SUMMARY:   LC 49 0441  LC 41 3067S (SCS)  LC 41 3138S  LC 48 0514S

The proposed statute remains in Title 20 rather than the criminal code where it started. It began focused on school library materials but expanded to "material that is harmful to minors [that] has been provided or is currently available to a student enrolled in the local school system."  Instead of its being a criminal offense to provide such material as it started out, it now requires the local board to adopt a complaint resolution policy to address complaints submitted by parents or guardians of a child attending a school in the district.

The bill defines "harmful to minors" as meeting three conditions for "that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse" when it

• "Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors; 
• Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; AND 
• Is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for minors" 

 By January 1, 2023, the local board must adopt the complaint resolution policy mentioned above.  The process must require that: 

• the complaints be submitted in writing to the principal of the school the student attends
• the complaint provides a reasonably detailed description of the material alleged to be harmful to minors
• Within seven business days of receiving the written complaint, the school principal or designee shall review the complaint and take reasonable steps to investigate the allegations, including reviewing the material if available
• The school principal or designee shall determine whether the material is harmful to minors
• The school principal or designee shall determine whether student access to the material shall be removed or restricted
• Within ten business days of receiving the complaint, unless another schedule is agreed upon by the complainant and principal/designee, the principal or designee must confer with the complainant whether the material was found to meet the definition of harmful and whether it will be removed or restricted
• Appeals of the principal's decision shall be subject to "full administrative and substantive review" by the local board of education which shall also include allowing the parent to speak during public comment at a regularly scheduled board meeting
• The review by the board must be done within 30 calendar days of receiving the written appeal unless a different timeframe is mutually agreed upon
• If the local board finds the material is not harmful to minors, the title of the material submitted for appeal shall be published on the district's website within 15 business days from the date of the determination and shall remain on the website not less than 12 months 
• A parent/guardian may request access to appealed materials that are physical in nature and accessible to their student in the school media center.  The parent must abide by the school's policies and procedures when requesting and reviewing the material. 

No later than September 1, 2022, the Department of Education shall create a model policy for a complaint resolution process that meets the above requirements 

EFFECTIVE DATE:

July 1, 2022 but note policy dates above