Title

This Act may be cited as the “Protecting Children in Independent School Districts and Empowering Parents Act of 2022.”

Purpose

To ensure that students in Independent School Districts are protected from age-inappropriate material and topics while in the classroom, on campus, or in an education setting. Specifically, this legislation is intended to protect students and children from pornographic material, overly sexualized content, and otherwise obscene concepts in curricula, educational instruction, and available reading material in school libraries. 

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. “Superintendent” means a Superintendent of an independent school district.

F. “Independent school district” means an independent school district as defined in {insert State} law.

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

Section 2. Student Protection Provisions in Independent School Districts

1. PROHIBITIONS. Notwithstanding any other provision of the law, no school official, administrator, teacher, substitute teacher, coach, counselor, school employee, contractor, adult participating in a school-sponsored or school-affiliated event, or adult otherwise invited by a school official or school district on school grounds shall:

(1) Depict, describe, discuss, present, or otherwise provide any children, minors, or students in grades K-12 with pornographic, sexually inappropriate, sexual content best discussed at home, or otherwise obscene material as defined in Section 1 of this Act.

(2) Depict, describe, discuss, present, or otherwise provide any children, minors, or students in grades K-12 with information or knowledge of how to access pornographic, sexually inappropriate, sexual content best discussed at home, or otherwise obscene material in accordance with existing state law and as defined in Section 1 of this Act.

(3) Depict, describe, discuss, present, or otherwise provide any children, minors, or students in grades K-12 with information or knowledge regarding their personal sexual proclivities, identities, orientations, activities, concepts, ideas, or gender identities while in the classroom, on school grounds, or participating in a school-sponsored or school-affiliated event.

2. EXCEPTIONS. Notwithstanding any other provision of the law, no school official, administrator, teacher, substitute teacher, coach, counselor, school employee, contractor, adult participating in a school-sponsored or school-affiliated event, or adult otherwise invited by a school official or school district on school grounds shall be in violation of Section 2A of this Act so long as:

1. Children, minors, or students in grades K-6 are provided information or instruction that is strictly limited to the basic biological composition and function of the human body;
2. Children, minors, or students in grades 7-12 are provided instruction, curricula, or material in specific courses where examining, educating, and explaining anatomy, biology, chemistry, or physiology is academically appropriate, or special courses designed to instruct on the potential consequences of sexual activity and so long as the material or instruction is not in violation of existing state obscenity laws or Section 1A, 1B, 1C, and 1D of this Act.
3. Actions are consistent with {insert State} rules on reporting child abuse or neglect, including trafficking of a child.

3. ENFORCEMENT. Each independent school district is hereby tasked with ensuring that schools under their purview remain in compliance with this Act through the issuance of an annual certification to the {insert State Education Agency}.
4. PENALTIES. Notwithstanding any other provision of the law and in addition to existing criminal or civil liability statutes that may be applicable—
5. Any school official, administrator, teacher, substitute teacher, coach, counselor, school employee, or contractor found to have one or more willful violations of Section 2A or two or more incidental violations of Section 2A is subject to:

(i) Immediate termination from their employment at the independent school district or charter school;

(ii) Revocation of their {insert State} state license or certification to teach, administer, counsel, or otherwise find employment in an independent school district or charter school; and

(iii) Placement on a publicly available, online resource operated by the {insert State Education Agency} informing independent school districts and charter schools that they are categorized as “do not hire.”

5. RIGHT OF ACTION. Notwithstanding any other provision of the law, the parent or guardian of a child, minor, or student exposed to pornographic, sexually inappropriate, or otherwise obscene material due to a confirmed Section 2A violation is hereby granted a right of action in accordance with state law.
6. LIABILITY. Notwithstanding any other provision of the law and in addition to existing criminal or civil liability statutes that may be applicable—

(1) The independent school district that violates Section 2A;

(2) School official, administrator, teacher, substitute teacher, coach, counselor, school

employee, contractor, adult participating in a school-sponsored or school-affiliated

event, or adult otherwise invited by a school official or school district on school

grounds that willfully or intentionally violates Section 2A shall be liable for—

(i) Mental, emotional, spiritual, or physical harm to the well-being of the

child, minor, or student exposed to pornographic, sexually inappropriate, sexual content that is best discussed at home, or otherwise obscene material due to the Section 2A violation.

(ii) The costs of any health, therapy, counseling, or mental health assessments

associated with exposure to pornographic, sexually inappropriate, sexual content best discussed at home, or otherwise

obscene material due to a Section 2A violation.

(3) DETERMINATION OF AMOUNTS. The liability under this subsection with regard to a (an): 

(i) Independent school district that violates Section 2A shall

be no less than the current combined state and federal per-pupil-allocation for

the school district or $250,000, whichever is greater.

(ii) School official, administrator, teacher, substitute teacher, coach, counselor, school employee, contractor, adult participating in a school-sponsored or school-affiliated event, or adult otherwise invited by a school official or independent school district on school grounds that willfully or intentionally violates Section 2A shall be no less than half the annual salary (rounded up) of the individual or $100,000, whichever is greater.

Section 3. Parental Involvement and Content Response Process

A. POLICY. It is the official policy of {insert State} that parents are the ultimate and final authority on the well-being and education of their children. 

1. PROCESS. To carry out this policy, independent school districts direct their school boards to issue and implement an open and transparent process for parents and citizens to submit potentially offending material for review within 60 calendar days of enactment.
2. When the school board receives the potentially offending material, it is required to review the material in question and provide a written response within 30 calendar days.
3. If the material in question is suspected by the school board to violate Section 2A of this Act, the school board is required to issue a public statement declaring its belief that a violation has occurred and provide an open forum to discuss the specific matter in question within 30 calendar days of its determination.
4. The school board is required to provide a public statement regarding its decision to remove or maintain the potentially offending material within 14 calendar days of the open forum. 
5. The Superintendent shall develop guidelines for a parent or concerned citizen to appeal the decision of the school board to the State Board of Education {If such a review process already exists in said state, otherwise cut this section}. This appeal must be made within 30 days of the local school board’s decision regarding the potentially offending material.

Section 4. 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 5. Rulemaking

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

Section 6. Effective date

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