Relating to the prohibition of certain specified materials in schools and school libraries and providing penalties

The bill also prohibits a teacher from knowingly requiring a student to read or view obscene material or hard-core pornography as part of the teacher’s instructional program or curriculum. The bill provides that an administrator or teacher who violates either of these provisions is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. The bill requires the board of educational examiners to adopt rules that require the board to disqualify an applicant for a license or to revoke a person’s license for a violation of either of these provisions. The bill authorizes a parent or guardian of a student alleging a violation of the bill’s provisions to bring a civil action for injunctive relief against the school that employs an administrator or teacher in violation of the bill. The bill requires a court to award reasonable attorney fees to a parent or guardian who prevails in this civil action. The bill provides that if a parent or guardian is the prevailing party in the civil action, the court shall assess a civil penalty against the school that employs the administrator or teacher, not to exceed $500 per day for each day a violation occurs during the pendency of the civil action, unless certain limited exceptions apply. The bill requires revenue from the civil penalty to be remitted to the treasurer of state for deposit in the general fund of the state. The bill provides that if a parent or guardian is the prevailing party in the civil action, the clerk of court shall send a copy of the court’s order and a copy of the law by certified mail to the county attorney of the county in which the school that employs the administrator or teacher who violated the bill’s provisions is located. The bill requires the county attorney of the county in which the school is located to file a criminal action against the administrator or teacher in violation of the bill within days of the county attorney’s receipt of information that provides the county attorney with probable cause that a violation of the bill’s provisions has occurred. The bill provides that the county attorney’s receipt of a copy of a court’s injunctive order provided by the clerk of court along with subsequent information that a violation of the bill’s provisions is continuing to occur shall constitute probable cause that a violation of the bill’s criminal provision has occurred. The bill provides that if a county attorney fails to file a criminal action on behalf of the state within days of the receipt of information that provides the county attorney with probable cause that a violation of the bill’s provisions has occurred, the parent or guardian of the student who was injured by the violation may bring a civil action for damages against the county attorney. Additionally, the bill provides that the damages shall include both actual damages and a penalty not less than $1,000 per day for each day the county attorney fails to file a criminal action. The bill waives immunity for a county attorney in any cause of action brought against a county attorney under the bill. Current law provides that Code chapter 728 does not prohibit the use of appropriate material for educational purposes in any accredited school, public library, or educational program in which the minor is participating, and does not prohibit the attendance of minors at an exhibition or display of art works or the use of any materials in any public library. The bill provides that, for purposes of this provision, appropriate material does not include obscene material or hard-core pornography. The bill contains definitions for “administrator”, “hard-core pornography”, “school”, “student”, and “teacher”.4 (rental or sale of hard-core pornography).