Honesty in Teaching Act
| Model Bill Info | |
|---|---|
| Bill Title | Honesty in Teaching Act |
| Date Introduced | November 30, 2022 |
| Type | Model Policy |
| Status | Draft |
| Task Forces | Education and Workforce Development |
Honesty in Teaching Act
SECTION 1: Title
This Act shall be known and may be cited as the Honesty in Teaching Act.
SECTION 2: Definitions
A) “Contractor” means an individual, organization, corporation or business that enters into a contract, or a subcontract pursuant to a contract, with a public-school entity.
B) “Department” means the [insert State] Department of Education.
C) “Professional Employee” means certificated teachers, supervisors, supervising principals, principals, assistant principals, vice principals, directors of career and technical education, visiting teachers, substitute teachers, school counselors, school librarians, and school secretaries.
D) “Public School Entity” includes all public schools in this state and their professional employees.
SECTION 3: Communication and Actions by Public School Entities
A) No communication by a public-school entity, an official representative thereof, professional employee or guest speaker shall compel a person to adopt, affirm, adhere to or profess an idea in violation of Title IV and Title VI of the Civil Rights Act of 1964 (P.L. 88-352, 78 Stat. 241), including that:
People of one age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin, are inherently superior or inferior to people of another age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin. An individual should be discriminated against or receive adverse treatment solely or partly because of the individual’s age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin. People of one age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin cannot and should not attempt to treat others equally and without regard to age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin. B) Nothing in this section shall be construed to prohibit the discussion of ideas and history of the concepts described in subsection (a) or shall be construed to prohibit the discussion of public policy issues of the day or ideas that individuals may find unwelcome, disagreeable or offensive.
C) No public-school entity, professional employee, contractor or student in a public-school entity may face a penalty or adverse treatment due to a refusal to engage in any of the concepts listed in subdivisions 1-3 of subsection A of this section.
D) No public-school entity may use funds from any source to engage in any of the concepts listed in subdivisions 1-3 of subsection A of this section.
E) The department shall develop and make available to professional employees technical assistance, guidance and professional development in accordance with the following principals:
For education to create citizens capable of self-government, students need to engage with a variety of viewpoints on challenging issues, led by a professional employee who understands that there is greater value in promoting independent thinking than in advancing the employee’s own beliefs. A professional employee should be prepared to engage students in academic discussions about all tropics, so long as the employee imparts vital knowledge and skills without imposing the employee’s own beliefs. A professional employee should be prepared to address challenging issues in the classroom, not avoid them. A professional employee should be prepared to help students become discerning consumers of information, to evaluate and analyze information, to question and verify the credibility of the information’s source and to make their own reasoned judgements supported by evidence.
SECTION 4: Requirements for Public Contractors
A) A contract entered into by a public-school entity with a contractor after the effective date of this section shall include the following statement:
“During the performance of this contract, the contractor may not engage in workplace training of a professional employee that includes any of the concepts listed in subdivisions 1-3 of subsection A of section 3 of the Honesty in Teaching Act.”
B) A contractor shall include in a subcontract the statement under subsection A of this Act as a contractual duty imposed on the subcontractor.
SECTION 5: Enforcement
A) A parent, student, professional employee or other person interacting with a public-school entity may file a complaint with the governing board of a public-school entity alleging a violation of section 3 of this Act by a professional employee or contractor. A complaint filed under this section is subject to the penalties enumerated under [insert state code reference to criminalization of intentionally false statements].
B) A public-school entity shall develop a policy on how a complaint under subsection A of this section may be filed. The policy shall be made available on the public-school entity’s publicly accessible internet website.
C) Upon receipt of a complaint, the governing board of a public-school entity shall provide written notice to the professional employee or contractor detailing the complaint and stating the time and place for a hearing. The hearing shall be held no earlier than 15 days and not later than 30 days from the receipt of the complaint. Proceedings under this section shall be held in accordance with [insert state code reference to the practice and procedures of local agencies/boards].
D) A written notice of decision of the governing board of a public-school entity shall be sent by registered mail to the professional employee or contractor and the complainant within 10 days after such hearing is concluded.
E) If the complainant, professional employee or contractor disagrees with the findings of the governing board of the public-school entity, an appeal may be filed with the Secretary of Education, within 15 days after receipt by registered mail of the written notice of the decision of the governing board of a public-school entity. The appeal shall be governed by [insert state code reference to the practice and procedures of state agencies/boards]. The Secretary of Education shall issue a final ruling with detailed support for the conclusion within 60 days of receipt of the appeal.
F) The ruling or decision of the Secretary of Education shall be final unless an appeal is taken in accordance with [insert state code reference to judicial review of state agency/board action].
SECTION 6: Penalties
A) If a violation is established involving a professional employee, the public-school entity involved, as well as any involved professional employee, shall engage in professional development in compliance with section 3 of this Act. The families of students impacted by the violation shall receive notice and a copy of the decision and action to be taken, which notice shall be provided by registered mail. The public-school entity shall report the violation to the department.
B) If a violation is established involving a contractor, the contract may be cancelled, terminated or suspended, in whole or in part, and the contractor may be declared ineligible for further government contracts for a period of one year. The families of students impacted by the violation shall receive notice and a copy of the decision and actions to be taken, which notice shall be provided by registered mail.
