2022 -- H 7335

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LC004458

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- THE 2022 TRANSPARENCY IN EDUCATION

CURRICULUM MATERIALS ACT

     

     Introduced By: Representative P Morgan

     Date Introduced: February 04, 2022

     Referred To: House Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

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adding thereto the following chapter:

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CHAPTER 112

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THE 2022 TRANSPARENCY IN EDUCATION CURRICULUM MATERIALS ACT

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     16-112-1. Purpose.

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     Public education is a fundamental responsibility of the state. The purpose of this chapter is

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to ensure public transparency in the instructional, training, and learning materials of schools, and

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to give parents, students, and the general public reasonable access to review such materials.

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     16-112-2. Definitions.

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     As used in this chapter, the following terms shall have the following meanings, unless

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another meaning is clearly indicated by the context.

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     (1) "Activities" include, but are not limited to, assemblies, guest lectures, or other

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educational events facilitated by the institution's faculty or staff, including those conducted by

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outside individuals or organizations, excluding student presentations.

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     (2) "Learning materials" include, but are not limited to, the following: all textbooks,

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reading materials, videos, activities, digital materials, websites, posters, bulletin board materials

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and other online applications.

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     (3) "Original materials" means learning materials created, owned or licensed by the school

 

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district, school, faculty, or staff that are used for student instruction.

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     (4) "Used for student instruction" means assigned, distributed, or otherwise presented to

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students in any course for which students receive academic credit, or in any educational capacity

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in which participation of the student body is required by the school or in which a majority of

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students in a given grade level participate or in any extracurricular club or activity. This term also

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applies to any materials from among which students are required to select one or more options, if

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the available selection is restricted to specific titles.

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     16-112-3. Transparency in training and curriculum.

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     (a) The governing body of a public school including, but not limited to, public charter

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schools and so-called traditional public schools, shall ensure that the following is displayed and

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posted on the school website in an easily accessible location:

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     (1) All instructional or training materials, or activities, used for staff and faculty training,

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including, but not limited to, any procedures for the documentation, review, or approval of the

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training, learning, or curricular materials used for staff and faculty training or student instruction at

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the school, including by the principal, curriculum administrators, or other teachers.

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     (2) All learning or curricular materials, or activities, used for student instruction, including

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teacher manuals. Such display of materials or activities shall identify, at a minimum:

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     (i) The title, author, organization, and any website associated with each material and

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activity;

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     (ii) A link to the learning material, if publicly available on the Internet or if not freely and

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publicly available, a brief description of the learning material and information on how to request

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review, of a copy of the learning material and a copy to be made available for review in the school

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library on request; and

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     (iii) If the learning material was created for non-public use, the identity of the teacher, staff

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member, school official, or outside presenter who created it. Such identification may be indicated

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by a personal title and last initial if referring to a teacher, staff member, or school official.

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     (b) The information required by subsection (a) of this section shall be: accessible from the

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institution's Internet website home page by use of not more than three (3) links; searchable by

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keywords and phrases; and accessible to the public without requiring registration or use of a

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username, a password, or any user identification.

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     (c) The information required by subsection (a) of this section shall be displayed online prior

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to the first instance of training or instruction or at the latest, seven (7) days after the training or

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instruction. Such information shall be organized by school, grade, teacher, and subject, and remain

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displayed on the school website for at least two (2) years.

 

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     (d) To prepare and host the listing of materials and activities pursuant to subsection (a) of

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this section, a school may, but is not required to, utilize a collaborative online document or

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spreadsheet software that allows multiple authorized users to update or make additions to posted

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content on an ongoing basis, as long as a link to the listing is publicly accessible via the school

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website.

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     (e) All instructional materials for the required instruction shall be reviewed and approved

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prior to first use, and at least once every two (2) years thereafter, by the local education authority

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in consultation with parents, educators, and others regarding the accuracy and suitability of the

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materials.

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     16-112-4. Compliance.

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     (a) Each public school and charter school shall designate an administrator to be responsible

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for ensuring the implementation of this section. The administrator may assign duties under this

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section to one or more administrative employees.

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     (b) Each public school and charter school shall update the list of curricular, training and

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learning material at least twice each school year. Annually, a governing body of the public school

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or public charter school shall do one update by the beginning of the school term, and one update

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by January 15. A school board shall notify parents and guardians that the list has been updated by

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posting notice on the school board's Internet site and providing notice in a newsletter or other

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written communication that is distributed to parents and guardians.

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     (c) Not later than January 1 of each year, each public school and charter school shall make

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available to the public on the institution's Internet site a written report regarding the institution's

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compliance with this section.

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     16-112-5. Oversight and remedies.

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     (a) The attorney general, the commissioner of elementary and secondary education, or a

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resident of the school district in which an alleged violation of this chapter occurs may initiate a suit

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in the superior court in the jurisdiction in which the school district, public school, public charter

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school, or other governmental entity responsible for the oversight of public secondary or

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elementary schools is located, for the purpose of complying with this chapter.

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     (b) Legal counsel acting on behalf of a school district, public school, public charter school,

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or governmental entity responsible for the oversight of public secondary or elementary schools may

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request a legal opinion from the attorney general as to whether a particular piece of training,

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learning, or curricular material should be displayed on the school website pursuant to this chapter.

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     (c) Upon the filing of a complaint, the superior court in which the public school resides has

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jurisdiction to order the production of any learning materials or other materials or activities, as

 

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specified in this chapter, improperly withheld from the complainant. In such a case, the court shall

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determine the matter de novo, and may examine the contents of such materials in camera to

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determine whether such materials or any part thereof shall be withheld. The court may assess

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against the governing body of the public school reasonable attorney fees and other litigation costs

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reasonably incurred in any case under this section in which the complainant has substantially

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prevailed. Violations of this chapter shall be subject to a civil fine of five hundred dollars ($500)

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for each instance of a violation.

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     (d) In the event of noncompliance with the order of the court, the court may punish for

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contempt the responsible official or employee. Courts should not entertain complaints under this

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subsection unless complainants have first attempted to remedy the noncompliance by contacting

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school officials and the school's governing body.

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     16-112-6. Copyright compliance.

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     Nothing in this chapter shall be construed to require the digital reproduction or posting of

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copies of the learning materials themselves, where such reproduction would infringe upon

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copyrighted material; provided, however, that in such cases, the school should offer a link to a

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publicly available website describing and offering access to the learning materials, if possible; and

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upon request, if the materials are not offered free of charge, provide the learning materials for public

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inspection, as required under this chapter, at the school building where the learning materials or

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activities are used for student instruction, no later than thirty (30) days after requested. To the extent

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practicable, each school shall make any and all learning materials, including original materials,

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available for public inspection and allow the public to copy, scan, duplicate, or photograph portions

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of original materials within the limits of "fair use" under the Copyright Act of 1976. 17 U.S.C. ยง

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107.

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     16-112-7. Severability.

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     The provisions of this chapter are hereby declared to be severable. If any provision of this

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chapter or the application thereof to any person or circumstance is declared or held to be invalid

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for any reason, such declaration or holding shall not affect the validity of the remaining portions of

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this chapter and the application of its provisions to any other persons or circumstances, and to this

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end the provisions of this chapter are declared to be severable.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- THE 2022 TRANSPARENCY IN EDUCATION

CURRICULUM MATERIALS ACT

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     This act would create the 2022 Transparency in Education Curriculum Materials Act,

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requiring the governing body of a public school to ensure that all instructional or training materials

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used for faculty and staff training, as well as all learning or curricular materials used for student

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instruction, be displayed on the school's website in an easily accessible location.

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     This act would take effect upon passage.

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