SENATE MEASURE TO EMPOWER PARENTS, PROTECT MINORS FROM SEXUALLY EXPLICIT MATERIAL BECOMES LAW
FRANKFORT, KY (March 29, 2023) – Senate Bill 5 (SB 5), sponsored by Senator Jason Howell, R-Murray, became law in the commonwealth without the support of Governor Andy Beshear as it was filed with the Kentucky Secretary of State’s Office without signature. The bill will ensure parental engagement in decision-making regarding a student’s access to sexual 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 to their development.
“I’ve heard from countless parents who deserve a way to protect their children from sexual content they feel is inappropriate,” said Howell. “My goal with SB 5 was to establish a process parents and guardians can rely on to protect their children from an early exposure to inappropriate, pornographic material discovered in schools across the commonwealth.”
“While I’m happy the bill will be state law, I am disappointed the governor chose not to sign the bill into law,” Howell added. “I think it’s clearly a decision of political convenience, given it is a gubernatorial election year. His unwillingness to firmly stand with Kentucky parents is insulting, and certainly an effort to appease the radical political base he needs to win re-election.”
SB 5 establishes grievance levels for parents and guardians:
A written complaint to the school’s principal - the principal has 10 days to decide whether a student's access to the material will remain, be removed, or restricted, or whether access to a program or event shall be eligible for future participation by students in the school.
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.
Final disposition by the local school board - The board must determine if the material shall remain, be removed, or 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.
Final parent request - After the school board disposition, a written request by a parent will be honored that his/her student will no longer have access to the posted material, program or event.
SB 5 requires the Kentucky Department of Education to create a model policy for complaint resolution to help local school districts in implementing the bill’s provisions.
The bill passed both legislative chambers with strong support, 29-4 in the Senate and 80-18 in the House.
“I think the strong support in the legislature and the fact the Governor felt he couldn’t veto the bill should be an indication that maybe SB 5 isn’t the boogeyman many characterized it to be,” Howell said. “I daresay the same logic probably applies to other legislation that has fallen victim to hyperbole and mischaracterization.”
Click here to find SB 5 in full and visit legislature.ky.gov to learn more about Senator Jason Howell.
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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 also serves as a Banking and Insurance; Economic Development, Tourism and Labor; and Licensing and Occupations committee member. Additionally, he is 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.
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