Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H459 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3522 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 459
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David F. DeCoste, (BY REQUEST)
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to creating statutes relating to requiring school boards to make information about
13	13	learning materials and educational activities used for pupil instruction available to the public.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Les Molyneaux1/20/2023 1 of 8
17	17	HOUSE DOCKET, NO. 3522 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 459
19	19	By Representative DeCoste of Norwell (by request), a petition (accompanied by bill, House, No.
20	20	459) of Les Molyneaux relative to requiring school boards to make information about learning
21	21	materials and educational activities used for pupil instruction available to the public. Education.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to creating statutes relating to requiring school boards to make information about
28	28	learning materials and educational activities used for pupil instruction available to the public.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 This bill requires each Municipal School Board or Public Charter School Board to
32	32	2prominently post on the home page of its Internet site information related to learning materials
33	33	3and educational activities used in pupil instruction in the school district and any procedure or
34	34	4policy in effect that applies to the documentation, review, or approval of such learning materials
35	35	5or educational activities. Under this bill, used in pupil instruction” means that a learning material
36	36	6or educational activity is 1) assigned, distributed, or otherwise presented to pupils in a course for
37	37	7which pupils receive credit, 2) assigned, distributed, or otherwise presented to pupils if use of the
38	38	8learning material or participation in the educational activity is required by the school, 3)
39	39	9assigned, distributed, or otherwise presented to pupils and at least a majority of pupils in a grade
40	40	10level are expected to use the learning material or participate in the educational activity, 4) among
41	41	11learning materials from which pupils are required to select one or more materials, if the available
42	42	12selection of learning materials is restricted to specific titles, or 5) created by the school board or a 2 of 8
43	43	13teacher employed by the school board, including lesson plans, presentations, and videos. This
44	44	14bill requires each school board to include in its list of learning materials and educational
45	45	15activities 1) bibliographic information
46	46	16 necessary to identify each listed learning material and educational activity, 2) the full text
47	47	17or a copy of a learning material or educational activity created by the school board or a teacher
48	48	18employed by the school board, and 3) a link to curricula adoptedby the school board to comply
49	49	19with state law.
50	50	20 Under this bill, a school board must update the list of learning materials and educational
51	51	21activities at least twice each school year and must notify parents and guardians each time the list
52	52	22is updated. This bill specifies that one update must occur before the start of the school term and
53	53	23one update must occur before January 15 of the applicable school year. This bill also requires the
54	54	24school board to ensure that the
55	55	25 list remains available to the public on its Internet site for at least five years.
56	56	26 SECTION 1. PURPOSES
57	57	27 The purposes of the EDUCATE OPENLY ACT are:
58	58	28 A. To ensure that schools provide transparency in the training and instructional materials
59	59	29used in pupil instruction to promote diversity, equity, and inclusion and to give parents and
60	60	30students ready access to review such materials.
61	61	31 B. To ensure that students, teachers, administrators, and other school employees
62	62	32recognize the equality, dignity, and rights of all persons and to discourage public schools from
63	63	33teaching ideas and concepts that are contrary to this aim. 3 of 8
64	64	34 C. To ensure that public schools do not compel students to engage in political or social
65	65	35activism or advocacy.
66	66	36 D. To prevent government entities and actors from compelling students, teachers,
67	67	37administrators, and other public school employees to affirm prescribed speech or beliefs.
68	68	38 SECTION 2: TRANSPARENCY IN TRAINING AND CURRICULUM
69	69	39 A. The governing body of a public school, including public charter schools, shall ensure
70	70	40that the following information is prominently displayed on the school website in an easily
71	71	41accessible location:
72	72	42 (1). All training materials used for staff and faculty training on all matters of
73	73	43nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, or any combination of
74	74	44these concepts with other concepts.
75	75	45 (2). All instructional or curricular materials principally concerning nondiscrimination,
76	76	46diversity, equity, inclusion, race, ethnicity, sex, or bias, or any combination of these concepts
77	77	47with other concepts. Such instructional materials shall identify, at a minimum:
78	78	48 i. The title, author, organization, and any website associated with each material and
79	79	49activity;
80	80	50 ii. A brief description of the instructional material;
81	81	51 iii. A link to the instructional material, if publicly available on the Internet, or
82	82	52information on how to request review of a copy of the instructional material; and
83	83	53 iv. The identity of the teacher, if the instructional material was created by the teacher. 4 of 8
84	84	54 (3) Any procedures for the documentation, review, or approval of the training,
85	85	55instructional, or curricular materials used for staff and faculty training or student instruction at
86	86	56the school, including by the principal, curriculum administrators, or other teachers.
87	87	57 (4) Nothing in this subsection shall be construed to require the digital reproduction or
88	88	58posting of copies of the instructional materials themselves, where such reproduction would
89	89	59infringe upon copyrighted material; but in such cases, original materials should still be linked, if
90	90	60possible, or provided upon request, as required under subsection (2)(iii) of this section.
91	91	61 B. The information required by subsection (A) of this section shall be displayed online
92	92	62prior to the first instance of training or instruction, or, at latest, seven days after the training or
93	93	63instruction. Such information shall remain displayed on the school website for at least two years.
94	94	64 C. A school whose governing board is responsible for the operation of schools with fewer
95	95	65than (10) students cumulatively is not required to post a list of learning materials and activities
96	96	66pursuant to this section.
97	97	67 D. The attorney general or the district or county attorney for the district or county in
98	98	68which an alleged violation of this section occurs may initiate a suit in the district or county court
99	99	69in the jurisdiction in which the school district, public school, public charter school, or other
100	100	70governmental entity responsible for the oversight of public secondary or elementary schools is
101	101	71located for the purpose of complying with this section. [The legislature can, in addition to
102	102	72injunctive relief, specify a fine or penalty according to state
103	103	73 law.] 5 of 8
104	104	74 E. An attorney acting on behalf of a school district, public school, public charter school,
105	105	75or governmental entity responsible for the oversight of public secondary or elementary schools
106	106	76may request a legal opinion of the county or district attorney or the attorney general as to
107	107	77whether a particular piece of training, instructional, or curricular material fits under this
108	108	78subsection.
109	109	79 SECTION 3: CONTROLLING STATE SCHOOL CURRICULUM, PROTECTING
110	110	80AGAINST COMPELLED SPEECH, AND PERMITTING INDIVIDUAL OPT-OUTS
111	111	81 A. No school district, public school, or governmental entity responsible for the oversight
112	112	82of public secondary or elementary schools, including public charter schools only with respect to
113	113	83subsection (A)(2) of this section, shall:
114	114	84 (1) Permit teachers or administrators to require or make part of a course or award a grade
115	115	85or course credit, including extra credit, for:
116	116	86 i. A student’s political activism, lobbying, or efforts to persuade members of the
117	117	87legislative or executive branch at the federal, state, or local level to take specific actions by direct
118	118	88communication; or
119	119	89 ii. Participation in any internship, practicum, or similar activity involving social or
120	120	90public-policy advocacy.
121	121	91 (2) Direct or otherwise compel a teacher, administrator, or student personally to affirm,
122	122	92adopt, or adhere to any belief or concept that:i. The United States, the Commonwealth of
123	123	93Massachusetts or any other state or
124	124	94 commonwealth within the United States is fundamentally or irredeemably racist or sexist; 6 of 8
125	125	95 ii. An individual, by virtue of sex, race, ethnicity, religion, color, or national origin, is
126	126	96inherently racist, sexist, or oppressive, whether consciously or unconsciously;
127	127	97 iii. An individual, by virtue of sex, race, ethnicity, religion, color, or national origin,
128	128	98should be blamed for actions committed in the past by other members of the same sex, race,
129	129	99ethnicity, religion, color, or national origin; or iv. An individual’s moral character is necessarily
130	130	100determined, in whole or in part, by his or her sex, race, ethnicity, religion, color, or national
131	131	101origin.
132	132	102 (3) Use public funds to contract with, hire, or otherwise engage speakers, consultants,
133	133	103diversity trainers, and other persons:
134	134	104 i. To engage students, teachers, administrators, and other employees in activism or
135	135	105advocacy as described in subsection (A)(1) of this section;
136	136	106 ii. To direct or otherwise compel a teacher, administrator, or student personally to affirm,
137	137	107adopt, or adhere to any belief or concept described in subsection (A)(2) of this section; or
138	138	108 iii. To advocate concepts described in subsection (A)(2) of this section, unless:
139	139	109 a. The school expressly makes clear that it does not sponsor, approve, or endorse such
140	140	110concepts or materials; and,
141	141	111 b. The school affords students, teachers, administrators, and other employees the
142	142	112opportunity to opt out of any speeches by or sessions with such outside contractors, as specified
143	143	113under subsection (B) of this section.
144	144	114 B. No school district, public school, or governmental entity responsible for the oversight
145	145	115of public secondary or elementary schools may require a student, teacher, administrator, or other 7 of 8
146	146	116employee of a school district, or public school to attend or participate in a training, seminar,
147	147	117continuing education, orientation, or therapy that promotes any concept described in subsection
148	148	118(A)(2) of this section or any combination of these concepts.
149	149	119 Public charter schools are excluded from this subsection, except as otherwise constrained
150	150	120by subsection (A)(2).
151	151	121 C. Nothing in this section shall be construed as prohibiting:
152	152	122 (1) Speech protected by the First Amendment of the U.S. Constitution or [Art. # of the
153	153	123 State Constitution];
154	154	124 (2) Voluntary attendance in a training session, seminar, continuing education, orientation,
155	155	125or therapy, provided that no inducement or coercion for such attendance exists;
156	156	126 (3) Access to sources on an individual basis that advocate concepts described in
157	157	127subsection (A)(2) of this section for the purpose of research or independent study; or
158	158	128 (4) Discussion of concepts described in subsection (A)(2) of this section or the
159	159	129assignment of materials that incorporate such concepts for educational purposes, provided that
160	160	130the public school expressly makes clear that it does not sponsor, approve, or endorse such
161	161	131concepts or materials.
162	162	132 D. The attorney general or the district or county attorney for the district or county in
163	163	133which an alleged violation of this section occurs may initiate a suit in the district or county court
164	164	134in the jurisdiction in which the school district, public school, public charter school, or
165	165	135governmental entity responsible for the oversight of public secondary or elementary schools is
166	166	136located for the purpose of complying with this section. 8 of 8
167	167	137 E. An attorney acting on behalf of a school district, public school, public charter school,
168	168	138or governmental entity responsible for the oversight of public secondary or elementary schools
169	169	139may request a legal opinion of the county or district attorney or the attorney general as to
170	170	140whether a proposed use of school resources would violate this section.
171	171	141 SECTION 4: ENFORCEMENT
172	172	142 A. This bill allows a school district resident to bring an action in the appropriate court to
173	173	143compel a school board to comply with the requirements created in this bill.
174	174	144 Under this bill, the court must award reasonable attorneys fees, up to $15,000, to the
175	175	145school district resident if he or she prevails in the action.
176	176	146 SECTION 5: SEVERABILITY
177	177	147 A. The provisions of this act are hereby declared to be severable. If any provision of this
178	178	148act or the application of such provision to any person or circumstance is declared or held to be
179	179	149invalid for any reason, such declaration or holding shall not affect the validity of the remaining
180	180	150portions of this act and the application of its provisions to any other persons or circumstances.