View Amendment Current Amendment: 10 to Bill 3728

Senator Bennett proposes the following amendment (SEDU-3728.DB0182S):

Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-620(A) and (B) and inserting:

(A) The following prohibited concepts may not be included or promoted in a course of instruction, curriculum, assignment, instructional program, instructional material (including primary or supplemental materials, whether in print, digital, or online), surveys or questionnaires, presentations, performances, school policies and protocols or professional educator development or training, nor may a student, employee, or volunteer be compelled to affirm, accept, adopt, or adhere to such prohibited concepts: 

  (1)members of one race, sex, ethnicity, color, or national origin are inherently superior to members of another race, sex, ethnicity, color, or national origin; 

  (2)an individual, by virtue of the race, sex, ethnicity, religion, color, or national origin of the individual, inherently is privileged, racist, sexist, contributive to any oppression or oppressive, whether consciously or subconsciously; 

  (3)an individual should be discriminated against or receive adverse or favorable treatment because of the race, sex, ethnicity, religion, color, or national origin of the individual; 

  (4)the moral character of an individual is determined by the race, sex, ethnicity, religion, color, or national origin of the individual; 

  (5)an individual, by virtue of the race, sex, ethnicity, religion, color, or national origin of the individual, bears responsibility for actions committed in the past by other members of the same race, sex, ethnicity, religion, color, or national origin; 

  (6)meritocracy or traits such as a hard work ethic: 

   (a)are racist, sexist, belong to the principles of one religion; or 

   (b)were created by members of a particular race, sex, or religion to oppress members of another race, sex, ethnicity, color, national origin or religion; and 

  (7)fault, blame, or bias should be assigned to members of a race, sex, ethnicity, religion, color, or national origin because of their race, sex, ethnicity, religion, color, or national origin. 

(B) All materials made available to students, including but not limited to, primary and supplemental instructional material, reference material, extracurricular material, library and media center material, both printed and electronically accessible, must be age appropriate, grade appropriate or appropriate to the academic grade level of the student. . 

Amend the bill further, SECTION 2, by striking Section 59-29-640(B)(2)(c) and inserting:

  (c) an employee or volunteer of the LEA in which the allegation arose; 

Amend the bill further, SECTION 2, by striking Section 59-29-640(B)(3) and (4) and inserting:

 (3) a  requirement that the complainant must have undertaken a good faith effort to  communicate with the principal or individual alleged to have included or promoted the prohibited concept to discuss the complainant's concerns and attempt to resolve the matter: and

 (4)  the following timelines for the investigation by a LEA: 

   (a)complaint must be received within one year of the alleged violation; 

   (b)response must be provided within thirty business days; and 

   (c)decision must be rendered within thirty business days of the response being provided. 

Amend the bill further, SECTION 2, by striking Section 59-29-640(C) and inserting:

(C) An LEA shall work collaboratively with parents, teachers, and other employees to resolve concerns and complaints. At any point after a complaint is filed but before the LEA has issued a final written determination, the parties may reach an early resolution of an allegation through a resolution agreement, which shall include any agreed upon terms of the early resolution. Once a complaint is submitted, it must be confidential and not accessible to the public until a decision has been rendered and administrative procedures provided in this Article have been exhausted. An LEA is not required to complete its investigation or issue a final written determination once it has entered a resolution agreement with the complainant. If the LEA determines that the alleged violation is substantiated, it shall take immediate corrective action, which shall include: 

  (1) removing all materials found in violation, discontinuing any such instructional programs, initiatives or activities. If necessary for meeting the learning objectives of the study unit, identify and provide appropriate replacement materials which do not violate this article;

  (2) notifying the State Board of the violation and corrective action taken; and

  (3) maintaining the confidentiality of parties and the complaint.

Amend the bill further, SECTION 2, by striking Section 59-29-640(K)(1) and (2) and inserting:

 (1) LEA shall immediately take a corrective action plan that: 

   (a)identifies specific acts or steps the LEA will take to resolve the noncompliance; 

   (b)specifies deadlines for the completion of the required acts or steps; and 

   (c)specifies dates for submission of reports and documentation to the State Board verifying implementation; and 

   (d)meets the requirements of Section 59-29-640(C). 

 (2) The State Board shall: 

   (a)monitor the corrective action plan to ensure the LEA complies with the terms of the plan; 

   (b)provide written notice to the LEA of any deficiencies in implementation and request immediate and appropriate action to address those deficiencies; 

   (c)require additions to the corrective action plan to address the failure of the LEA to fully implement commitments in the original plan when necessary; and 

   (d)conclude the monitoring of the corrective action plan when the State Board determines that the LEA fully has implemented the terms of the plan by providing written notification to the LEA. 

Amend the bill further, SECTION 2, Section 59-29-640, by adding a subsection to read:

 (M)A parent must not be subject to retaliation or sanctions from the LEAs, the State Board of Education, and employees thereof for filing a complaint or appeal as outlined in this Article. 

Amend the bill further, SECTION 2, by striking Section 59-29-650(C)(7) and inserting:

  (6)information on accessing the course Learning Management System; 

  (7)reading and reference material, including the title, author and publisher; and 

 (8) the link to state standards, if available. 

Amend the bill further, SECTION 2, by striking Section 59-29-660(A) and inserting:

(A) The State Superintendent of Education shall plan for a thirty -day public review of materials recommended by the instructional materials review panels before taking those recommendations to the State Board of Education. The public review sites must be geographically distributed around the State at as many state-supported colleges and universities or, if necessary, other designated sites that agree to host the reviews. Public review sites must be advertised in each congressional district in the newspaper with the largest circulation figures for that district, on the website of the department, and on social media sites used by the department. All recommended materials shall be made available for review at each location and the public shall be given access during the review period without unreasonable restrictions or conditions.

Amend the bill further, SECTION 2, by striking Section 59-29-670 and inserting:

 Section 59-29-670.A school may not use, make available, or promote any curricula, presentations, performances, assignments, questionnaires, surveys or materials in any format, including making access available through school or class libraries, clubs, book fairs, book or media catalogs, or technology which contains an application, link, or other access to pornographic or other prohibited materials. A school district that receives or distributes such materials must receive disciplinary action as stated in the complaint process. 

Amend the bill further, SECTION 3, by striking Section 59-28-180 and inserting:

 Section 59-28-180. (A)  Parent involvement influences student learning and academic performance; therefore, parents are expected to:

 (1)(a) uphold high expectations for academic achievement;

 (2)(b) expect and communicate expectations for success;

 (3)(c) recognize that parental involvement in middle and high school is equally as critical as in elementary school;

 (4)(d) ensure attendance and punctuality;

 (5)(e) attend parent-teacher conferences;

 (6)(f) monitor and check homework;

 (7)(g) communicate with the school and teachers;

 (8)(h) build partnerships with teachers to promote successful school experiences;

 (9)(i) attend, when possible, school events;

 (10)(j) model desirable behaviors;

 (11)(k) use encouraging words;

 (12)(l) stimulate thought and curiosity; and

 (13)(m) show support for school expectations and efforts to increase student learning; and

 (n) be the primary source of their student's education regarding learning morals, ethics, and civic responsibility.

 (B) The intent of this section is to foster parental involvement and shall not be construed as a mandate on parents.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Within six months of this act becoming law, the department shall review and update, as necessary, academic standards and model lesson plans; educator practices and professional conduct principles; school counseling frameworks and standards; and any other student services personnel guidelines, standards, or frameworks in accordance with the requirements of this act.