SCS/SB 276 - Currently, public schools and public libraries are required to take certain actions to prevent minors from accessing pornographic materials on a public access computer. This act adds charter schools, digital library catalogs, and explicit sexual material to these provisions of law. The act defines a "digital library catalog" as an electronic database, application, or website that lists or provides resources or materials, including, but not limited to, books, electronic books, periodicals, and multimedia content, including, but not limited to, images, audio, and videos. The definition of "public access computer" established in current law is modified to include a computer "or other electronic device" that is located in an elementary or secondary public school, "charter school", or public library, and is connected to an "electronic" communication system, instead of a "computer" communication system. (Section 182.825)
A public school or charter school shall provide parents access to the school's digital library catalog provided to students. Additionally, each school district and charter school shall appoint an administrator of the digital library catalog whose duties shall include excluding from the digital library catalog any resource or material that is "explicit sexual material" or "pornographic for minors", as those terms are defined in current law. The identity and workplace location of the administrator of a digital library catalog shall be made available upon request.
Each school district and charter school shall adopt a written educational material challenge policy that is easily accessible to the public. Notice of the challenge policy shall be provided to parents of students at least once per school year as part of a curriculum notice. The policy shall allow any taxpayer in the district to dispute or challenge materials provided or recommended by any school employee as explicit sexual material or pornographic for minors. Additionally, a school district or charter school shall maintain a list disclosing to the public the results of all such disputes or challenges and permanently publish such list on the district's or school's website.
A student's parent or guardian may bring a civil action, including an action for injunctive relief or for damages, against any school board member, charter school governing body member, or other school official, including library personnel, for intentionally or negligently violating the act. If the parent prevails in establishing negligence by a preponderance of the evidence, the court shall award to the parent $500 per violation plus court costs and reasonable attorney's fees. If the parent prevails in establishing an intentional violation of the act, the court shall award to the parent $2000 per violation plus court costs and reasonable attorney's fees. (Section 182.826)
The act adds explicit sexual material to the materials that a public access computer in a public school or public library shall restrict minors from accessing. Charter schools and digital library catalogs are also added to these provisions. A public school, charter school, or public library that provides a public access computer or digital library catalog shall equip every computer or digital library catalog with software that restricts minors' access to material that is pornographic for minors or explicit sexual material, develop and implement by January 1, 2026, a policy that is consistent with community standards and establishes measures to restrict minors from gaining access to such material, or both.
School personnel, in addition to school board members, shall be guilty of a misdemeanor for violating these provisions, and on conviction shall be punished by a fine of not more than $500 or imprisonment in the county jail for up to one year. The act also establishes a private cause of action for parents for any such violation that occurs as a result of gross negligence or intentional or willful and wanton misconduct.
Finally, the act repeals a provision that certain school officials and library personnel who comply with these provisions shall not be criminally liable or liable for damages that might arise from a minor gaining access to pornographic materials through the use of a public access computer. (Section 182.827)
OLIVIA SHANNON