to request review of a copy of the instructional material; and
53 iv. The identity of the teacher, if the instructional material was created by the teacher. 4 of 8
54 (3) Any procedures for the documentation, review, or approval of the training,
55instructional, or curricular materials used for staff and faculty training or student instruction at
56the school, including by the principal, curriculum administrators, or other teachers.
57 (4) Nothing in this subsection shall be construed to require the digital reproduction or
58posting of copies of the instructional materials themselves, where such reproduction would
59infringe upon copyrighted material; but in such cases, original materials should still be linked, if
60possible, or provided upon request, as required under subsection (2)(iii) of this section.
61 B. The information required by subsection (A) of this section shall be displayed online
62prior to the first instance of training or instruction, or, at latest, seven days after the training or
63instruction. Such information shall remain displayed on the school website for at least two years.
64 C. A school whose governing board is responsible for the operation of schools with fewer
65than (10) students cumulatively is not required to post a list of learning materials and activities
66pursuant to this section.
67 D. The attorney general or the district or county attorney for the district or county in
68which an alleged violation of this section occurs may initiate a suit in the district or county court
69in the jurisdiction in which the school district, public school, public charter school, or other
70governmental entity responsible for the oversight of public secondary or elementary schools is
71located for the purpose of complying with this section. [The legislature can, in addition to
72injunctive relief, specify a fine or penalty according to state
73 law.] 5 of 8
74 E. An attorney acting on behalf of a school district, public school, public charter school,
75or governmental entity responsible for the oversight of public secondary or elementary schools
76may request a legal opinion of the county or district attorney or the attorney general as to
77whether a particular piece of training, instructional, or curricular material fits under this
78subsection.
79 SECTION 3: CONTROLLING STATE SCHOOL CURRICULUM, PROTECTING
80AGAINST COMPELLED SPEECH, AND PERMITTING INDIVIDUAL OPT-OUTS
81 A. No school district, public school, or governmental entity responsible for the oversight
82of public secondary or elementary schools, including public charter schools only with respect to
83subsection (A)(2) of this section, shall:
84 (1) Permit teachers or administrators to require or make part of a course or award a grade
85or course credit, including extra credit, for:
86 i. A student’s political activism, lobbying, or efforts to persuade members of the
87legislative or executive branch at the federal, state, or local level to take specific actions by direct
88communication; or
89 ii. Participation in any internship, practicum, or similar activity involving social or
90public-policy advocacy.
91 (2) Direct or otherwise compel a teacher, administrator, or student personally to affirm,
92adopt, or adhere to any belief or concept that:i. The United States, the Commonwealth of
93Massachusetts or any other state or
94 commonwealth within the United States is fundamentally or irredeemably racist or sexist; 6 of 8
95 ii. An individual, by virtue of sex, race, ethnicity, religion, color, or national origin, is
96inherently racist, sexist, or oppressive, whether consciously or unconsciously;
97 iii. An individual, by virtue of sex, race, ethnicity, religion, color, or national origin,
98should be blamed for actions committed in the past by other members of the same sex, race,
99ethnicity, religion, color, or national origin; or iv. An individual’s moral character is necessarily
100determined, in whole or in part, by his or her sex, race, ethnicity, religion, color, or national
101origin.
102 (3) Use public funds to contract with, hire, or otherwise engage speakers, consultants,
103diversity trainers, and other persons:
104 i. To engage students, teachers, administrators, and other employees in activism or
105advocacy as described in subsection (A)(1) of this section;
106 ii. To direct or otherwise compel a teacher, administrator, or student personally to affirm,
107adopt, or adhere to any belief or concept described in subsection (A)(2) of this section; or
108 iii. To advocate concepts described in subsection (A)(2) of this section, unless:
109 a. The school expressly makes clear that it does not sponsor, approve, or endorse such
110concepts or materials; and,
111 b. The school affords students, teachers, administrators, and other employees the
112opportunity to opt out of any speeches by or sessions with such outside contractors, as specified
113under subsection (B) of this section.
114 B. No school district, public school, or governmental entity responsible for the oversight
115of public secondary or elementary schools may require a student, teacher, administrator, or other 7 of 8
116employee of a school district, or public school to attend or participate in a training, seminar,
117continuing education, orientation, or therapy that promotes any concept described in subsection
118(A)(2) of this section or any combination of these concepts.
119 Public charter schools are excluded from this subsection, except as otherwise constrained
120by subsection (A)(2).
121 C. Nothing in this section shall be construed as prohibiting:
122 (1) Speech protected by the First Amendment of the U.S. Constitution or [Art. # of the
123 State Constitution];
124 (2) Voluntary attendance in a training session, seminar, continuing education, orientation,
125or therapy, provided that no inducement or coercion for such attendance exists;
126 (3) Access to sources on an individual basis that advocate concepts described in
127subsection (A)(2) of this section for the purpose of research or independent study; or
128 (4) Discussion of concepts described in subsection (A)(2) of this section or the
129assignment of materials that incorporate such concepts for educational purposes, provided that
130the public school expressly makes clear that it does not sponsor, approve, or endorse such
131concepts or materials.
132 D. The attorney general or the district or county attorney for the district or county in
133which an alleged violation of this section occurs may initiate a suit in the district or county court
134in the jurisdiction in which the school district, public school, public charter school, or
135governmental entity responsible for the oversight of public secondary or elementary schools is
136located for the purpose of complying with this section. 8 of 8
137 E. An attorney acting on behalf of a school district, public school, public charter school,
138or governmental entity responsible for the oversight of public secondary or elementary schools
139may request a legal opinion of the county or district attorney or the attorney general as to
140whether a proposed use of school resources would violate this section.
141 SECTION 4: ENFORCEMENT
142 A. This bill allows a school district resident to bring an action in the appropriate court to
143compel a school board to comply with the requirements created in this bill.
144 Under this bill, the court must award reasonable attorneys fees, up to $15,000, to the
145school district resident if he or she prevails in the action.
146 SECTION 5: SEVERABILITY
147 A. The provisions of this act are hereby declared to be severable. If any provision of this
148act or the application of such provision to any person or circumstance is declared or held to be
149invalid for any reason, such declaration or holding shall not affect the validity of the remaining
150portions of this act and the application of its provisions to any other persons or circumstances.