Bill Text: IA SF305 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act 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.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2023-02-22 - Subcommittee: Evans, Quirmbach, and Sinclair. S.J. 393. [SF305 Detail]
Download: Iowa-2023-SF305-Introduced.html
Senate
File
305
-
Introduced
SENATE
FILE
305
BY
SALMON
,
ALONS
,
WESTRICH
,
GREEN
,
EVANS
,
DE
WITT
,
GUTH
,
and
LOFGREN
A
BILL
FOR
An
Act
relating
to
the
dissemination
of
certain
specified
1
materials,
including
the
prohibition
of
certain
specified
2
materials
in
schools
and
civil
actions
to
determine
3
obscenity,
modifying
the
responsibilities
of
the
department
4
of
education,
and
providing
civil
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
256.9,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
66.
Develop
and
make
available
on
the
3
department’s
internet
site
a
comprehensive
list
of
all
4
notifications
received
pursuant
to
section
280.35,
subsection
5
6,
sortable
by
the
book’s
title
and
author,
and
the
school
6
districts,
accredited
nonpublic
schools,
or
charter
schools
7
that
have
removed
the
book
from
libraries
operated
by
the
8
school
district,
accredited
nonpublic
school,
or
charter
school
9
or
from
classrooms
or
any
areas
on
school
district,
accredited
10
nonpublic
school,
or
charter
school
property.
The
department
11
shall
update
the
list
at
least
once
each
month.
12
Sec.
2.
Section
256E.7,
subsection
2,
Code
2023,
is
amended
13
by
adding
the
following
new
paragraphs:
14
NEW
PARAGRAPH
.
0j.
Be
subject
to
and
comply
with
section
15
280.33
relating
to
the
prohibition
on
the
use
of
standards
or
16
guidance
developed
by
the
American
library
association
when
17
determining
whether
to
acquire
a
book
for
a
school
library
or
18
remove
a
book
from
a
school
library
in
the
same
manner
as
a
19
school
district.
20
NEW
PARAGRAPH
.
00j.
Be
subject
to
and
comply
with
section
21
280.34
relating
to
students
serving
on
committees
that
22
determine,
or
provide
recommendations
related
to,
whether
a
23
material
in
a
school
library
should
be
removed
because
it
may
24
constitute
or
contain
hard-core
pornography
or
obscene
material
25
in
the
same
manner
as
a
school
district.
26
NEW
PARAGRAPH
.
000j.
Be
subject
to
and
comply
with
section
27
280.35
relating
to
prohibitions
on
the
provision
of
obscene
28
material
and
hard-core
pornography
in
the
same
manner
as
a
29
school
district.
30
Sec.
3.
Section
272.2,
subsection
14,
paragraph
b,
31
subparagraph
(1),
Code
2023,
is
amended
by
adding
the
following
32
new
subparagraph
division:
33
NEW
SUBPARAGRAPH
DIVISION
.
(0g)
Providing
obscene
34
material
or
hard-core
pornography
to
students
in
a
school
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library,
classroom,
or
any
other
area
on
school
property,
1
or
requiring
a
student
to
read
or
view
obscene
material
or
2
hard-core
pornography
under
section
280.35.
For
purposes
of
3
this
subparagraph
division,
“obscene
material”
and
“hard-core
4
pornography”
mean
the
same
as
defined
in
section
728.1.
5
Sec.
4.
Section
272.2,
subsection
14,
Code
2023,
is
amended
6
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
f.
The
board
shall
suspend
the
license
of
8
an
administrator
or
a
teacher
upon
the
board’s
finding
by
a
9
preponderance
of
evidence
that
the
administrator
or
teacher
10
violated
an
injunction
entered
pursuant
to
section
280.35,
11
subsection
4.
12
Sec.
5.
Section
277.29,
Code
2023,
is
amended
to
read
as
13
follows:
14
277.29
Vacancies.
15
Failure
to
elect
at
the
proper
election
or
to
appoint
within
16
the
time
fixed
by
law
or
the
failure
of
the
officer
elected
17
or
appointed
to
qualify
within
the
time
prescribed
by
law;
18
the
incumbent
ceasing
for
any
reason
to
be
a
resident
of
19
the
district
or
removing
residence
from
the
subdistrict;
the
20
resignation
or
death
of
the
incumbent
or
of
the
officer-elect;
21
the
removal
of
the
incumbent
from,
or
forfeiture
of,
the
22
office,
or
the
decision
of
a
competent
tribunal
declaring
the
23
office
vacant;
the
conviction
of
the
incumbent
of
a
felony,
as
24
defined
in
section
701.7
,
a
violation
of
section
280.35,
or
of
25
any
public
offense
involving
the
violation
of
the
incumbent’s
26
oath
of
office,
shall
constitute
a
vacancy.
27
Sec.
6.
NEW
SECTION
.
280.33
School
library
materials
——
28
prohibitions.
29
The
board
of
directors
of
a
school
district
and
the
30
authorities
in
charge
of
an
accredited
nonpublic
school
shall
31
not
use
any
standards
or
guidance
developed
by
the
American
32
library
association
when
determining
whether
to
acquire
a
book
33
for
a
library
operated
by
the
school
district
or
accredited
34
nonpublic
school
or
remove
a
book
from
a
library
operated
by
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the
school
district
or
accredited
nonpublic
school.
1
Sec.
7.
NEW
SECTION
.
280.34
Library
materials
review
2
committee.
3
1.
For
purposes
of
this
section:
4
a.
“Hard-core
pornography”
means
the
same
as
defined
in
5
section
728.1.
6
b.
“Obscene
material”
means
the
same
as
defined
in
section
7
728.1.
8
2.
The
board
of
directors
of
a
school
district
and
the
9
authorities
in
charge
of
an
accredited
nonpublic
school
shall
10
not
allow
a
student
serving
on
any
committee
that
determines,
11
or
provides
recommendations
related
to,
whether
a
material
in
a
12
library
operated
by
the
school
district
or
accredited
nonpublic
13
school
should
be
removed
to
view
the
material
being
considered
14
for
removal
if
the
material
is
being
considered
for
removal
15
because
it
may
constitute
or
contain
hard-core
pornography
or
16
obscene
material.
17
Sec.
8.
NEW
SECTION
.
280.35
Obscene
material
and
hard-core
18
pornography
in
schools
and
school
libraries.
19
1.
As
used
in
this
section,
unless
the
context
otherwise
20
requires:
21
a.
“Administrator”
means
and
includes
a
school
22
superintendent,
assistant
superintendent,
educational
23
director,
principal,
assistant
principal,
and
other
24
individuals
authorized
to
assist
in
performing
noninstructional
25
administrative
duties.
26
b.
“Hard-core
pornography”
means
the
same
as
defined
in
27
section
728.1.
28
c.
“Obscene
material”
means
the
same
as
defined
in
section
29
728.1.
30
d.
“Provides”
means
to
make
available
for
a
student
to
31
use
or
to
supply
to
a
student.
“Provides”
includes
placing
a
32
material,
or
causing
a
material
to
be
placed,
in
a
school
or
in
33
a
library
operated
by
a
school
where
a
student
could
reasonably
34
be
expected
to
find
the
material
or
observe
the
material.
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e.
“School”
means
and
includes
all
of
the
following:
1
(1)
A
charter
school
established
in
accordance
with
chapter
2
256E.
3
(2)
A
nonpublic
school
as
that
term
is
defined
in
section
4
280.2.
5
(3)
A
public
school
district
as
described
in
chapter
274.
6
f.
“Student”
means
an
individual
who
is
enrolled
in
and
7
attending
a
school
in
kindergarten
through
grade
twelve.
8
g.
“Teacher”
means
the
same
defined
in
section
272.1.
9
“Teacher”
includes
a
qualified
teacher
librarian
licensed
by
the
10
board
of
educational
examiners.
11
2.
A
school
shall
designate
at
least
one
administrator
to
12
ensure
that
no
obscene
material
or
hard-core
pornography
is
13
present
and
available
to
students
in
a
library
operated
by
the
14
school,
in
school
classrooms,
or
in
any
other
areas
on
school
15
property.
16
3.
a.
(1)
An
administrator
shall
not
knowingly
provide
17
obscene
material
to
a
student
in
a
library
operated
by
the
18
school,
in
a
school
classroom,
or
in
any
other
area
on
school
19
property.
20
(2)
A
teacher
shall
not
knowingly
provide
obscene
material
21
to
a
student
in
a
library
operated
by
the
school,
in
a
school
22
classroom,
or
in
any
other
area
on
school
property.
23
b.
(1)
An
administrator
shall
not
knowingly
provide
24
hard-core
pornography
to
a
student
in
a
library
operated
by
the
25
school,
in
a
school
classroom,
or
in
any
other
area
on
school
26
property.
27
(2)
A
teacher
shall
not
knowingly
provide
hard-core
28
pornography
to
a
student
in
a
library
operated
by
the
school,
29
in
a
school
classroom,
or
in
any
other
area
on
school
property.
30
c.
A
teacher
shall
not
knowingly
require
a
student
to
read
31
or
view
obscene
material
as
part
of
the
teacher’s
instructional
32
program
or
curriculum.
33
d.
A
teacher
shall
not
knowingly
require
a
student
to
34
read
or
view
hard-core
pornography
as
part
of
the
teacher’s
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instructional
program
or
curriculum.
1
4.
a.
A
parent
or
guardian
of
a
student
alleging
a
2
violation
of
subsection
3
by
an
administrator
or
teacher
3
may
bring
a
civil
action
for
damages
and
injunctive
relief
4
against
the
school
that
employs
the
administrator
or
teacher
5
to
prohibit
the
administrator
or
teacher
from
continuing
such
6
violation.
7
b.
If
a
parent
or
guardian
is
the
prevailing
party
in
a
8
civil
action
instituted
pursuant
to
paragraph
“a”
,
all
of
the
9
following
shall
apply:
10
(1)
The
court
shall
award
reasonable
attorney
fees
to
the
11
parent
or
guardian.
12
(2)
The
court
shall
assess
a
civil
penalty
against
the
13
school
that
employs
the
administrator
or
teacher,
not
less
than
14
five
thousand
dollars
plus
an
additional
five
hundred
dollars
15
per
day
for
each
day
a
violation
occurs
during
the
pendency
16
of
the
civil
action.
However,
the
court
shall
not
assess
the
17
additional
civil
penalty
provided
in
this
subparagraph
for
a
18
violation
of
subsection
3,
paragraph
“a”
,
if
the
administrator
19
or
teacher,
or
the
school
that
employs
the
administrator
or
20
teacher,
removes
the
obscene
material
from
the
library
operated
21
by
the
school,
school
classroom,
or
any
other
area
on
school
22
property
during
the
pendency
of
the
civil
action.
Revenue
23
from
the
civil
penalty
provided
in
this
subparagraph
shall
be
24
remitted
to
the
treasurer
of
state
for
deposit
in
the
general
25
fund
of
the
state.
26
(3)
In
the
case
of
a
violation
of
subsection
3,
paragraphs
27
“a”
or
“c”
,
the
court
shall
order
the
school
that
employs
the
28
administrator
or
teacher
to
pay
not
less
than
ten
thousand
29
dollars
in
damages
to
the
parent
or
guardian.
30
(4)
In
the
case
of
a
violation
of
subsection
3,
paragraphs
31
“b”
or
“d”
,
the
court
shall
order
the
school
that
employs
the
32
administrator
or
teacher
to
pay
not
less
than
twenty
thousand
33
dollars
in
damages
to
the
parent
or
guardian.
34
(5)
The
clerk
of
court
shall
send
a
copy
of
the
court’s
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order
issued
pursuant
to
paragraph
“a”
and
a
copy
of
this
1
section
by
restricted
certified
mail,
return
receipt
requested,
2
to
the
board
of
educational
examiners,
the
attorney
general,
3
and
the
county
attorney
of
the
county
in
which
the
school
that
4
employs
the
administrator
or
teacher
in
violation
of
subsection
5
3
is
located.
6
5.
A
parent
or
guardian
who
was
the
prevailing
party
in
7
a
civil
action
instituted
pursuant
to
subsection
4
may
bring
8
a
civil
action
for
damages
against
the
school
that
employs
9
the
administrator
or
teacher
if
the
administrator
or
teacher
10
violates
an
injunction
issued
pursuant
to
subsection
4.
If
a
11
parent
or
guardian
is
the
prevailing
party
in
a
civil
action
12
instituted
pursuant
to
this
subsection,
the
clerk
of
court
13
shall
send
a
copy
of
the
court’s
order
issued
pursuant
to
this
14
subsection
and
a
copy
of
this
section
by
restricted
certified
15
mail,
return
receipt
requested,
to
the
board
of
educational
16
examiners.
Damages
awarded
pursuant
to
this
subsection
shall
17
include
all
of
the
following:
18
a.
Actual
damages
for
injuries
resulting
from
the
19
administrator’s
or
teacher’s
initial
violation
of
subsection
20
3
and
the
administrator’s
or
teacher’s
violation
of
the
21
injunction.
22
b.
A
penalty
in
an
amount
determined
by
the
court,
but
23
not
less
than
twenty
thousand
dollars
plus
an
additional
one
24
thousand
dollars
per
day
for
each
day
the
administrator’s
or
25
teacher’s
violation
of
the
injunction
continues.
26
c.
The
state
of
Iowa
hereby
waives
immunity
from
suit
and
27
consents
to
the
jurisdiction
of
any
court
in
which
an
action
28
is
brought
against
a
charter
school
established
in
accordance
29
with
chapter
256E,
or
a
public
school
district
as
described
in
30
chapter
274,
with
respect
to
any
cause
of
action
arising
out
31
of
this
subsection.
Such
action
shall
be
heard
and
determined
32
pursuant
to
rules
otherwise
applicable
to
civil
actions
brought
33
in
the
particular
court
having
jurisdiction
of
the
suit
and
34
the
parties
to
the
suit
shall
have
the
right
of
appeal
from
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any
judgment,
decree,
or
decision
of
the
trial
court
to
the
1
appropriate
appellate
court
under
applicable
rules
of
appeal.
2
6.
a.
The
board
of
directors
of
each
school
district,
the
3
authorities
in
charge
of
each
accredited
nonpublic
school,
and
4
the
governing
board
of
each
charter
school
shall
notify
the
5
department
of
education
that
the
board
of
directors
of
the
6
school
district,
the
authorities
in
charge
of
the
accredited
7
nonpublic
school,
or
the
governing
board
of
the
charter
school
8
has
removed
a
book
from
a
library
operated
by
the
school,
a
9
classroom,
or
any
area
on
school
property
because
the
board
of
10
directors
of
the
school
district,
the
authorities
in
charge
11
of
the
accredited
nonpublic
school,
or
the
governing
board
of
12
the
charter
school
determined
that
the
book
constituted
or
13
contained
hard-core
pornography
or
obscene
material,
within
14
seven
days
after
removal.
The
notification
shall
contain
the
15
book’s
title
and
author.
16
b.
A
school
shall
remove
a
book
that
is
on
the
list
17
maintained
by
the
department
of
education
pursuant
to
section
18
256.9,
subsection
66,
from
any
library
operated
by
the
school,
19
a
classroom,
or
any
area
on
school
property.
20
7.
A
county
attorney
or
the
attorney
general
may
institute
21
civil
actions
to
enforce
the
provisions
of
this
section.
A
22
county
attorney’s
or
the
attorney
general’s
receipt
of
a
23
copy
of
a
court’s
injunctive
order
provided
by
the
clerk
of
24
court
issued
pursuant
to
subsection
4,
along
with
subsequent
25
information
that
a
violation
of
subsection
3
is
continuing
to
26
occur,
shall
constitute
probable
cause
that
a
violation
of
27
subsection
3
has
occurred.
28
Sec.
9.
Section
728.1,
Code
2023,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
1A.
“Hard-core
pornography”
means
31
material
depicting
representations
of
oral,
anal,
or
vaginal
32
intercourse,
actual
or
simulated,
involving
humans,
or
33
depicting
patently
offensive
representations
of
masturbation,
34
excretory
functions,
or
bestiality,
or
lewd
exhibition
of
the
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genitals.
1
Sec.
10.
Section
728.4,
Code
2023,
is
amended
to
read
as
2
follows:
3
728.4
Rental
or
sale
of
hard-core
pornography
material
4
depicting
certain
patently
offensive
representations
.
5
A
person
who
knowingly
rents,
sells,
or
offers
for
6
rental
or
sale
material
depicting
patently
offensive
7
representations
of
oral,
anal,
or
vaginal
intercourse,
actual
8
or
simulated,
involving
humans,
or
depicting
patently
offensive
9
representations
of
masturbation,
excretory
functions,
or
10
bestiality,
or
lewd
exhibition
of
the
genitals,
which
the
11
average
adult
taking
the
material
as
a
whole
in
applying
12
statewide
contemporary
community
standards
would
find
appeals
13
to
the
prurient
interest;
and
which
material,
taken
as
a
whole,
14
lacks
serious
literary,
scientific,
political,
or
artistic
15
value,
upon
conviction
,
is
guilty
of
an
aggravated
misdemeanor.
16
However,
second
and
subsequent
violations
of
this
section
by
17
a
person
who
has
been
previously
convicted
of
violating
this
18
section
are
class
“D”
felonies.
Charges
under
this
section
19
may
only
be
brought
by
a
county
attorney
or
by
the
attorney
20
general.
21
Sec.
11.
Section
728.6,
Code
2023,
is
amended
to
read
as
22
follows:
23
728.6
Civil
suit
to
determine
obscenity.
24
Whenever
the
attorney
general
or
the
county
attorney
of
25
any
county
has
reasonable
cause
to
believe
that
any
person
is
26
engaged
or
plans
to
engage
in
the
dissemination
or
exhibition
27
of
obscene
material
within
the
county
attorney’s
county
28
to
minors
,
the
attorney
general
or
the
county
attorney
may
29
institute
a
civil
proceeding
in
the
district
court
of
the
30
county
to
enjoin
the
dissemination
or
exhibition
of
obscene
31
material
to
minors.
Such
application
for
injunction
is
32
optional
and
not
mandatory
and
shall
not
be
construed
as
a
33
prerequisite
to
criminal
prosecution
for
a
violation
of
this
34
chapter
.
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Sec.
12.
Section
728.7,
Code
2023,
is
amended
to
read
as
1
follows:
2
728.7
Exemptions
for
public
libraries
and
educational
3
institutions.
4
Nothing
in
this
chapter
prohibits
the
use
of
appropriate
5
material
for
educational
purposes
in
any
accredited
school,
6
or
any
public
library,
or
in
any
educational
program
in
which
7
the
minor
is
participating.
Nothing
in
this
chapter
prohibits
8
the
attendance
of
minors
at
an
exhibition
or
display
of
art
9
works
or
the
use
of
any
materials
in
any
public
library.
For
10
purposes
of
this
section,
“appropriate
material”
does
not
11
include
obscene
material
or
hard-core
pornography.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
the
dissemination
of
certain
specified
16
materials,
including
the
prohibition
of
certain
specified
17
materials
in
schools
and
civil
actions
to
determine
obscenity,
18
and
modifying
the
responsibilities
of
the
department
of
19
education.
20
The
bill
requires
a
school
to
designate
at
least
one
21
administrator
to
ensure
that
no
obscene
material
or
hard-core
22
pornography
is
present
and
available
to
students
in
a
library
23
operated
by
the
school,
a
school
classroom,
or
any
other
area
24
on
school
property.
25
The
bill
prohibits
an
administrator
or
teacher
from
26
knowingly
providing
obscene
material
to
a
student
in
a
library
27
operated
by
the
school,
in
a
school
classroom,
or
in
any
28
other
area
on
school
property.
The
bill
also
prohibits
an
29
administrator
or
teacher
from
knowingly
providing
hard-core
30
pornography
to
a
student
in
a
library
operated
by
the
school,
31
in
a
school
classroom,
or
in
any
other
area
on
school
property.
32
Additionally,
the
bill
prohibits
a
teacher
from
knowingly
33
requiring
a
student
to
read
or
view
obscene
material
or
34
hard-core
pornography
as
part
of
the
teacher’s
instructional
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program
or
curriculum.
The
bill
requires
the
board
of
1
educational
examiners
(BOEE)
to
adopt
rules
that
require
the
2
BOEE
to
disqualify
an
applicant
for
a
license
or
to
revoke
3
a
person’s
license
for
a
violation
of
these
provisions.
The
4
bill
provides
that
if
the
administrator
or
teacher
who
violates
5
these
provisions
is
a
member
of
the
board
of
directors
of
a
6
school
district,
the
administrator’s
or
teacher’s
membership
7
on
the
board
shall
be
vacated.
8
The
bill
authorizes
a
parent
or
guardian
of
a
student
9
alleging
a
violation
of
the
bill’s
provisions
to
bring
a
civil
10
action
for
damages
or
injunctive
relief
against
the
school
that
11
employs
an
administrator
or
teacher
in
violation
of
the
bill.
12
The
bill
requires
a
court
to
award
reasonable
attorney
fees
to
13
a
parent
or
guardian
who
prevails
in
this
civil
action.
14
The
bill
provides
that
if
a
parent
or
guardian
is
the
15
prevailing
party
in
the
civil
action,
the
court
shall
assess
a
16
civil
penalty
against
the
school
that
employs
the
administrator
17
or
teacher,
not
less
than
$5,000
plus
an
additional
$500
per
18
day
for
each
day
a
violation
occurs
during
the
pendency
of
the
19
civil
action,
unless
certain
limited
exceptions
apply.
The
20
bill
requires
revenue
from
the
civil
penalty
to
be
remitted
21
to
the
treasurer
of
state
for
deposit
in
the
general
fund
of
22
the
state.
The
bill
provides
that
if
the
administrator’s
or
23
teacher’s
violation
relates
to
obscene
material,
the
court
is
24
required
to
order
the
school
to
pay
not
less
than
$10,000
in
25
damages
to
the
parent
or
guardian.
The
bill
also
provides
26
that
if
the
administrator’s
or
teacher’s
violation
relates
27
to
hard-core
pornography,
the
court
is
required
to
order
the
28
school
to
pay
not
less
than
$20,000
in
damages
to
the
parent
or
29
guardian.
30
The
bill
provides
that
if
a
parent
or
guardian
is
the
31
prevailing
party
in
the
civil
action,
the
clerk
of
court
32
shall
send
a
copy
of
the
court’s
order
and
a
copy
of
the
law
33
by
certified
mail
to
the
BOEE,
the
attorney
general,
and
the
34
county
attorney
of
the
county
in
which
the
school
that
employs
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the
administrator
or
teacher
who
violated
the
bill’s
provisions
1
is
located.
2
The
bill
provides
that
a
parent
or
guardian
who
was
the
3
prevailing
party
in
the
civil
action
may
bring
a
civil
action
4
for
damages
against
the
school
that
employs
the
administrator
5
or
teacher
if
the
administrator
or
teacher
violates
the
6
injunction.
The
bill
requires
the
clerk
of
court
to
send
a
7
copy
of
the
court’s
order
issued
pursuant
to
the
proceedings
8
related
to
the
violation
of
the
injunction,
and
a
copy
of
the
9
law,
by
certified
mail
to
the
BOEE.
The
bill
also
provides
10
that
if
the
parent
or
guardian
is
the
prevailing
party
in
these
11
proceedings,
the
court
shall
award
the
parent
or
guardian
12
actual
damages
for
injuries
resulting
from
the
administrator’s
13
or
teacher’s
initial
violation
of
the
bill’s
provisions
and
a
14
civil
penalty
not
less
than
$20,000
plus
an
additional
$1,000
15
per
day
for
each
day
the
administrator’s
or
teacher’s
violation
16
of
the
injunction
continues.
The
bill
waives
immunity
for
17
charter
schools
and
school
districts
in
any
cause
of
action
18
brought
against
those
entities
under
the
bill.
The
bill
19
requires
the
BOEE
to
suspend
the
license
of
an
administrator
20
or
a
teacher
upon
the
BOEE’s
finding
by
a
preponderance
of
21
the
evidence
that
the
administrator
or
teacher
violated
an
22
injunction.
23
The
bill
requires
the
board
of
directors
of
each
school
24
district,
the
authorities
in
charge
of
each
accredited
25
nonpublic
school,
and
the
governing
board
of
each
charter
26
school
to
notify
the
department
of
education
that
the
board
of
27
directors,
the
authorities,
or
the
governing
board
has
removed
28
a
book
from
a
library
operated
by
the
school,
a
classroom,
or
29
any
area
on
school
property
because
the
board
of
directors,
30
the
authorities,
or
the
governing
board
determined
that
31
the
book
constituted
or
contained
hard-core
pornography
or
32
obscene
material.
The
bill
also
requires
the
department
to
33
develop
and
make
available
on
the
department’s
internet
site
a
34
comprehensive
list
of
all
of
these
notifications
and
update
the
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list
at
least
once
each
month.
Additionally,
the
bill
requires
1
a
school
to
remove
a
book
that
is
on
the
list
maintained
by
2
the
department
from
any
library
operated
by
the
school,
a
3
classroom,
or
any
area
on
school
property.
4
The
bill
authorizes
a
county
attorney
or
the
attorney
5
general
to
institute
criminal
or
civil
actions
to
enforce
6
the
provisions
of
the
bill.
The
bill
provides
that
a
county
7
attorney’s
or
the
attorney
general’s
receipt
of
a
copy
of
a
8
court’s
injunctive
order
provided
by
the
clerk
of
court,
along
9
with
subsequent
information
that
a
violation
of
the
bill’s
10
provisions
is
continuing
to
occur,
shall
constitute
probable
11
cause
that
a
violation
of
the
bill’s
criminal
provisions
has
12
occurred.
13
Current
law
authorizes
a
county
attorney
to
institute
a
14
civil
proceeding
to
enjoin
the
dissemination
or
exhibition
15
of
obscene
material
to
minors
when
the
county
attorney
has
16
reasonable
cause
to
believe
that
any
person
is
engaged
or
17
plans
to
engage
in
the
dissemination
or
exhibition
of
obscene
18
material
within
the
county
attorney’s
county
to
minors.
The
19
bill
establishes
that
the
attorney
general
may
institute
such
20
civil
proceedings
as
well.
21
Current
law
provides
that
Code
chapter
728
does
not
prohibit
22
the
use
of
appropriate
material
for
educational
purposes
in
any
23
accredited
school,
public
library,
or
educational
program
in
24
which
the
minor
is
participating,
and
does
not
prohibit
the
25
attendance
of
minors
at
an
exhibition
or
display
of
art
works
26
or
the
use
of
any
materials
in
any
public
library.
The
bill
27
provides
that,
for
purposes
of
this
provision,
appropriate
28
material
does
not
include
obscene
material
or
hard-core
29
pornography.
30
The
bill
prohibits
the
board
of
directors
of
a
school
31
district,
the
authorities
in
charge
of
an
accredited
nonpublic
32
school,
and
the
governing
board
of
a
charter
school
from
using
33
any
standards
or
guidance
developed
by
the
American
library
34
association
when
determining
whether
to
acquire
a
book
for
a
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school
library
or
remove
a
book
from
a
school
library.
1
The
bill
provides
that
the
board
of
directors
of
a
school
2
district,
the
authorities
in
charge
of
an
accredited
nonpublic
3
school,
and
the
governing
board
of
a
charter
school
shall
not
4
allow
a
student
serving
on
any
committee
that
determines,
or
5
provides
recommendations
related
to,
whether
a
material
in
a
6
library
operated
by
the
school
should
be
removed
to
view
the
7
material
being
considered
for
removal
if
the
material
is
being
8
considered
for
removal
because
it
may
constitute
or
contain
9
hard-core
pornography
or
obscene
material.
10
The
bill
contains
definitions
for
“administrator”,
11
“hard-core
pornography”,
“provides”,
“school”,
“student”,
and
12
“teacher”.
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