Missouri 2025 2025 Regular Session

Missouri Senate Bill SB115 Introduced / Bill

Filed 12/06/2024

                     
FIRST REGULAR SESSION 
SENATE BILL NO. 115 
103RD GENERAL ASSEMBLY  
INTRODUCED BY SENATOR BRATTIN. 
0741S.01I 	KRISTINA MARTIN, Secretary  
AN ACT 
To amend chapters 160, 161, and 167, RSMo, by adding thereto four new sections relating to 
elementary and secondary education. 
 
Be it enacted by the General Assembly of the State of Missouri, as follows: 
     Section A.  Chapters 160, 161, and 167, RSMo, are amended 1 
by adding thereto four new sections, to be known as sections 2 
160.2550, 161.856, 161.1140, and 167.177, to read as follows:3 
     160.2550.  1.  As used in this section, the term 1 
"divisive concepts" shall mean concepts that promote t he  2 
following ideas: 3 
     (1)  One race or sex is inherently superior to another 4 
race or sex; 5 
     (2)  The United States is fundamentally racist or 6 
sexist; 7 
     (3)  An individual, by virtue of his or her race or 8 
sex, is inherently racist, sexist, or o ppressive, whether 9 
consciously or unconsciously; 10 
     (4)  An individual should be discriminated against or 11 
receive adverse treatment solely or partly because of his or 12 
her race or sex; 13 
     (5)  Members of one race or sex cannot avoid treating 14 
others differently with respect to race or sex; 15 
     (6)  An individual's moral character is necessarily 16 
determined by his or her race or sex; 17   SB 115 	2 
     (7)  An individual, by virtue of his or her race or 18 
sex, bears responsibility for actions committed in the past 19 
by other members of the same race or sex; 20 
     (8)  Any individual should feel discomfort, guilt, 21 
anguish, or any other form of psychological distress on 22 
account of his or her race or sex; 23 
     (9)  Meritocracy or traits such as a strong work ethic 24 
are racist or sexist, or were created by a particular race 25 
to oppress another race; 26 
     (10)  Ideas that promote any form of race or sex 27 
stereotyping, including ascribing character traits, values, 28 
moral and ethical codes, privileges, status, or beliefs to a  29 
race, sex, or an individual because of his or her race or 30 
sex; or 31 
     (11)  Ideas that promote any form of race or sex 32 
scapegoating, including assigning fault, blame, or conscious 33 
or unconscious bias to one or more members of a race or sex 34 
and including claims that, consciously or unconsciously, any 35 
person is inherently racist, sexist, or inclined to oppress 36 
others by virtue of his or her race or sex. 37 
     2.  School districts are prohibited from the following: 38 
     (1)  Teaching about The 1619 Pr oject initiative of The 39 
New York Times or any successor theory or concept, critical 40 
race theory or any successor theory or concept, any divisive 41 
concepts, or any successor concepts or theories 42 
substantially similar to The 1619 Project initiative of The  43 
New York Times or critical race theory; 44 
     (2)  Implementing training or orientation for teachers 45 
or staff that involves racial stereotyping or that seeks to 46 
assign blame to individuals based on race or sex; 47   SB 115 	3 
     (3)  Creating projects or assignments that compel  48 
students to lobby or engage in political activism on behalf 49 
of a specific policy or social issue; 50 
     (4)  Forcing teachers to discuss a current 51 
controversial topic of public policy or any particular 52 
social issues.  If a teacher does choo se to teach such  53 
topics, the teaching shall be done with an aim to teach the 54 
issue from both sides and without showing preference or 55 
deference to one perspective; 56 
     (5)  Enforcing policies at schools that prevent 57 
students from engaging in and discus sing concepts and topics 58 
of traditional American history such as founding documents 59 
and the founding fathers. 60 
     3.  In adopting the essential knowledge and skills for 61 
the social studies curriculum for each grade level from 62 
kindergarten through grade twelve, each school district 63 
shall adopt essential knowledge and skills that develop each 64 
student's civic knowledge, including: 65 
     (1)  An understanding of: 66 
     (a)  The fundamental moral, political, and intellectual 67 
foundations of the American expe riment in self-government; 68 
     (b)  The history, qualities, traditions, and features 69 
of civic engagement in the United States; 70 
     (c)  The structure, function, and processes of 71 
government institutions at the federal, state, and local 72 
levels; 73 
     (d)  The founding documents of the United States, 74 
including: 75 
     a.  The Declaration of Independence; 76 
     b.  The United States Constitution; 77 
     c.  The Federalist Papers, including Essays 10 and 51; 78   SB 115 	4 
     d.  Excerpts from Alexis de Tocqueville's Democra cy in  79 
America; 80 
     e.  The transcript of the first Lincoln -Douglas debate;  81 
and 82 
     f.  The writings of the founding fathers of the United 83 
States; and 84 
     (e)  The history and importance of: 85 
     a.  The federal Civil Rights Act of 1964, as amended; 86 
and 87 
     b.  The Thirteenth, Fourteenth, and Nineteenth 88 
Amendments to the United States Constitution; 89 
     (2)  The ability to: 90 
     (a)  Analyze and determine the reliability of 91 
information sources; 92 
     (b)  Formulate and articulate reasoned positions; 93 
     (c)  Understand the manner in which local, state, and 94 
federal governments work and operate through the use of 95 
simulations and models of governmental and democratic 96 
processes; 97 
     (d)  Actively listen and engage in civil discourse, 98 
including discourse with those with different viewpoints; 99 
     (e)  Responsibly participate as a citizen in a 100 
constitutional democracy; and 101 
     (f)  Effectively engage with governmental institutions 102 
at the local, state, and federal levels; and 103 
     (3)  An appreciation of: 104 
     (a)  The importance and responsibility of participating 105 
in civic life; 106 
     (b)  A commitment to the United States and its form of 107 
government; and 108 
     (c)  A commitment to free speech and civil discourse. 109   SB 115 	5 
     4.  School districts are prohib ited from accepting 110 
private funding for the purposes of teaching any curriculum 111 
substantially similar to critical race theory or The 1619 112 
Project initiative of The New York Times. 113 
     5.  The attorney general may investigate school 114 
districts to determine compliance with this section.  If any  115 
school district is determined to have violated the 116 
provisions of this section, such district shall have fifty 117 
percent of its state aid under chapter 163 withheld, until 118 
the district presents evidence to the dep artment of  119 
elementary and secondary education that the district is no 120 
longer in violation of this section. 121 
     161.856.  1.  This section shall be known and may be 1 
cited as the "Sunlight in Learning Act". 2 
     2.  The department of elemen tary and secondary 3 
education shall ensure that the following information is 4 
displayed on each public school and charter school website 5 
in an easily and publicly accessible location: 6 
     (1)  All instructional or training materials and 7 
activities used for staff and faculty training; 8 
     (2)  All learning materials and activities used for 9 
student instruction.  Such display of materials or 10 
activities shall identify, at a minimum: 11 
     (a)  The title, author, organization, and any website 12 
associated with each material and activity; 13 
     (b)  A link to the learning material, if publicly 14 
available on the internet; or, if not freely and publicly 15 
available, a brief description of the learning material and 16 
information on how to request review of a copy of the  17 
learning material; 18 
     (c)  If the learning material was created for non - 19 
public use, the identity of the teacher, staff member, 20   SB 115 	6 
school official, or outside presenter who created it.  Such  21 
identification may be indicated by a personal title and la st  22 
initial if referring to a teacher, staff member, or school 23 
official; 24 
     (d)  The full text or a copy of any learning materials 25 
or educational activities, including presentations, videos, 26 
and audio recordings, used for student instruction at the 27 
school, if those works were created by the school board or a 28 
teacher or staff member employed under the authority of the 29 
school board.  This section does not require the posting of 30 
academic assessments or academic tests; 31 
     (e)  If the activity involve s service-learning,  32 
internships, or collaboration with outside organizations 33 
after regular school hours for course credit, the name of 34 
the organization should be listed, along with the number of 35 
students engaged in service -learning, internships, or 36 
collaboration with that organization.  The name of the  37 
students involved shall not be posted; 38 
     (3)  Any procedures for the documentation, review, or 39 
approval of the lesson plans, training, learning, or 40 
curricular materials, or activities used for staf f and  41 
faculty training or student instruction at the school, 42 
including by the principal, curriculum administrators, or 43 
other teachers; and 44 
     (4)  At each school with a catalog or documented 45 
inventory of the resources available to students in its 46 
school library, a listing of available resources in the 47 
library. 48 
     3.  For the purposes of this section, the following 49 
terms mean: 50 
     (1)  "Activities", include, but are not limited to, 51 
assemblies, guest lectures, action -oriented civics learning 52   SB 115 	7 
assignments or projects, including the actual or simulated 53 
contacting of government officials or any requirement to 54 
advocate for or comment on a contemporary political or 55 
social issue or participate in organized political activity, 56 
social demonstrations, or other field trips or projects, 57 
service-learning, internships, or other forms of 58 
collaboration with outside organizations after regular 59 
school hours for course credit or as a class project or 60 
assignment, or other educational events facilitated by the  61 
institution's faculty or staff, including those conducted by 62 
outside individuals or organizations, excluding 63 
presentations given by students enrolled at the school; 64 
     (2)  "Learning materials", include, but are not limited 65 
to, the following: all te xtbooks, reading materials, videos, 66 
audio recordings, presentations, digital materials, 67 
websites, instructional handouts and worksheets, syllabi, 68 
and online applications for a phone, laptop, or tablet; 69 
     (3)  "Lesson plan", the daily, weekly, or othe r  70 
routinely produced guide, description, or outline of the 71 
instruction to be provided by a teacher to students at the 72 
school; 73 
     (4)  "Original materials", learning materials owned or 74 
licensed by the school district, school, charter school, 75 
faculty, or staff that are used for student instruction; 76 
     (5)  "Used for student instruction": 77 
     (a)  Assigned, distributed, or otherwise presented to 78 
students in any course for which students receive academic 79 
credit or in any educational capacity in whic h participation  80 
of the student body is required by the school or in which a 81 
majority of students in a given grade level participate; 82   SB 115 	8 
     (b)  Applies also to any materials from among which 83 
students are required to select one or more, if the 84 
available selection is restricted to specific titles. 85 
     4.  Nothing in subsection 2 of this section shall be 86 
construed to require the digital reproduction or posting of 87 
copies of the learning materials themselves, where such 88 
reproduction would infringe upon co pyrighted material; but 89 
in such cases, the school should offer a link to a publicly 90 
available website describing and offering access to the 91 
learning materials, if possible; and upon request, if the 92 
materials are not offered free of charge, provide the 93 
learning materials for public inspection, as required under 94 
paragraph (b) of subdivision (2) subsection 2 of this 95 
section, at the school building where the learning materials 96 
or activities are used for student instruction, and no later 97 
than thirty days after requested.  To the extent  98 
practicable, each school shall make any and all learning 99 
materials, including original materials, available for 100 
public inspection and allow the public to copy, scan, 101 
duplicate, or photograph portions of original materi als  102 
within the limits of "fair use" under Section 107 of the 103 
federal Copyright Act as set forth in 17 U.S.C. Section 104 
107.  Copyrighted digital learning materials shall be made 105 
available for public inspection as required under 106 
subsections 13 and 14 of this section. 107 
     5.  Subsection 2 of this section shall not require the 108 
separate reporting of individual components of learning 109 
materials that are published together as a single volume.   110 
Articles, videos, or other materials from websites that are 111 
used for student instruction should be identified, where 112 
possible, with an internet address specific to the relevant 113 
content used for student instruction. 114   SB 115 	9 
     6.  The information required by subsection 2 of this 115 
section shall be displayed online prior to the first  116 
instance of training or instruction, or, at the latest, 117 
fourteen days after the training or instruction.  Such  118 
information shall be organized by school, grade, teacher, 119 
and subject, and remain displayed on the school website for 120 
at least two years.  For privacy purposes, teachers and 121 
staff employed by the school may request that a school use a 122 
personal title and last initial in lieu of a full name.  The  123 
date of the latest modification or update to such 124 
information shall be displayed on th e same website location. 125 
     7.  To prepare and host the listing of materials and 126 
activities pursuant to subsection 2 of this section, a 127 
school: 128 
     (1)  May utilize a collaborative online document or 129 
spreadsheet software that allows multiple authoriz ed users  130 
to update or make additions to posted content on an ongoing 131 
basis, as long as a link to the listing is publicly 132 
accessible via the school website; 133 
     (2)  May satisfy the requirements of subdivision (2) of 134 
subsection 2 of this section by pos ting a copy or the full 135 
text of the lesson plans submitted to the school principal 136 
or other staff by instructors at the school in the current 137 
year, provided that the lesson plans provide equivalent 138 
detail of the learning materials and activities used f or  139 
student instruction as required by subdivision (2) of 140 
subsection 2 of this section, and that any such learning 141 
materials and activities not recorded on the lesson plans 142 
are also disclosed via a publicly accessible portion of the 143 
school website in the manner prescribed by subdivision (2) 144 
of subsection 2 of this section. 145   SB 115 	10 
     8.  The listing of materials and activities pursuant to 146 
subsection 2 of this section shall be created and displayed 147 
in searchable or sortable electronic formats. 148 
     9.  A school whose materials or activities are selected 149 
independently by instructors at a school with fewer than 150 
twenty enrolled students is not required to post a list of 151 
learning materials and activities pursuant to this section. 152 
     10.  The attorney general, commissioner of education, 153 
state auditor, prosecuting or circuit attorney for the 154 
county in which an alleged violation of this section occurs, 155 
or a resident of the school district in which an alleged 156 
violation of this section occurs, may initiate a suit in the  157 
jurisdiction in which the school district, public school, 158 
public charter school, or other governmental entity 159 
responsible for the oversight of public secondary or 160 
elementary schools is located for the purpose of complying 161 
with this section. 162 
     11.  An attorney acting on behalf of a school district, 163 
public school, public charter school, or the department of 164 
elementary and secondary education may request a legal 165 
opinion of the prosecuting attorney or the attorney general 166 
as to whether a particular piece of training, learning, or 167 
curricular material or activity fits under this section and 168 
has been disclosed in a manner complying with this section. 169 
     12.  The court which has jurisdiction over the school 170 
district or charter school may order the production of any 171 
learning materials or other materials or activities, as 172 
specified in this section, improperly withheld from the 173 
complainant.  In such a case, the court shall determine the 174 
matter de novo, and may examine the contents of suc h  175 
materials in camera to determine whether such materials or 176 
any part thereof shall be withheld.  The court may assess 177   SB 115 	11 
against the school district or charter school reasonable 178 
attorney's fees and other costs reasonably incurred in any 179 
case under this section in which the complainant has 180 
prevailed.  In the event of noncompliance with the order of 181 
the court, the court may punish for contempt the responsible 182 
official or employee.  Courts shall not entertain complaints 183 
under this section unless complai nants have first attempted 184 
to remedy the alleged noncompliance by contacting school 185 
officials, and if not resolved to the satisfaction of the 186 
complainant by school officials within fifteen days, by 187 
contacting the school board, which shall have forty -five  188 
days to resolve the alleged noncompliance. 189 
     13.  Neither the department nor the school board of a 190 
public school, including the governing body of a public 191 
charter school, nor any staff employed thereby and acting in 192 
the course of their official d uties, shall purchase or 193 
contract for copyrighted learning materials to be used for 194 
student instruction at the school, including the renewal of 195 
subscription-based materials for which students are provided 196 
individual login credentials or access via elec tronic  197 
personal devices, unless provision is made to allow parents 198 
and guardians of enrolled students to review the materials 199 
within thirty days of the submission of a written request to 200 
the school.  The means of provision shall include at least 201 
one of the following: 202 
     (1)  Providing access to the materials at the school 203 
site during the school's normal hours of operation within 204 
thirty days of written request; or 205 
     (2)  Providing temporary remote access or login 206 
credentials to at least one copy of the materials for review 207 
for at least a twenty -four-hour period following each 208   SB 115 	12 
request, not to exceed one request per item per household 209 
during each thirty-day period. 210 
     14.  The parent or guardian reviewing copyrighted 211 
digital materials shall n ot be required as a condition of 212 
reviewing the materials to enter into terms of a 213 
nondisclosure agreement nor waive any rights beyond 214 
complying with federal copyright law. 215 
     15.  The department of elementary and secondary 216 
education may promulgate ru les to carry out the provisions 217 
of this section.  Any rule or portion of a rule, as that 218 
term is defined in section 536.010, that is created under 219 
the authority delegated in this section shall become 220 
effective only if it complies with and is subject to all of  221 
the provisions of chapter 536 and, if applicable, section 222 
536.028.  This section and chapter 536 are nonseverable and 223 
if any of the powers vested with the general assembly 224 
pursuant to chapter 536 to review, to delay the effective 225 
date, or to disapprove and annul a rule are subsequently 226 
held unconstitutional, then the grant of rulemaking 227 
authority and any rule proposed or adopted after August 28, 228 
2025, shall be invalid and void. 229 
     161.1140.  1.  This act may be cited as the " Parents'  1 
Bill of Rights Act of 2025". 2 
     2.  No school district shall deny to the parent or 3 
guardian of a minor child any or all of the following rights: 4 
     (1)  The right to fully review, in physical or digital 5 
optical character recognition format, and make copies of, 6 
the curricula, books, and other educational materials used 7 
by the school attended by their minor child or school 8 
district that serves such school.  This right shall be 9 
understood to: 10   SB 115 	13 
     (a)  Include a right to affirmative disclos ure of class  11 
syllabi and reading lists to the parent or guardian of a 12 
minor child by the school attended by their minor child or 13 
school district that serves such school; and 14 
     (b)  Prohibit a requirement that an individual sign a 15 
nondisclosure agreement as a condition of viewing or 16 
otherwise accessing curricular materials; 17 
     (2)  The right to access information on the teachers, 18 
guest lecturers, and outside presenters who engage with 19 
students at the school attended by their minor child.  This  20 
right shall be understood to prohibit schools from 21 
permitting or requiring the attendance of minor children at 22 
school assemblies, field trips, and other extracurricular 23 
activities, absent affirmative consent from their parent or 24 
guardian; 25 
     (3)  The right to access information on all third -party  26 
individuals and organizations that receive contracts or 27 
other funding through the school attended by their minor 28 
child or the school district that serves such school; 29 
     (4)  The right to visit their mino r child at school  30 
during school hours; 31 
     (5)  The right to access all records generated by the 32 
school attended by their minor child or the school district 33 
that serves such school that concerns their minor child; 34 
     (6)  The right to access informat ion pertaining to the 35 
collection and transmission of data regarding their minor 36 
child by the school attended by their minor child or the 37 
school district that serves such school.  This right shall  38 
be understood to: 39 
     (a)  Include a right to access in formation on any  40 
outside entity, including an accreditor, marketing 41   SB 115 	14 
consultancy, or third -party clearing-house, to which student 42 
data, whether anonymized or not, is transferred; 43 
     (b)  Prohibit the collection, by the school attended by 44 
their minor child or the school district that serves such 45 
school, of any biometric data or other sensitive personal 46 
information from the minor child, absent affirmative consent 47 
by a parent or guardian of the minor child; and 48 
     (c)  Require that schools and school districts serving  49 
such schools make available processes by which the parent or 50 
guardian of a minor child may object in writing to, and deny 51 
consent to, the use of videographic, photographic, or audio 52 
depictions of their minor child by the school or sc hool  53 
district serving such school; 54 
     (7)  The right to be heard at school board meetings or 55 
other governance hearings pertaining to the school attended 56 
by their minor child or the school district that serves such 57 
school.  This right shall be underst ood to require that 58 
school board meetings or other governance hearings 59 
pertaining to curricula, safety, and other student issues be 60 
conducted publicly and allow for public comments; 61 
     (8)  The right to be notified of situations affecting 62 
the safety of their minor child at school.  This right shall  63 
be understood to require, but is not limited to requiring, 64 
that schools notify parents or guardians within forty -eight  65 
hours of any or all of the following incidents: 66 
     (a)  Physical assaults occurrin g on school premises; 67 
     (b)  Sexual assaults occurring on school premises; 68 
     (c)  Appearances of weapons on school premises; 69 
     (d)  Drug use or possession on school premises; 70 
     (e)  Police investigations on school premises; and 71 
     (f)  Crimes, including misdemeanors, committed by 72 
teachers or other school or school district employees, 73   SB 115 	15 
whether such offenses were committed on or off the campus of 74 
a school; 75 
     (9)  The right to object to the instructional materials 76 
and other materials used i n their child's classroom based on 77 
the parent's beliefs that such materials are inappropriate 78 
for whatever reason and to be assured that such 79 
objectionable materials are not taught to the parent's child. 80 
     3.  Any person who is denied one or more of the rights  81 
identified in subsection 2 of this section may bring a civil 82 
action in any court of competent jurisdiction for injunctive 83 
relief. 84 
     4.  In any case in which the attorney general has 85 
reason to believe that an interest of the residents of t his  86 
state has been or is threatened or adversely affected by the 87 
engagement of any entity in an act or practice denying one 88 
or more of the rights identified in subsection 2 of this 89 
section, the attorney general may bring a civil action on 90 
behalf of the residents of the state in a court of competent 91 
jurisdiction to obtain injunctive relief. 92 
     5.  If a school district is found by a court of a 93 
competent jurisdiction in a final judgment not subject to 94 
further appeal to have violated the provisions of this  95 
section, the department of elementary and secondary 96 
education may withhold up to fifty percent of the state aid 97 
for such district due to such school district under chapter 98 
163 for the following fiscal year. 99 
     167.177.  1.  Any school district in the state may 1 
adopt the provisions of subsections 2 and 3 of this section 2 
if approved by vote of residents of the school district. 3 
     2.  As used in this section, the following terms mean: 4 
     (1)  "Public school", the same definition as in section  5 
160.011; 6   SB 115 	16 
     (2)  "Sex", an individual's biological sex based solely 7 
on an individual's reproductive biology and genetics at 8 
birth. 9 
     3.  No public school shall knowingly allow a student of 10 
the male sex who is enrolled in such public school to  11 
participate on a school -sponsored athletic team that is 12 
exclusively for students of the female sex. 13 
     4.  Beginning July 1, 2026, the joint committee on 14 
education shall study student athletic events that are 15 
exclusively for males or exclu sively for females and the 16 
impact of a policy that prohibits participation in those 17 
events by individuals who are of the opposite sex.  Before  18 
January 1, 2027, the joint committee shall report its 19 
findings and recommendations, with any legislation requ ired  20 
to implement the recommendations, to the general assembly. 21 
     5.  The attorney general may investigate any school 22 
district that he or she believes may be in violation of this 23 
section.  Any school district found to be in violation of 24 
this section shall have fifty percent of any state revenues 25 
appropriated to such school district pursuant to chapter 163 26 
withheld until such school district provides evidence to the 27 
department of elementary and secondary education that the 28 
school district is in co mpliance with this section. 29 
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