Prohibiting pornography in schools.

23LSO-0098
2023
STATE OF WYOMING
23LSO-0098
Numbered
2.0

HOUSE BILL NO. HB0220

Prohibiting pornography in schools.

Sponsored by: Representative(s) Hornok, Banks, Bear, Davis, Haroldson, Jennings, Locke, Niemiec, O'Hearn, Ottman, Pendergraft, Rodriguez-Williams, Slagle and Smith and Senator(s) Ide

A BILL

for

AN ACT relating to education; prohibiting sensitive materials in schools; specifying duties for the boards of trustees in school districts and the state board of education relating to sensitive materials; defining terms; making conforming amendments; requiring reports; requiring rulemaking; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
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W.S. 21
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3
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134 is created to read:

21
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3
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134.

Sensitive materials in schools prohibited.

(a)

As used in this section:

(i)

"Charter school" means a charter school within a school as defined by W.S. 21
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3
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302(a)(i), a converted charter school as defined by W.S. 21
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3
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302(a)(ii) and a new charter school or charter school as defined by W.S. 21
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3
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302(a)(iv);

(ii)

"Instructional material" means any material, regardless of format, used as or in place of textbooks to deliver curriculum and content for study by students or to otherwise support a student's learning. "Instructional material" includes but is not limited to reading materials, handouts, videos, digital materials, websites, online applications and presentations;

(iii)

"Sensitive material" means an instructional material that is pornographic or indecent material that conforms with the definition of obscenity in W.S. 6-4-301. "Sensitive material" shall not include instructional materials for courses related to health, healthcare or family and consumer sciences and shall not include any course that the state board exempts by rule.

(b)

No school district or charter school shall:

(i)

Authorize or allow any sensitive materials in any school of the district;

(ii)

Permit a speaker or presenter in any school to display or distribute sensitive materials;

(iii)

Adopt, use, distribute, provide a student access to or maintain sensitive materials in any school.

(c)

Any school district or charter school receiving a complaint that an instructional material violates this section shall forward the complaint to the state board for review and resolution in accordance with rules promulgated under W.S. 21
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2
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304(b)(xix).

(d)

Not later than October 1, 2023 and each October 1 thereafter, the state board shall report to the joint education interim committee on the following:

(i)

Any rule or policy adopted, amended or repealed to implement or comply with this section;

(ii)

All complaints that the state board and each school district and charter school received regarding a violation of this section;

(iii)

Any action taken in response to complaints reported under paragraph (ii) of this subsection;

(iv)

If a school district retains an instructional material for which the school district or state board receives a complaint, the school district's rationale for retaining the instructional material for use.

Section 2.

W.S. 21
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2
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304(b) by creating new paragraphs (xviii) and (xix), 21
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110(a) by creating a new paragraph (xl) and 21
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3
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304(g) by creating a new paragraph (iv) are amended to read:

21
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2
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304.

Duties of the state board of education.

(b)

In addition to subsection (a) of this section and any other duties assigned to it by law, the state board shall:

(xviii)

In consultation with the attorney general, provide guidance and training to support school districts in identifying instructional materials that are sensitive materials as defined by W.S. 21
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3
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134(a)(iii);

(xix)

Promulgate rules to specify indecent or pornographic material and to receive and resolve complaints regarding violations of W.S. 21
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3
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134.

21
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3
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110.

Duties of boards of trustees.

(a)

The board of trustees in each school district shall:

(xl)

Ensure that all instructional materials comply with the requirements of W.S. 21
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3
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134.

21
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3
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304.

Charter school; requirements; authority.

(g)

A charter school may operate free from specified school district policies and state regulations. Pursuant to contract, a school district may waive locally imposed school district requirements, without seeking approval of the state board. The state board may waive state statutory requirements or rules promulgated by the state board, except that the state board shall not waive any statute or rule relating to the assessments or standards required to be administered. Upon request of the charter applicant, the state board shall provide summaries of such regulations and policies to use in preparing a charter school application. The department of education shall prepare the summary of state regulations within existing appropriations. Any waiver of state or local school district regulations made pursuant to this subsection shall be for the term of the charter for which the waiver is made, except that a waiver of state statutes or regulations by the state board shall be subject to review every two (2) years and may be revoked if the waiver is deemed no longer necessary by the state board. Nothing in this subsection shall be deemed to exempt the charter school from:

(iv)

Complying with the requirements of W.S. 21
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3
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134.

Section 3
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This act is effective July 1, 2023
.

(END)

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HB0220