Text of MO HB 2189 (2022)

SECOND REGULAR SESSION HOUSE BILL NO. 2189 101ST GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE COLEMAN (97). 4519H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To repeal sections 160.516 and 170.011, RSMo, and to enact in lieu thereof five new sections relating to the use of certain training, instructional, and curricular materials in public schools and charter schools, with an emergency clause. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Sections 160.516 and 170.011, RSMo, are repealed and five new sections 2 enacted in lieu thereof, to be known as sections 160.516, 161.023, 161.852, 170.011, and 3 170.360, to read as follows: 160.516. 1. Notwithstanding the provisions of section 160.514, the state board of 2 education and the department of elementary and secondary education shall not be authorized 3 to mandate and are expressly prohibited from mandating or promoting the curriculum, 4 textbooks, or other instructional materials to be used in public schools. Each local school 5 board shall be [responsible for the approval and adoption of] required to approve and adopt 6 the curriculum used by the school district at least six months prior to implementation. The 7 provisions of this subsection shall not apply to schools and instructional programs 8 administered by the state board of education and the department of elementary and 9 secondary education or to school districts that are classified as unaccredited. 10 2. The state board of education and the department of elementary and secondary 11 education shall not require districts to use any appendix to the common core state standards. 12 3. The school board for each school district shall adopt policies and procedures 13 to ensure the approved and adopted curricula presented under subsection 1 of this 14 section are properly implemented in the classroom. The choice of academic class 15 offerings and curriculum materials: EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 16 (1) Shall not be based on surveys, inventories, or other evaluations, analyses, or 17 assessments of: 18 (a) Student, family, or community immutable and other identifying 19 characteristics including, but not limited to, race, binary sex, gender choices, religion, 20 disabilities, or income; 21 (b) Psychological or social emotional data; or 22 (c) Trauma and other psychological and emotional problems; and 23 (2) Shall ensure schools meet the purpose of education as provided in the 24 Missouri Constitution and disseminate the knowledge and intelligence needed to ensure 25 the rights and liberties of legal United States citizens in Missouri. 26 4. At least five years of data showing percentages of students by grade level, 27 subject, and percentage level of proficiency based on state assessment scores shall be 28 posted in the same section as the curricula on the district's website and shall also be 29 available for inspection at each school within the district. 161.023. 1. All administrator, teacher, and staff professional development and 2 instructional programs offered to schools that are paid for with state funds, whether 3 offered directly by the department of elementary and secondary education, another 4 state agency, or by a third-party contractor, shall be fully transparent and available to 5 the public as follows: 6 (1) All program materials, videos, links, and resources shall be publicly available 7 at no charge on the department's website; 8 (2) All program offerings shall be open for public attendance. All program 9 offerings shall be listed in one location on the department's website by date and show 10 the title of the program, program description, location, and time. Programs shall be 11 publicly posted at least thirty days in advance, with exceptions applying only when the 12 program is added with fewer than thirty days notice based on an emergency as detailed 13 by the school. Any resident of the state shall be allowed access in some manner to the 14 program. Audio and video recordings of these programs shall be required and 15 accessible to the public free of charge for at least three years after the event date. If a 16 program recording was not made or maintained, the program date, name, and 17 description shall still be listed on the website for three years after the event date has 18 passed with a clear explanation as to why a recording is not available; 19 (3) Lists by school district showing date of attendance, name and position of 20 district attendee, program name, and description shall be provided by request and free 21 of charge to Missouri residents for the prior three years; 22 (4) No on-site program shall be provided by a school prior to the local school 23 board approving and adopting the state program; and HB 2189 2 24 (5) Lists of local school boards that have approved the state program shall be 25 provided on the department's website. 26 2. For programs offered to schools by third-party contractors, the department 27 shall maintain data and information on the department's website related to those 28 programs including, but not limited to, a breakdown by school district for each Missouri 29 state-funded program showing the amount paid to the third-party contractor by year 30 and by program, detailing the public funds spent on categories of program promotion, 31 development, training, local implementation, and other miscellaneous costs such as 32 travel and physical materials for the prior three years. 161.852. 1. The commissioner of education shall establish the "Missouri 2 Education Transparency and Accountability Portal", which shall be an internet-based 3 tool creating transparency in Missouri's public education system and providing citizens 4 access to every school district's curricula, source materials, and professional 5 development materials. 6 2. The portal shall consist of an easy-to-search database including, but not 7 limited to, the following: 8 (1) All curricula taught by the school district; 9 (2) All source materials used to develop a district's curricula; 10 (3) All documents used by a school district in the professional development of the 11 district's faculty and staff including, but not limited to, administrators, teachers, 12 counselors, and classroom support staff; 13 (4) All source materials used to develop the documents used by a school district 14 in its professional development materials as outlined in subdivision (3) of this 15 subsection; 16 (5) All speakers and guests used by a school district in its professional 17 development activities; and 18 (6) The costs associated with speakers and guests used by a school district in its 19 professional development activities. 20 3. The commissioner of education shall establish an online form that each school 21 district in this state shall complete with information required under subsection 2 of this 22 section. 23 4. A school district shall submit any updates to the information outlined in 24 subsection 2 of this section within five business days of the information changing. 25 5. The commissioner of education shall update the portal with the information 26 required by this section to be submitted by each school district no less than weekly and 27 shall ensure that the portal is maintained as the primary centralized source of HB 2189 3 28 information about the curricula and instructional materials used by public school 29 districts. 30 6. The department of elementary and secondary education may promulgate 31 rules to implement this section. Any rule or portion of a rule, as that term is defined in 32 section 536.010, that is created under the authority delegated in this section shall 33 become effective only if it complies with and is subject to all of the provisions of chapter 34 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable, 35 and if any of the powers vested with the general assembly pursuant to chapter 536 to 36 review, to delay the effective date, or to disapprove and annul a rule are subsequently 37 held unconstitutional, then the grant of rulemaking authority and any rule proposed or 38 adopted after August 28, 2022, shall be invalid and void. 170.011. 1. Regular courses of instruction in the Constitution of the United States 2 and of the state of Missouri and in American history and American literature so students 3 gain an understanding of our government institutions shall be given in all public and 4 private schools in the state of Missouri, except proprietary schools, and shall begin not later 5 than the seventh grade and continue [in] throughout high school to an extent determined by 6 the state commissioner of education, and shall continue in college and university courses to 7 an extent determined by the state commissioner of higher education. These courses shall 8 promote an overall positive and comprehensive history and understanding of the United 9 States. In the 1990-91 school year and each year thereafter, local school districts maintaining 10 high schools shall comply with the provisions of this section by offering in grade nine, ten, 11 eleven, or twelve a course of instruction in the institutions, branches and functions of the 12 government of the state of Missouri, including local governments, and of the government of 13 the United States, and in the electoral process. A local school district maintaining such a high 14 school shall require that prior to the completion of the twelfth grade each pupil who receives a 15 high school diploma or certificate of graduation on or after January 1, 1994, shall 16 satisfactorily complete such a course of study. Such course shall be of at least one semester in 17 length and may be two semesters in length. The department of elementary and secondary 18 education may provide assistance in developing such a course if the district requests 19 assistance. A school district may elect to waive the requirements of this subsection for any 20 student who transfers from outside the state to a Missouri high school if the student can 21 furnish documentation deemed acceptable by the school district of the student's successful 22 completion in any year from the ninth through the twelfth grade of a course of instruction in 23 the institutions, branches, and functions of state government, including local governments, 24 and of the government of the United States, and in the electoral process. 25 2. American history courses at the elementary and secondary levels shall include in 26 their proper time-line sequence specific referrals to the details and events of the racial HB 2189 4 27 equality movement that have caused major changes in United States and Missouri laws and 28 attitudes. 29 3. No pupil shall receive a certificate of graduation from any public or private school 30 other than private trade schools unless [he or she] such pupil has satisfactorily passed an 31 examination on the provisions and principles of the Constitution of the United States and of 32 the state of Missouri, and in American history, American institutions, and American civics. A 33 school district may elect to waive the requirements of this subsection for any student who 34 transfers from outside the state to a Missouri high school if the student can furnish 35 documentation deemed acceptable by the school district of the student's successful 36 completion in any year from the ninth through the twelfth grade of a course of instruction 37 in the institutions, branches, and functions of state government, including local governments, 38 and of the government of the United States, and in the electoral process. A student of a 39 college or university, who, after having completed a course of instruction prescribed in this 40 section and successfully passed an examination on the United States Constitution, and in 41 American history and American institutions required hereby, transfers to another college or 42 university, is not required to complete another such course or pass another such examination 43 as a condition precedent to his graduation from the college or university. 44 4. In the 1990-91 school year and each year thereafter, each school district 45 maintaining a high school may annually nominate to the state board of education a student 46 who has demonstrated knowledge of the principles of government and citizenship through 47 academic achievement, participation in extracurricular activities, and service to the 48 community. Annually, the state board of education shall select fifteen students from those 49 nominated by the local school districts and shall recognize and award them for their academic 50 achievement, participation and service. 51 5. The provisions of this section shall not apply to students from foreign countries 52 who are enrolled in public or private high schools in Missouri, if such students are foreign 53 exchange students sponsored by a national organization recognized by the department of 54 elementary and secondary education. 170.360. 1. (1) School districts and charter schools shall display the following 2 information on the school website in an easily accessible location: 3 (a) All training materials used for staff and faculty training related to 4 nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias; 5 (b) All instructional or curricular materials relating to nondiscrimination, 6 diversity, equity, inclusion, race, ethnicity, sex, or bias. Such instructional materials 7 shall identify, at a minimum: 8 a. The title, author, organization, and any website associated with each material 9 and activity; HB 2189 5 10 b. A brief description of the instructional material; 11 c. A link to the instructional material, if publicly available on the internet, or 12 information on how to request review of a copy of the instructional material; and 13 d. If the instructional material was created by a staff or faculty member, the 14 identity of such person; and 15 (c) Any procedures for the documentation, review, or approval of the training, 16 instructional, or curricular materials used for staff and faculty training or student 17 instruction at the school, including by the principal, curriculum administrators, or other 18 teachers. 19 (2) Nothing in this subsection shall be construed to require the digital 20 reproduction or posting of copies of instructional materials if such reproduction or 21 posting would infringe upon a copyright; provided that, such copyrighted material shall 22 be made available upon request to the extent authorized by law. 23 2. The information required by subsection 1 of this section shall be displayed 24 online within seven days after the first instance of training or instruction in which the 25 materials are used. Such information shall remain displayed on the school website for at 26 least two years. 27 3. No school district, and no public charter school for the purposes of subdivision 28 (2) of this subsection only, shall: 29 (1) Permit teachers or administrators to require or make part of a course or 30 award a grade or course credit, including extra credit, for a student's: 31 (a) Political activism, lobbying, or efforts to persuade members of the legislative 32 or executive branch at the federal, state, or local level to take specific actions by direct 33 communication; or 34 (b) Participation in any internship, practicum, or similar activity involving 35 social or public policy advocacy; 36 (2) Direct or otherwise compel a teacher, administrator, or student personally to 37 affirm, adopt, or adhere to any belief or concept that: 38 (a) The United States or the state of Missouri is fundamentally or irredeemably 39 racist or sexist; 40 (b) An individual, by virtue of sex, race, ethnicity, religion, color, or national 41 origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; 42 (c) An individual, by virtue of sex, race, ethnicity, religion, color, or national 43 origin, should be blamed for actions committed in the past by other members of the 44 same sex, race, ethnicity, religion, color, or national origin; or 45 (d) An individual's moral character is necessarily determined, in whole or in 46 part, by such individual's sex, race, ethnicity, religion, color, or national origin; or HB 2189 6 47 (3) Use public funds to contract with, hire, or otherwise engage speakers, 48 consultants, diversity trainers, and other persons: 49 (a) To engage students, teachers, administrators, and other employees in 50 activism or advocacy described in subdivision (1) of this subsection; 51 (b) To direct or otherwise compel a teacher, administrator, or student personally 52 to affirm, adopt, or adhere to any belief or concept described in subdivision (2) of this 53 subsection; or 54 (c) To advocate concepts described in subdivision (2) of this subsection unless: 55 a. The school district expressly makes clear that it does not sponsor, approve, or 56 endorse such beliefs and concepts; and 57 b. The school district affords students, teachers, administrators, and other 58 employees the opportunity to opt out of any speeches by or sessions with such persons. 59 4. No school district, public school, or charter school shall require a student, 60 teacher, administrator, or other employee to attend or participate in a training, seminar, 61 continuing education, orientation, or therapy that promotes any belief or concept 62 described in subdivision (2) of subsection 3 of this section. 63 5. Nothing in this section shall be construed as prohibiting: 64 (1) Speech protected by Article I, Section 8 of the Constitution of Missouri or the 65 First Amendment to the Constitution of the United States; 66 (2) Voluntary attendance in a training session, seminar, continuing education, 67 orientation, or therapy, provided that there is no inducement or coercion for such 68 attendance; 69 (3) Access to sources on an individual basis that advocate concepts described in 70 subdivision (2) of subsection 3 of this section for the purpose of research or independent 71 study; 72 (4) Discussion of beliefs or concepts described in subdivision (2) of subsection 3 73 of this section or the assignment of materials that incorporate such beliefs or concepts 74 for educational purposes, provided that the public school expressly makes clear that it 75 does not sponsor, approve, or endorse such beliefs or concepts; or 76 (5) The use of a curriculum that teaches the topics of sexism, slavery, racial 77 oppression, racial segregation, or racial discrimination, including topics relating to the 78 enactment and enforcement of laws resulting in sexism, racial oppression, segregation, 79 and discrimination. 80 6. Any employee of a school district that discloses a violation of this section shall 81 be protected from any manner of retaliation as set forth in section 105.055. 82 7. (1) Suit for alleged violations of this section may be brought by the 83 department of elementary and secondary education; the attorney general; the HB 2189 7 84 prosecuting attorney, county counselor, or circuit attorney for the city or county in 85 which the school district, public school, or charter school alleged to have violated this 86 section is located; or any aggrieved person, taxpayer, or citizen residing in such city or 87 county. 88 (2) Such suit shall be initiated in the circuit court for the city or county in which 89 the school district, public school, or charter school alleged to have violated this section is 90 located. 91 (3) Upon a finding by a preponderance of the evidence that a school district, 92 public school, or charter school has violated this section, the court shall issue such 93 injunctive relief reasonably necessary to correct such violation. 94 (4) Upon a finding by a preponderance of the evidence that a school district, 95 public school, or charter school has knowingly violated this section, the court shall issue 96 a civil penalty in an amount up to one thousand dollars and may order the payment by 97 such district or school of all costs and reasonable attorney's fees to any party 98 successfully establishing such violation. 99 (5) Upon a finding by a preponderance of the evidence that a school district, 100 public school, or charter school has purposefully violated this section, the court shall 101 issue a civil penalty in an amount up to ten thousand dollars and may order the payment 102 by such district or school of all costs and reasonable attorney's fees to any party 103 successfully establishing such violation. 104 8. A school district or charter school that doubts whether any action or decision 105 would violate this section may bring suit at such district's or school's expense in the 106 circuit court of the city or county in which such district or school is located to ascertain 107 the propriety of any such action or decision. Review of such action or decision may 108 include consideration of a proposed use of school resources or of particular pieces of 109 training, instructional, or curricular material. 110 9. A school district or charter school that doubts whether any action or decision 111 would violate this section may seek a formal opinion of the attorney general to ascertain 112 the propriety of any such action or decision. Review of such action or decision may 113 include consideration of a proposed use of school resources or of particular pieces of 114 training, instructional, or curricular material. Section B. Because the need to ensure that parents are aware of the education their 2 children are receiving for the upcoming school year, section A of this act is deemed necessary 3 for the immediate preservation of the public health, welfare, peace, and safety, and is hereby 4 declared to be an emergency act within the meaning of the constitution, and section A of this 5 act shall be in full force and effect upon its passage and approval. ✔ HB 2189 8