Text of MO SB 42 (2023)

FIRST REGULAR SESSION SENATE BILL NO. 42 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR BRATTIN. 1047S.01I KRISTINA MARTIN, Secretary AN ACT To amend chapters 160, 161, and 167, RSMo, by adding thereto four new sections relating to elementary and secondary education. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapters 160, 161, and 167, RSMo, are amended 1 by adding thereto four new sections, to be known as sections 2 160.2550, 161.856, 161.1140, and 167.177, to read as follows: 3 160.2550. 1. As used in this section, the term 1 "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 42 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. School districts are prohibited from the following: 36 (1) Teaching about The 1619 Project or any successor 37 theory or concept, critical race theory or any successor 38 theory or concept, any divisive concepts, or any successor 39 concepts or theories substantially similar to The 1619 40 Project or critical race theory; 41 (2) Implementing training or orientation for teachers 42 or staff that involves racial stereotyping or that seeks to 43 assign blame to individuals based on race or sex; 44 (3) Creating projects or assignments that compel 45 students to lobby or engage in political activism on behalf 46 of a specific policy or social issue; 47 SB 42 3 (4) Forcing teachers to discuss a current 48 controversial topic of public policy or any particular 49 social issues. If a teacher does choose to teach such 50 topics, the teaching shall be done with an aim to teach the 51 issue from both sides and without showing preference or 52 deference to one perspective; 53 (5) Enforcing policies at schools that prevent 54 students from engaging in and discussing concepts and topics 55 of traditional American history such as founding documents 56 and the founding fathers. 57 3. In adopting the essential knowledge and skills for 58 the social studies curriculum for each grade level from 59 kindergarten through grade twelve, each school district 60 shall adopt essential knowledge and skills that develop each 61 student’s civic knowledge, including: 62 (1) An understanding of: 63 (a) The fundamental moral, political, and intellectual 64 foundations of the American experiment in self-government; 65 (b) The history, qualities, traditions, and features 66 of civic engagement in the United States; 67 (c) The structure, function, and processes of 68 government institutions at the federal, state, and local 69 levels; 70 (d) The founding documents of the United States, 71 including: 72 a. The Declaration of Independence; 73 b. The United States Constitution; 74 c. The Federalist Papers, including Essays 10 and 51; 75 d. Excerpts from Alexis de Tocqueville's Democracy in 76 America; 77 e. The transcript of the first Lincoln-Douglas debate; 78 and 79 SB 42 4 f. The writings of the founding fathers of the United 80 States; and 81 (e) The history and importance of: 82 a. The federal Civil Rights Act of 1964, as amended; 83 and 84 b. The Thirteenth, Fourteenth, and Nineteenth 85 Amendments to the United States Constitution; 86 (2) The ability to: 87 (a) Analyze and determine the reliability of 88 information sources; 89 (b) Formulate and articulate reasoned positions; 90 (c) Understand the manner in which local, state, and 91 federal government works and operates through the use of 92 simulations and models of governmental and democratic 93 processes; 94 (d) Actively listen and engage in civil discourse, 95 including discourse with those with different viewpoints; 96 (e) Responsibly participate as a citizen in a 97 constitutional democracy; and 98 (f) Effectively engage with governmental institutions 99 at the local, state, and federal levels; and 100 (3) An appreciation of: 101 (a) The importance and responsibility of participating 102 in civic life; 103 (b) A commitment to the United States and its form of 104 government; and 105 (c) A commitment to free speech and civil discourse. 106 4. School districts are prohibited from accepting 107 private funding for the purposes of teaching any curriculum 108 substantially similar to critical race theory or The 1619 109 Project. 110 SB 42 5 5. The attorney general may investigate school 111 districts to determine compliance with this section. If any 112 school district is determined to have violated the 113 provisions of this section, such district shall have fifty 114 percent of its state aid under chapter 163 withheld, until 115 the district presents evidence to the department of 116 elementary and secondary education that the district is no 117 longer in violation of this section. 118 161.856. 1. This section shall be known and may be 1 cited as the "Sunlight in Learning Act". 2 2. The department of elementary and secondary 3 education shall ensure that the following information is 4 displayed on each school and charter school website in an 5 easily and publicly accessible location: 6 (1) All instructional or training materials and 7 activities used for staff and faculty training; 8 (2) All learning materials and activities used for 9 student instruction. Such display of materials or 10 activities shall identify, at a minimum: 11 (a) The title, author, organization, and any website 12 associated with each material and activity; 13 (b) A link to the learning material, if publicly 14 available on the internet; or, if not freely and publicly 15 available, a brief description of the learning material and 16 information on how to request review of a copy of the 17 learning material; 18 (c) If the learning material was created for non- 19 public use, the identity of the teacher, staff member, 20 school official, or outside presenter who created it. Such 21 identification may be indicated by a personal title and last 22 initial if referring to a teacher, staff member, or school 23 official; 24 SB 42 6 (d) The full text or a copy of any learning materials 25 or educational activities, including presentations, videos, 26 and audio recordings, used for student instruction at the 27 school, if those works were created by the school board or a 28 teacher or staff member employed under the authority of the 29 school board. This section does not require the posting of 30 academic assessments or academic tests; 31 (e) If the activity involves service-learning, 32 internships, or collaboration with outside organizations 33 after regular school hours for course credit, the name of 34 the organization should be listed, along with the number of 35 students engaged in service-learning, internships, or 36 collaboration with that organization. The name of the 37 students involved shall not be posted; 38 (3) Any procedures for the documentation, review, or 39 approval of the lesson plans, training, learning, or 40 curricular materials, or activities used for staff and 41 faculty training or student instruction at the school, 42 including by the principal, curriculum administrators, or 43 other teachers; and 44 (4) At each school with a catalog or documented 45 inventory of the resources available to students in its 46 school library, a listing of available resources in the 47 library. 48 3. For the purposes of this section, the following 49 terms mean: 50 (1) "Activities", include but are not limited to 51 assemblies, guest lectures, action-oriented civics learning 52 assignments or projects, including the actual or simulated 53 contacting of government officials or any requirement to 54 advocate for or comment on a contemporary political or 55 social issue or participate in organized political activity, 56 SB 42 7 social demonstrations, or other field trips or projects, 57 service-learning, internships, or other forms of 58 collaboration with outside organizations after regular 59 school hours for course credit or as a class project or 60 assignment, or other educational events facilitated by the 61 institution's faculty or staff, including those conducted by 62 outside individuals or organizations, excluding 63 presentations given by students enrolled at the school; 64 (2) "Learning materials", include, but are not limited 65 to, the following: all textbooks, reading materials, videos, 66 audio recordings, presentations, digital materials, 67 websites, instructional handouts and worksheets, syllabi, 68 and online applications for a phone, laptop, or tablet; 69 (3) "Lesson plan", the daily, weekly, or other 70 routinely produced guide, description, or outline of the 71 instruction to be provided by a teacher to students at the 72 school; 73 (4) "Original materials", learning materials owned or 74 licensed by the school district, school, charter school, 75 faculty, or staff that are used for student instruction; 76 (5) "Used for student instruction": 77 (a) Assigned, distributed, or otherwise presented to 78 students in any course for which students receive academic 79 credit; or in any educational capacity in which 80 participation of the student body is required by the school 81 or in which a majority of students in a given grade level 82 participate; 83 (b) Applies also to any materials from among which 84 students are required to select one or more, if the 85 available selection is restricted to specific titles. 86 4. Nothing in subsection 2 of this section shall be 87 construed to require the digital reproduction or posting of 88 SB 42 8 copies of the learning materials themselves, where such 89 reproduction would infringe upon copyrighted material; but 90 in such cases, the school should offer a link to a publicly 91 available website describing and offering access to the 92 learning materials, if possible; and upon request, if the 93 materials are not offered free of charge, provide the 94 learning materials for public inspection, as required under 95 paragraph (b) of subdivision (2) subsection 2 of this 96 section, at the school building where the learning materials 97 or activities are used for student instruction, and no later 98 than thirty days after requested. To the extent 99 practicable, each school shall make any and all learning 100 materials, including original materials, available for 101 public inspection and allow the public to copy, scan, 102 duplicate, or photograph portions of original materials 103 within the limits of "fair use" under Section 107 of the 104 federal Copyright Act. Copyrighted digital learning 105 materials shall be made available for public inspection as 106 required under subsections 13 and 14 of this section. 107 5. Subsection 2 of this section shall not require the 108 separate reporting of individual components of learning 109 materials that are published together as a single volume. 110 Articles, videos, or other materials from websites that are 111 used for student instruction should be identified, where 112 possible, with an internet address specific to the relevant 113 content used for student instruction. 114 6. The information required by subsection 2 of this 115 section shall be displayed online prior to the first 116 instance of training or instruction, or, at the latest, 117 fourteen days after the training or instruction. Such 118 information shall be organized by school, grade, teacher, 119 and subject, and remain displayed on the school website for 120 SB 42 9 at least two years. For privacy purposes, teachers and 121 staff employed by the school may request that a school use a 122 personal title and last initial in lieu of a full name. The 123 date of the latest modification or update to such 124 information shall be displayed on the same website location. 125 7. To prepare and host the listing of materials and 126 activities pursuant to subsection 2 of this section, a 127 school: 128 (1) May utilize a collaborative online document or 129 spreadsheet software that allows multiple authorized users 130 to update or make additions to posted content on an ongoing 131 basis, as long as a link to the listing is publicly 132 accessible via the school website; 133 (2) May satisfy the requirements of subdivision (2) of 134 subsection 2 of this section by posting a copy or the full 135 text of the lesson plans submitted to the school principal 136 or other staff by instructors at the school in the current 137 year, provided that the lesson plans provide equivalent 138 detail of the learning materials and activities used for 139 student instruction as required by subdivision (2) of 140 subsection 2 of this section, and that any such learning 141 materials and activities not recorded on the lesson plans 142 are also disclosed via a publicly accessible portion of the 143 school website in the manner prescribed by subdivision (2) 144 of subsection 2 of this section. 145 8. The listing of materials and activities pursuant to 146 subsection 2 of this section shall be created and displayed 147 in searchable or sortable electronic formats. 148 9. A school whose materials or activities are selected 149 independently by instructors at a school with fewer than 150 twenty enrolled students is not required to post a list of 151 learning materials and activities pursuant to this section. 152 SB 42 10 10. The attorney general, commissioner of education, 153 state auditor, prosecuting or circuit attorney for the 154 county in which an alleged violation of this section occurs, 155 or a resident of the school district in which an alleged 156 violation of this section occurs, may initiate a suit in the 157 jurisdiction in which the school district, public school, 158 public charter school, or other governmental entity 159 responsible for the oversight of public secondary or 160 elementary schools is located for the purpose of complying 161 with this section. 162 11. An attorney acting on behalf of a school district, 163 public school, public charter school, or the department of 164 elementary and secondary education may request a legal 165 opinion of the prosecuting attorney or the attorney general 166 as to whether a particular piece of training, learning, or 167 curricular material or activity fits under this section and 168 has been disclosed in a manner complying with this section. 169 12. The court which has jurisdiction over the school 170 district or charter school may order the production of any 171 learning materials or other materials or activities, as 172 specified in this section, improperly withheld from the 173 complainant. In such a case, the court shall determine the 174 matter de novo, and may examine the contents of such 175 materials in camera to determine whether such materials or 176 any part thereof shall be withheld. The court may assess 177 against the school district or charter school reasonable 178 attorney fees and other costs reasonably incurred in any 179 case under this section in which the complainant has 180 prevailed. In the event of noncompliance with the order of 181 the court, the court may punish for contempt the responsible 182 official or employee. Courts shall not entertain complaints 183 under this section unless complainants have first attempted 184 SB 42 11 to remedy the alleged noncompliance by contacting school 185 officials, and if not resolved to the satisfaction of the 186 complainant by school officials within fifteen days, by 187 contacting the school board, who shall have forty-five days 188 to resolve the alleged noncompliance. 189 13. Neither the department nor the school board of a 190 public school, including the governing body of a public 191 charter school, nor any staff employed thereby and acting in 192 the course of their official duties, shall purchase or 193 contract for copyrighted learning materials to be used for 194 student instruction at the school, including the renewal of 195 subscription-based materials for which students are provided 196 individual login credentials or access via electronic 197 personal devices, unless provision is made to allow parents 198 and guardians of enrolled students to review the materials 199 within thirty days of the submission of a written request to 200 the school. The means of provision shall include at least 201 one of the following: 202 (1) Providing access to the materials at the school 203 site during the school's normal hours of operation within 204 thirty days of written request; 205 (2) Providing temporary remote access or login 206 credentials to at least one copy of the materials for review 207 for at least a twenty-four-hour period following each 208 request, not to exceed one request per item per household 209 during each thirty-day period. 210 14. The parent or guardian reviewing copyrighted 211 digital materials shall not be required as a condition of 212 reviewing the materials to enter into terms of a 213 nondisclosure agreement nor waive any rights beyond 214 complying with federal copyright law. 215 SB 42 12 15. The department of elementary and secondary 216 education may promulgate rules to carry out the provisions 217 of this section. Any rule or portion of a rule, as that 218 term is defined in section 536.010, that is created under 219 the authority delegated in this section shall become 220 effective only if it complies with and is subject to all of 221 the provisions of chapter 536 and, if applicable, section 222 536.028. This section and chapter 536 are nonseverable and 223 if any of the powers vested with the general assembly 224 pursuant to chapter 536 to review, to delay the effective 225 date, or to disapprove and annul a rule are subsequently 226 held unconstitutional, then the grant of rulemaking 227 authority and any rule proposed or adopted after August 28, 228 2023, shall be invalid and void. 229 161.1140. 1. This act may be cited as the "Parents' 1 Bill of Rights Act of 2023". 2 2. No school district shall deny to the parent or 3 guardian of a minor child any or all of the following rights: 4 (1) The right to fully review, in physical or digital 5 optical character recognition format, and make copies of, 6 the curricula, books, and other educational materials used 7 by the school attended by their minor child or school 8 district that serves such school. This right shall be 9 understood to: 10 (a) Include a right to affirmative disclosure of class 11 syllabi and reading lists to the parent or guardian of a 12 minor child by the school attended by their minor child or 13 school district that serves such school; and 14 (b) Prohibit a requirement that an individual sign a 15 nondisclosure agreement as a condition to viewing or 16 otherwise accessing curricular materials; 17 SB 42 13 (2) The right to access information on the teachers, 18 guest lecturers, and outside presenters who engage with 19 students at the school attended by their minor child. This 20 right shall be understood to prohibit schools from 21 permitting or requiring the attendance of minor children at 22 school assemblies, field trips, and other extracurricular 23 activities, absent affirmative consent from their parent or 24 guardian; 25 (3) The right to access information on all third-party 26 individuals and organizations that receive contracts or 27 other funding through the school attended by their minor 28 child or the school district that serves such school; 29 (4) The right to visit their minor child at school 30 during school hours; 31 (5) The right to access all records generated by the 32 school attended by their minor child or the school district 33 that serves such school that concerns their minor child; 34 (6) The right to access information pertaining to the 35 collection and transmission of data regarding their minor 36 child by the school attended by their minor child or the 37 school district that serves such school. This right shall 38 be understood to: 39 (a) Include a right to access information on any 40 outside entity, including an accreditor, marketing 41 consultancy, or third-party clearing-house, to which student 42 data, whether anonymized or not, is transferred; 43 (b) Prohibit the collection, by the school attended by 44 their minor child or the school district that serves such 45 school, of any biometric data or other sensitive personal 46 information from the minor child, absent affirmative consent 47 by a parent or guardian of the minor child; and 48 SB 42 14 (c) Require that schools and school districts serving 49 such schools make available processes by which the parent or 50 guardian of a minor child can object in writing to, and deny 51 consent to, the use of videographic, photographic, or audio 52 depictions of their minor child by the school or school 53 district serving such school; 54 (7) The right to be heard at school board meetings or 55 other governance hearings pertaining to the school attended 56 by their minor child or the school district that serves such 57 school. This right shall be understood to require that 58 school board meetings or other governance hearings 59 pertaining to curricula, safety, and other student issues be 60 conducted publicly and allow for public comments; 61 (8) The right to be notified of situations affecting 62 the safety of their minor child at school. This right shall 63 be understood to require, but is not limited to requiring, 64 that schools notify parents or guardians in a timely manner 65 of any or all of the following incidents: 66 (a) Physical assaults occurring in or around the 67 school; 68 (b) Sexual assaults occurring in or around the school; 69 (c) Appearances of weapons in or around the school; 70 (d) Drug use or possession in or around the school; 71 (e) Police investigations in or around the school; and 72 (f) Crimes, including misdemeanors, committed by 73 teachers or other school or school district employees, 74 whether such offenses were committed on or off the campus of 75 a school; 76 (9) The right to object to the instructional materials 77 and other materials used in their child's classroom based on 78 the parent's beliefs that such materials are inappropriate 79 SB 42 15 for whatever reason and to be assured that such 80 objectionable materials are not taught to the parent's child. 81 3. Any person who is denied one or more of the rights 82 identified in subsection 2 of this section may bring a civil 83 action in any court of competent jurisdiction for injunctive 84 relief. 85 4. In any case in which the attorney general has 86 reason to believe that an interest of the residents of this 87 state has been or is threatened or adversely affected by the 88 engagement of any entity in an act or practice denying one 89 or more of the rights identified in subsection 2 of this 90 section, the attorney general may bring a civil action on 91 behalf of the residents of the state in a court of competent 92 jurisdiction to obtain injunctive relief. 93 5. If a school district is found by a court of a 94 competent jurisdiction in a final judgment not subject to 95 further appeal to have violated the provisions of this 96 section, the department of elementary and secondary 97 education may withhold up to fifty percent of the state aid 98 for such district due to such school district under chapter 99 163 for the following fiscal year. 100 167.177. 1. Any school district in the state may 1 adopt the provisions of subsections 2 and 3 of this section 2 if approved by vote of residents of the school district. 3 2. As used in this section, the following terms mean: 4 (1) "Public school", the same definition as in section 5 160.011; 6 (2) "Sex", an individual's biological sex based solely 7 on an individual's reproductive biology and genetics at 8 birth. 9 3. No public school shall knowingly allow a student of 10 the male sex who is enrolled in such public school to 11 SB 42 16 participate on a school-sponsored athletic team that is 12 exclusively for students of the female sex. 13 4. Beginning July 1, 2024, the joint committee on 14 education shall study student athletic events that are 15 exclusively for males or exclusively for females and the 16 impact of a policy that prohibits participation in those 17 events by individuals who are of the opposite sex. Before 18 January 1, 2025, the joint committee shall report its 19 findings and recommendations, with any legislation required 20 to implement the recommendations, to the general assembly. 21 5. The attorney general may investigate any school 22 district that he or she believes may be in violation of this 23 section. Any school district found to be in violation of 24 this section shall have fifty percent of any state revenues 25 appropriated to such school district pursuant to chapter 163 26 withheld until such school district provides evidence to the 27 department of elementary and secondary education that the 28 school district is in compliance with this section. 29 