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5 | 5 | | 2025 -- S 0396 |
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6 | 6 | | ======== |
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7 | 7 | | LC001967 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO EDUCATION -- RIGHTS OF PARENTS AND GUARDIAN S IN PUBLIC |
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16 | 16 | | EDUCATIONAL INSTRUCT ION ACT |
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17 | 17 | | Introduced By: Senators E Morgan, Rogers, de la Cruz, Paolino, and Raptakis |
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18 | 18 | | Date Introduced: February 26, 2025 |
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19 | 19 | | Referred To: Senate Education |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by 1 |
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24 | 24 | | adding thereto the following chapter: 2 |
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25 | 25 | | CHAPTER 117 3 |
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26 | 26 | | RIGHTS OF PARENTS AND GUARDIANS IN PUBLIC EDUCATIONAL INSTRUCTION 4 |
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27 | 27 | | ACT 5 |
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28 | 28 | | 16-117-1. Short title. 6 |
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29 | 29 | | This chapter shall be known and may be cited as the "Rights of Parents and Guardians in 7 |
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30 | 30 | | Public Educational Instruction Act." 8 |
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31 | 31 | | 16-117-2. Legislative purpose. 9 |
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32 | 32 | | It is the purpose of this chapter to enable parents and guardians to have a voice in the 10 |
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33 | 33 | | materials taught to their kindergarten through grade twelve (K-12) children. 11 |
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34 | 34 | | 16-117-3. Definitions. 12 |
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35 | 35 | | As used in this chapter, the following words and terms shall have the following meanings 13 |
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36 | 36 | | unless the context shall clearly indicate another or different meaning or intent: 14 |
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37 | 37 | | (1) "Lesson plan" means the daily, weekly, or other routinely produced guide, description 15 |
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38 | 38 | | or outline of the instruction to be provided by a teacher to students at school. 16 |
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39 | 39 | | (2) "Objects to any learning material or activity on the basis that the material or activity is 17 |
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40 | 40 | | harmful" means objecting to the material or activity because of sexual content, violent content or 18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001967 - Page 2 of 7 |
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44 | 44 | | profane or vulgar language. 1 |
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45 | 45 | | (3) "Procedures or processes" means procedures or processes that may vary by subject, 2 |
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46 | 46 | | area or grade. 3 |
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47 | 47 | | (4) "Public educational institution" means any of the following: 4 |
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48 | 48 | | (i) A school district, including its schools; or 5 |
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49 | 49 | | (ii) A charter school. 6 |
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50 | 50 | | (5) "Used for student instruction" means: 7 |
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51 | 51 | | (i) Assigned, distributed or otherwise presented to students in any course for which students 8 |
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52 | 52 | | receive academic credit or in any educational capacity in which the school requires the student 9 |
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53 | 53 | | body to participate or in which a majority of students, in a given grade level, participate; and 10 |
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54 | 54 | | (ii) Includes learning materials or activities from which students are required to choose one 11 |
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55 | 55 | | or more from a selection of materials that is restricted to specific titles. 12 |
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56 | 56 | | 16-117-4. Publication and posting by municipality. 13 |
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57 | 57 | | (a) Every municipality shall publish or prominently place on the municipal website, at least 14 |
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58 | 58 | | annually, a directory summarizing the subject matter of all currently applicable ordinances, codes 15 |
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59 | 59 | | and substantive policy statements. The municipality shall keep copies of the directory and all 16 |
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60 | 60 | | substantive policy statements at one location. The directory, ordinances, codes and substantive 17 |
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61 | 61 | | policy statements and any materials incorporated by reference in the documents shall be open to 18 |
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62 | 62 | | public inspection at the office of the municipality or posted on the municipal website. 19 |
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63 | 63 | | (b) The municipality may post on its website links to the website of each school that posts 20 |
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64 | 64 | | materials pursuant to this chapter and that is located within the municipality 21 |
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65 | 65 | | 16-117-5. Parents' and guardians' rights in educational materials. 22 |
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66 | 66 | | (a) A parent or guardian of a student in a public educational institution has the right to 23 |
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67 | 67 | | review learning materials and activities in advance. A parent or guardian who objects to any 24 |
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68 | 68 | | learning material or activity on the basis that the material or activity is harmful may request to 25 |
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69 | 69 | | withdraw their student from the activity or from the class or program in which the material is used 26 |
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70 | 70 | | and request an alternative assignment. 27 |
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71 | 71 | | (b) To ensure a parent's or guardian’s right to review learning materials and activities as 28 |
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72 | 72 | | described in subsection (a) of this section, beginning in the 2025-2026 school year, each school 29 |
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73 | 73 | | committee or school district governing board and charter school governing body shall ensure that 30 |
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74 | 74 | | each school under its authority prominently discloses on a publicly accessible portion of its website 31 |
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75 | 75 | | all of the following: 32 |
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76 | 76 | | (1) The procedures or processes in effect at the school for a parent or guardian to access in 33 |
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77 | 77 | | advance to review the current learning materials and activities used for student instruction at the 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC001967 - Page 3 of 7 |
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81 | 81 | | school; 1 |
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82 | 82 | | (2) The procedures or processes in effect for the school principal or other staff to document, 2 |
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83 | 83 | | review or approve lesson plans or the learning materials and activities used for student instruction 3 |
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84 | 84 | | or teacher training at the school and any change in those procedures or processes from the prior 4 |
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85 | 85 | | year; 5 |
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86 | 86 | | (3) A listing of the learning materials and activities used for instruction at the school in the 6 |
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87 | 87 | | current year, including the following, organized, at a minimum, by subject area and grade: 7 |
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88 | 88 | | (i) Textbooks, articles and other required reading materials; 8 |
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89 | 89 | | (ii) Videos and audio recordings; 9 |
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90 | 90 | | (iii) Digital materials; 10 |
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91 | 91 | | (iv) Websites; 11 |
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92 | 92 | | (v) Online applications for a phone, laptop or tablet; 12 |
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93 | 93 | | (vi) Instructional handouts and worksheets; 13 |
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94 | 94 | | (vii) Grade level or school wide assemblies; 14 |
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95 | 95 | | (viii) Guest lecturers; 15 |
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96 | 96 | | (ix) Action-oriented civics learning assignments or projects, including the contacting of 16 |
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97 | 97 | | elected officials, advocating for or commenting on a political or social issue or participating in 17 |
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98 | 98 | | political or social demonstrations; 18 |
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99 | 99 | | (x) Service-learning, internships or other forms of collaboration with outside organizations 19 |
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100 | 100 | | after regular school hours for course credit or as a class project or assignment; and 20 |
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101 | 101 | | (xi) Other educational events facilitated by the school's staff, including those events 21 |
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102 | 102 | | conducted by outside individuals or organizations; 22 |
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103 | 103 | | (4) A listing of the teacher training materials and activities used at the school in the current 23 |
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104 | 104 | | year; 24 |
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105 | 105 | | (5) A listing of available resources in the school library at each school that maintains a 25 |
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106 | 106 | | catalog or documented inventory of those resources; and 26 |
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107 | 107 | | (6) A copy of each survey or the full text of any question included on a survey administered 27 |
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108 | 108 | | at the school that solicits personal information about a student, and that requires the authorization 28 |
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109 | 109 | | of the school district or charter school. 29 |
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110 | 110 | | (c) The information required by this section shall be displayed online at least seven (7) 30 |
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111 | 111 | | days before the start of each school year, if available, or, at the latest, three (3) calendar days before 31 |
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112 | 112 | | the first use of each training or learning material or activity, survey or library resource in the current 32 |
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113 | 113 | | year. Information posted pursuant to this section may be posted on an ongoing basis; provided that, 33 |
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114 | 114 | | parents or guardians are notified of additions made during the school year at least three (3) calendar 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC001967 - Page 4 of 7 |
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118 | 118 | | days before the first use of the material or activity. The listing of materials shall remain accessible 1 |
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119 | 119 | | via the school website until at least the conclusion of the following school year. 2 |
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120 | 120 | | (d) In preparing the listing of learning materials and activities, the school: 3 |
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121 | 121 | | (1) Shall list the information necessary to identify the specific learning materials and 4 |
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122 | 122 | | activities used for student instruction, including at least the title and the author, organization or 5 |
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123 | 123 | | Internet address associated with each learning material and activity. A short description of the 6 |
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124 | 124 | | learning material or activity may be included as necessary. This section does not require: 7 |
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125 | 125 | | (i) The digital reproduction of the learning materials or activities; 8 |
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126 | 126 | | (ii) The disclosure of academic assessments; or 9 |
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127 | 127 | | (iii) The separate reporting of individual components of learning materials that are 10 |
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128 | 128 | | produced as a single volume, except that for digital volumes containing works by multiple authors, 11 |
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129 | 129 | | the school shall provide either a table of contents or Internet address that discloses the discrete 12 |
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130 | 130 | | works and authors contained within the volume. Articles, videos or other materials from websites 13 |
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131 | 131 | | shall be identified, if possible, with an Internet address specific to the relevant content used for 14 |
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132 | 132 | | student instruction; 15 |
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133 | 133 | | (2) May use collaborative online document or spreadsheet software that allows multiple 16 |
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134 | 134 | | authorized users to update or make additions to posted content on an ongoing basis; provided that, 17 |
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135 | 135 | | the information is publicly accessible via a posted link on the school website; and 18 |
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136 | 136 | | (3) May satisfy the requirements of this section by posting a copy or the full text of the 19 |
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137 | 137 | | lesson plans submitted to the school principal or other staff by instructors at the school in the current 20 |
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138 | 138 | | year; provided that, any learning materials and activities not recorded on the lesson plans are also 21 |
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139 | 139 | | listed via a publicly accessible portion of the school website. 22 |
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140 | 140 | | 16-117-6. Waiver. 23 |
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141 | 141 | | (a) A charter school may require parents or guardians to waive the right to object to learning 24 |
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142 | 142 | | materials or activities pursuant to this chapter as a condition of enrollment if the charter school 25 |
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143 | 143 | | provides a complete list of books and materials to be used each school year before the student 26 |
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144 | 144 | | enrolls. If the charter school introduces books or materials that were not disclosed prior to 27 |
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145 | 145 | | enrollment, the parent or guardian retains the right to object to those materials pursuant to this 28 |
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146 | 146 | | chapter. 29 |
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147 | 147 | | (b) A charter school may require that any request to review learning materials or activities 30 |
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148 | 148 | | or to withdraw the student from learning materials or activities pursuant to this chapter be made in 31 |
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149 | 149 | | writing. 32 |
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150 | 150 | | (c) A public educational institution shall obtain signed, written consent from a student's 33 |
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151 | 151 | | parent or guardian before doing either of the following: 34 |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | LC001967 - Page 5 of 7 |
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155 | 155 | | (1) Using video, audio or electronic materials that may be inappropriate for the age of the 1 |
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156 | 156 | | student; or 2 |
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157 | 157 | | (2) Providing sex education instruction to the student. At the same time the public 3 |
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158 | 158 | | educational institution seeks consent, it shall inform the student's parent or guardian of their right 4 |
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159 | 159 | | to review the learning materials and activities. 5 |
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160 | 160 | | (d) This section does not require a school to post or distribute a training or learning material 6 |
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161 | 161 | | or activity in a manner that would constitute an infringement of copyright under the copyright act 7 |
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162 | 162 | | (P. L. 94-553; 90 stat. 2541 to 2598; 17 USC §§ 101 to 1332). 8 |
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163 | 163 | | 16-117-7. Remedies. 9 |
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164 | 164 | | (a) The parent or guardian may not initiate legal action to enforce this chapter unless the 10 |
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165 | 165 | | party adheres to the following process: 11 |
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166 | 166 | | (1) The party shall submit a complaint in writing with the specific facts of the alleged 12 |
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167 | 167 | | violation to the principal of the school. The principal shall investigate the complaint and respond 13 |
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168 | 168 | | in writing, including a description of any action taken to resolve the complaint, within fifteen (15) 14 |
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169 | 169 | | days after receiving the written complaint. 15 |
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170 | 170 | | (2) If the action taken by the principal of the school does not resolve the complaint, the 16 |
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171 | 171 | | party shall submit a complaint in writing with the specific facts of the alleged violation to the school 17 |
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172 | 172 | | district governing board or charter school governing body or the administrator designated by the 18 |
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173 | 173 | | governing board or governing body. The school district governing board, charter school governing 19 |
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174 | 174 | | body or designated administrator shall investigate the complaint and respond in writing, including 20 |
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175 | 175 | | a description of any action taken to resolve the complaint, within twenty-five (25) days after 21 |
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176 | 176 | | receiving the written complaint. 22 |
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177 | 177 | | (3) If the action taken by the school district governing board, charter school governing 23 |
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178 | 178 | | body or designated administrator does not resolve the complaint, the party may pursue legal action 24 |
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179 | 179 | | to enforce this chapter. 25 |
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180 | 180 | | (4) If a complaint is not resolved after pursing resolution pursuant to this section, the parent 26 |
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181 | 181 | | or guardian may initiate a suit in superior court to bring action for injunctive relief to compel the 27 |
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182 | 182 | | school district or charter school to bring the school into compliance with this chapter. 28 |
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183 | 183 | | 16-117-8. Liberal construction. 29 |
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184 | 184 | | This chapter, being necessary for the welfare of the state and its inhabitants, shall be 30 |
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185 | 185 | | liberally construed in order to effectuate its purposes. 31 |
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186 | 186 | | 16-117-9. Severability. 32 |
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187 | 187 | | If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any 33 |
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188 | 188 | | court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate 34 |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | LC001967 - Page 6 of 7 |
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192 | 192 | | the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, 1 |
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193 | 193 | | section, or part directly involved in the controversy in which that judgment shall have been 2 |
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194 | 194 | | rendered. 3 |
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195 | 195 | | SECTION 2. This act shall take effect upon passage. 4 |
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196 | 196 | | ======== |
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197 | 197 | | LC001967 |
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199 | 199 | | |
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200 | 200 | | |
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201 | 201 | | LC001967 - Page 7 of 7 |
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202 | 202 | | EXPLANATION |
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203 | 203 | | BY THE LEGISLATIVE COUNCIL |
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204 | 204 | | OF |
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205 | 205 | | A N A C T |
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206 | 206 | | RELATING TO EDUCATION -- RIGHTS OF PARENTS AND GUARD IANS IN PUBLIC |
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207 | 207 | | EDUCATIONAL INSTRUCT ION ACT |
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208 | 208 | | *** |
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209 | 209 | | This act would enable parents and guardians to review public school learning materials in 1 |
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210 | 210 | | advance and object if they decide that the material is harmful. The act would provide that a parent 2 |
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211 | 211 | | or guardian may then withdraw their student from the activity or class, where the material is used 3 |
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212 | 212 | | and request an alternative assignment. The act would also require, that in order to ensure the 4 |
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213 | 213 | | parent’s or guardian's rights, every school committee or charter school governing body shall 5 |
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214 | 214 | | disclose on their website a list of the learning materials and activities used for instruction organized 6 |
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215 | 215 | | by subject area and grade level. 7 |
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216 | 216 | | This act would take effect upon passage. 8 |
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217 | 217 | | ======== |
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218 | 218 | | LC001967 |
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