House Amendment 1
H 3728 - Session 125 (2023-2024)
Transparency and Integrity in Education Act

The Committee on Education and Public Works proposes the following amendment (LC-3728.WAB0001H):

Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-600(A)(1) and inserting:

(1) all students learn in a positive learning environment where they are made to feel welcomed, supported, respected, and free from discrimination;

Amend the bill further, SECTION 2, by striking Section 59-29-620(B) and inserting:

(B) Library and media center material, both printed and electronically accessible, must be age appropriate and grade appropriate. Determination of the appropriateness of materials should be guided by criteria established by the State Board of Education.

Amend the bill further, SECTION 2, by striking Section 59-29-620(D)(2) and (3) and inserting:

(2) the fact-based discussion of controversial aspects of history or current events; or

(3) the fact-based instruction on the historical oppression of a particular group of people based on race, sex, ethnicity, class, nationality, religion, or geographic region.

Amend the bill further, SECTION 2, by striking Section 59-29-630(3) and inserting:

(3) a brief description of the prohibited concept at issue and the context in which it was

allegedly included or promoted that is in violation of Section 59-29-620;

Amend the bill further, SECTION 2, by striking Section 59-29-630(8) and (9) and inserting:

(8) the approximate date on which the prohibited concept was included or promoted;

(9) location, either physical or virtual, of the printed or electronically available material; and

(10)known prior attempts to discuss an alleged violation with the individual alleged to have included or prompted the prohibited concept.

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. 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.

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

(J) Pending the issuance of a final order by the State Board in a proceeding pursuant to this section, no preliminary information gathered by the department concerning misconduct reasonably believed to constitute grounds for disciplinary action, including the name and certificate number of the certified educator, may be disclosed.

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

(L) If the State Board determines the LEA knowingly violated Section 59-29-620 or the LEA fails to adhere to the corrective action plans, the department may withhold up to five percent of a LEA's funds appropriated as part of the State Aid Classrooms and the board may initiate action to suspend or revoke the educator certificate of the responsible LEA staff pursuant to Section 59-25-160.

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

Section 59-29-670.A school may not accept teaching materials 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. Pornography is defined as printed or visual material containing the explicit description or display of sexual organs or activity intended to stimulate erotic rather than aesthetic or emotional feelings.

Amend the bill further, SECTION 3, by striking Section 59-28-180(14)(B) and inserting:

(B) During the annual school registration process or whenever a student is registered in a school, the school shall provide each parent who enrolls a child in the school a printed "Pledge of Parental Expectations" that the State Department of Education shall develop, in which a parent may affirmatively commit to meeting the expectations outlined in subsection (A). The school shall encourage parents to sign the pledge and emphasize its importance during any orientation or open house events. Any parent that elects not to sign the pledge may not be prohibited from participation in any parental groups within the school.

(C) The intent of this section is to foster parental involvement and shall not be construed as a mandate on parents that could subject them to retaliation or sanctions from teachers, schools, LEAs or the State Board of Education.