Title

This Act may be cited as the “Student Protection and Transparency Act of 2022.”

Purpose

To ensure that K-12 students are protected from age-inappropriate material and topics while in the classroom, on campus, or in an education setting. Specifically, this legislation creates a Student Protection Division, establishes an online resource with a list of prohibited material, and ensures transparency within state educational curriculum.

Findings 

The State of [INSERT] finds that obscene and indecent material, as defined in case law and federal regulation, and description or depictions of partial or whole nudity, sex organs, or sexual acts has little to no educational value.  Similarly, children’s educational development and psychological wellbeing are best served when gender identity, sexual orientation, and sexuality in general are matters handled by the family.  Rather, introduction of these materials and concepts interferes with parents’ rights and duties to inculcate their own moral teachings to their children. Further, exposure to such materials and concepts have, according to the most recent social scientific research, deleterious effects upon children’s mental health and development.  And, no rigorous social scientific evidence has demonstrated any positive causal effect on educational outcomes, psychological wellbeing, or moral improvement from the introduction of such materials and concepts in educational curriculum.   

Section 1. Definitions

As used in this act and upon implementation:

A. “Pornographic material” means any virtual-reality technology, video, image, sound, instruction, reading material, writing material, presented via any medium in a classroom, on school grounds, or as part of a school-sponsored or school-affiliated event that:

1. Depicts, describes, or presents in part or whole nudity, sex organs, or sexual acts  
2. Depicts, describes, or presents any obscene material;
3. Depicts, describes, or presents indecent material as described in federal regulation;
4. Notwithstanding any other provision of the law, depicts, describes, or presents in part or whole lewd or sexual acts and is intended to cause sexual arousal.

B. “Sexually Inappropriate” means any video, image, sound, instruction, reading material, writing material, virtual-reality technology, presented via any medium in a classroom, on school grounds, or as part of a school-sponsored or school-affiliated event that:

(1). Depicts, describes, exposes, or presents in whole or in part , sexual or defecatory organs or sexual acts to children, minors, or students in grades K-6;

(2). Depicts, describes, exposes, or presents in part or whole sexual or defecatory organs or sexual acts to children, minors, or students in grades 7-12 that is not strictly relevant to educational disciplines explaining human biology, anatomy, physiology, or instruction on the potential consequences of sexual activity;

(3). Depicts, describes, exposes, or presents in part or in part or whole sexual or defecatory organs or sexual acts to children, minors, or students in grades 7-12 that is explicit, detailed, or violent; or

(4). Notwithstanding any other provision of the law, depicts, describes, exposes, or presents in part or whole material, concepts, activities, or ideas of a sexual nature to children, minors, or students in an age-inappropriate manner.

C. “Otherwise obscene material” means any virtual-reality technology, video, image, sound, instruction, reading material, writing material, concept, theory, policy, or ideology presented via any medium in a classroom, on school grounds, or as part of a school-sponsored or school-affiliated event that:

1. The average person, applying contemporary community standards, would find appeals to the prurient interest;
2. Depicts, describes, exposes, or presents, in a patently offensive way, sexual conduct specifically defined by applicable state law; and
3. Taken as a whole, lacks serious literary or scientific value. 

D. “Sexual Content Best Discussed at Home” means discussion of gender identity, sexual identity, or advocacy or ideological positions concerning gender, sexual identity, or sexuality in general beyond the biological aspects of human reproduction. 

E. “Commissioner” means the {insert Commissioner/Secretary/Director} of the {insert State Education Agency}.

F. “Agency” means the {insert State Education Agency}.

Section 2. The Student Protection Division

1. ESTABLISHMENT. To carry out the duties and responsibilities of this new publicly available, online resource there is hereby authorized the creation of the Student Protection Division within the {insert State Education Agency}. 

(1) DUTIES. The Commissioner, in coordination with the heads of relevant division offices within the {insert State Education Agency}, shall establish a program within the Student Protection Division to facilitate the creation and maintenance of a publicly available, online resource that:

(i) Carries out the responsibilities outlined in Section 4;

(ii) Establishes criteria to determine “Districts of Concern” for

independent school districts or public charter schools that violate student protection provisions in {State} law.

(2) DIRECTOR. This division shall be overseen by a Director, who is appointed by the Governor and serves a 4-year term. The Director is charged with the following responsibilities:

(i) Creating and maintaining the publicly-available, online resource to protect {insert State} students from pornographic, sexually inappropriate, or otherwise obscene material;

(ii) Overseeing annual updates to the publicly-available, online resource;

(iii) Working in consultation and cooperation with {insert State} independent school districts to facilitate inquiries and guidance;

(iv) Working in consultation and cooperation with education stakeholders including parents, parent-teacher associations, local school officials, and local school boards;

(v) Issuing a bi-annual report to the {insert State Legislature} on new material that has been added to the publicly-available, online resource;

(vi) Issuing an annual, publicly-available report to the Commissioner of the {insert State Education Agency}, Speaker of the House, Lieutenant Governor, and Governor that outlines the implementation of the resource in independent school districts, forthcoming material under review, the new material that has been added to the resource, existing districts of concern, and the number of known or reported incidents of intentional or unintentional violations;

(vii) Overseeing the budget of the Student Protection Division;

(viii) Submitting an annual fiscal report to the Commissioner of the {insert State Education Agency} and the State Comptroller.

(3) DISTRICTS OF CONCERN. The division shall classify any independent school district or charter school as a “district of concern” if:

(i)  The school district or charter school has two or more willful or

intentional violations of {insert State law or statute} within one calendar year; or

(ii) The school district or charter school has three or more incidental

violations of {insert State law or statute} within one calendar year.

(4) NOTIFICATION. Within 30 calendar days of an independent school district or charter school classified as a “district of concern,” the division shall send a letter to each student’s household within the district with a notification that the school district or charter is in violation of exposing the child, minor, or student to pornographic, sexually inappropriate, or otherwise obscene material. 

(i) The local school board must issue a public statement regarding the  

district’s classification followed by an open forum within 14

calendar days of the division’s issuance of the “district of concern” 

notification. 

(4) EMPLOYEES. To carry out the program, the Commissioner may hire appropriate personnel to perform the duties of the program.

(5) COORDINATION. In carrying out the program, the Director shall coordinate with—

(i) Relevant divisions within the {insert State Education Agency};

(ii) The {insert State Board of Education}; and 

(ii) Relevant education stakeholders including parents, parent-teacher associations, local school officials, and local school boards.

Section 3. Online Student Protection Resources

1. ESTABLISHMENT. Notwithstanding any other provision of law, the {insert State Education Agency} shall create and maintain a publicly available, online resource for independent school districts and public charter schools that denotes specific content containing pornographic, sexually inappropriate, sexual content best discussed at home or otherwise obscene material. 

B. PROHIBITIONS:

1. School districts shall be prohibited from acquiring, adding, or purchasing, any pornographic, sexually inappropriate, sexual content best discussed at home, and otherwise obscene materials for any purpose including but not limited to:

1. Classroom instruction;
2. Classroom distribution;
3. On-campus instruction;
4. On-campus distribution;
5. Curricula design;
6. Curricula implementation;
7. Recommend reading lists;
8. Availability in school libraries;
9. Availability on campus through a school-sponsored event; or
10. Availability through third-party vendors or speakers.
11. Online database resources available in the classroom or on-campus.

(2) School districts shall be prohibited from dissemination, discussion, or depiction of pornographic, sexuallly inappropriate, sexual context best discussed at home, and otherwise obscene materialsthrough:

1. Classroom instruction;
2. Classroom distribution;
3. On-campus instruction;
4. On-campus distribution;
5. Curricula design;
6. Curricula implementation;
7. Recommend reading lists;
8. Availability in school libraries;
9. Availability on campus through a school-sponsored event; or
10. Availability through third-party vendors or speakers.
11. Online database resources available in the classroom or on-campus.

B. PUBLICATION. This online resource shall be published by the {insert State Education Agency} on its website no later than August 1 of the calendar year following this bill’s enactment. 

C. MAINTENANCE. This resource shall be updated annually and must be posted and made publicly available no later than August 1 of each calendar year in preparation for the forthcoming school year.

D. CERTIFICATION. Every independent school district and charter school must publicly certify, no later than 30 days after publication, that they have read and abide by the latest Student Protection Division guidance on pornographic, sexually inappropriate, and otherwise obscene material.

Section 4. Curricula Transparency Requirements

A. ESTABLISHMENT. Notwithstanding any other provision of law, the {insert State Education Agency} will oversee the implementation of a statewide transparency initiative carried out by the Director and in coordination with any relevant divisions within the agency.

1. Every independent school district and charter school must publish on its website, in a searchable format prescribed by the {insert State Education Agency}, a list of all materials:

(i) Maintained in the school library;

(ii) Implemented as part of a school or grade-level reading list;

(iii) Assigned to students as part of their curricula; or

(iv) Recommended to students as supplemental material.

2. Every independent school district and charter school must publish on its website, in a searchable format prescribed by the {insert State Education Agency}, a list of all instructional materials, including those used to provide instruction. Each school board must:

(i) Provide access to all materials, excluding teacher editions, before the

district school board takes any official action on such materials. This process must include reasonable safeguards against the unauthorized use, reproduction, and distribution of instructional materials considered for adoption. 

(ii) Select, approve, adopt, or purchase all materials as a separate line item on the agenda and must provide a reasonable opportunity for public comment and then consider and adjudicate any claims that any of the materials are pornographic, sexually inappropriate, sexual content best discussed at home, and otherwise obscene.

The use of materials described in this paragraph may not be selected,

approved, or adopted as part of a consent agenda. 

(iii) Annually, beginning August 1 of the calendar year following enactment, submit to the Commissioner a report that identifies: 

a. Each material for which the school district received an objection

pursuant to subparagraph (ii) for the school year and the specific

objections thereto. 

b. Each material that was removed or discontinued as a result of an

objection. 

c. The grade level and course for which a removed or discontinued

material was used, as applicable. 

B. PUBLICATION. The agency shall publish on its website and update a list of materials

that were removed or discontinued as a result of an objection and disseminate

the list to school districts and charter schools for consideration in their selection

procedures.

Section 5. Severability

If any part, term, or provision of this Act is held to be unlawful, specifically in conflict with the U.S. or {State} Constitution, the remaining portion or portions shall be considered severable and not be affected by such determination. Furthermore, the remaining provisions shall be construed and enforced as if the Act did not contain the particular part, term, or provisions held to be unlawful.

Section 6. Rulemaking

The {insert State Education agency} shall promulgate all rules and regulations necessary for the purposes of carrying out this Act.

Section 7. Effective date

The requirements of this Act shall be effective no later than January 1, 2023.