‘Book banning’ bill that would create system for parent complaints passes KY Senate

A bill received tentative approval Thursday requiring boards of education around Kentucky to adopt a complaint resolution policy for parents who allege that materials taught in school are harmful to minors.

Senate Bill 5, sponsored by State Sen. Jason Howell, R-Murray, was approved by the Senate Education Committee and then passed the full Senate, 29-4, on Thursday.

Critics have called it a book banning bill.

“The bill is set to address some information that parents might deem to be harmful to their kids that comes out in public schools,” Howell said. “The bill’s purpose is to guarantee the parent’s involvement in their child’s access to this material that they believe is harmful to their family values and interests.”

Howell said the bill also extends to programs and events.

Chuck Eddy, who spoke against the bill, said it was misguided. He and Sen. Reggie Thomas, D-Lexington, called it a book banning bill.

Kate Miller of the ACLU said the bill represented “state sponsored censorship.”

The bill defines “harmful to minors” as material that contains, in an obscene manner, the unclothed or apparently unclothed human male or female genitals, pubic area, or buttocks or the female breast, or visual depictions of, simulations of, or explicit written descriptions of, sexual acts.

“Harmful to minors” under the legislation also means, that taken as a whole, the material appeals to excessive interest in sex or is patently offensive to prevailing standards regarding what is suitable material for minors..

The bill stoked heated conversation about what should be permissible in schools, as well as the purpose of education in general, on the Senate floor.

Many conservative legislators took aim at what they believed to be a cultural shift toward introducing sexuality to children at a younger age.

“I never imagined in my life we would have drag queen story hour at a library for children... What’s next? Do we bring prostitutes to school for career day?” Sen. Stephen Meredith, R-Leitchfield, asked.

Sen. Lindsey Tichenor, R-Smithfield, said that “there is a movement in our society to accept all forms of sexuality,” including pedophilia, and that the bill was about shielding children’s innocence.

Democrats, most of whom except Sen. Robin Webb, D-Grayson, voted against the bill, said that the bill was a step in the wrong direction. Senate Minority Whip David Yates, D-Louisville, said that some limits on what minors can access in an educational context are common sense, but that Senate Bill 5 went too far.

“I think there are extremes. You should not be able to play (pornography website) PornHub in the classrooms… But ignorance doesn’t help our children. It is that debate and discussion. Education is the way,” Yates said.

Republicans like Howell emphasized that the bill does not explicitly ban anything.

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

The policy must be in place by July 1, 2023. Complaints must provide the name of the complainant, a reasonably detailed description of the material that is alleged to be harmful to minors and how the material is believed to be harmful to minors.

Within seven business days of receiving a written complaint, the school principal must review the complaint and take reasonable steps to investigate the allegations including reviewing the material that is alleged to be harmful to minors.

The school principal will determine whether the material that is the subject of the complaint is harmful to minors under the bill’s definition, and determine whether student access to the material shall remain or be restricted, or that the material will be removed from the school.

Within 10 business days of receiving the complaint, the school principal will meet with the parents.

Appeals of the school principal’s determination can be made to the local school board. Parents could opt out of having their child participate.

Toni Konz Tatman, spokesperson for the Kentucky Department of Education, said that under state law and many local school board policies, school districts already have an instructional materials complaint policy. Decisions rest with the superintendent.

This story was originally published February 23, 2023 at 2:04 PM.