SB1058 - 551R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-113, Arizona Revised Statutes, is amended to read:

START_STATUTE15-113. Rights of parents; learning materials and activities; public educational institutions; definitions

A. A parent of a student in a current or prospective public educational institution has the right to review learning materials and activities in advance. A parent who objects to any learning material or activity on the basis that the material or activity is harmful may request to withdraw that parent's student from the activity or from the class or program in which the material is used and request an alternative assignment.

B. To ensure a parent's right to review learning materials and activities as described in subsection A of this section, beginning august 1, 2021, each school that is operated by a school district and each charter school shall prominently disclose on a publicly accessible portion of its website:

1. Any procedures or processes in effect for a parent to have access in advance to review the current learning materials and activities used for student instruction at the school.

2. Either:

(a) If any procedures or processes are in effect for the school principal or other staff to document, review or approve lesson plans or the learning materials and activities used for student instruction at the school, a description of the procedures or processes.

(b) If no procedures or processes are in effect for the school principal or other staff to document, review or approve lesson plans or the learning materials and activities used for student instruction at the school, a clear statement that no such procedures or processes are in effect at the school.

3. If procedures or processes as described in paragraph 2, subdivision (a) of this section are in effect at the school, at least one of the following:

(a) A copy of the lesson plans or a listing of the learning materials and activities used on the lesson plans submitted to the school principal or other staff by instructors at the school in the current year.

(b) A listing of the learning materials and activities used for instruction at the school in the current year, organized at a minimum by subject area and grade, including the following:

(i) Textbooks and required reading materials.

(ii) Videos.

(iii) Digital materials.

(iv) Websites.

(v) Online applications.

(vi) Grade level or schoolwide assemblies.

(vii) Guest lectures.

(viii) Other educational events facilitated by the public educational institution's staff, including those conducted by outside individuals or organizations.

C. Learning materials and activities required pursuant to subsection B, paragraph 3 of this section shall be posted on or before August 1, 2021 and on or before July 1 following the completion of each school year thereafter and may be posted on an ongoing basis before the dates prescribed in this subsection. Materials posted pursuant to this section shall remain accessible via the school website for at least twelve months.

D. If a school prepares a list of learning materials and activities pursuant to subsection B, paragraph 3, subdivision (b) of this section, the school:

1. Shall list only the information necessary to identify the specific learning materials and activities used for student instruction, including at least the title and the author, organization or internet address associated with each learning material and activity. Subsection B, paragraph 3, subdivision (b) of this section does not require either:

(a) The digital reproduction of the learning materials or activities.

(b) The separate reporting of individual components of learning materials that are produced as a single volume, except that for digital volumes containing works by multiple authors, the school shall provide either a table of contents or internet address that discloses the discrete works and authors contained within the volume.

2. May use collaborative online document or spreadsheet software that allows multiple authorized users to update or make additions to posted content on an ongoing basis.

B. E. A charter school may require parents to waive the right to object to learning materials or activities pursuant to subsection A of this section as a condition of enrollment if the charter school provides a complete list of books and materials to be used each school year before the student enrolls. If the charter school introduces books or materials that were not disclosed prior to enrollment, the parent retains the right to object to those materials pursuant to subsection A of this section.

C. F. A charter school may require that any request to review learning materials or activities or to withdraw the student from learning materials or activities pursuant to subsection A of this section be made in writing.

D. G. A public educational institution shall obtain signed, written consent from a student's parent or guardian before using video, audio or electronic materials that may be inappropriate for the age of the student.

E. H. For the purposes of this section:

1. "Lesson plan" means the daily, weekly or other routinely produced guide, description or outline of the instruction to be provided by a teacher to students at the school, which may include the resources, exercises or assessments used to promote student learning.

1. 2. "Objects to any learning material or activity on the basis that it the material or activity is harmful" means objections objecting to a material or activity because of sexual content, violent content, or profane or vulgar language.

3. "Parent" means the parent of a current or prospective student.

4. "Procedures or processes" includes procedures or processes that may vary by subject area or grade.

2. 5. "Public educational institution" means any of the following:

(a) A school district, including its schools.

(b) A charter school.

(d) The Arizona state schools for the deaf and the blind.

6. "Used for student instruction":

(a) Means assigned, distributed or otherwise presented to students in any course for which students receive academic credit or in any educational capacity in which the public educational institution requires the student body to participate or in which a majority of students in a given grade level participate.

(b) Includes learning materials or activities from which students are required to choose one or more from a selection of materials that is restricted to specific titles. END_STATUTE

Sec. 2. Retroactivity

This act applies retroactively to from and after July 31, 2021.