Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0396 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO EDUCATION -- RIGHTS OF PARENTS AND GUARDIAN S IN PUBLIC
1616 EDUCATIONAL INSTRUCT ION ACT
1717 Introduced By: Senators E Morgan, Rogers, de la Cruz, Paolino, and Raptakis
1818 Date Introduced: February 26, 2025
1919 Referred To: Senate Education
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by 1
2424 adding thereto the following chapter: 2
2525 CHAPTER 117 3
2626 RIGHTS OF PARENTS AND GUARDIANS IN PUBLIC EDUCATIONAL INSTRUCTION 4
2727 ACT 5
2828 16-117-1. Short title. 6
2929 This chapter shall be known and may be cited as the "Rights of Parents and Guardians in 7
3030 Public Educational Instruction Act." 8
3131 16-117-2. Legislative purpose. 9
3232 It is the purpose of this chapter to enable parents and guardians to have a voice in the 10
3333 materials taught to their kindergarten through grade twelve (K-12) children. 11
3434 16-117-3. Definitions. 12
3535 As used in this chapter, the following words and terms shall have the following meanings 13
3636 unless the context shall clearly indicate another or different meaning or intent: 14
3737 (1) "Lesson plan" means the daily, weekly, or other routinely produced guide, description 15
3838 or outline of the instruction to be provided by a teacher to students at school. 16
3939 (2) "Objects to any learning material or activity on the basis that the material or activity is 17
4040 harmful" means objecting to the material or activity because of sexual content, violent content or 18
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4444 profane or vulgar language. 1
4545 (3) "Procedures or processes" means procedures or processes that may vary by subject, 2
4646 area or grade. 3
4747 (4) "Public educational institution" means any of the following: 4
4848 (i) A school district, including its schools; or 5
4949 (ii) A charter school. 6
5050 (5) "Used for student instruction" means: 7
5151 (i) Assigned, distributed or otherwise presented to students in any course for which students 8
5252 receive academic credit or in any educational capacity in which the school requires the student 9
5353 body to participate or in which a majority of students, in a given grade level, participate; and 10
5454 (ii) Includes learning materials or activities from which students are required to choose one 11
5555 or more from a selection of materials that is restricted to specific titles. 12
5656 16-117-4. Publication and posting by municipality. 13
5757 (a) Every municipality shall publish or prominently place on the municipal website, at least 14
5858 annually, a directory summarizing the subject matter of all currently applicable ordinances, codes 15
5959 and substantive policy statements. The municipality shall keep copies of the directory and all 16
6060 substantive policy statements at one location. The directory, ordinances, codes and substantive 17
6161 policy statements and any materials incorporated by reference in the documents shall be open to 18
6262 public inspection at the office of the municipality or posted on the municipal website. 19
6363 (b) The municipality may post on its website links to the website of each school that posts 20
6464 materials pursuant to this chapter and that is located within the municipality 21
6565 16-117-5. Parents' and guardians' rights in educational materials. 22
6666 (a) A parent or guardian of a student in a public educational institution has the right to 23
6767 review learning materials and activities in advance. A parent or guardian who objects to any 24
6868 learning material or activity on the basis that the material or activity is harmful may request to 25
6969 withdraw their student from the activity or from the class or program in which the material is used 26
7070 and request an alternative assignment. 27
7171 (b) To ensure a parent's or guardian’s right to review learning materials and activities as 28
7272 described in subsection (a) of this section, beginning in the 2025-2026 school year, each school 29
7373 committee or school district governing board and charter school governing body shall ensure that 30
7474 each school under its authority prominently discloses on a publicly accessible portion of its website 31
7575 all of the following: 32
7676 (1) The procedures or processes in effect at the school for a parent or guardian to access in 33
7777 advance to review the current learning materials and activities used for student instruction at the 34
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8181 school; 1
8282 (2) The procedures or processes in effect for the school principal or other staff to document, 2
8383 review or approve lesson plans or the learning materials and activities used for student instruction 3
8484 or teacher training at the school and any change in those procedures or processes from the prior 4
8585 year; 5
8686 (3) A listing of the learning materials and activities used for instruction at the school in the 6
8787 current year, including the following, organized, at a minimum, by subject area and grade: 7
8888 (i) Textbooks, articles and other required reading materials; 8
8989 (ii) Videos and audio recordings; 9
9090 (iii) Digital materials; 10
9191 (iv) Websites; 11
9292 (v) Online applications for a phone, laptop or tablet; 12
9393 (vi) Instructional handouts and worksheets; 13
9494 (vii) Grade level or school wide assemblies; 14
9595 (viii) Guest lecturers; 15
9696 (ix) Action-oriented civics learning assignments or projects, including the contacting of 16
9797 elected officials, advocating for or commenting on a political or social issue or participating in 17
9898 political or social demonstrations; 18
9999 (x) Service-learning, internships or other forms of collaboration with outside organizations 19
100100 after regular school hours for course credit or as a class project or assignment; and 20
101101 (xi) Other educational events facilitated by the school's staff, including those events 21
102102 conducted by outside individuals or organizations; 22
103103 (4) A listing of the teacher training materials and activities used at the school in the current 23
104104 year; 24
105105 (5) A listing of available resources in the school library at each school that maintains a 25
106106 catalog or documented inventory of those resources; and 26
107107 (6) A copy of each survey or the full text of any question included on a survey administered 27
108108 at the school that solicits personal information about a student, and that requires the authorization 28
109109 of the school district or charter school. 29
110110 (c) The information required by this section shall be displayed online at least seven (7) 30
111111 days before the start of each school year, if available, or, at the latest, three (3) calendar days before 31
112112 the first use of each training or learning material or activity, survey or library resource in the current 32
113113 year. Information posted pursuant to this section may be posted on an ongoing basis; provided that, 33
114114 parents or guardians are notified of additions made during the school year at least three (3) calendar 34
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118118 days before the first use of the material or activity. The listing of materials shall remain accessible 1
119119 via the school website until at least the conclusion of the following school year. 2
120120 (d) In preparing the listing of learning materials and activities, the school: 3
121121 (1) Shall list the information necessary to identify the specific learning materials and 4
122122 activities used for student instruction, including at least the title and the author, organization or 5
123123 Internet address associated with each learning material and activity. A short description of the 6
124124 learning material or activity may be included as necessary. This section does not require: 7
125125 (i) The digital reproduction of the learning materials or activities; 8
126126 (ii) The disclosure of academic assessments; or 9
127127 (iii) The separate reporting of individual components of learning materials that are 10
128128 produced as a single volume, except that for digital volumes containing works by multiple authors, 11
129129 the school shall provide either a table of contents or Internet address that discloses the discrete 12
130130 works and authors contained within the volume. Articles, videos or other materials from websites 13
131131 shall be identified, if possible, with an Internet address specific to the relevant content used for 14
132132 student instruction; 15
133133 (2) May use collaborative online document or spreadsheet software that allows multiple 16
134134 authorized users to update or make additions to posted content on an ongoing basis; provided that, 17
135135 the information is publicly accessible via a posted link on the school website; and 18
136136 (3) May satisfy the requirements of this section by posting a copy or the full text of the 19
137137 lesson plans submitted to the school principal or other staff by instructors at the school in the current 20
138138 year; provided that, any learning materials and activities not recorded on the lesson plans are also 21
139139 listed via a publicly accessible portion of the school website. 22
140140 16-117-6. Waiver. 23
141141 (a) A charter school may require parents or guardians to waive the right to object to learning 24
142142 materials or activities pursuant to this chapter as a condition of enrollment if the charter school 25
143143 provides a complete list of books and materials to be used each school year before the student 26
144144 enrolls. If the charter school introduces books or materials that were not disclosed prior to 27
145145 enrollment, the parent or guardian retains the right to object to those materials pursuant to this 28
146146 chapter. 29
147147 (b) A charter school may require that any request to review learning materials or activities 30
148148 or to withdraw the student from learning materials or activities pursuant to this chapter be made in 31
149149 writing. 32
150150 (c) A public educational institution shall obtain signed, written consent from a student's 33
151151 parent or guardian before doing either of the following: 34
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155155 (1) Using video, audio or electronic materials that may be inappropriate for the age of the 1
156156 student; or 2
157157 (2) Providing sex education instruction to the student. At the same time the public 3
158158 educational institution seeks consent, it shall inform the student's parent or guardian of their right 4
159159 to review the learning materials and activities. 5
160160 (d) This section does not require a school to post or distribute a training or learning material 6
161161 or activity in a manner that would constitute an infringement of copyright under the copyright act 7
162162 (P. L. 94-553; 90 stat. 2541 to 2598; 17 USC §§ 101 to 1332). 8
163163 16-117-7. Remedies. 9
164164 (a) The parent or guardian may not initiate legal action to enforce this chapter unless the 10
165165 party adheres to the following process: 11
166166 (1) The party shall submit a complaint in writing with the specific facts of the alleged 12
167167 violation to the principal of the school. The principal shall investigate the complaint and respond 13
168168 in writing, including a description of any action taken to resolve the complaint, within fifteen (15) 14
169169 days after receiving the written complaint. 15
170170 (2) If the action taken by the principal of the school does not resolve the complaint, the 16
171171 party shall submit a complaint in writing with the specific facts of the alleged violation to the school 17
172172 district governing board or charter school governing body or the administrator designated by the 18
173173 governing board or governing body. The school district governing board, charter school governing 19
174174 body or designated administrator shall investigate the complaint and respond in writing, including 20
175175 a description of any action taken to resolve the complaint, within twenty-five (25) days after 21
176176 receiving the written complaint. 22
177177 (3) If the action taken by the school district governing board, charter school governing 23
178178 body or designated administrator does not resolve the complaint, the party may pursue legal action 24
179179 to enforce this chapter. 25
180180 (4) If a complaint is not resolved after pursing resolution pursuant to this section, the parent 26
181181 or guardian may initiate a suit in superior court to bring action for injunctive relief to compel the 27
182182 school district or charter school to bring the school into compliance with this chapter. 28
183183 16-117-8. Liberal construction. 29
184184 This chapter, being necessary for the welfare of the state and its inhabitants, shall be 30
185185 liberally construed in order to effectuate its purposes. 31
186186 16-117-9. Severability. 32
187187 If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any 33
188188 court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate 34
189189
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192192 the remainder of the chapter but shall be confined in its operation to the clause, sentence, paragraph, 1
193193 section, or part directly involved in the controversy in which that judgment shall have been 2
194194 rendered. 3
195195 SECTION 2. This act shall take effect upon passage. 4
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202202 EXPLANATION
203203 BY THE LEGISLATIVE COUNCIL
204204 OF
205205 A N A C T
206206 RELATING TO EDUCATION -- RIGHTS OF PARENTS AND GUARD IANS IN PUBLIC
207207 EDUCATIONAL INSTRUCT ION ACT
208208 ***
209209 This act would enable parents and guardians to review public school learning materials in 1
210210 advance and object if they decide that the material is harmful. The act would provide that a parent 2
211211 or guardian may then withdraw their student from the activity or class, where the material is used 3
212212 and request an alternative assignment. The act would also require, that in order to ensure the 4
213213 parent’s or guardian's rights, every school committee or charter school governing body shall 5
214214 disclose on their website a list of the learning materials and activities used for instruction organized 6
215215 by subject area and grade level. 7
216216 This act would take effect upon passage. 8
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