Relating to the dissemination of certain specified materials, including the prohibition of certain specified materials in schools and civil actions to determine obscenity, modifying the responsibilities of the department of education, and providing civil penalties

The bill prohibits an administrator or teacher from knowingly providing obscene material to a student in a library operated by the school, in a school classroom, or in any other area on school property. The bill also prohibits an administrator or teacher from knowingly providing hard-core pornography to a student in a library operated by the school, in a school classroom, or in any other area on school property. Additionally, the bill 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 requires the board of educational examiners (BOEE) to adopt rules that require the BOEE to disqualify an applicant for a license or to revoke a person’s license for a violation of these provisions. The bill provides that if the administrator or teacher who violates these provisions is a member of the board of directors of a school district, the administrator’s or teacher’s membership on the board shall be vacated. The bill authorizes a parent or guardian of a student alleging a violation of the bill’s provisions to bring a civil action for damages or 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 less than $5,000 plus an additional $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 the administrator’s or teacher’s violation relates to obscene material, the court is required to order the school to pay not less than $10,000 in damages to the parent or guardian. The bill also provides that if the administrator’s or teacher’s violation relates to hard-core pornography, the court is required to order the school to pay not less than $20,000 in damages to the parent or guardian. 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 BOEE, the attorney general, and 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 provides that a parent or guardian who was the prevailing party in the civil action may bring a civil action for damages against the school that employs the administrator or teacher if the administrator or teacher violates the injunction. The bill requires the clerk of court to send a copy of the court’s order issued pursuant to the proceedings related to the violation of the injunction, and a copy of the law, by certified mail to the BOEE. The bill also provides that if the parent or guardian is the prevailing party in these proceedings, the court shall award the parent or guardian actual damages for injuries resulting from the administrator’s or teacher’s initial violation of the bill’s provisions and a civil penalty not less than $20,000 plus an additional $1,000 per day for each day the administrator’s or teacher’s violation of the injunction continues. The bill waives immunity for charter schools and school districts in any cause of action brought against those entities under the bill. The bill requires the BOEE to suspend the license of an administrator or a teacher upon the BOEE’s finding by a preponderance of the evidence that the administrator or teacher violated an injunction. The bill requires the board of directors of each school district, the authorities in charge of each accredited nonpublic school, and the governing board of each charter school to notify the department of education that the board of directors, the authorities, or the governing board has removed a book from a library operated by the school, a classroom, or any area on school property because the board of directors, the authorities, or the governing board determined that the book constituted or contained hard-core pornography or obscene material. The bill also requires the department to develop and make available on the department’s internet site a comprehensive list of all of these notifications and update the list at least once each month. Additionally, the bill requires a school to remove a book that is on the list maintained by the department from any library operated by the school, a classroom, or any area on school property. The bill authorizes a county attorney or the attorney general to institute criminal or civil actions to enforce the provisions of the bill. The bill provides that a county attorney’s or the attorney general’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 provisions has occurred. Current law authorizes a county attorney to institute a civil proceeding to enjoin the dissemination or exhibition of obscene material to minors when the county attorney has reasonable cause to believe that any person is engaged or plans to engage in the dissemination or exhibition of obscene material within the county attorney’s county to minors. The bill establishes that the attorney general may institute such civil proceedings as well. 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 prohibits the board of directors of a school district, the authorities in charge of an accredited nonpublic school, and the governing board of a charter school from using any standards or guidance developed by the American library association when determining whether to acquire a book for a school library or remove a book from a school library. The bill provides that the board of directors of a school district, the authorities in charge of an accredited nonpublic school, and the governing board of a charter school shall not allow a student serving on any committee that determines, or provides recommendations related to, whether a material in a library operated by the school should be removed to view the material being considered for removal if the material is being considered for removal because it may constitute or contain hard-core pornography or obscene material. The bill contains definitions for “administrator”, “hard-core pornography”, “provides”, “school”, “student”, and “teacher”.