DOE; policies relating to instructional material that contains sexually explicit content.

Plain English Breakdown

The official source does not specify what happens if a school board’s policy is less strict than the model.

Department of Education Policies on Sexually Explicit Instructional Material

This act changes Virginia law to define what counts as instructional material that schools must notify parents about if it contains sexually explicit content, and ensures these policies do not allow for censorship or removal of books.

What This Bill Does

• Defines 'instructional material' as any material assigned by a teacher directly to students for an academic purpose.
• Clarifies that materials in school libraries are not considered instructional unless specifically required or assigned by a teacher.
• Requires the Department of Education to create model policies for schools to notify parents about sexually explicit content in assignments.
• Allows each school board to make their own policies, but they must be at least as strict as the Department's models.
• Ensures that these policies cannot be used to censor or remove books from public elementary and secondary schools.

Who It Names or Affects

• The Virginia Department of Education
• School boards in Virginia
• Teachers who assign instructional material
• Parents whose children receive assignments with sexually explicit content

Terms To Know

Instructional Material

Any material assigned by a teacher directly to students for an academic purpose.

Sexually Explicit Content

Content that includes explicit sexual material, as defined in another Virginia law.

Limits and Unknowns

• The bill does not specify what happens if a school board's policies are less strict than the Department of Education’s model.
• It is unclear how schools will enforce these new definitions and requirements.
• The act does not provide details on how parents can review or request alternatives to instructional material.

Official Summary Text

Department of Education; policies relating to instructional material that contains sexually explicit content; applicability; construction.
Amends current law requiring the Department of Education to develop model policies and each school board to adopt policies consistent with the Department's model policies for ensuring parental notification of any instructional material that includes sexually explicit content by (i) defining "instructional material" as any material, regardless of its format, assigned and provided to a student by a public school teacher directly for the completion of an assignment or curricular objective and clarifying that "instructional material" does not include any book or audiovisual material available in a public school library unless specifically required or assigned by a public school teacher directly for completion of an assignment or curricular objective and (ii) providing that nothing in the applicable law or any model policy or amendments thereto adopted by the Department or any policy or amendments thereto adopted by a school board pursuant to the applicable law shall be (a) construed to permit the censoring of books in any public elementary or secondary school or (b) utilized as a rationale or basis for the removal of books from any public elementary or secondary school. This bill is identical to HB 1499.

Current Bill Text

An Act to amend and reenact §
22.1-16.8
of the Code of Virginia, relating to Department of Education; policies relating to instructional material that contains sexually explicit content; applicability; construction.
Be it enacted by the General Assembly of Virginia:
1. That §
22.1-16.8
of the Code of Virginia is amended and reenacted as follows:
§
22.1-16.8
. Instructional material; sexually explicit content; parental notification.
A. As used in this section
, "sexually
:
"Instructional material" means any material, regardless of its format, assigned and provided to a student by a public school teacher directly for the completion of an assignment or curricular objective of a specific instructional program. "Instructional material" does not include any book or other audiovisual material available in any public school library unless such book or audiovisual material is specifically required or assigned by a public school teacher directly for completion of an assignment or curricular objective of a specific instructional program.
"Sexually
explicit content" has the same meaning as provided in subsection A of §
2.2-2827
.
B. The Department shall develop and make available to each school board model policies for ensuring parental notification of any instructional material that includes sexually explicit content and include information, guidance, procedures, and standards relating to:
1. Ensuring parental notification;
2. Directly identifying the specific instructional material and sexually explicit subjects; and
3. Permitting the parent of any student to review instructional material that includes sexually explicit content and provide, as an alternative, nonexplicit instructional material and related academic activities to any student whose parent so requests.
C. Each school board shall adopt policies that are consistent with but may be more comprehensive than the model policies developed by the Department pursuant to subsection B.
D. Nothing in this section, any model policy or amendments thereto adopted by the Department pursuant to subsection B, or any policy or amendments thereto adopted by a school board pursuant to subsection C shall be (i) construed to permit the censoring of books in any public elementary or secondary school or (ii) utilized as a rationale or basis for the removal of books from any public elementary or secondary school.