SB 42 - This act modifies provisions relating to elementary and secondary education. DIVISIVE CONCEPTS (Section 160.2550) Under this act, school districts are prohibited from teaching about The 1619 Project or any successor theory or concept, critical race theory or any successor theory or concept, and any divisive concepts, as such term is defined in the act. Districts are also prohibited from certain actions listed in the act relating to curriculum and instruction. In adopting the essential knowledge and skills for the social studies for each grade level from kindergarten through 12th grade, each school district shall adopt knowledge and skills that develop each student's civic knowledge as set forth in the act. School districts shall not accept private funding for the purposes of teaching any curriculum substantially similar to critical race theory or The 1619 Project. The Attorney General may investigate school districts for compliance with the act. Any school district that violates the provisions of the act shall have 50% of the district's state aid withheld until the district presents evidence to the Department of Elementary and Secondary Education that the district is no longer in violation of this section. This provision is identical to SB 694 (2022) and is similar to SB 172 (2023), SB 638 (2022), SB 676 (2022), SB 734 (2022), and SB 1184 (2022). SUNLIGHT IN LEARNING (Section 161.856) This act establishes the "Sunlight in Learning Act", which requires certain training, instructional, and curricular materials posted on a school website. This act requires the Department of Elementary and Secondary Education to ensure schools and charter schools publicly display instructional and training materials for teachers and learning materials and activities used for students on the school website. The website shall include the title, author, organization and any website associated with the material or activity. The website shall also include the identity of the teacher or other person who created the learning material. Any activity that involves service-learning, internships or outside organizations, shall be included on the website, as outlined in the act. All procedures for the documentation, review or approval of materials used for staff or faculty training or student learning shall be included on the website. A listing of available resources in the library shall be included on the website. The information required on the website shall be displayed online prior to the first instance of training or instruction, or, at the latest, fourteen days after the training or instruction. The information shall be organized by school, grade, teacher, and subject, and be displayed on the website for at least two years. Schools may use a collaborative online document or spreadsheet software to update the listing on the website. The listing shall be created and displayed in searchable or sortable electronic formats. A school with fewer that twenty enrolled students and whose materials and activities are selected independently by instructors is not required to post a list of learning materials and activities on a website. The Attorney General, Commissioner of Education, State Auditor, prosecuting attorney, or resident of a school district, may initiate a suit against the school district, public school, or public charter school or other governmental entity responsible for educational oversight if a violation of this act occurs. Courts shall not entertain complaints unless complainants have first worked to remedy the situation by contacting school officials, who have fifteen days to resolve the situation, or by contacting the school board, who have forty-five days to resolve the situation. No school officials shall purchase or contract copyrighted learning materials, including renewal of subscription-based materials where students are provided login credentials or access via electronic personal devices, unless provisions are made to allow parents and guardians of students to review the materials within thirty days of the submission of a written request to the school. This provision is identical to SB 1225 (2022) and is similar to SB 645 (2022), SB 810 (2022), and HB 1995 (2022). PARENTS' BILL OF RIGHTS (Section 161.1140) This act creates the "Parents' Bill of Rights Act of 2023." Under this act, no school district shall deny to the parent or guardian of a minor child certain rights. Such rights includes the ability to fully review the curricula, books, and other educational materials used by the school attended by their child; the ability to access information on teachers, guest lecturers, and outside presenters who engage with students at the school; the ability to access information on third party individuals and organizations that receive contracts; the right to visit their child at school during school hours; the right to access all records generated by the school that concern their child; the ability to access information pertaining to the collection and transmission of data regarding their child; the right to be heard at school board meetings; the right to be notified of situations affecting the safety of their child at school; and the right to object to certain materials that the parent finds inappropriate to be taught to their child. Any person denied one of these rights may bring a civil action for injunctive relief. Further, the attorney general may also bring a civil action for injunctive relief. If a school district is found to have violated this act, the Department of Elementary and Secondary Education may withhold up to fifty percent of the state aid for such district. This provision is identical to provisions in SB 89 (2023) and in SB 776 (2022) and is similar to a provision in HCS/SS#2/SCS/SBs 4, 42 & 89 (2023). PARTICIPATION IN ATHLETIC COMPETITION (Section 167.177) Upon adoption by a school district and approval of the residents of the school district, no public school shall knowingly allow a student of the male sex who is enrolled in such public school to participate in a school-sponsored athletic team that is exclusively for students of the female sex. Beginning July 1, 2024, the Joint Committee on Education shall study exclusively male or female athletic events and the impact of a policy that prohibits participation in those events by individuals of the opposite sex. By January 1, 2025, the Committee shall report its findings to the General Assembly. The Attorney General may investigate any school district alleged to be in violation of this provision. Any school district found to be in violation of this provision shall have fifty percent of any state moneys withheld until the school district provides evidence to the Department of Elementary and Secondary Education that it is in compliance with this provision. This provision is substantially similar to HB 2461 (2022) and a provision in HCS/HB 2140 (2022) and is similar to HB 2735 (2022). OLIVIA SHANNON