Text of MO SB 645 (2022)

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SECOND REGULAR SESSION SENATE BILL NO. 645 101ST GENERAL ASSEMBLY INTRODUCED BY SENATOR KOENIG. 3574S.04I ADRIANE D. CROUSE, Secretary 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by the General Assembly of the State of Missouri, as follows: Section A. Sections 160.516 and 170.011, RSMo, are 1 repealed and five new sections enacted in lieu thereof, to be 2 known as sections 160.516, 161.023, 161.852, 170.011, and 3 170.360, to read as follows: 4 160.516. 1. Notwithstanding the provisions of section 1 160.514, the state board of education and the department of 2 elementary and secondary education shall not be authorized 3 to mandate and are expressly prohibited from mandating or 4 promoting the curriculum, textbooks, or other instructional 5 materials to be used in public schools. Each local school 6 board shall be [responsible for the approval and adoption 7 of] required to approve and adopt the curriculum used by the 8 school district at least six months prior to 9 implementation. The provisions of this subsection shall not 10 apply to schools and instructional programs administered by 11 the state board of education and the department of 12 elementary and secondary education or to school districts 13 that are classified as unaccredited. 14 2. The state board of education and the department of 15 elementary and secondary education shall not require 16 SB 645 2 districts to use any appendix to the common core state 17 standards. 18 3. The school board for each school district shall 19 adopt policies and procedures to ensure the approved and 20 adopted curriculums presented under subsection 1 of this 21 section are properly implemented in the classroom. The 22 choice of academic class offerings and curriculum materials: 23 (1) Shall not be based on surveys, inventories, or 24 other evaluations, analyses, or assessments of: 25 (a) Student, family, or community immutable and other 26 identifying characteristics, including race, binary sex, 27 gender choices, religion, disabilities, or income; 28 (b) Psychological/social emotional data; 29 (c) Trauma and other psychological and emotional 30 problems; 31 (2) Shall ensure schools meet the purpose of education 32 as provided in the Missouri Constitution and disseminate the 33 knowledge and intelligence needed to ensure the rights and 34 liberties of legal United States citizens in Missouri. 35 4. At least five years of data showing percentages of 36 students by grade level, subject, and percentage level of 37 proficiency based on state assessment scores shall be posted 38 in the same section as the curricula on the district's 39 website and shall also be available for inspection at each 40 school within the district. 41 161.023. 1. All administrator, teacher and staff 1 professional development and instructional programs offered 2 to schools that are paid for with state funds, whether 3 offered directly by the department of elementary and 4 secondary education, another state agency, or by a third- 5 party contractor, shall be fully transparent and available 6 to the public as follows: 7 SB 645 3 (1) All program materials, videos, links, and 8 resources shall be publicly available at no charge on the 9 department's website; 10 (2) All program offerings shall be open for public 11 attendance. All program offerings shall be listed in one 12 location on the department's website by date and show the 13 title of the program, program description, location, and 14 time. Programs shall be publicly posted at least thirty 15 days in advance, with exceptions applying only when the 16 program is added with fewer than thirty days notice based on 17 an emergency as detailed by the school. Any resident of 18 the state shall be allowed access in some manner to the 19 program. Audio and video recordings of these programs shall 20 be required and accessible to the public free of charge for 21 at least three years after the event date. If a program 22 recording was not made or maintained, the program date, 23 name, and description shall still be listed on the website 24 for three years after the event date has passed with a clear 25 explanation as to why a recording is not available; 26 (3) Lists by school district showing date of 27 attendance, name and position of district attendee, program 28 name and description shall be provided by request and free 29 of charge to Missouri residents for the prior three years; 30 (4) No on-site program shall be provided by a school 31 prior to the local school board approving and adopting the 32 state program; 33 (5) Lists of local school boards that have approved 34 the state program shall be provided on the department's 35 website. 36 2. In addition, for programs offered to schools by 37 third-party contractors, the department shall maintain data 38 and information on the department's website related to those 39 SB 645 4 programs including a breakdown by school district for each 40 Missouri state funded program showing the amount paid to the 41 third-party contractor by year and by program detailing the 42 public funds spent on categories of program promotion, 43 development, training, local implementation, and other 44 miscellaneous costs, such as travel and physical materials 45 for the prior three years. 46 161.852. 1. The commissioner of education shall 1 establish the Missouri Education Transparency and 2 Accountability Portal which shall be an internet-based tool 3 creating transparency in Missouri's public education system 4 and providing citizens access to every school district's 5 curriculum, source materials, and professional development 6 materials. 7 2. The portal shall consist of an easy-to-search 8 database, including but not limited to the following: 9 (1) All curriculum taught by the school district; 10 (2) All source materials used to develop a district's 11 curriculum; 12 (3) All documents used by a school district in the 13 professional development of the district's faculty and 14 staff, including but not limited to administrators, 15 teachers, counselors, and classroom support staff; 16 (4) All source materials used to develop the documents 17 used by a school district in their professional development 18 materials as outlined in subdivision (3) of this subsection; 19 (5) All speakers and guests used by a school district 20 in their professional development activities; and 21 (6) The cost associated with speakers and guests used 22 by a school district in their professional development 23 activities. 24 SB 645 5 3. The commissioner of education shall establish an 25 online form that each school district in this state shall 26 complete with information required under subsection 2 of 27 this section. 28 4. A school district shall submit any updates to the 29 information outlined in subsection 2 of this section within 30 five businesses days of the information changing. 31 5. The commissioner of education shall update the 32 portal with the information required by this section to be 33 submitted by each school district no less than weekly and 34 shall ensure that the portal is maintained as the primary 35 centralized source of information about the curriculum and 36 instructional materials used by public school districts. 37 6. The department of elementary and secondary 38 education may promulgate rules to implement this section. 39 Any rule or portion of a rule, as that term is defined in 40 section 536.010, that is created under the authority 41 delegated in this section shall become effective only if it 42 complies with and is subject to all of the provisions of 43 chapter 536 and, if applicable, section 536.028. This 44 section and chapter 536 are nonseverable and if any of the 45 powers vested with the general assembly pursuant to chapter 46 536 to review, to delay the effective date, or to disapprove 47 and annul a rule are subsequently held unconstitutional, 48 then the grant of rulemaking authority and any rule proposed 49 or adopted after August 28, 2022, shall be invalid and void. 50 170.011. 1. Regular courses of instruction in the 1 Constitution of the United States and of the state of 2 Missouri and in American history and American literature so 3 students gain an understanding of our government 4 institutions shall be given in all public and private 5 schools in the state of Missouri, except proprietary 6 SB 645 6 schools, and shall begin not later than the seventh grade 7 and continue [in] throughout high school to an extent 8 determined by the state commissioner of education, and shall 9 continue in college and university courses to an extent 10 determined by the state commissioner of higher education. 11 These courses shall promote an overall positive and 12 comprehensive history and understanding of the United 13 States. In the 1990-91 school year and each year 14 thereafter, local school districts maintaining high schools 15 shall comply with the provisions of this section by offering 16 in grade nine, ten, eleven, or twelve a course of 17 instruction in the institutions, branches and functions of 18 the government of the state of Missouri, including local 19 governments, and of the government of the United States, and 20 in the electoral process. A local school district 21 maintaining such a high school shall require that prior to 22 the completion of the twelfth grade each pupil who receives 23 a high school diploma or certificate of graduation on or 24 after January 1, 1994, shall satisfactorily complete such a 25 course of study. Such course shall be of at least one 26 semester in length and may be two semesters in length. The 27 department of elementary and secondary education may provide 28 assistance in developing such a course if the district 29 requests assistance. A school district may elect to waive 30 the requirements of this subsection for any student who 31 transfers from outside the state to a Missouri high school 32 if the student can furnish documentation deemed acceptable 33 by the school district of the student's successful 34 completion in any year from the ninth through the twelfth 35 grade of a course of instruction in the institutions, 36 branches, and functions of state government, including local 37 SB 645 7 governments, and of the government of the United States, and 38 in the electoral process. 39 2. American history courses at the elementary and 40 secondary levels shall include in their proper time-line 41 sequence specific referrals to the details and events of the 42 racial equality movement that have caused major changes in 43 United States and Missouri laws and attitudes. 44 3. No pupil shall receive a certificate of graduation 45 from any public or private school other than private trade 46 schools unless he or she has satisfactorily passed an 47 examination on the provisions and principles of the 48 Constitution of the United States and of the state of 49 Missouri, and in American history, American institutions, 50 and American civics. A school district may elect to waive 51 the requirements of this subsection for any student who 52 transfers from outside the state to a Missouri high school 53 if the student can furnish documentation deemed acceptable 54 by the school district of the student's successful 55 completion in any year from the ninth through the twelfth 56 grade of a course of instruction in the institutions, 57 branches, and functions of state government, including local 58 governments, and of the government of the United States, and 59 in the electoral process. A student of a college or 60 university, who, after having completed a course of 61 instruction prescribed in this section and successfully 62 passed an examination on the United States Constitution, and 63 in American history and American institutions required 64 hereby, transfers to another college or university, is not 65 required to complete another such course or pass another 66 such examination as a condition precedent to his graduation 67 from the college or university. 68 SB 645 8 4. In the 1990-91 school year and each year 69 thereafter, each school district maintaining a high school 70 may annually nominate to the state board of education a 71 student who has demonstrated knowledge of the principles of 72 government and citizenship through academic achievement, 73 participation in extracurricular activities, and service to 74 the community. Annually, the state board of education shall 75 select fifteen students from those nominated by the local 76 school districts and shall recognize and award them for 77 their academic achievement, participation and service. 78 5. The provisions of this section shall not apply to 79 students from foreign countries who are enrolled in public 80 or private high schools in Missouri, if such students are 81 foreign exchange students sponsored by a national 82 organization recognized by the department of elementary and 83 secondary education. 84 170.360. 1. School districts and charter schools 1 shall display the following information on the school 2 website in an easily accessible location: 3 (1) All training materials used for staff and faculty 4 training related to nondiscrimination, diversity, equity, 5 inclusion, race, ethnicity, sex, or bias; 6 (2) All instructional or curricular materials relating 7 to nondiscrimination, diversity, equity, inclusion, race, 8 ethnicity, sex, or bias. Such instructional materials shall 9 identify, at a minimum: 10 (a) The title, author, organization, and any website 11 associated with each material and activity; 12 (b) A brief description of the instructional material; 13 (c) A link to the instructional material, if publicly 14 available on the internet, or information on how to request 15 review of a copy of the instructional material; and 16 SB 645 9 (d) If the instructional material was created by a 17 staff or faculty member, the identity of such person; and 18 (3) Any procedures for the documentation, review, or 19 approval of the training, instructional, or curricular 20 materials used for staff and faculty training or student 21 instruction at the school, including by the principal, 22 curriculum administrators, or other teachers. 23 Nothing in this subsection shall be construed to require the 24 digital reproduction or posting of copies of instructional 25 materials if such reproduction or posting would infringe 26 upon a copyright, provided that such copyrighted material 27 shall be made available upon request to the extent 28 authorized by law. 29 2. The information required by subsection 1 of this 30 section shall be displayed online within seven days after 31 the first instance of training or instruction in which the 32 materials are used. Such information shall remain displayed 33 on the school website for at least two years. 34 3. No school district, and no public charter school 35 for the purposes of subdivision (2) of this subsection only, 36 shall: 37 (1) Permit teachers or administrators to require or 38 make part of a course or award a grade or course credit, 39 including extra credit, for a student's: 40 (a) Political activism, lobbying, or efforts to 41 persuade members of the legislative or executive branch at 42 the federal, state, or local level to take specific actions 43 by direct communication; or 44 (b) Participation in any internship, practicum, or 45 similar activity involving social or public-policy advocacy; 46 SB 645 10 (2) Direct or otherwise compel a teacher, 47 administrator, or student personally to affirm, adopt, or 48 adhere to any belief or concept that: 49 (a) The United States or the state of Missouri is 50 fundamentally or irredeemably racist or sexist; 51 (b) An individual, by virtue of sex, race, ethnicity, 52 religion, color, or national origin, is inherently racist, 53 sexist, or oppressive, whether consciously or unconsciously; 54 (c) An individual, by virtue of sex, race, ethnicity, 55 religion, color, or national origin, should be blamed for 56 actions committed in the past by other members of the same 57 sex, race, ethnicity, religion, color, or national origin; or 58 (d) An individual’s moral character is necessarily 59 determined, in whole or in part, by his or her sex, race, 60 ethnicity, religion, color, or national origin; 61 (3) Use public funds to contract with, hire, or 62 otherwise engage speakers, consultants, diversity trainers, 63 and other persons: 64 (a) To engage students, teachers, administrators, and 65 other employees in activism or advocacy described in 66 subdivision (1) of this subsection; 67 (b) To direct or otherwise compel a teacher, 68 administrator, or student personally to affirm, adopt, or 69 adhere to any belief or concept described in subdivision (2) 70 of this subsection; or 71 (c) To advocate concepts described in subdivision (2) 72 of this subsection unless: 73 a. The school district expressly makes clear that it 74 does not sponsor, approve, or endorse such beliefs and 75 concepts; and 76 SB 645 11 b. The school district affords students, teachers, 77 administrators, and other employees the opportunity to opt 78 out of any speeches by or sessions with such persons. 79 4. No school district, public school, or charter 80 school may require a student, teacher, administrator, or 81 other employee to attend or participate in a training, 82 seminar, continuing education, orientation, or therapy that 83 promotes any belief or concept described in subdivision (2) 84 of subsection 3 of this section. 85 5. Nothing in this section shall be construed as 86 prohibiting: 87 (1) Speech protected by Article I, Section 8 of the 88 Constitution of Missouri or the First Amendment to the 89 Constitution of the United States; 90 (2) Voluntary attendance in a training session, 91 seminar, continuing education, orientation, or therapy, 92 provided that there is no inducement or coercion for such 93 attendance; 94 (3) Access to sources on an individual basis that 95 advocate concepts described in subdivision (2) of subsection 96 3 of this section for the purpose of research or independent 97 study; 98 (4) Discussion of beliefs or concepts described in 99 subdivision (2) of subsection 3 of this section or the 100 assignment of materials that incorporate such beliefs or 101 concepts for educational purposes, provided that the public 102 school expressly makes clear that it does not sponsor, 103 approve, or endorse such beliefs or concepts; or 104 (5) The use of curriculum that teaches the topics of 105 sexism, slavery, racial oppression, racial segregation, or 106 racial discrimination, including topics relating to the 107 SB 645 12 enactment and enforcement of laws resulting in sexism, 108 racial oppression, segregation, and discrimination. 109 6. Any employee of a school district that discloses a 110 violation of this section shall be protected from any manner 111 of retaliation as set forth in section 105.055. 112 7. (1) Suit for alleged violations of this section 113 may be brought by the department of elementary and secondary 114 education; the attorney general; the prosecuting attorney, 115 county counselor, or circuit attorney for the city or county 116 in which the school district, public school, or charter 117 school alleged to have violated this section is located; or 118 any aggrieved person, taxpayer, or citizen residing in such 119 city or county. 120 (2) Such suit shall be initiated in the circuit court 121 for the city or county in which the school district, public 122 school, or charter school alleged to have violated this 123 section is located. 124 (3) Upon a finding by a preponderance of the evidence 125 that a school district, public school, or charter school has 126 violated this section, the court shall issue such injunctive 127 relief reasonably necessary to correct such violation. 128 (4) Upon a finding by a preponderance of the evidence 129 that a school district, public school, or charter school has 130 knowingly violated this section, the court shall issue a 131 civil penalty in an amount up to one thousand dollars and 132 may order the payment by such district or school of all 133 costs and reasonable attorney fees to any party successfully 134 establishing such violation. 135 (5) Upon a finding by a preponderance of the evidence 136 that a school district, public school, or charter school has 137 purposefully violated this section, the court shall issue a 138 civil penalty in an amount up to ten thousand dollars and 139 SB 645 13 may order the payment by such district or school of all 140 costs and reasonable attorney fees to any party successfully 141 establishing such violation. 142 8. A school district or charter school which is in 143 doubt whether any action or decision would violate this 144 section may bring suit at such district or school's expense 145 in the circuit court of the city or county in which such 146 district or school is located to ascertain the propriety of 147 any such action or decision. Review of such action or 148 decision may include consideration of a proposed use of 149 school resources or of particular pieces of training, 150 instructional, or curricular material. 151 9. A school district or charter school which is in 152 doubt whether any action or decision would violate this 153 section may seek a formal opinion of the attorney general to 154 ascertain the propriety of any such action or decision. 155 Review of such action or decision may include consideration 156 of a proposed use of school resources or of particular 157 pieces of training, instructional, or curricular material. 158 Section B. Because the need to ensure that parents are 1 aware of the education their children are receiving for the 2 upcoming school year, section A of this act is deemed 3 necessary for the immediate preservation of the public 4 health, welfare, peace, and safety, and is hereby declared 5 to be an emergency act within the meaning of the 6 constitution, and section A of this act shall be in full 7 force and effect upon its passage and approval. 8 