CSSB 196(JUD): "An Act relating to transparency and compelled speech in public education."
00 CS FOR SENATE BILL NO. 196(JUD) 01 "An Act relating to transparency and compelled speech in public education." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 14.18.070 is amended to read: 04 Sec. 14.18.070. Affirmative action. The board shall establish procedures for 05 affirmative action programs covering both equal employment and equal educational 06 opportunity to be implemented by all school districts and regional educational 07 attendance areas determined by the board not to be in compliance with AS 14.18.010 - 08 14.18.110 [THIS CHAPTER]. 09 * Sec. 2. AS 14.18.080(b) is amended to read: 10 (b) The Board of Regents shall adopt rules under AS 14.40.170(b)(1) to 11 implement AS 14.18.010 - 14.18.110 [THIS CHAPTER]. 12 * Sec. 3. AS 14.18.100(b) is amended to read: 13 (b) A person aggrieved by a violation of AS 14.18.010 - 14.18.110 [THIS 14 CHAPTER] or of a regulation or procedure adopted under AS 14.18.010 - 14.18.110 15 [THIS CHAPTER] as to postsecondary education has an independent right of action in
01 superior court for civil damages and for such equitable relief as the court may 02 determine. 03 * Sec. 4. AS 14.18.110 is amended to read: 04 Sec. 14.18.110. Effect [OF CHAPTER]. AS 14.18.010 - 14.18.110 [THIS 05 CHAPTER] is supplementary to and does not supersede existing laws relating to 06 unlawful discrimination based on sex or race. 07 * Sec. 5. AS 14.18 is amended by adding new sections to read: 08 Article 2. Transparency and Compelled Speech in Public Education. 09 Sec. 14.18.150. Transparency. (a) A public school, including a charter school 10 authorized under AS 14.03.250 - 14.03.290, shall display on the school's website in an 11 easily accessible location all 12 (1) training material used for teacher and other staff training on 13 nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, bias, or another 14 concept that includes one or more of those concepts; 15 (2) instructional or curricular material that primarily addresses 16 nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, bias, or another 17 concept that includes one or more of those concepts; and 18 (3) school procedures, including procedures used by the principal or 19 teachers, for documentation, review, or approval of training, instructional, or 20 curricular material used for teacher and other staff training or student instruction. 21 (b) A public school website display required by (a) of this section must 22 include, for all instructional material included in the display, 23 (1) the title and author of the material and any organization or website 24 associated with the material; 25 (2) a brief description of the material; 26 (3) a link to the material, if publicly available, or instructions for 27 requesting a copy of the material; and 28 (4) if a teacher created the material, the identity of the teacher. 29 (c) A public school shall regularly update the school's website display required 30 by (a) and (b) of this section and shall add new training, instructional, and curricular 31 material to the display before the first use of the material. The school shall retain
01 information about training, instructional, and curricular material for at least two years 02 after the completion of the course. 03 (d) This section does not require a school to digitally reproduce or post a copy 04 of instructional material if the reproduction or copying is prohibited by copyright. 05 Sec. 14.18.160. Prohibiting compelled speech. (a) Instruction in a public 06 school must be carried out in accordance with the following: a state agency, school 07 district's governing body, charter school, or public school 08 (1) may allow a teacher, administrator, or other employee to include in 09 a course or award course grading, credit, or extra credit for political activism, lobbying 10 or efforts to persuade members of the executive or legislative branch at the local, state, 11 or federal level to take specific action, or any practicum or similar activity involving 12 social or public policy advocacy, if the teacher, administrator, or other employee does 13 not direct or otherwise compel a student or a teacher, administrator, or other employee 14 to affirm, adopt, or adhere to a specific belief or concept; 15 (2) may not direct or otherwise compel a student or a teacher, 16 administrator, or other employee to affirm, adopt, or adhere to the belief or concept 17 that 18 (A) the United States or the state is fundamentally or 19 irredeemably racist or sexist; 20 (B) an individual, by virtue of sex, race, ethnicity, religion, 21 color, or national origin, is, consciously or unconsciously, inherently racist, 22 sexist, or oppressive; 23 (C) an individual, by virtue of sex, race, ethnicity, religion, 24 color, or national origin, is blameworthy for actions committed in the past by 25 other members of the same sex, race, ethnicity, religion, color, or national 26 origin; 27 (D) an individual's moral character is necessarily determined, 28 in whole or in part, by the individual's sex, race, ethnicity, religion, color, or 29 national origin; 30 (E) a sex, race, ethnicity, religion, color, or national origin is 31 inherently superior or inferior; or
01 (F) an individual should be adversely treated based on sex, 02 race, ethnicity, religion, color, or national origin; 03 (3) may not use public funds to contract with, hire, or otherwise 04 engage a speaker, consultant, diversity trainer, or other person to 05 (A) direct or otherwise compel a student or a teacher, 06 administrator, or other employee to affirm, adopt, or adhere to a belief or 07 concept described in (2) of this subsection; or 08 (B) advocate a concept described in (2) of this subsection 09 unless the state agency, school district's governing body, charter school, or 10 public school 11 (i) expressly clarifies that the state agency, school 12 district's governing body, charter school, or public school does not 13 sponsor, approve, or endorse the concept; and 14 (ii) provides students and teachers, administrators, and 15 other employees the opportunity to opt out of any speech, training, or 16 session; 17 (4) may not require a student or a teacher, administrator, or other 18 employee to attend or participate in a training, a seminar, continuing education, an 19 orientation, or therapy that promotes a concept described in (2) of this subsection. 20 (b) This section does not prohibit 21 (1) speech protected by the Constitution of the State of Alaska or the 22 Constitution of the United States; 23 (2) voluntary, uninduced, and uncoerced attendance or participation by 24 a student or a teacher, administrator, or other employee in a training, a seminar, 25 continuing education, an orientation, or therapy that promotes a concept described in 26 (a)(2) of this section; 27 (3) providing an individual, for research or independent study 28 purposes, access to sources that advocate a concept described in (a)(2) of this section; 29 or 30 (4) educational in-school discussion of, or assignment of material that 31 incorporates, the concepts described in (a)(2) of this section so long as the school
01 clarifies that the school does not sponsor, approve, or endorse the concepts or material. 02 (c) In this section, 03 (1) "school district" means a borough school district, a city school 04 district, a regional educational attendance area, a state boarding school, and the state 05 centralized correspondence study program; 06 (2) "state agency" means a department, office, agency, state board, 07 commission, public corporation, or other organizational unit of or created under the 08 executive branch of state government. 09 Sec. 14.18.190. Definitions. In AS 14.18.150 - 14.18.190, "public school" 10 does not include the University of Alaska or another postsecondary institution.