Text of MO SB 22 (2022)

FIRST EXTRAORDINARY SESSION SENATE BILL NO. 22 101ST GENERAL ASSEMBLY INTRODUCED BY SENATOR ONDER. 5961S.02I ADRIANE D. CROUSE, Secretary AN ACT To amend chapters 160, 161, 167, and 191, RSMo, by adding thereto four new sections relating to the protection of children, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapters 160, 161, 167, and 191, RSMo, are 1 amended by adding thereto four new sections, to be known as 2 sections 160.2550, 161.841, 167.780, and 191.1720, to read as 3 follows: 4 160.2550. 1. For the purposes of the provisions of 1 this section, "divisive concepts" shall mean concepts that: 2 (1) One race or sex is inherently superior to another 3 race or sex; 4 (2) The United States is fundamentally racist or 5 sexist; 6 (3) An individual, by virtue of his or her race or 7 sex, is inherently racist, sexist, or oppressive, whether 8 consciously or unconsciously; 9 (4) An individual should be discriminated against or 10 receive adverse treatment solely or partly because of his or 11 her race or sex; 12 (5) Members of one race or sex cannot avoid treating 13 others differently with respect to race or sex; 14 (6) An individual's moral character is necessarily 15 determined by his or her race or sex; 16 SB 22 2 (7) An individual, by virtue of his or her race or 17 sex, bears responsibility for actions committed in the past 18 by other members of the same race or sex; 19 (8) Any individual should feel discomfort, guilt, 20 anguish, or any other form of psychological distress on 21 account of his or her race or sex; 22 (9) Meritocracy or traits such as a hard work ethic 23 are racist or sexist, or were created by a particular race 24 to oppress another race; 25 (10) Promote any form of race or sex stereotyping, 26 including ascribing character traits, values, moral and 27 ethical codes, privileges, status, or beliefs to a race, 28 sex, or an individual because of his or her race or sex; or 29 (11) Promote any form of race or sex scapegoating, 30 including assigning fault, blame, or conscious or 31 unconscious bias to one or more members of a race or sex and 32 including claims that, consciously or unconsciously, any 33 person is inherently racist, sexist, or inclined to oppress 34 others by virtue of their race or sex. 35 2. It shall be the policy of the state board of 36 education not to promote or allow divisive concepts in 37 public school curricula or instruction. 38 161.841. 1. This section shall be known and may be 1 cited as the "Parents' Bill of Rights". 2 2. As used in this section, the term "parent" means a 3 child's biological or adoptive parent, guardian, or other 4 person having control or custody of the child. 5 3. Parents of a child attending the public schools of 6 this state have the right to participate in and direct the 7 education of their child and to know what is being taught in 8 their child's school. 9 SB 22 3 4. This section shall be construed to protect and 10 promote the rights of parents to participate in and direct 11 the education of their child who attends a public school. 12 Such parents' rights shall include, but are not limited to, 13 the following: 14 (1) The right to be notified if any school employee or 15 official suspects that a criminal offense has been committed 16 against the parents' child, in a timely manner of all 17 reported incidents pertaining to student safety including, 18 but not limited to, any felony or misdemeanor committed by a 19 teacher or other school employee; 20 (a) No employee of any public school or school 21 district shall encourage, coerce, or attempt to coerce a 22 minor child to withhold information from such minor child's 23 parents; provided, however, that any such person required to 24 report suspected abuse or neglect may encourage a minor 25 child to withhold information where disclosure could 26 reasonably result in abuse or neglect; 27 (b) No employee required to report suspected abuse or 28 neglect shall be required to notify the parents of such 29 suspected abuse or neglect of the parent's child if the 30 parent is the alleged perpetrator; 31 (2) The right to be involved in their child's 32 education and to be notified of these rights and of any 33 information that affects the well-being of their child; 34 (3) The right to access and view school curricula, 35 guest lecturer materials, and staff training manuals in a 36 timely manner and in easily accessible formats; 37 (4) The right to access school district and school 38 building performance information in a timely manner and in 39 an easily understood and fully accessible format; 40 SB 22 4 (5) The right to transparent access to school and 41 school district financial information in an easily 42 understood and fully accessible format; 43 (6) The right to choose existing educational choice 44 options provided by law that best suit the learning needs of 45 their child, but which shall not be construed to include 46 educational choice options for any school district or local 47 educational agency that is not specifically authorized by 48 statute for such student, school district, or local 49 educational agency; 50 (7) The right to request to opt their child out of the 51 classroom for any presentation of content listed in the 52 syllabus with which the parents disagree; 53 (8) The right to control their child's likeness in 54 district materials, subject to exceptions such as court 55 orders; and 56 (9) The right to control their child's health and 57 identifying markers including, but not limited to, the right 58 to opt out of health measures not required by state order or 59 statute. 60 5. The public schools of this state shall take all 61 actions necessary to promote, preserve, and protect the 62 rights described in this section including, but not limited 63 to, the following actions: 64 (1) Making available all curricula such as the title 65 of each textbook, course outlines, and reading lists to the 66 public at least thirty days before the beginning of a 67 semester in which the material will be taught; 68 (2) Making available school building level and 69 district academic performance information including, but not 70 limited to: 71 SB 22 5 (a) Any financial and academic data submitted to the 72 state department of elementary and secondary education; 73 (b) The percentage of all students scoring at the 74 proficient level or higher on all assessments administered 75 under the Missouri assessment program or any subsequent 76 equivalent assessment adopted; and 77 (c) The percentage of students in each reportable 78 subgroup including, but not limited to, race, ethnicity, 79 economically disadvantaged, students with disabilities, and 80 English language learners scoring at the proficient level or 81 higher on all assessments administered under the Missouri 82 assessment program or any subsequent equivalent assessment 83 adopted; and 84 (3) Making available all financial data available in a 85 searchable and easily understood format including, but not 86 limited to: 87 (a) Financial reports and audits including, but not 88 limited to, any reports submitted to the state; 89 (b) Payment data showing all payments made by the 90 school or school district; and 91 (c) Information about the tax rates and revenues 92 associated with the school or school district. 93 6. No school or school employee shall compel a teacher 94 or student to adopt, affirm, adhere to, or profess ideas in 95 violation of Title IV or Title VI of the federal Civil 96 Rights Act of 1964, as amended, including, but not limited 97 to, the following: 98 (1) That individuals of any race, ethnicity, color, or 99 national origin are inherently superior or inferior; 100 (2) That individuals should be adversely or 101 advantageously treated on the basis of individual race, 102 ethnicity, color, or national origin; 103 SB 22 6 (3) That individuals, by virtue of their race, 104 ethnicity, color, or national origin, bear collective guilt 105 and are inherently responsible for actions committed in the 106 past by other members of the same race, ethnicity, color, or 107 national origin; 108 (4) This subsection shall not be construed to prohibit 109 teachers or students from discussing public policy issues or 110 ideas that individuals may find unwelcome, disagreeable, or 111 offensive; or 112 (5) This subsection shall not be construed to prohibit 113 a school employee from discussing the ideas and history of 114 the ideas listed in this subsection. 115 7. Any material required to be available to parents 116 under this section shall be made available in a searchable 117 electronic format at all times. Such material shall be 118 placed on the department of elementary and secondary 119 education website or on such electronic platform as may be 120 provided by the department. 121 167.780. 1. This act shall be known and may be cited 1 as the "Save Women's Sports Act". 2 2. No athletic team or sport designated for biological 3 females shall be open to students that are biological males. 4 3. No governmental entity, licensing or accrediting 5 organization, or athletic association or organization shall 6 entertain a complaint, open an investigation, or take any 7 other adverse action against a school or institution for 8 maintaining separate interscholastic or intramural athletic 9 teams or sports for students that are biological females. 10 4. No public school or a private middle school or high 11 school, or a public or private institution of postsecondary 12 education, that has biological males playing biological 13 SB 22 7 females' sports shall be eligible for any moneys 14 appropriated by the general assembly. 15 5. For the purposes of this section, the following 16 terms shall mean: 17 (1) "Biological females", persons with the biological 18 indicators of a female in the context of reproductive 19 potential or capacity, such as the absence of a Y 20 chromosome, naturally occurring sex hormones, gonads, and 21 nonambiguous internal and external genitalia present at 22 birth, without regard to an individual's psychological, 23 chosen, or subjective experience of gender; 24 (2) "Biological males", persons with the biological 25 indicators of a male in the context of reproductive 26 potential or capacity, such as the presence of a Y 27 chromosome, naturally occurring sex hormones, gonads, and 28 nonambiguous external genitalia present at birth, without 29 regard to an individual's psychological, chosen, or 30 subjective experience of gender. 31 191.1720. 1. This section shall be known and may be 1 cited as the "Missouri Save Adolescents from Experimentation 2 (SAFE) Act". 3 2. For purposes of this section, the following terms 4 mean: 5 (1) "Biological sex", the biological indication of 6 male or female in the context of reproductive potential or 7 capacity, such as sex chromosomes, naturally occurring sex 8 hormones, gonads, and nonambiguous internal and external 9 genitalia present at birth, without regard to an 10 individual's psychological, chosen, or subjective experience 11 of gender; 12 (2) "Cross-sex hormones": 13 SB 22 8 (a) Testosterone or other androgens given to 14 biological sex females in amounts that are larger or more 15 potent than would normally occur naturally in healthy 16 biological sex females; and 17 (b) Estrogen given to biological sex males in amounts 18 that are larger or more potent than would normally occur 19 naturally in healthy biological sex males; 20 (3) "Gender", the psychological, behavioral, social, 21 and cultural aspects of being male or female; 22 (4) "Gender reassignment surgery", any medical or 23 surgical service that seeks to surgically alter or remove 24 healthy physical or anatomical characteristics or features 25 that are typical for the individual's biological sex in 26 order to instill or create physiological or anatomical 27 characteristics that resemble a sex different from the 28 individual's biological sex, including, but not limited to, 29 genital or nongenital gender reassignment surgery performed 30 for the purpose of assisting an individual with a gender 31 transition; 32 (5) "Gender transition", the process in which an 33 individual transitions from identifying with and living as a 34 gender that corresponds to his or her biological sex to 35 identifying and living as a gender different from his or her 36 biological sex, and may involve social, legal, or physical 37 changes; 38 (6) "Gender transition procedures": 39 (a) Any medical or surgical service, including, but 40 not limited to, physician's services, inpatient and 41 outpatient hospital services, or prescribed drugs, related 42 to gender transition that seeks to: 43 SB 22 9 a. Alter or remove physical or anatomical 44 characteristics or features that are typical for the 45 individual's biological sex; or 46 b. Instill or create physiological or anatomical 47 characteristics that resemble a sex different from the 48 individual's biological sex, including, but not limited to: 49 (i) Medical services that provide puberty-blocking 50 drugs, cross-sex hormones, or other mechanisms to promote 51 the development of feminizing or masculinizing features in 52 the opposite biological sex; or 53 (ii) Genital or nongenital gender reassignment surgery 54 performed for the purpose of assisting an individual with a 55 gender transition; 56 (b) The term "gender transition procedures" shall not 57 include: 58 a. Services to individuals born with a medically- 59 verifiable disorder of sex development, including, but not 60 limited to, an individual with external biological sex 61 characteristics that are irresolvably ambiguous, such as 62 those born with forty-six XX chromosomes with virilization, 63 forty-six XY chromosomes with undervirilization, or having 64 both ovarian and testicular tissue; 65 b. Services provided when a physician has otherwise 66 diagnosed an individual with a disorder of sexual 67 development and determined through genetic or biochemical 68 testing that the individual does not have normal sex 69 chromosome structure, sex steroid hormone production, or sex 70 steroid hormone action; 71 c. The treatment of any infection, injury, disease, or 72 disorder that has been caused by or exacerbated by the 73 performance of gender transition procedures regardless of 74 SB 22 10 whether the gender transition procedure was performed in 75 accordance with state and federal law; or 76 d. Any procedure undertaken because the individual 77 suffers from a physical disorder, physical injury, or 78 physical illness that would, as certified by a physician, 79 place the individual in imminent danger of death or 80 impairment of a major bodily function unless surgery is 81 performed; 82 (7) "Genital gender reassignment surgery", a medical 83 procedure performed for the purpose of assisting an 84 individual with a gender transition, including, but not 85 limited to: 86 (a) Surgical procedures such as penectomy, 87 orchiectomy, vaginoplasty, clitoroplasty, or vulvoplasty for 88 biologically male patients or hysterectomy or ovariectomy 89 for biologically female patients; 90 (b) Reconstruction of the fixed part of the urethra 91 with or without a metoidioplasty; or 92 (c) Phalloplasty, vaginectomy, scrotoplasty, or 93 implantation of erection or testicular prostheses for 94 biologically female patients; 95 (8) "Health care provider", an individual who is 96 licensed, certified, or otherwise authorized by the laws of 97 this state to administer health care in the ordinary course 98 of the practice of his or her profession; 99 (9) "Nongenital gender reassignment surgery", medical 100 procedures performed for the purpose of assisting an 101 individual with a gender transition, including, but not 102 limited to: 103 (a) Surgical procedures for biologically male 104 patients, such as augmentation mammoplasty, facial 105 feminization surgery, liposuction, lipofilling, voice 106 SB 22 11 surgery, thyroid cartilage reduction, gluteal augmentation, 107 hair reconstruction, or various aesthetic procedures; or 108 (b) Surgical procedures for biologically female 109 patients, such as subcutaneous mastectomy, voice surgery, 110 liposuction, lipofilling, pectoral implants, or various 111 aesthetic procedures; 112 (10) "Physician", an individual who is licensed under 113 chapter 334; 114 (11) "Puberty-blocking drugs", gonadotropin-releasing 115 hormone analogues or other synthetic drugs used in 116 biological sex males to stop luteinizing hormone secretion 117 and therefore testosterone secretion, or synthetic drugs 118 used in biological sex females that stop the production of 119 estrogens and progesterone, when used to delay or suppress 120 pubertal development in children for the purpose of 121 assisting an individual with a gender transition. 122 3. A physician or other health care provider shall not 123 provide gender transition procedures to any individual under 124 eighteen years of age and shall not refer any individual 125 under eighteen years of age to any health care provider for 126 gender transition procedures. 127 4. Any referral for or provision of gender transition 128 procedures to an individual under eighteen years of age 129 shall be considered unprofessional conduct and any health 130 care provider doing so may be subject to discipline by the 131 appropriate licensing entity or disciplinary review board 132 with competent jurisdiction in this state. 133 5. The provision of gender transition procedures to an 134 individual under eighteen years of age in violation of the 135 provisions of this section shall be considered grounds for a 136 cause of action against the health care provider for 137 personal injury or death under chapter 538 and such cause of 138 SB 22 12 action shall be governed by the provisions of such chapter. 139 An individual under eighteen years of age upon whom gender 140 transition procedures were performed in violation of this 141 section may bring the cause of action either through a next 142 friend or his or her own name, subject to the provisions of 143 section 516.105. 144 