Missouri 2025 Regular Session

Missouri Senate Bill SB115 Compare Versions

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22 FIRST REGULAR SESSION
33 SENATE BILL NO. 115
44 103RD GENERAL ASSEMBLY
55 INTRODUCED BY SENATOR BRATTIN.
66 0741S.01I KRISTINA MARTIN, Secretary
77 AN ACT
88 To amend chapters 160, 161, and 167, RSMo, by adding thereto four new sections relating to
99 elementary and secondary education.
1010
1111 Be it enacted by the General Assembly of the State of Missouri, as follows:
1212 Section A. Chapters 160, 161, and 167, RSMo, are amended 1
1313 by adding thereto four new sections, to be known as sections 2
1414 160.2550, 161.856, 161.1140, and 167.177, to read as follows:3
1515 160.2550. 1. As used in this section, the term 1
1616 "divisive concepts" shall mean concepts that promote t he 2
1717 following ideas: 3
1818 (1) One race or sex is inherently superior to another 4
1919 race or sex; 5
2020 (2) The United States is fundamentally racist or 6
2121 sexist; 7
2222 (3) An individual, by virtue of his or her race or 8
2323 sex, is inherently racist, sexist, or o ppressive, whether 9
2424 consciously or unconsciously; 10
2525 (4) An individual should be discriminated against or 11
2626 receive adverse treatment solely or partly because of his or 12
2727 her race or sex; 13
2828 (5) Members of one race or sex cannot avoid treating 14
2929 others differently with respect to race or sex; 15
3030 (6) An individual's moral character is necessarily 16
3131 determined by his or her race or sex; 17 SB 115 2
3232 (7) An individual, by virtue of his or her race or 18
3333 sex, bears responsibility for actions committed in the past 19
3434 by other members of the same race or sex; 20
3535 (8) Any individual should feel discomfort, guilt, 21
3636 anguish, or any other form of psychological distress on 22
3737 account of his or her race or sex; 23
3838 (9) Meritocracy or traits such as a strong work ethic 24
3939 are racist or sexist, or were created by a particular race 25
4040 to oppress another race; 26
4141 (10) Ideas that promote any form of race or sex 27
4242 stereotyping, including ascribing character traits, values, 28
4343 moral and ethical codes, privileges, status, or beliefs to a 29
4444 race, sex, or an individual because of his or her race or 30
4545 sex; or 31
4646 (11) Ideas that promote any form of race or sex 32
4747 scapegoating, including assigning fault, blame, or conscious 33
4848 or unconscious bias to one or more members of a race or sex 34
4949 and including claims that, consciously or unconsciously, any 35
5050 person is inherently racist, sexist, or inclined to oppress 36
5151 others by virtue of his or her race or sex. 37
5252 2. School districts are prohibited from the following: 38
5353 (1) Teaching about The 1619 Pr oject initiative of The 39
5454 New York Times or any successor theory or concept, critical 40
5555 race theory or any successor theory or concept, any divisive 41
5656 concepts, or any successor concepts or theories 42
5757 substantially similar to The 1619 Project initiative of The 43
5858 New York Times or critical race theory; 44
5959 (2) Implementing training or orientation for teachers 45
6060 or staff that involves racial stereotyping or that seeks to 46
6161 assign blame to individuals based on race or sex; 47 SB 115 3
6262 (3) Creating projects or assignments that compel 48
6363 students to lobby or engage in political activism on behalf 49
6464 of a specific policy or social issue; 50
6565 (4) Forcing teachers to discuss a current 51
6666 controversial topic of public policy or any particular 52
6767 social issues. If a teacher does choo se to teach such 53
6868 topics, the teaching shall be done with an aim to teach the 54
6969 issue from both sides and without showing preference or 55
7070 deference to one perspective; 56
7171 (5) Enforcing policies at schools that prevent 57
7272 students from engaging in and discus sing concepts and topics 58
7373 of traditional American history such as founding documents 59
7474 and the founding fathers. 60
7575 3. In adopting the essential knowledge and skills for 61
7676 the social studies curriculum for each grade level from 62
7777 kindergarten through grade twelve, each school district 63
7878 shall adopt essential knowledge and skills that develop each 64
7979 student's civic knowledge, including: 65
8080 (1) An understanding of: 66
8181 (a) The fundamental moral, political, and intellectual 67
8282 foundations of the American expe riment in self-government; 68
8383 (b) The history, qualities, traditions, and features 69
8484 of civic engagement in the United States; 70
8585 (c) The structure, function, and processes of 71
8686 government institutions at the federal, state, and local 72
8787 levels; 73
8888 (d) The founding documents of the United States, 74
8989 including: 75
9090 a. The Declaration of Independence; 76
9191 b. The United States Constitution; 77
9292 c. The Federalist Papers, including Essays 10 and 51; 78 SB 115 4
9393 d. Excerpts from Alexis de Tocqueville's Democra cy in 79
9494 America; 80
9595 e. The transcript of the first Lincoln -Douglas debate; 81
9696 and 82
9797 f. The writings of the founding fathers of the United 83
9898 States; and 84
9999 (e) The history and importance of: 85
100100 a. The federal Civil Rights Act of 1964, as amended; 86
101101 and 87
102102 b. The Thirteenth, Fourteenth, and Nineteenth 88
103103 Amendments to the United States Constitution; 89
104104 (2) The ability to: 90
105105 (a) Analyze and determine the reliability of 91
106106 information sources; 92
107107 (b) Formulate and articulate reasoned positions; 93
108108 (c) Understand the manner in which local, state, and 94
109109 federal governments work and operate through the use of 95
110110 simulations and models of governmental and democratic 96
111111 processes; 97
112112 (d) Actively listen and engage in civil discourse, 98
113113 including discourse with those with different viewpoints; 99
114114 (e) Responsibly participate as a citizen in a 100
115115 constitutional democracy; and 101
116116 (f) Effectively engage with governmental institutions 102
117117 at the local, state, and federal levels; and 103
118118 (3) An appreciation of: 104
119119 (a) The importance and responsibility of participating 105
120120 in civic life; 106
121121 (b) A commitment to the United States and its form of 107
122122 government; and 108
123123 (c) A commitment to free speech and civil discourse. 109 SB 115 5
124124 4. School districts are prohib ited from accepting 110
125125 private funding for the purposes of teaching any curriculum 111
126126 substantially similar to critical race theory or The 1619 112
127127 Project initiative of The New York Times. 113
128128 5. The attorney general may investigate school 114
129129 districts to determine compliance with this section. If any 115
130130 school district is determined to have violated the 116
131131 provisions of this section, such district shall have fifty 117
132132 percent of its state aid under chapter 163 withheld, until 118
133133 the district presents evidence to the dep artment of 119
134134 elementary and secondary education that the district is no 120
135135 longer in violation of this section. 121
136136 161.856. 1. This section shall be known and may be 1
137137 cited as the "Sunlight in Learning Act". 2
138138 2. The department of elemen tary and secondary 3
139139 education shall ensure that the following information is 4
140140 displayed on each public school and charter school website 5
141141 in an easily and publicly accessible location: 6
142142 (1) All instructional or training materials and 7
143143 activities used for staff and faculty training; 8
144144 (2) All learning materials and activities used for 9
145145 student instruction. Such display of materials or 10
146146 activities shall identify, at a minimum: 11
147147 (a) The title, author, organization, and any website 12
148148 associated with each material and activity; 13
149149 (b) A link to the learning material, if publicly 14
150150 available on the internet; or, if not freely and publicly 15
151151 available, a brief description of the learning material and 16
152152 information on how to request review of a copy of the 17
153153 learning material; 18
154154 (c) If the learning material was created for non - 19
155155 public use, the identity of the teacher, staff member, 20 SB 115 6
156156 school official, or outside presenter who created it. Such 21
157157 identification may be indicated by a personal title and la st 22
158158 initial if referring to a teacher, staff member, or school 23
159159 official; 24
160160 (d) The full text or a copy of any learning materials 25
161161 or educational activities, including presentations, videos, 26
162162 and audio recordings, used for student instruction at the 27
163163 school, if those works were created by the school board or a 28
164164 teacher or staff member employed under the authority of the 29
165165 school board. This section does not require the posting of 30
166166 academic assessments or academic tests; 31
167167 (e) If the activity involve s service-learning, 32
168168 internships, or collaboration with outside organizations 33
169169 after regular school hours for course credit, the name of 34
170170 the organization should be listed, along with the number of 35
171171 students engaged in service -learning, internships, or 36
172172 collaboration with that organization. The name of the 37
173173 students involved shall not be posted; 38
174174 (3) Any procedures for the documentation, review, or 39
175175 approval of the lesson plans, training, learning, or 40
176176 curricular materials, or activities used for staf f and 41
177177 faculty training or student instruction at the school, 42
178178 including by the principal, curriculum administrators, or 43
179179 other teachers; and 44
180180 (4) At each school with a catalog or documented 45
181181 inventory of the resources available to students in its 46
182182 school library, a listing of available resources in the 47
183183 library. 48
184184 3. For the purposes of this section, the following 49
185185 terms mean: 50
186186 (1) "Activities", include, but are not limited to, 51
187187 assemblies, guest lectures, action -oriented civics learning 52 SB 115 7
188188 assignments or projects, including the actual or simulated 53
189189 contacting of government officials or any requirement to 54
190190 advocate for or comment on a contemporary political or 55
191191 social issue or participate in organized political activity, 56
192192 social demonstrations, or other field trips or projects, 57
193193 service-learning, internships, or other forms of 58
194194 collaboration with outside organizations after regular 59
195195 school hours for course credit or as a class project or 60
196196 assignment, or other educational events facilitated by the 61
197197 institution's faculty or staff, including those conducted by 62
198198 outside individuals or organizations, excluding 63
199199 presentations given by students enrolled at the school; 64
200200 (2) "Learning materials", include, but are not limited 65
201201 to, the following: all te xtbooks, reading materials, videos, 66
202202 audio recordings, presentations, digital materials, 67
203203 websites, instructional handouts and worksheets, syllabi, 68
204204 and online applications for a phone, laptop, or tablet; 69
205205 (3) "Lesson plan", the daily, weekly, or othe r 70
206206 routinely produced guide, description, or outline of the 71
207207 instruction to be provided by a teacher to students at the 72
208208 school; 73
209209 (4) "Original materials", learning materials owned or 74
210210 licensed by the school district, school, charter school, 75
211211 faculty, or staff that are used for student instruction; 76
212212 (5) "Used for student instruction": 77
213213 (a) Assigned, distributed, or otherwise presented to 78
214214 students in any course for which students receive academic 79
215215 credit or in any educational capacity in whic h participation 80
216216 of the student body is required by the school or in which a 81
217217 majority of students in a given grade level participate; 82 SB 115 8
218218 (b) Applies also to any materials from among which 83
219219 students are required to select one or more, if the 84
220220 available selection is restricted to specific titles. 85
221221 4. Nothing in subsection 2 of this section shall be 86
222222 construed to require the digital reproduction or posting of 87
223223 copies of the learning materials themselves, where such 88
224224 reproduction would infringe upon co pyrighted material; but 89
225225 in such cases, the school should offer a link to a publicly 90
226226 available website describing and offering access to the 91
227227 learning materials, if possible; and upon request, if the 92
228228 materials are not offered free of charge, provide the 93
229229 learning materials for public inspection, as required under 94
230230 paragraph (b) of subdivision (2) subsection 2 of this 95
231231 section, at the school building where the learning materials 96
232232 or activities are used for student instruction, and no later 97
233233 than thirty days after requested. To the extent 98
234234 practicable, each school shall make any and all learning 99
235235 materials, including original materials, available for 100
236236 public inspection and allow the public to copy, scan, 101
237237 duplicate, or photograph portions of original materi als 102
238238 within the limits of "fair use" under Section 107 of the 103
239239 federal Copyright Act as set forth in 17 U.S.C. Section 104
240240 107. Copyrighted digital learning materials shall be made 105
241241 available for public inspection as required under 106
242242 subsections 13 and 14 of this section. 107
243243 5. Subsection 2 of this section shall not require the 108
244244 separate reporting of individual components of learning 109
245245 materials that are published together as a single volume. 110
246246 Articles, videos, or other materials from websites that are 111
247247 used for student instruction should be identified, where 112
248248 possible, with an internet address specific to the relevant 113
249249 content used for student instruction. 114 SB 115 9
250250 6. The information required by subsection 2 of this 115
251251 section shall be displayed online prior to the first 116
252252 instance of training or instruction, or, at the latest, 117
253253 fourteen days after the training or instruction. Such 118
254254 information shall be organized by school, grade, teacher, 119
255255 and subject, and remain displayed on the school website for 120
256256 at least two years. For privacy purposes, teachers and 121
257257 staff employed by the school may request that a school use a 122
258258 personal title and last initial in lieu of a full name. The 123
259259 date of the latest modification or update to such 124
260260 information shall be displayed on th e same website location. 125
261261 7. To prepare and host the listing of materials and 126
262262 activities pursuant to subsection 2 of this section, a 127
263263 school: 128
264264 (1) May utilize a collaborative online document or 129
265265 spreadsheet software that allows multiple authoriz ed users 130
266266 to update or make additions to posted content on an ongoing 131
267267 basis, as long as a link to the listing is publicly 132
268268 accessible via the school website; 133
269269 (2) May satisfy the requirements of subdivision (2) of 134
270270 subsection 2 of this section by pos ting a copy or the full 135
271271 text of the lesson plans submitted to the school principal 136
272272 or other staff by instructors at the school in the current 137
273273 year, provided that the lesson plans provide equivalent 138
274274 detail of the learning materials and activities used f or 139
275275 student instruction as required by subdivision (2) of 140
276276 subsection 2 of this section, and that any such learning 141
277277 materials and activities not recorded on the lesson plans 142
278278 are also disclosed via a publicly accessible portion of the 143
279279 school website in the manner prescribed by subdivision (2) 144
280280 of subsection 2 of this section. 145 SB 115 10
281281 8. The listing of materials and activities pursuant to 146
282282 subsection 2 of this section shall be created and displayed 147
283283 in searchable or sortable electronic formats. 148
284284 9. A school whose materials or activities are selected 149
285285 independently by instructors at a school with fewer than 150
286286 twenty enrolled students is not required to post a list of 151
287287 learning materials and activities pursuant to this section. 152
288288 10. The attorney general, commissioner of education, 153
289289 state auditor, prosecuting or circuit attorney for the 154
290290 county in which an alleged violation of this section occurs, 155
291291 or a resident of the school district in which an alleged 156
292292 violation of this section occurs, may initiate a suit in the 157
293293 jurisdiction in which the school district, public school, 158
294294 public charter school, or other governmental entity 159
295295 responsible for the oversight of public secondary or 160
296296 elementary schools is located for the purpose of complying 161
297297 with this section. 162
298298 11. An attorney acting on behalf of a school district, 163
299299 public school, public charter school, or the department of 164
300300 elementary and secondary education may request a legal 165
301301 opinion of the prosecuting attorney or the attorney general 166
302302 as to whether a particular piece of training, learning, or 167
303303 curricular material or activity fits under this section and 168
304304 has been disclosed in a manner complying with this section. 169
305305 12. The court which has jurisdiction over the school 170
306306 district or charter school may order the production of any 171
307307 learning materials or other materials or activities, as 172
308308 specified in this section, improperly withheld from the 173
309309 complainant. In such a case, the court shall determine the 174
310310 matter de novo, and may examine the contents of suc h 175
311311 materials in camera to determine whether such materials or 176
312312 any part thereof shall be withheld. The court may assess 177 SB 115 11
313313 against the school district or charter school reasonable 178
314314 attorney's fees and other costs reasonably incurred in any 179
315315 case under this section in which the complainant has 180
316316 prevailed. In the event of noncompliance with the order of 181
317317 the court, the court may punish for contempt the responsible 182
318318 official or employee. Courts shall not entertain complaints 183
319319 under this section unless complai nants have first attempted 184
320320 to remedy the alleged noncompliance by contacting school 185
321321 officials, and if not resolved to the satisfaction of the 186
322322 complainant by school officials within fifteen days, by 187
323323 contacting the school board, which shall have forty -five 188
324324 days to resolve the alleged noncompliance. 189
325325 13. Neither the department nor the school board of a 190
326326 public school, including the governing body of a public 191
327327 charter school, nor any staff employed thereby and acting in 192
328328 the course of their official d uties, shall purchase or 193
329329 contract for copyrighted learning materials to be used for 194
330330 student instruction at the school, including the renewal of 195
331331 subscription-based materials for which students are provided 196
332332 individual login credentials or access via elec tronic 197
333333 personal devices, unless provision is made to allow parents 198
334334 and guardians of enrolled students to review the materials 199
335335 within thirty days of the submission of a written request to 200
336336 the school. The means of provision shall include at least 201
337337 one of the following: 202
338338 (1) Providing access to the materials at the school 203
339339 site during the school's normal hours of operation within 204
340340 thirty days of written request; or 205
341341 (2) Providing temporary remote access or login 206
342342 credentials to at least one copy of the materials for review 207
343343 for at least a twenty -four-hour period following each 208 SB 115 12
344344 request, not to exceed one request per item per household 209
345345 during each thirty-day period. 210
346346 14. The parent or guardian reviewing copyrighted 211
347347 digital materials shall n ot be required as a condition of 212
348348 reviewing the materials to enter into terms of a 213
349349 nondisclosure agreement nor waive any rights beyond 214
350350 complying with federal copyright law. 215
351351 15. The department of elementary and secondary 216
352352 education may promulgate ru les to carry out the provisions 217
353353 of this section. Any rule or portion of a rule, as that 218
354354 term is defined in section 536.010, that is created under 219
355355 the authority delegated in this section shall become 220
356356 effective only if it complies with and is subject to all of 221
357357 the provisions of chapter 536 and, if applicable, section 222
358358 536.028. This section and chapter 536 are nonseverable and 223
359359 if any of the powers vested with the general assembly 224
360360 pursuant to chapter 536 to review, to delay the effective 225
361361 date, or to disapprove and annul a rule are subsequently 226
362362 held unconstitutional, then the grant of rulemaking 227
363363 authority and any rule proposed or adopted after August 28, 228
364364 2025, shall be invalid and void. 229
365365 161.1140. 1. This act may be cited as the " Parents' 1
366366 Bill of Rights Act of 2025". 2
367367 2. No school district shall deny to the parent or 3
368368 guardian of a minor child any or all of the following rights: 4
369369 (1) The right to fully review, in physical or digital 5
370370 optical character recognition format, and make copies of, 6
371371 the curricula, books, and other educational materials used 7
372372 by the school attended by their minor child or school 8
373373 district that serves such school. This right shall be 9
374374 understood to: 10 SB 115 13
375375 (a) Include a right to affirmative disclos ure of class 11
376376 syllabi and reading lists to the parent or guardian of a 12
377377 minor child by the school attended by their minor child or 13
378378 school district that serves such school; and 14
379379 (b) Prohibit a requirement that an individual sign a 15
380380 nondisclosure agreement as a condition of viewing or 16
381381 otherwise accessing curricular materials; 17
382382 (2) The right to access information on the teachers, 18
383383 guest lecturers, and outside presenters who engage with 19
384384 students at the school attended by their minor child. This 20
385385 right shall be understood to prohibit schools from 21
386386 permitting or requiring the attendance of minor children at 22
387387 school assemblies, field trips, and other extracurricular 23
388388 activities, absent affirmative consent from their parent or 24
389389 guardian; 25
390390 (3) The right to access information on all third -party 26
391391 individuals and organizations that receive contracts or 27
392392 other funding through the school attended by their minor 28
393393 child or the school district that serves such school; 29
394394 (4) The right to visit their mino r child at school 30
395395 during school hours; 31
396396 (5) The right to access all records generated by the 32
397397 school attended by their minor child or the school district 33
398398 that serves such school that concerns their minor child; 34
399399 (6) The right to access informat ion pertaining to the 35
400400 collection and transmission of data regarding their minor 36
401401 child by the school attended by their minor child or the 37
402402 school district that serves such school. This right shall 38
403403 be understood to: 39
404404 (a) Include a right to access in formation on any 40
405405 outside entity, including an accreditor, marketing 41 SB 115 14
406406 consultancy, or third -party clearing-house, to which student 42
407407 data, whether anonymized or not, is transferred; 43
408408 (b) Prohibit the collection, by the school attended by 44
409409 their minor child or the school district that serves such 45
410410 school, of any biometric data or other sensitive personal 46
411411 information from the minor child, absent affirmative consent 47
412412 by a parent or guardian of the minor child; and 48
413413 (c) Require that schools and school districts serving 49
414414 such schools make available processes by which the parent or 50
415415 guardian of a minor child may object in writing to, and deny 51
416416 consent to, the use of videographic, photographic, or audio 52
417417 depictions of their minor child by the school or sc hool 53
418418 district serving such school; 54
419419 (7) The right to be heard at school board meetings or 55
420420 other governance hearings pertaining to the school attended 56
421421 by their minor child or the school district that serves such 57
422422 school. This right shall be underst ood to require that 58
423423 school board meetings or other governance hearings 59
424424 pertaining to curricula, safety, and other student issues be 60
425425 conducted publicly and allow for public comments; 61
426426 (8) The right to be notified of situations affecting 62
427427 the safety of their minor child at school. This right shall 63
428428 be understood to require, but is not limited to requiring, 64
429429 that schools notify parents or guardians within forty -eight 65
430430 hours of any or all of the following incidents: 66
431431 (a) Physical assaults occurrin g on school premises; 67
432432 (b) Sexual assaults occurring on school premises; 68
433433 (c) Appearances of weapons on school premises; 69
434434 (d) Drug use or possession on school premises; 70
435435 (e) Police investigations on school premises; and 71
436436 (f) Crimes, including misdemeanors, committed by 72
437437 teachers or other school or school district employees, 73 SB 115 15
438438 whether such offenses were committed on or off the campus of 74
439439 a school; 75
440440 (9) The right to object to the instructional materials 76
441441 and other materials used i n their child's classroom based on 77
442442 the parent's beliefs that such materials are inappropriate 78
443443 for whatever reason and to be assured that such 79
444444 objectionable materials are not taught to the parent's child. 80
445445 3. Any person who is denied one or more of the rights 81
446446 identified in subsection 2 of this section may bring a civil 82
447447 action in any court of competent jurisdiction for injunctive 83
448448 relief. 84
449449 4. In any case in which the attorney general has 85
450450 reason to believe that an interest of the residents of t his 86
451451 state has been or is threatened or adversely affected by the 87
452452 engagement of any entity in an act or practice denying one 88
453453 or more of the rights identified in subsection 2 of this 89
454454 section, the attorney general may bring a civil action on 90
455455 behalf of the residents of the state in a court of competent 91
456456 jurisdiction to obtain injunctive relief. 92
457457 5. If a school district is found by a court of a 93
458458 competent jurisdiction in a final judgment not subject to 94
459459 further appeal to have violated the provisions of this 95
460460 section, the department of elementary and secondary 96
461461 education may withhold up to fifty percent of the state aid 97
462462 for such district due to such school district under chapter 98
463463 163 for the following fiscal year. 99
464464 167.177. 1. Any school district in the state may 1
465465 adopt the provisions of subsections 2 and 3 of this section 2
466466 if approved by vote of residents of the school district. 3
467467 2. As used in this section, the following terms mean: 4
468468 (1) "Public school", the same definition as in section 5
469469 160.011; 6 SB 115 16
470470 (2) "Sex", an individual's biological sex based solely 7
471471 on an individual's reproductive biology and genetics at 8
472472 birth. 9
473473 3. No public school shall knowingly allow a student of 10
474474 the male sex who is enrolled in such public school to 11
475475 participate on a school -sponsored athletic team that is 12
476476 exclusively for students of the female sex. 13
477477 4. Beginning July 1, 2026, the joint committee on 14
478478 education shall study student athletic events that are 15
479479 exclusively for males or exclu sively for females and the 16
480480 impact of a policy that prohibits participation in those 17
481481 events by individuals who are of the opposite sex. Before 18
482482 January 1, 2027, the joint committee shall report its 19
483483 findings and recommendations, with any legislation requ ired 20
484484 to implement the recommendations, to the general assembly. 21
485485 5. The attorney general may investigate any school 22
486486 district that he or she believes may be in violation of this 23
487487 section. Any school district found to be in violation of 24
488488 this section shall have fifty percent of any state revenues 25
489489 appropriated to such school district pursuant to chapter 163 26
490490 withheld until such school district provides evidence to the 27
491491 department of elementary and secondary education that the 28
492492 school district is in co mpliance with this section. 29
493493