SENATE APPROVES MEASURE PROTECTING MINORS FROM HARMFUL MATERIALS

FRANKFORT, KY (February 23, 2023) – Senate Bill 5 (SB 5), sponsored by Senator Jason Howell, R-Murray, was approved by the full Senate this afternoon and now qualifies for consideration by the state House of Representatives. The bill would ensure parental engagement in decision-making regarding a student’s access to harmful materials that may be inappropriate or harmful to minors.

The bill’s provisions include defining sex-related materials, programs, or events that a parent may reasonably consider offensive and unsuitable for minors and requires a local school board to adopt a complaint resolution policy to address parent/guardian objections to materials, programs, or events their child has access to and a parent considers harmful.

“Parents expect and deserve a process by which they can protect their children from sexual content they feel is inappropriate,” said Howell. “SB 5 will establish a process parents and guardians can have trust in, knowing their concerns are valued and heard.”

SB 5 establishes grievance levels for parents and guardians:

  1. A written complaint to the school’s principal - The principal would decide, within 10 days, whether a student's access to the material will remain, be removed or be restricted, or whether access to a program or event shall be eligible for future participation by students in the school.

  2. Appeal to the local school board - The board must allow the opportunity for public comment at a school board meeting, and within 10 days, the board must discuss and vote on whether the material harms minors. The meeting would be subject to open records and open meeting requirements.

  3. Final disposition by the local school board - The board must determine whether the material shall remain, be removed or be restricted, or whether access to a program or event shall be eligible for future participation by students in the school. The board must post their final disposition for public awareness on the school district’s website.

  4. Final parent request - After the school board disposition, a written parent request shall be honored that the student no longer have access to the posted material, program, or event.

“I believe this process is understandable and reasonable and that local schools can handle this timeline,” Howell said. “Let’s not forget that parents are taxpayers who make the functions of our local schools possible. More importantly, they deserve a timely response to concerns relating to their children.”

Finally, SB 5 requires the Kentucky Department of Education to create a model policy for complaint resolution to help local school districts implement the legislation.

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Senator Jason Howell, R-Murray, represents the 1st Senate District including Calloway, Crittenden, Fulton, Graves, Hickman, Lyon, and Trigg Counties. As the 2023 Legislative Session convenes, he will serve as Senate Agriculture Committee chair. He will serve as a Banking and Insurance; Economic Development, Tourism and Labor; and Licensing and Occupations committee member. Howell will also serve as a Capital Projects and Bond Oversight Committee and Legislative Oversight and Investigations committee member.

For a high-resolution .jpeg of Howell, please visit: https://legislature.ky.gov/Legislators%20Full%20Res%20Images/senate101.jpg.

For more information on Senate Majority Caucus members and the 2023 Legislative Session, such as committee schedules and membership, please visit legislature.ky.gov.

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