SUMMARY:  LC 49 0777  LC 49 0887S  LC 49 0983S

On sine die, an amendment was made to HB 1084.  It added a prohibition against any high school receiving QBE funds participating in, sponsoring, or providing coaching staff for interscholastic sports events conducted under the authority of, under the rules of, or scheduled by any athletic association unless that association has a charter, bylaws, and other governing documents which provide for governance and operational oversight by an executive oversight committee. If a high school does so, it will forfeit its QBE funds.

The executive oversight committee will have ten members appointed by the Governor, Lt. Governor, Speaker, GSBA, association of high school athletics coaches, association of officials/referees/umpires, and two members from GSSA, and two from the athletic association. One of the members from GSSA and the athletic association would represent schools with a lower enrollment and the other would represent schools with a higher enrollment. The duties of the committee are listed in the bill.

If the athletic association sees it as "necessary and appropriate to prohibit students whose gender is male from participating in athletic events that are designated for students whose gender is female, the athletic association may adopt a policy to that effect." The policy must apply to all the participating public high schools. Although the bill is worded as this being a decision of the athletic association, it is listed under the authority and duties of the executive oversight committee.

Changes made during the process to the original HB 1084 are highlighted in yellow.

Each local board, superintendent, and governing body of a charter school shall prohibit employees from discriminating against students and other employees based on race. They shall ensure that curricula and training programs encourage employees and students to practice tolerance and mutual respect and to refrain from judging others based on race. (Added charter schools)

Each school and local school system may provide curricula or training programs that foster learning and workplace environments where all students, employees, and school community members are respected, BUT no curriculum, classroom instruction, or mandatory training program whether delivered or facilitated by school personnel or a third party engaged by the school or school system shall not advocate for divisive concepts [see below for definitions]. (Reworded)

None of the above is to be interpreted to

--inhibit or violate Constitutional rights or undermine intellectual freedom or freedom of expression;

--infringe upon the intellectual vitality of students and employees of local boards, school systems, or other schools

--prohibit a local board, school system, or other school from promoting concepts such as tolerance, mutual respect, cultural sensitivity, or cultural competency provided those efforts do not conflict with requirements in this bill 

--prohibit a school administrator, teacher, other school personnel, or an individual facilitating a training program from responding in a professionally and academically appropriate manner and without espousing personal political beliefs to questions regarding specific divisive concepts raised by students, school community members, or participants in a training program (Reworded) 

--prohibit discussion of divisive concepts as part of a larger course of instruction in a professionally and academically appropriate manner and without espousing personal political beliefs

--prohibit the full and rigorous implementation of curricula, or elements of a curriculum, that are required as part of advanced placement, international baccalaureate, or dual enrollment coursework provided implementation is done in a professionally and academically appropriate manner and without espousing personal political beliefs (NEW)

--Prohibit the use of curricula that addresses the topics of slavery, racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and the enforcement of laws resulting in racial oppression, segregation, and discrimination in a professionally and academically appropriate manner and without espousing personal beliefs (NEW) 

--create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against a local board, school system, or other school, its employees etc.; OR 

--prohibit a state or federal court or agency of competent jurisdiction from ordering training or other remedial action that discusses divisive concepts due to a finding of discrimination, including discrimination based on race. 

Divisive concepts are defined in the bill as the following, including views espousing such concepts:

      One race is inherently superior to another race

      The United States is fundamentally racist

      An individual, by virtue of his or her race, is inherently or consciously racist or oppressive toward individuals of other races (Reworded)

      An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race

      An individual's moral character is inherently determined by his or her race 

      An individual, solely by virtue of his or her race, bears individual responsibility for actions committed in the past by other individuals of the same race (Reworded)

      An individual, solely by virtue of his or her race, should feel anguish or any other form of psychological distress because of his or her race (Reworded)

      Performance-based and merit-based advancement policies and practices are racist (Reworded)

      Any other form of race scapegoating or race stereotyping

      'Espousing personal political beliefs' means an individual, while performing official duties as part of his or her employment or engagement with a school or local school system, intentionally encouraging or attempting to persuade or indoctrinate a student, school community member, or other school personnel to agree or advocate for such individual's personal beliefs concerning divisive concepts (NEW)

Race scapegoating is defined in the bill as assigning fault or blame to a race, or to an individual of a particular race because of his or her race. (Reworded)

Race stereotyping is defined here as ascribing character traits, values, moral or ethical codes, status, or beliefs to an individual because of his or her race. (Reworded) 

By August 1, 2022, each local board and charter school governing body shall adopt a complaint resolution policy to address complaints alleging violations of any of the above provisions.  It must include the following:

1) Neither the school nor district is required to respond to a complaint unless it is made by one of the following

      Parent of a student enrolled at the school where the alleged violation occurred

      Student who has reached the age of majority or is an emancipated minor and enrolled at the school where the alleged violation occurred

      Individual employed as a school administrator, teacher, or other school personnel at the school where the alleged violation occurred

      District Attorney for the county in which alleged violation occurred (Deleted)

2) Complaint must first be submitted in writing to the principal and include a reasonably detailed description of the alleged violation

3) Principal or designee must review the complaint within five days of receiving it and take reasonable steps to investigate the allegations.  (Timeline extended)

4)Within ten days of receiving the complaint, unless another schedule is mutually agreed to, the principal shall confer with the complainant to inform him/her if a violation was found to have occurred in whole or in part and if so, what remedial steps have been or will be taken but maintain confidentiality of student or personnel information. (Timeline extended)

      -- Within three school days of a request by the complainant after the conference, the principal or designee shall provide a written summary of the findings of the investigation and a statement of remedial measures, if any but shall not disclose any confidential student or personnel information. NEW

5)The principal's determination is subject to review by the superintendent or designee (or charter governing body) within 10 days of receiving a written request from the complainant. Confidential student and personnel information are not subject to review.

6)The superintendent's decision is subject to review by the local board under provisions of 20-2-1160. Confidential student or personnel matters are not subject to review.

Any party aggrieved by the local board's decision has the right to appeal to the State Board under 20-2-1160 

The State Board shall, after hearing the appeal and finding a violation, direct the Department of Education to develop a corrective action plan to be provided to the local district within ten days of the finding. The district has 30 days to implement the plan.  NEW

If the State Board finds the district has not implemented the corrective action plan, the State Board shall order the immediate suspension of one or more waivers included in the district's contract with the State Board. The suspension shall be in effect for no less than 12 months from the date of the order.  If the contract remains in effect for longer than 12 months, the suspension can be no longer than the remainder. If a district has no waivers, the Board shall refer the matter to the State School Superintendent to determine whether to exercise his/her suspension authority as provided in 20-2-34 (this statute allows the State Superintendent to suspend a local superintendent; the local superintendent can then appeal the decision to the State Board)

No later than July 1, 2022, the State Board shall promulgate a model policy to assist schools and districts with establishing a complaint resolution process. The Department of Education shall develop guidance for districts to use.

Nothing prohibits any cause of action available at law or in equity to a complainant who is aggrieved by the decision of the local board.

Any person eligible to file a complaint shall have the right at any time to request in writing from the superintendent or principal nonconfidential records which he/she reasonably believes may substantiate a complaint under this Code section. The records shall be produced for inspection within a reasonable time not to exceed three business days of receiving the request. It includes provisions if some or all of the records are unavailable in that time frame. NEW

If the request is denied or the records not provided within 30 days, it may be appealed to the local board or charter governing board. The board must place the appeal on the next public meeting's agenda. NEW

Nothing prohibits any cause of action available at law or in equity to a complainant who is aggrieved by the decision of the local board. 

This code section is not waivable.

The remaining sections prohibit training requirements, rules, code of ethics for individuals to participate in or complete any training program in which divisive concepts are advocated for certification and classification. 

EFFECTIVE DATE:

July 1, 2022