1 | 1 | | |
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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 115 |
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4 | 4 | | 103RD GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR BRATTIN. |
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6 | 6 | | 0741S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To amend chapters 160, 161, and 167, RSMo, by adding thereto four new sections relating to |
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9 | 9 | | elementary and secondary education. |
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10 | 10 | | |
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11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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12 | 12 | | Section A. Chapters 160, 161, and 167, RSMo, are amended 1 |
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13 | 13 | | by adding thereto four new sections, to be known as sections 2 |
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14 | 14 | | 160.2550, 161.856, 161.1140, and 167.177, to read as follows:3 |
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15 | 15 | | 160.2550. 1. As used in this section, the term 1 |
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16 | 16 | | "divisive concepts" shall mean concepts that promote t he 2 |
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17 | 17 | | following ideas: 3 |
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18 | 18 | | (1) One race or sex is inherently superior to another 4 |
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19 | 19 | | race or sex; 5 |
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20 | 20 | | (2) The United States is fundamentally racist or 6 |
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21 | 21 | | sexist; 7 |
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22 | 22 | | (3) An individual, by virtue of his or her race or 8 |
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23 | 23 | | sex, is inherently racist, sexist, or o ppressive, whether 9 |
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24 | 24 | | consciously or unconsciously; 10 |
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25 | 25 | | (4) An individual should be discriminated against or 11 |
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26 | 26 | | receive adverse treatment solely or partly because of his or 12 |
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27 | 27 | | her race or sex; 13 |
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28 | 28 | | (5) Members of one race or sex cannot avoid treating 14 |
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29 | 29 | | others differently with respect to race or sex; 15 |
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30 | 30 | | (6) An individual's moral character is necessarily 16 |
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31 | 31 | | determined by his or her race or sex; 17 SB 115 2 |
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32 | 32 | | (7) An individual, by virtue of his or her race or 18 |
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33 | 33 | | sex, bears responsibility for actions committed in the past 19 |
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34 | 34 | | by other members of the same race or sex; 20 |
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35 | 35 | | (8) Any individual should feel discomfort, guilt, 21 |
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36 | 36 | | anguish, or any other form of psychological distress on 22 |
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37 | 37 | | account of his or her race or sex; 23 |
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38 | 38 | | (9) Meritocracy or traits such as a strong work ethic 24 |
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39 | 39 | | are racist or sexist, or were created by a particular race 25 |
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40 | 40 | | to oppress another race; 26 |
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41 | 41 | | (10) Ideas that promote any form of race or sex 27 |
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42 | 42 | | stereotyping, including ascribing character traits, values, 28 |
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43 | 43 | | moral and ethical codes, privileges, status, or beliefs to a 29 |
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44 | 44 | | race, sex, or an individual because of his or her race or 30 |
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45 | 45 | | sex; or 31 |
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46 | 46 | | (11) Ideas that promote any form of race or sex 32 |
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47 | 47 | | scapegoating, including assigning fault, blame, or conscious 33 |
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48 | 48 | | or unconscious bias to one or more members of a race or sex 34 |
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49 | 49 | | and including claims that, consciously or unconsciously, any 35 |
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50 | 50 | | person is inherently racist, sexist, or inclined to oppress 36 |
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51 | 51 | | others by virtue of his or her race or sex. 37 |
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52 | 52 | | 2. School districts are prohibited from the following: 38 |
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53 | 53 | | (1) Teaching about The 1619 Pr oject initiative of The 39 |
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54 | 54 | | New York Times or any successor theory or concept, critical 40 |
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55 | 55 | | race theory or any successor theory or concept, any divisive 41 |
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56 | 56 | | concepts, or any successor concepts or theories 42 |
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57 | 57 | | substantially similar to The 1619 Project initiative of The 43 |
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58 | 58 | | New York Times or critical race theory; 44 |
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59 | 59 | | (2) Implementing training or orientation for teachers 45 |
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60 | 60 | | or staff that involves racial stereotyping or that seeks to 46 |
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61 | 61 | | assign blame to individuals based on race or sex; 47 SB 115 3 |
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62 | 62 | | (3) Creating projects or assignments that compel 48 |
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63 | 63 | | students to lobby or engage in political activism on behalf 49 |
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64 | 64 | | of a specific policy or social issue; 50 |
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65 | 65 | | (4) Forcing teachers to discuss a current 51 |
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66 | 66 | | controversial topic of public policy or any particular 52 |
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67 | 67 | | social issues. If a teacher does choo se to teach such 53 |
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68 | 68 | | topics, the teaching shall be done with an aim to teach the 54 |
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69 | 69 | | issue from both sides and without showing preference or 55 |
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70 | 70 | | deference to one perspective; 56 |
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71 | 71 | | (5) Enforcing policies at schools that prevent 57 |
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72 | 72 | | students from engaging in and discus sing concepts and topics 58 |
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73 | 73 | | of traditional American history such as founding documents 59 |
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74 | 74 | | and the founding fathers. 60 |
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75 | 75 | | 3. In adopting the essential knowledge and skills for 61 |
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76 | 76 | | the social studies curriculum for each grade level from 62 |
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77 | 77 | | kindergarten through grade twelve, each school district 63 |
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78 | 78 | | shall adopt essential knowledge and skills that develop each 64 |
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79 | 79 | | student's civic knowledge, including: 65 |
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80 | 80 | | (1) An understanding of: 66 |
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81 | 81 | | (a) The fundamental moral, political, and intellectual 67 |
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82 | 82 | | foundations of the American expe riment in self-government; 68 |
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83 | 83 | | (b) The history, qualities, traditions, and features 69 |
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84 | 84 | | of civic engagement in the United States; 70 |
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85 | 85 | | (c) The structure, function, and processes of 71 |
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86 | 86 | | government institutions at the federal, state, and local 72 |
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87 | 87 | | levels; 73 |
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88 | 88 | | (d) The founding documents of the United States, 74 |
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89 | 89 | | including: 75 |
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90 | 90 | | a. The Declaration of Independence; 76 |
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91 | 91 | | b. The United States Constitution; 77 |
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92 | 92 | | c. The Federalist Papers, including Essays 10 and 51; 78 SB 115 4 |
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93 | 93 | | d. Excerpts from Alexis de Tocqueville's Democra cy in 79 |
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94 | 94 | | America; 80 |
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95 | 95 | | e. The transcript of the first Lincoln -Douglas debate; 81 |
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96 | 96 | | and 82 |
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97 | 97 | | f. The writings of the founding fathers of the United 83 |
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98 | 98 | | States; and 84 |
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99 | 99 | | (e) The history and importance of: 85 |
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100 | 100 | | a. The federal Civil Rights Act of 1964, as amended; 86 |
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101 | 101 | | and 87 |
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102 | 102 | | b. The Thirteenth, Fourteenth, and Nineteenth 88 |
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103 | 103 | | Amendments to the United States Constitution; 89 |
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104 | 104 | | (2) The ability to: 90 |
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105 | 105 | | (a) Analyze and determine the reliability of 91 |
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106 | 106 | | information sources; 92 |
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107 | 107 | | (b) Formulate and articulate reasoned positions; 93 |
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108 | 108 | | (c) Understand the manner in which local, state, and 94 |
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109 | 109 | | federal governments work and operate through the use of 95 |
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110 | 110 | | simulations and models of governmental and democratic 96 |
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111 | 111 | | processes; 97 |
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112 | 112 | | (d) Actively listen and engage in civil discourse, 98 |
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113 | 113 | | including discourse with those with different viewpoints; 99 |
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114 | 114 | | (e) Responsibly participate as a citizen in a 100 |
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115 | 115 | | constitutional democracy; and 101 |
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116 | 116 | | (f) Effectively engage with governmental institutions 102 |
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117 | 117 | | at the local, state, and federal levels; and 103 |
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118 | 118 | | (3) An appreciation of: 104 |
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119 | 119 | | (a) The importance and responsibility of participating 105 |
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120 | 120 | | in civic life; 106 |
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121 | 121 | | (b) A commitment to the United States and its form of 107 |
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122 | 122 | | government; and 108 |
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123 | 123 | | (c) A commitment to free speech and civil discourse. 109 SB 115 5 |
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124 | 124 | | 4. School districts are prohib ited from accepting 110 |
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125 | 125 | | private funding for the purposes of teaching any curriculum 111 |
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126 | 126 | | substantially similar to critical race theory or The 1619 112 |
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127 | 127 | | Project initiative of The New York Times. 113 |
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128 | 128 | | 5. The attorney general may investigate school 114 |
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129 | 129 | | districts to determine compliance with this section. If any 115 |
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130 | 130 | | school district is determined to have violated the 116 |
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131 | 131 | | provisions of this section, such district shall have fifty 117 |
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132 | 132 | | percent of its state aid under chapter 163 withheld, until 118 |
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133 | 133 | | the district presents evidence to the dep artment of 119 |
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134 | 134 | | elementary and secondary education that the district is no 120 |
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135 | 135 | | longer in violation of this section. 121 |
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136 | 136 | | 161.856. 1. This section shall be known and may be 1 |
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137 | 137 | | cited as the "Sunlight in Learning Act". 2 |
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138 | 138 | | 2. The department of elemen tary and secondary 3 |
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139 | 139 | | education shall ensure that the following information is 4 |
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140 | 140 | | displayed on each public school and charter school website 5 |
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141 | 141 | | in an easily and publicly accessible location: 6 |
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142 | 142 | | (1) All instructional or training materials and 7 |
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143 | 143 | | activities used for staff and faculty training; 8 |
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144 | 144 | | (2) All learning materials and activities used for 9 |
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145 | 145 | | student instruction. Such display of materials or 10 |
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146 | 146 | | activities shall identify, at a minimum: 11 |
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147 | 147 | | (a) The title, author, organization, and any website 12 |
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148 | 148 | | associated with each material and activity; 13 |
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149 | 149 | | (b) A link to the learning material, if publicly 14 |
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150 | 150 | | available on the internet; or, if not freely and publicly 15 |
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151 | 151 | | available, a brief description of the learning material and 16 |
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152 | 152 | | information on how to request review of a copy of the 17 |
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153 | 153 | | learning material; 18 |
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154 | 154 | | (c) If the learning material was created for non - 19 |
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155 | 155 | | public use, the identity of the teacher, staff member, 20 SB 115 6 |
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156 | 156 | | school official, or outside presenter who created it. Such 21 |
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157 | 157 | | identification may be indicated by a personal title and la st 22 |
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158 | 158 | | initial if referring to a teacher, staff member, or school 23 |
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159 | 159 | | official; 24 |
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160 | 160 | | (d) The full text or a copy of any learning materials 25 |
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161 | 161 | | or educational activities, including presentations, videos, 26 |
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162 | 162 | | and audio recordings, used for student instruction at the 27 |
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163 | 163 | | school, if those works were created by the school board or a 28 |
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164 | 164 | | teacher or staff member employed under the authority of the 29 |
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165 | 165 | | school board. This section does not require the posting of 30 |
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166 | 166 | | academic assessments or academic tests; 31 |
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167 | 167 | | (e) If the activity involve s service-learning, 32 |
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168 | 168 | | internships, or collaboration with outside organizations 33 |
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169 | 169 | | after regular school hours for course credit, the name of 34 |
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170 | 170 | | the organization should be listed, along with the number of 35 |
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171 | 171 | | students engaged in service -learning, internships, or 36 |
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172 | 172 | | collaboration with that organization. The name of the 37 |
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173 | 173 | | students involved shall not be posted; 38 |
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174 | 174 | | (3) Any procedures for the documentation, review, or 39 |
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175 | 175 | | approval of the lesson plans, training, learning, or 40 |
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176 | 176 | | curricular materials, or activities used for staf f and 41 |
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177 | 177 | | faculty training or student instruction at the school, 42 |
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178 | 178 | | including by the principal, curriculum administrators, or 43 |
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179 | 179 | | other teachers; and 44 |
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180 | 180 | | (4) At each school with a catalog or documented 45 |
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181 | 181 | | inventory of the resources available to students in its 46 |
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182 | 182 | | school library, a listing of available resources in the 47 |
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183 | 183 | | library. 48 |
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184 | 184 | | 3. For the purposes of this section, the following 49 |
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185 | 185 | | terms mean: 50 |
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186 | 186 | | (1) "Activities", include, but are not limited to, 51 |
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187 | 187 | | assemblies, guest lectures, action -oriented civics learning 52 SB 115 7 |
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188 | 188 | | assignments or projects, including the actual or simulated 53 |
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189 | 189 | | contacting of government officials or any requirement to 54 |
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190 | 190 | | advocate for or comment on a contemporary political or 55 |
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191 | 191 | | social issue or participate in organized political activity, 56 |
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192 | 192 | | social demonstrations, or other field trips or projects, 57 |
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193 | 193 | | service-learning, internships, or other forms of 58 |
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194 | 194 | | collaboration with outside organizations after regular 59 |
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195 | 195 | | school hours for course credit or as a class project or 60 |
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196 | 196 | | assignment, or other educational events facilitated by the 61 |
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197 | 197 | | institution's faculty or staff, including those conducted by 62 |
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198 | 198 | | outside individuals or organizations, excluding 63 |
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199 | 199 | | presentations given by students enrolled at the school; 64 |
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200 | 200 | | (2) "Learning materials", include, but are not limited 65 |
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201 | 201 | | to, the following: all te xtbooks, reading materials, videos, 66 |
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202 | 202 | | audio recordings, presentations, digital materials, 67 |
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203 | 203 | | websites, instructional handouts and worksheets, syllabi, 68 |
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204 | 204 | | and online applications for a phone, laptop, or tablet; 69 |
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205 | 205 | | (3) "Lesson plan", the daily, weekly, or othe r 70 |
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206 | 206 | | routinely produced guide, description, or outline of the 71 |
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207 | 207 | | instruction to be provided by a teacher to students at the 72 |
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208 | 208 | | school; 73 |
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209 | 209 | | (4) "Original materials", learning materials owned or 74 |
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210 | 210 | | licensed by the school district, school, charter school, 75 |
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211 | 211 | | faculty, or staff that are used for student instruction; 76 |
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212 | 212 | | (5) "Used for student instruction": 77 |
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213 | 213 | | (a) Assigned, distributed, or otherwise presented to 78 |
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214 | 214 | | students in any course for which students receive academic 79 |
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215 | 215 | | credit or in any educational capacity in whic h participation 80 |
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216 | 216 | | of the student body is required by the school or in which a 81 |
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217 | 217 | | majority of students in a given grade level participate; 82 SB 115 8 |
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218 | 218 | | (b) Applies also to any materials from among which 83 |
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219 | 219 | | students are required to select one or more, if the 84 |
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220 | 220 | | available selection is restricted to specific titles. 85 |
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221 | 221 | | 4. Nothing in subsection 2 of this section shall be 86 |
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222 | 222 | | construed to require the digital reproduction or posting of 87 |
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223 | 223 | | copies of the learning materials themselves, where such 88 |
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224 | 224 | | reproduction would infringe upon co pyrighted material; but 89 |
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225 | 225 | | in such cases, the school should offer a link to a publicly 90 |
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226 | 226 | | available website describing and offering access to the 91 |
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227 | 227 | | learning materials, if possible; and upon request, if the 92 |
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228 | 228 | | materials are not offered free of charge, provide the 93 |
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229 | 229 | | learning materials for public inspection, as required under 94 |
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230 | 230 | | paragraph (b) of subdivision (2) subsection 2 of this 95 |
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231 | 231 | | section, at the school building where the learning materials 96 |
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232 | 232 | | or activities are used for student instruction, and no later 97 |
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233 | 233 | | than thirty days after requested. To the extent 98 |
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234 | 234 | | practicable, each school shall make any and all learning 99 |
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235 | 235 | | materials, including original materials, available for 100 |
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236 | 236 | | public inspection and allow the public to copy, scan, 101 |
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237 | 237 | | duplicate, or photograph portions of original materi als 102 |
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238 | 238 | | within the limits of "fair use" under Section 107 of the 103 |
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239 | 239 | | federal Copyright Act as set forth in 17 U.S.C. Section 104 |
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240 | 240 | | 107. Copyrighted digital learning materials shall be made 105 |
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241 | 241 | | available for public inspection as required under 106 |
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242 | 242 | | subsections 13 and 14 of this section. 107 |
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243 | 243 | | 5. Subsection 2 of this section shall not require the 108 |
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244 | 244 | | separate reporting of individual components of learning 109 |
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245 | 245 | | materials that are published together as a single volume. 110 |
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246 | 246 | | Articles, videos, or other materials from websites that are 111 |
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247 | 247 | | used for student instruction should be identified, where 112 |
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248 | 248 | | possible, with an internet address specific to the relevant 113 |
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249 | 249 | | content used for student instruction. 114 SB 115 9 |
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250 | 250 | | 6. The information required by subsection 2 of this 115 |
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251 | 251 | | section shall be displayed online prior to the first 116 |
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252 | 252 | | instance of training or instruction, or, at the latest, 117 |
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253 | 253 | | fourteen days after the training or instruction. Such 118 |
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254 | 254 | | information shall be organized by school, grade, teacher, 119 |
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255 | 255 | | and subject, and remain displayed on the school website for 120 |
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256 | 256 | | at least two years. For privacy purposes, teachers and 121 |
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257 | 257 | | staff employed by the school may request that a school use a 122 |
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258 | 258 | | personal title and last initial in lieu of a full name. The 123 |
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259 | 259 | | date of the latest modification or update to such 124 |
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260 | 260 | | information shall be displayed on th e same website location. 125 |
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261 | 261 | | 7. To prepare and host the listing of materials and 126 |
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262 | 262 | | activities pursuant to subsection 2 of this section, a 127 |
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263 | 263 | | school: 128 |
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264 | 264 | | (1) May utilize a collaborative online document or 129 |
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265 | 265 | | spreadsheet software that allows multiple authoriz ed users 130 |
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266 | 266 | | to update or make additions to posted content on an ongoing 131 |
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267 | 267 | | basis, as long as a link to the listing is publicly 132 |
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268 | 268 | | accessible via the school website; 133 |
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269 | 269 | | (2) May satisfy the requirements of subdivision (2) of 134 |
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270 | 270 | | subsection 2 of this section by pos ting a copy or the full 135 |
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271 | 271 | | text of the lesson plans submitted to the school principal 136 |
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272 | 272 | | or other staff by instructors at the school in the current 137 |
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273 | 273 | | year, provided that the lesson plans provide equivalent 138 |
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274 | 274 | | detail of the learning materials and activities used f or 139 |
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275 | 275 | | student instruction as required by subdivision (2) of 140 |
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276 | 276 | | subsection 2 of this section, and that any such learning 141 |
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277 | 277 | | materials and activities not recorded on the lesson plans 142 |
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278 | 278 | | are also disclosed via a publicly accessible portion of the 143 |
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279 | 279 | | school website in the manner prescribed by subdivision (2) 144 |
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280 | 280 | | of subsection 2 of this section. 145 SB 115 10 |
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281 | 281 | | 8. The listing of materials and activities pursuant to 146 |
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282 | 282 | | subsection 2 of this section shall be created and displayed 147 |
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283 | 283 | | in searchable or sortable electronic formats. 148 |
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284 | 284 | | 9. A school whose materials or activities are selected 149 |
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285 | 285 | | independently by instructors at a school with fewer than 150 |
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286 | 286 | | twenty enrolled students is not required to post a list of 151 |
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287 | 287 | | learning materials and activities pursuant to this section. 152 |
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288 | 288 | | 10. The attorney general, commissioner of education, 153 |
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289 | 289 | | state auditor, prosecuting or circuit attorney for the 154 |
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290 | 290 | | county in which an alleged violation of this section occurs, 155 |
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291 | 291 | | or a resident of the school district in which an alleged 156 |
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292 | 292 | | violation of this section occurs, may initiate a suit in the 157 |
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293 | 293 | | jurisdiction in which the school district, public school, 158 |
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294 | 294 | | public charter school, or other governmental entity 159 |
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295 | 295 | | responsible for the oversight of public secondary or 160 |
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296 | 296 | | elementary schools is located for the purpose of complying 161 |
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297 | 297 | | with this section. 162 |
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298 | 298 | | 11. An attorney acting on behalf of a school district, 163 |
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299 | 299 | | public school, public charter school, or the department of 164 |
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300 | 300 | | elementary and secondary education may request a legal 165 |
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301 | 301 | | opinion of the prosecuting attorney or the attorney general 166 |
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302 | 302 | | as to whether a particular piece of training, learning, or 167 |
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303 | 303 | | curricular material or activity fits under this section and 168 |
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304 | 304 | | has been disclosed in a manner complying with this section. 169 |
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305 | 305 | | 12. The court which has jurisdiction over the school 170 |
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306 | 306 | | district or charter school may order the production of any 171 |
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307 | 307 | | learning materials or other materials or activities, as 172 |
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308 | 308 | | specified in this section, improperly withheld from the 173 |
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309 | 309 | | complainant. In such a case, the court shall determine the 174 |
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310 | 310 | | matter de novo, and may examine the contents of suc h 175 |
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311 | 311 | | materials in camera to determine whether such materials or 176 |
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312 | 312 | | any part thereof shall be withheld. The court may assess 177 SB 115 11 |
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313 | 313 | | against the school district or charter school reasonable 178 |
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314 | 314 | | attorney's fees and other costs reasonably incurred in any 179 |
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315 | 315 | | case under this section in which the complainant has 180 |
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316 | 316 | | prevailed. In the event of noncompliance with the order of 181 |
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317 | 317 | | the court, the court may punish for contempt the responsible 182 |
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318 | 318 | | official or employee. Courts shall not entertain complaints 183 |
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319 | 319 | | under this section unless complai nants have first attempted 184 |
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320 | 320 | | to remedy the alleged noncompliance by contacting school 185 |
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321 | 321 | | officials, and if not resolved to the satisfaction of the 186 |
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322 | 322 | | complainant by school officials within fifteen days, by 187 |
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323 | 323 | | contacting the school board, which shall have forty -five 188 |
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324 | 324 | | days to resolve the alleged noncompliance. 189 |
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325 | 325 | | 13. Neither the department nor the school board of a 190 |
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326 | 326 | | public school, including the governing body of a public 191 |
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327 | 327 | | charter school, nor any staff employed thereby and acting in 192 |
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328 | 328 | | the course of their official d uties, shall purchase or 193 |
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329 | 329 | | contract for copyrighted learning materials to be used for 194 |
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330 | 330 | | student instruction at the school, including the renewal of 195 |
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331 | 331 | | subscription-based materials for which students are provided 196 |
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332 | 332 | | individual login credentials or access via elec tronic 197 |
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333 | 333 | | personal devices, unless provision is made to allow parents 198 |
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334 | 334 | | and guardians of enrolled students to review the materials 199 |
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335 | 335 | | within thirty days of the submission of a written request to 200 |
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336 | 336 | | the school. The means of provision shall include at least 201 |
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337 | 337 | | one of the following: 202 |
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338 | 338 | | (1) Providing access to the materials at the school 203 |
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339 | 339 | | site during the school's normal hours of operation within 204 |
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340 | 340 | | thirty days of written request; or 205 |
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341 | 341 | | (2) Providing temporary remote access or login 206 |
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342 | 342 | | credentials to at least one copy of the materials for review 207 |
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343 | 343 | | for at least a twenty -four-hour period following each 208 SB 115 12 |
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344 | 344 | | request, not to exceed one request per item per household 209 |
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345 | 345 | | during each thirty-day period. 210 |
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346 | 346 | | 14. The parent or guardian reviewing copyrighted 211 |
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347 | 347 | | digital materials shall n ot be required as a condition of 212 |
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348 | 348 | | reviewing the materials to enter into terms of a 213 |
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349 | 349 | | nondisclosure agreement nor waive any rights beyond 214 |
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350 | 350 | | complying with federal copyright law. 215 |
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351 | 351 | | 15. The department of elementary and secondary 216 |
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352 | 352 | | education may promulgate ru les to carry out the provisions 217 |
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353 | 353 | | of this section. Any rule or portion of a rule, as that 218 |
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354 | 354 | | term is defined in section 536.010, that is created under 219 |
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355 | 355 | | the authority delegated in this section shall become 220 |
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356 | 356 | | effective only if it complies with and is subject to all of 221 |
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357 | 357 | | the provisions of chapter 536 and, if applicable, section 222 |
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358 | 358 | | 536.028. This section and chapter 536 are nonseverable and 223 |
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359 | 359 | | if any of the powers vested with the general assembly 224 |
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360 | 360 | | pursuant to chapter 536 to review, to delay the effective 225 |
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361 | 361 | | date, or to disapprove and annul a rule are subsequently 226 |
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362 | 362 | | held unconstitutional, then the grant of rulemaking 227 |
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363 | 363 | | authority and any rule proposed or adopted after August 28, 228 |
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364 | 364 | | 2025, shall be invalid and void. 229 |
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365 | 365 | | 161.1140. 1. This act may be cited as the " Parents' 1 |
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366 | 366 | | Bill of Rights Act of 2025". 2 |
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367 | 367 | | 2. No school district shall deny to the parent or 3 |
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368 | 368 | | guardian of a minor child any or all of the following rights: 4 |
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369 | 369 | | (1) The right to fully review, in physical or digital 5 |
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370 | 370 | | optical character recognition format, and make copies of, 6 |
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371 | 371 | | the curricula, books, and other educational materials used 7 |
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372 | 372 | | by the school attended by their minor child or school 8 |
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373 | 373 | | district that serves such school. This right shall be 9 |
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374 | 374 | | understood to: 10 SB 115 13 |
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375 | 375 | | (a) Include a right to affirmative disclos ure of class 11 |
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376 | 376 | | syllabi and reading lists to the parent or guardian of a 12 |
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377 | 377 | | minor child by the school attended by their minor child or 13 |
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378 | 378 | | school district that serves such school; and 14 |
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379 | 379 | | (b) Prohibit a requirement that an individual sign a 15 |
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380 | 380 | | nondisclosure agreement as a condition of viewing or 16 |
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381 | 381 | | otherwise accessing curricular materials; 17 |
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382 | 382 | | (2) The right to access information on the teachers, 18 |
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383 | 383 | | guest lecturers, and outside presenters who engage with 19 |
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384 | 384 | | students at the school attended by their minor child. This 20 |
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385 | 385 | | right shall be understood to prohibit schools from 21 |
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386 | 386 | | permitting or requiring the attendance of minor children at 22 |
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387 | 387 | | school assemblies, field trips, and other extracurricular 23 |
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388 | 388 | | activities, absent affirmative consent from their parent or 24 |
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389 | 389 | | guardian; 25 |
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390 | 390 | | (3) The right to access information on all third -party 26 |
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391 | 391 | | individuals and organizations that receive contracts or 27 |
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392 | 392 | | other funding through the school attended by their minor 28 |
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393 | 393 | | child or the school district that serves such school; 29 |
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394 | 394 | | (4) The right to visit their mino r child at school 30 |
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395 | 395 | | during school hours; 31 |
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396 | 396 | | (5) The right to access all records generated by the 32 |
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397 | 397 | | school attended by their minor child or the school district 33 |
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398 | 398 | | that serves such school that concerns their minor child; 34 |
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399 | 399 | | (6) The right to access informat ion pertaining to the 35 |
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400 | 400 | | collection and transmission of data regarding their minor 36 |
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401 | 401 | | child by the school attended by their minor child or the 37 |
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402 | 402 | | school district that serves such school. This right shall 38 |
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403 | 403 | | be understood to: 39 |
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404 | 404 | | (a) Include a right to access in formation on any 40 |
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405 | 405 | | outside entity, including an accreditor, marketing 41 SB 115 14 |
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406 | 406 | | consultancy, or third -party clearing-house, to which student 42 |
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407 | 407 | | data, whether anonymized or not, is transferred; 43 |
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408 | 408 | | (b) Prohibit the collection, by the school attended by 44 |
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409 | 409 | | their minor child or the school district that serves such 45 |
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410 | 410 | | school, of any biometric data or other sensitive personal 46 |
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411 | 411 | | information from the minor child, absent affirmative consent 47 |
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412 | 412 | | by a parent or guardian of the minor child; and 48 |
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413 | 413 | | (c) Require that schools and school districts serving 49 |
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414 | 414 | | such schools make available processes by which the parent or 50 |
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415 | 415 | | guardian of a minor child may object in writing to, and deny 51 |
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416 | 416 | | consent to, the use of videographic, photographic, or audio 52 |
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417 | 417 | | depictions of their minor child by the school or sc hool 53 |
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418 | 418 | | district serving such school; 54 |
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419 | 419 | | (7) The right to be heard at school board meetings or 55 |
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420 | 420 | | other governance hearings pertaining to the school attended 56 |
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421 | 421 | | by their minor child or the school district that serves such 57 |
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422 | 422 | | school. This right shall be underst ood to require that 58 |
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423 | 423 | | school board meetings or other governance hearings 59 |
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424 | 424 | | pertaining to curricula, safety, and other student issues be 60 |
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425 | 425 | | conducted publicly and allow for public comments; 61 |
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426 | 426 | | (8) The right to be notified of situations affecting 62 |
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427 | 427 | | the safety of their minor child at school. This right shall 63 |
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428 | 428 | | be understood to require, but is not limited to requiring, 64 |
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429 | 429 | | that schools notify parents or guardians within forty -eight 65 |
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430 | 430 | | hours of any or all of the following incidents: 66 |
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431 | 431 | | (a) Physical assaults occurrin g on school premises; 67 |
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432 | 432 | | (b) Sexual assaults occurring on school premises; 68 |
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433 | 433 | | (c) Appearances of weapons on school premises; 69 |
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434 | 434 | | (d) Drug use or possession on school premises; 70 |
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435 | 435 | | (e) Police investigations on school premises; and 71 |
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436 | 436 | | (f) Crimes, including misdemeanors, committed by 72 |
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437 | 437 | | teachers or other school or school district employees, 73 SB 115 15 |
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438 | 438 | | whether such offenses were committed on or off the campus of 74 |
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439 | 439 | | a school; 75 |
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440 | 440 | | (9) The right to object to the instructional materials 76 |
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441 | 441 | | and other materials used i n their child's classroom based on 77 |
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442 | 442 | | the parent's beliefs that such materials are inappropriate 78 |
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443 | 443 | | for whatever reason and to be assured that such 79 |
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444 | 444 | | objectionable materials are not taught to the parent's child. 80 |
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445 | 445 | | 3. Any person who is denied one or more of the rights 81 |
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446 | 446 | | identified in subsection 2 of this section may bring a civil 82 |
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447 | 447 | | action in any court of competent jurisdiction for injunctive 83 |
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448 | 448 | | relief. 84 |
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449 | 449 | | 4. In any case in which the attorney general has 85 |
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450 | 450 | | reason to believe that an interest of the residents of t his 86 |
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451 | 451 | | state has been or is threatened or adversely affected by the 87 |
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452 | 452 | | engagement of any entity in an act or practice denying one 88 |
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453 | 453 | | or more of the rights identified in subsection 2 of this 89 |
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454 | 454 | | section, the attorney general may bring a civil action on 90 |
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455 | 455 | | behalf of the residents of the state in a court of competent 91 |
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456 | 456 | | jurisdiction to obtain injunctive relief. 92 |
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457 | 457 | | 5. If a school district is found by a court of a 93 |
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458 | 458 | | competent jurisdiction in a final judgment not subject to 94 |
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459 | 459 | | further appeal to have violated the provisions of this 95 |
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460 | 460 | | section, the department of elementary and secondary 96 |
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461 | 461 | | education may withhold up to fifty percent of the state aid 97 |
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462 | 462 | | for such district due to such school district under chapter 98 |
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463 | 463 | | 163 for the following fiscal year. 99 |
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464 | 464 | | 167.177. 1. Any school district in the state may 1 |
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465 | 465 | | adopt the provisions of subsections 2 and 3 of this section 2 |
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466 | 466 | | if approved by vote of residents of the school district. 3 |
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467 | 467 | | 2. As used in this section, the following terms mean: 4 |
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468 | 468 | | (1) "Public school", the same definition as in section 5 |
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469 | 469 | | 160.011; 6 SB 115 16 |
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470 | 470 | | (2) "Sex", an individual's biological sex based solely 7 |
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471 | 471 | | on an individual's reproductive biology and genetics at 8 |
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472 | 472 | | birth. 9 |
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473 | 473 | | 3. No public school shall knowingly allow a student of 10 |
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474 | 474 | | the male sex who is enrolled in such public school to 11 |
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475 | 475 | | participate on a school -sponsored athletic team that is 12 |
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476 | 476 | | exclusively for students of the female sex. 13 |
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477 | 477 | | 4. Beginning July 1, 2026, the joint committee on 14 |
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478 | 478 | | education shall study student athletic events that are 15 |
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479 | 479 | | exclusively for males or exclu sively for females and the 16 |
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480 | 480 | | impact of a policy that prohibits participation in those 17 |
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481 | 481 | | events by individuals who are of the opposite sex. Before 18 |
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482 | 482 | | January 1, 2027, the joint committee shall report its 19 |
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483 | 483 | | findings and recommendations, with any legislation requ ired 20 |
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484 | 484 | | to implement the recommendations, to the general assembly. 21 |
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485 | 485 | | 5. The attorney general may investigate any school 22 |
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486 | 486 | | district that he or she believes may be in violation of this 23 |
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487 | 487 | | section. Any school district found to be in violation of 24 |
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488 | 488 | | this section shall have fifty percent of any state revenues 25 |
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489 | 489 | | appropriated to such school district pursuant to chapter 163 26 |
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490 | 490 | | withheld until such school district provides evidence to the 27 |
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491 | 491 | | department of elementary and secondary education that the 28 |
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492 | 492 | | school district is in co mpliance with this section. 29 |
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493 | 493 | | |
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