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. 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 3. 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 4. Rulemaking

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

Section 5. Effective date

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