AB 1193

This bill requires public libraries and public schools, including charter schools,

to take steps to prevent pupils and minors from accessing harmful material on

computers. Under the bill, “harmful material” is defined as 1) any picture,

photograph, drawing, sculpture, motion picture film, or similar visual

representation or image of a person or portion of the human body that depicts nudity,

sexually explicit conduct, sadomasochistic abuse, physical torture, or brutality and

that is harmful to children; or 2) any book, pamphlet, magazine, printed matter

however reproduced or recording that contains matter described in item 1, or explicit

and detailed verbal descriptions or narrative accounts of sexual excitement, sexually

explicit conduct, sadomasochistic abuse, physical torture, or brutality and that,

taken as a whole, is harmful to children.

The bill requires any public library that provides a public access computer and

any school board or independent charter school to do at least one of the following with

respect to the public access computer or school computer to which pupils and minors

have access: 1) equip the computer with software that will limit a pupil's or minor's

ability to gain access to harmful material; 2) purchase Internet connectivity from an

Internet service provider that provides filter services to limit access to harmful

material; or 3) develop and implement a policy that establishes measures to keep

pupils and minors from gaining access to harmful material. Under the bill, a public

library or public school may allow a pupil or minor to access harmful material on the

Internet if the parent or guardian of the pupil or minor consents to that access.

The bill also provides that, if a public school pupil will view or otherwise have

access to harmful material as part of classroom instruction, the school must provide

the parent or guardian of the pupil with an outline of the curriculum and a summary

of the instructional materials that contain the harmful material, information

regarding how the parent or guardian may inspect the complete curriculum and

instructional materials, and an explanation of the exemption available to parents

and guardians under the bill. The bill requires each public school to make the

complete curriculum and all instructional materials available for inspection by

parents or guardians upon request. Under the bill, no pupil may be required to take

any such instruction if the pupil's parent or guardian files with the teacher or school

principal a written request that the pupil be exempted.

Finally, the bill provides that no public school or public school employee may

show or provide to any pupil harmful material for which the school did not follow the

requirements under the bill regarding parental notice and opportunity to exempt

pupil participation.