Bill H.459

HOUSE DOCKET, NO. 3522 FILED ON: 1/20/2023

HOUSE . . . . . . . . . . . . . . . No. 459

By Representative DeCoste of Norwell (by request), a petition (accompanied by bill, House, No. 459) of Les Molyneaux relative to requiring school boards to make information about learning materials and educational activities used for pupil instruction available to the public. Education.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to creating statutes relating to requiring school boards to make information about learning materials and educational activities used for pupil instruction available to the public.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

This bill requires each Municipal School Board or Public Charter School Board to prominently post on the home page of its Internet site information related to learning materials and educational activities used in pupil instruction in the school district and any procedure or policy in effect that applies to the documentation, review, or approval of such learning materials or educational activities. Under this bill, used in pupil instruction” means that a learning material or educational activity is 1) assigned, distributed, or otherwise presented to pupils in a course for which pupils receive credit, 2) assigned, distributed, or otherwise presented to pupils if use of the learning material or participation in the educational activity is required by the school, 3) assigned, distributed, or otherwise presented to pupils and at least a majority of pupils in a grade level are expected to use the learning material or participate in the educational activity, 4) among learning materials from which pupils are required to select one or more materials, if the available selection of learning materials is restricted to specific titles, or 5) created by the school board or a teacher employed by the school board, including lesson plans, presentations, and videos. This bill requires each school board to include in its list of learning materials and educational activities 1) bibliographic information necessary to identify each listed learning material and educational activity, 2) the full text or a copy of a learning material or educational activity created by the school board or a teacher employed by the school board, and 3) a link to curricula adopted by the school board to comply with state law.

Under this bill, a school board must update the list of learning materials and educational activities at least twice each school year and must notify parents and guardians each time the list is updated. This bill specifies that one update must occur before the start of the school term and one update must occur before January 15 of the applicable school year. This bill also requires the school board to ensure that the list remains available to the public on its Internet site for at least five years.

SECTION 1. PURPOSES

The purposes of the EDUCATE OPENLY ACT are:

A. To ensure that schools provide transparency in the training and instructional materials used in pupil instruction to promote diversity, equity, and inclusion and to give parents and students ready access to review such materials.

B. To ensure that students, teachers, administrators, and other school employees recognize the equality, dignity, and rights of all persons and to discourage public schools from teaching ideas and concepts that are contrary to this aim.

C. To ensure that public schools do not compel students to engage in political or social activism or advocacy.

D. To prevent government entities and actors from compelling students, teachers, administrators, and other public school employees to affirm prescribed speech or beliefs.

SECTION 2: TRANSPARENCY IN TRAINING AND CURRICULUM

A. The governing body of a public school, including public charter schools, shall ensure that the following information is prominently displayed on the school website in an easily accessible location:

(1). All training materials used for staff and faculty training on all matters of nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, or any combination of these concepts with other concepts.

(2). All instructional or curricular materials principally concerning nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, or any combination of these concepts with other concepts. Such instructional materials shall identify, at a minimum:

i. The title, author, organization, and any website associated with each material and activity;

ii. A brief description of the instructional material;

iii. A link to the instructional material, if publicly available on the Internet, or information on how to request review of a copy of the instructional material; and

iv. The identity of the teacher, if the instructional material was created by the teacher.

(3) Any procedures for the documentation, review, or approval of the training, instructional, or curricular materials used for staff and faculty training or student instruction at the school, including by the principal, curriculum administrators, or other teachers.

(4) Nothing in this subsection shall be construed to require the digital reproduction or posting of copies of the instructional materials themselves, where such reproduction would infringe upon copyrighted material; but in such cases, original materials should still be linked, if possible, or provided upon request, as required under subsection (2)(iii) of this section.

B. The information required by subsection (A) of this section shall be displayed online prior to the first instance of training or instruction, or, at latest, seven days after the training or instruction. Such information shall remain displayed on the school website for at least two years.

C. A school whose governing board is responsible for the operation of schools with fewer than (10) students cumulatively is not required to post a list of learning materials and activities pursuant to this section.

D. The attorney general or the district or county attorney for the district or county in which an alleged violation of this section occurs may initiate a suit in the district or county court in the jurisdiction in which the school district, public school, public charter school, or other governmental entity responsible for the oversight of public secondary or elementary schools is located for the purpose of complying with this section. [The legislature can, in addition to injunctive relief, specify a fine or penalty according to state law.]

E. An attorney acting on behalf of a school district, public school, public charter school, or governmental entity responsible for the oversight of public secondary or elementary schools may request a legal opinion of the county or district attorney or the attorney general as to whether a particular piece of training, instructional, or curricular material fits under this subsection.

SECTION 3: CONTROLLING STATE SCHOOL CURRICULUM, PROTECTING AGAINST COMPELLED SPEECH, AND PERMITTING INDIVIDUAL OPT-OUTS

A. No school district, public school, or governmental entity responsible for the oversight of public secondary or elementary schools, including public charter schools only with respect to subsection (A)(2) of this section, shall:

(1) Permit teachers or administrators to require or make part of a course or award a grade or course credit, including extra credit, for:

i. A student’s political activism, lobbying, or efforts to persuade members of the legislative or executive branch at the federal, state, or local level to take specific actions by direct communication; or

ii. Participation in any internship, practicum, or similar activity involving social or public-policy advocacy.

(2) Direct or otherwise compel a teacher, administrator, or student personally to affirm, adopt, or adhere to any belief or concept that:i. The United States, the Commonwealth of Massachusetts or any other state or commonwealth within the United States is fundamentally or irredeemably racist or sexist;

ii. An individual, by virtue of sex, race, ethnicity, religion, color, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

iii. An individual, by virtue of sex, race, ethnicity, religion, color, or national origin, should be blamed for actions committed in the past by other members of the same sex, race, ethnicity, religion, color, or national origin; or iv. An individual’s moral character is necessarily determined, in whole or in part, by his or her sex, race, ethnicity, religion, color, or national origin.

(3) Use public funds to contract with, hire, or otherwise engage speakers, consultants, diversity trainers, and other persons:

i. To engage students, teachers, administrators, and other employees in activism or advocacy as described in subsection (A)(1) of this section;

ii. To direct or otherwise compel a teacher, administrator, or student personally to affirm, adopt, or adhere to any belief or concept described in subsection (A)(2) of this section; or

iii. To advocate concepts described in subsection (A)(2) of this section, unless:

a. The school expressly makes clear that it does not sponsor, approve, or endorse such concepts or materials; and,

b. The school affords students, teachers, administrators, and other employees the opportunity to opt out of any speeches by or sessions with such outside contractors, as specified under subsection (B) of this section.

B. No school district, public school, or governmental entity responsible for the oversight of public secondary or elementary schools may require a student, teacher, administrator, or other employee of a school district, or public school to attend or participate in a training, seminar, continuing education, orientation, or therapy that promotes any concept described in subsection (A)(2) of this section or any combination of these concepts.

Public charter schools are excluded from this subsection, except as otherwise constrained by subsection (A)(2).

C. Nothing in this section shall be construed as prohibiting:

(1) Speech protected by the First Amendment of the U.S. Constitution or [Art. # of the State Constitution];

(2) Voluntary attendance in a training session, seminar, continuing education, orientation, or therapy, provided that no inducement or coercion for such attendance exists;

(3) Access to sources on an individual basis that advocate concepts described in subsection (A)(2) of this section for the purpose of research or independent study; or

(4) Discussion of concepts described in subsection (A)(2) of this section or the assignment of materials that incorporate such concepts for educational purposes, provided that the public school expressly makes clear that it does not sponsor, approve, or endorse such concepts or materials.

D. The attorney general or the district or county attorney for the district or county in which an alleged violation of this section occurs may initiate a suit in the district or county court in the jurisdiction in which the school district, public school, public charter school, or governmental entity responsible for the oversight of public secondary or elementary schools is located for the purpose of complying with this section.

E. An attorney acting on behalf of a school district, public school, public charter school, or governmental entity responsible for the oversight of public secondary or elementary schools may request a legal opinion of the county or district attorney or the attorney general as to whether a proposed use of school resources would violate this section.

SECTION 4: ENFORCEMENT

A. This bill allows a school district resident to bring an action in the appropriate court to compel a school board to comply with the requirements created in this bill.

Under this bill, the court must award reasonable attorneys fees, up to $15,000, to the school district resident if he or she prevails in the action.

SECTION 5: SEVERABILITY

A. The provisions of this act are hereby declared to be severable. If any provision of this act or the application of such provision to any person or circumstance is declared or held to be invalid for any reason, such declaration or holding shall not affect the validity of the remaining portions of this act and the application of its provisions to any other persons or circumstances.

Name:	District/Address:	Date Added:
Les Molyneaux		1/20/2023