Bill Text: MS SB2434 | 2022 | Regular Session | Introduced
Bill Title: The Academic Transparency Act of 2022; enact.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-02-01 - Died In Committee [SB2434 Detail]
Download: Mississippi-2022-SB2434-Introduced.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Education
By: Senator(s) England
Senate Bill 2434
AN ACT TO CREATE THE ACADEMIC TRANSPARENCY ACT OF 2022; TO REQUIRE EACH PUBLIC SCHOOL TO LIST ON A PUBLICLY ACCESSIBLE PORTION OF ITS WEBSITE THE LEARNING MATERIALS AND ACTIVITIES THAT WERE USED FOR STUDENT INSTRUCTION AT THE SCHOOL DURING THE MOST RECENTLY COMPLETED SCHOOL YEAR; TO REQUIRE A SCHOOL TO LIST ONLY THE INFORMATION NECESSARY TO IDENTIFY THE SPECIFIC LEARNING MATERIALS AND ACTIVITIES USED FOR INSTRUCTION; TO ALLOW SCHOOL BOARDS WITH LESS THEN 500 STUDENTS TO BE EXEMPT FROM THE REQUIREMENTS OF THE ACT; TO SET CERTAIN EXEMPTIONS THAT THE ACT SHALL NOT BE CONSTRUED TO DO; TO SET CERTAIN REQUIREMENTS OF THE ACT; TO AUTHORIZE THE ATTORNEY GENERAL, COUNTY ATTORNEY OF THE COUNTY IN WHICH AN ALLEGED VIOLATION OCCURRED, OR A RESIDENT OF THE SCHOOL DISTRICT TO BRING AN ACTION FOR INJUNCTIVE RELIEF WHEN AN ALLEGED VIOLATION OF THE ACT HAS OCCURRED; TO REQUIRE CERTAIN PROCEDURES FOR THE PURCHASING OF LEARNING MATERIALS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Academic Transparency Act of 2022."
SECTION 2. For purposes of this act, unless the context requires otherwise, the following terms shall have the meanings ascribed herein:
(a) "Learning materials," includes, but is not limited to, the following meanings:
(i) Textbooks, reading materials, videos, digital materials, websites and other online applications; and
(ii) Works created by a teacher or staff member employed under the authority of the school's governing board, including syllabi, outlines, handouts, presentations and
audio or video materials.
(b) "Used for student instruction" means:
(i) Assigned, distributed or otherwise presented to students in any course for which students receive academic credit or in any educational capacity in which participation of the student body is required by the school or in which a majority of students in a given grade level participate.
(ii) Any materials which students are required to select, if the available selection is restricted to specific titles.
(c) "Activities," includes, but is not limited to, the following meanings: assemblies, guest lectures or other educational events facilitated by the institution's staff, including those conducted by outside individuals or organizations, excluding student presentations.
SECTION 3. (1) Each public school in this state shall prominently list on a publicly accessible portion of its website by July 1, 2023, the following information:
(a) The learning materials and activities that were used for student instruction at the school during the most recently completed school year, organized at a minimum by subject area and grade.
(b) Any procedures in effect for the documentation, review, or approval by the principal, administrators
or other teachers regarding the learning materials and activities used for student instruction at the school.
(2) A school shall be required to list only the information necessary to identify the specific learning materials and activities used for instruction, including the title and the author, organization or internet address associated with each material and activity.
(3) A school shall not be required to list learning materials and activities pursuant to this section under any of
the following circumstances:
(a) If the school's governing board is responsible for the operation of schools with fewer than five hundred (500) students cumulatively; and
(b) If the materials or activities are selected independently by instructors at a school site with fewer than
fifty students enrolled.
(4) Each school with a catalog or documented inventory of the resources available to students in its school library shall post on a publicly accessible portion of its website the listing of available resources.
(5) This section shall not be construed to require a school to post or distribute a learning material or educational activity in a manner that would constitute an infringement of copyright under federal or state law.
(6) Nothing in this section shall be construed to require either:
(a) The digital reproduction of the materials themselves, nor
(b) The separate reporting of individual components of materials 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 discreet works and authors contained within the volume.
SECTION 4. (1) To prepare and host the listing of materials and activities pursuant to Section 3 of this act, a school may:
(a) Post and update the listing of learning materials and activities on an ongoing basis during each school year, provided the listing is completed by July 1 following the completion of the school year.
(b) Utilize collaborative online document or spreadsheet software that allows multiple authorized users to update or make additions to posted content on an ongoing basis, as long as a link to the listing is publicly accessible via the school website.
(2) The listing of materials for each school year shall remain available via the school website until at least the
completion of the following year's listing.
SECTION 5. The Attorney General, the county attorney for the county in which an alleged violation of this section occurred, or a resident of the school district in which the school is located may bring an action for injunctive relief in the circuit court in which the school is located to compel the governing board of the school to bring the school into compliance with this act.
SECTION 6. (1) The school board of the school or any staff employed thereby and acting in the course of their official duties shall not purchase or contract for copyrighted digital learning materials used for student instruction at the school, including the renewal of subscription-based materials for which students are provided individual login credentials or access via electronic personal devices, unless provision is made to allow parents and guardians of enrolled students to review the materials within ten (10) days of the submission of a written request to the school. The means of provision shall include at least one of the following:
(a) Providing access to the materials at the school site during the school's normal hours of operation within ten (10) days of written request.
(b) Providing temporary remote access or login credentials to at least one (1) copy of the materials for review for at least a twenty-four-hour period following each request, not to exceed one request per item per household during each thirty-day period.
(2) The parent or guardian shall not be required as a condition of reviewing the materials to enter into terms of a nondisclosure agreement nor waive any rights beyond complying with federal copyright law.
SECTION 7. This act shall take effect and be in force from and after July 1, 2022.
