Bills · 2023-2024 Regular Session
Relating to: pupil or minor access to harmful material in public libraries and to harmful material or offensive material in public schools. (FE)
Data processing Libraries School — Administration School — Charter school
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
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.
Beginning in the 2024-25 school year, the bill requires each school board and
operator of an independent charter school to adopt a policy that specifies criteria for
determining whether certain material is offensive material, which, under the bill,
means the material is offensive to prevailing standards in the adult community with
respect to what is suitable for children. Under the bill, if a public school pupil will
view or otherwise have access to offensive 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 offensive
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 offensive material for which the school did not
follow the requirements under the bill regarding parental notice and opportunity to
exempt pupil participation.
What it would cost
Fiscal estimates filed by state agencies, as official PDFs
Sponsors
Full history
- Feb 7, 2023 · Assembly
Introduced by Representatives Tittl, Sortwell, Allen, Binsfeld, Goeben, Green, Gundrum, Magnafici, Murphy, Penterman, Schraa, Tusler, Wichgers and Bodden; cosponsored by Senators Jacque, Quinn and Tomczyk
- Feb 7, 2023 · Assembly
Read first time and referred to Committee on Education
- Feb 20, 2023 · Assembly
Fiscal estimate received
- Apr 15, 2024 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1