Present law prohibits an LEA or public charter school from including or promoting the following concepts as part of a course of instruction or in a curriculum or instructional program, or allowing teachers or other employees of the LEA or school to use supplemental instructional materials that include or promote the following concepts:
(1) One race or sex is inherently superior to another race or sex;
(2) An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;
(3) An individual should be discriminated against or receive adverse treatment because of the individual's race or sex;
(4) An individual's moral character is determined by the individual's race or sex;
(5) An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
(6) An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex;
(7) A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress members of another race or sex;
(8) This state or the United States is fundamentally or irredeemably racist or sexist;
(9) Promoting or advocating the violent overthrow of the United States government;
(10) Promoting division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people;
(11) Ascribing character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual's race or sex;
(12) The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups;
(13) All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness; or
(14) Governments should deny to any person within the government's jurisdiction the equal protection of the law.
If the commissioner of education finds that an LEA or public charter school knowingly violated the above provisions, then present law requires the commissioner to withhold state funds, in an amount determined by the commissioner, from the LEA or school until the LEA or school provides evidence of compliance.
COMPLAINTS
This bill authorizes an eligible complainant to file with an LEA or public charter school alleging a violation of promoting a prohibited concept. This bill requires an LEA or school that receives a complaint alleging a violation to review the complaint and determine whether the complaint is substantiated. This bill also requires an LEA or school to issue its determination, and rational for the determination, in writing. The written determination must meet the following criteria:
(1) Be disclosed to the eligible complainant and to the individual alleged to have engaged in conduct constituting a violation;
(2) Be published on the LEA's or public charter school's website; and
(3) Comply with applicable privacy laws.
This bill authorizes an eligible complainant, or the individual alleged to have engaged in conduct constituting a violation, to appeal the LEA's or school's determination to the department of education. The department is required to review an appeal and determine whether to uphold or overturn the LEA's or school's determination. This bill also requires the department to issue a written determination that includes its rationale for upholding or overturning the LEA's or school's determination. The department's determination must also meet the criteria in (1)-(3) above.
RULEMAKING
This bill requires the department to promulgate rules to effectuate this bill.

Statutes affected:
Introduced: 49-6-1019