Text of AR SB 389 (2021)

Stricken language would be deleted from and underlined language would be added to present law. Act 552 of the Regular Session *TNL184* 03-15-2021 10:17:54 TNL184 State of Arkansas As Engrossed: S3/9/21 S3/15/21 1 93rd General Assembly A Bill 2 Regular Session, 2021 SENATE BILL 389 3 4 By: Senators B. Ballinger, Beckham 5 By: Representatives Bentley, Gonzales, Pilkington 6 7 For An Act To Be Entitled 8 AN ACT TO REQUIRE THAT A PUBLIC SCHOOL PROVIDE TO 9 PARENTS AND LEGAL GUARDIANS OF PUBLIC SCHOOL STUDENTS 10 PRIOR WRITTEN NOTIFICATION OF AND AN OPPORTUNITY TO 11 INSPECT MATERIALS RELATED TO SEX EDUCATION, SEXUAL 12 ORIENTATION, AND GENDER IDENTITY; AND FOR OTHER 13 PURPOSES. 14 15 16 Subtitle 17 TO REQUIRE A PUBLIC SCHOOL TO PROVIDE TO 18 PARENTS AND LEGAL GUARDIANS PRIOR WRITTEN 19 NOTIFICATION OF AND AN OPPORTUNITY TO 20 INSPECT MATERIALS RELATED TO SEX 21 EDUCATION, SEXUAL ORIENTATION, AND GENDER 22 IDENTITY. 23 24 25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26 27 SECTION 1. Arkansas Code Title 6, Chapter 16, Subchapter 10, is 28 amended to add an additional section to read as follows: 29 6-16-1005. Parental notice and consent. 30 (a) As used in this section: 31 (1) "Gender identity" means the same as is used in the 32 Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, which 33 defines it as a category of social identity and refers to an individual's 34 identification as male, female, or, occasionally, some category other than 35 male or female; and 36 As Engrossed: S3/9/21 S3/15/21 SB389 2 03-15-2021 10:17:54 TNL184 (2) "Sexual orientation" means an individual's actual or 1 perceived orientation as heterosexual, homosexual, or bisexual. 2 (b)(1) A public school shall make the following, as they relate to sex 3 education, sexual orientation, and gender identity, available for inspection 4 by parents and legal guardians of participating public school students: 5 (A) Curricula; 6 (B) Materials; 7 (C) Tests; 8 (D) Surveys; 9 (E) Questionnaires; 10 (F) Activities; and 11 (G) Instruction of any kind. 12 (2) Information made available for inspection under subdivision 13 (b)(1) of this section shall be made available regardless of whether any of 14 the listed items are offered as part of a sex education class or program or 15 as part of any other class, activity, or program. 16 (c)(1) A public school shall provide: 17 (A) Prior written notification to parents and legal 18 guardians of public school students participating in any of the listed items 19 under subdivision (b)(1) of this section; and 20 (B) A means by which parents and legal guardians of public 21 school students participating in any of the listed items under subdivision 22 (b)(1) of this section may: 23 (i) Inspect the items listed under subdivision 24 (b)(1) of this section; and 25 (ii)(a) Notify the public school district in writing 26 if the parent or legal guardian does not want his or her child to participate 27 in any of the items listed under subdivision (b)(1) of this section. 28 (b) A student who is excused from 29 participating in any or all portions of the items listed under subdivision 30 (b)(1) of this section shall not be penalized for grading purposes if the 31 student satisfactorily performs alternative lessons related to health. 32 (2) Each public school shall develop a means of: 33 (A) Providing written notification to parents and legal 34 guardians as required under subdivision (c)(1) of this section that ensures 35 effective notice and the ability of parents and legal guardians to exercise 36 As Engrossed: S3/9/21 S3/15/21 SB389 3 03-15-2021 10:17:54 TNL184 their rights under this section in an efficient and appropriate manner; and 1 (B) Receiving a confirmation of receipt from parents and 2 legal guardians of the written notification required under subdivision (c)(1) 3 of this section. 4 (d) This section does not require: 5 (1) Parental notification before a public school or a public 6 school district employee: 7 (A) Responds to questions posed by public school students 8 during class regarding sex education, sexual orientation, or gender identity 9 as it relates to a topic of instruction; or 10 (B) Refers to the sexual orientation or gender identity of 11 a historical person, group, or public figure when such information provides 12 necessary context in relation to a topic of instruction; or 13 (2) Local public school districts to provide instruction 14 regarding sex education, sexual orientation, or gender identity not otherwise 15 required by law. 16 (e) The requirements under subdivision (c)(1) of this section shall 17 not apply if the listed item under subdivision (c)(1) of this section is 18 directly related to a requirement under the Arkansas academic standards for 19 the particular item in question. 20 21 22 /s/B. Ballinger 23 24 25 APPROVED: 4/5/21 26 27 28 29 30 31 32 33 34 35 36