(B) Instructional materials;

(C) Required textbooks;

(D) Course syllabi;

04-07-2023 11:47:56 TNL369 As Engrossed:

H4/3/23 H4/7/23 HB1738 (E) Lesson plans;

and (F) Other teaching aids;

(3)(A) Remove the parent's child temporarily from a class or other public school activity if the class or other public school activity conflicts with the parent's religious or moral beliefs.

(B) A parent who removes a child temporarily from a class or other public school activity under subdivision (3)(A) of this section shall present or deliver to the teacher of the parent's child a written statement that authorizes the temporary removal of the parent's child from the class or other public school activity.

(C) However, a parent shall not remove the parent's child temporarily from a class or public school activity to:

(i) Avoid the administration of a test to the parent's child;

or (ii) Prevent the parent's child from taking a subject for the duration of the academic semester;

(4)(A) Gain access to a meeting of the following, except in cases of an executive session or when prohibited by law or court order:

or (ii) The governing body of the open-enrollment public charter school in which the parent's child is enrolled.enrolled." AND Page 4, line 29, delete "district" and substitute "district and open- enrollment public charter school" AND Page 4, line 30, delete "of a" and substitute "of" AND Page 4, line 30, delete "board of directors" and substitute "boards of directors and governing bodies of open-enrollment public charter schools" *.TNL450* TNL450 - 03-30-2023 09:37:15 Page 1 of 2 AND Page 4, delete lines 32 through 34, and substitute the following:

(B)"(1) AMake publicavailable schoolannually districtby boardOctober 1 for review by parents all of directorsthe shallfollowing holdthat eachare reasonably available:" AND Page 5, line 7, delete "district's" and substitute "district's or open- enrollment public meetingcharter withinschool's" theAND boundariesPage of5, theline 12, delete "district" and substitute "district and open- enrollment public schoolcharter districtschool" asAND requiredPage by5, law,line except20, indelete cases"district" inand whichsubstitute it"district holdsor aopen- jointenrollment meetingpublic withcharter another:school" AND Page 5, line 23, delete "district" and substitute "district or open- enrollment public charter school" AND Page 5, line 33, delete "district" and substitute "district and open- enrollment public charter school" AND Page 6, line 1, delete "district" and substitute "district or open-enrollment public charter school" AND Page 6, delete line 13, and substitute the following:

(i)"requiring Publicpublic school districtpersonnel, boarda ofpublic directors;school district, or an open- enrollment public charter school to provide" The Amendment was read ________________________________________________________________________________ By:

orRepresentative (ii)McAlindon GovernmentalTNL/TNL entity- if03-30-2023 the09:37:15 boundaries_________________________ ofTNL450 theChief governmentalClerk entityTNL450 are- in03-30-2023 whole09:37Amendment orNo. in part within the boundaries of the public school district.

6-18-2505.___ to HB1738 Page 2 of 2

Public school district and open-enrollment public charter school responsibilities.

The duties of public school district boards of directors and governing bodies of open-enrollment public charter schools under this subchapter shall include the requirement to:

04-07-2023 11:47:56 TNL369 As Engrossed:

H4/3/23 H4/7/23 HB1738 (1) Make available for review by parents, upon request, all of the following that are reasonably available:

(A) Teaching materials;

(B) Required textbooks;

(C) Course syllabi;

(D) Lesson plans;

and (E) Required tests scheduled for the school year;

(2)(A) Adopt procedures for notifying a student's parent within twenty-four (24) hours, or the timeframe otherwise specified by state or federal law, if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being and the public school district's or open-enrollment public charter school's ability to provide a safe and supportive learning environment for the student.

(B) Procedures adopted under subdivision (2)(A) of this section shall reinforce the fundamental right of a parent to make decisions regarding the upbringing and control of the parent's child by requiring public school district and open-enrollment public charter school personnel to:

(i) Encourage a student to discuss issues relating to the student's well-being with the student's parent;

or (ii) Facilitate discussion of the student's well- being with the student's parent.

(C) Procedures adopted under subdivision (2)(A) of this section shall not prohibit a parent from accessing any of the education and health records pertaining to the parent's child that are created, maintained, or used by the public school district or open-enrollment public charter school in which the parent's child is enrolled and that the parent is entitled to access under the Family Educational Rights and Privacy Act, 20 U.S.C.

§ 1232g, or other state or federal law;

(3)(A) Not adopt procedures or student support forms that:

(i) Prohibit public school district or open- enrollment public charter school personnel from notifying the parent of a student regarding:

(a) The student's mental, emotional, or physical health or well-being;

or 04-07-2023 11:47:56 TNL369 As Engrossed:

H4/3/23 H4/7/23 HB1738 (b) A change in related services or monitoring as it pertains to the student;

or (ii) Encourage a student to withhold information from the student's parent as it pertains to the student's mental, emotional, or physical health or well-being or a change in related services or monitoring as it pertains to the student.

(B)(i) Public school district and open-enrollment public charter school personnel shall not discourage or prohibit parental notification of and involvement in critical decisions that affect a parent's child's mental, emotional, or physical health or well-being.

(ii) However, a public school district or open- enrollment public charter school may adopt procedures that permit public school personnel to withhold parental notification of information described under subdivision (3)(B)(i) of this section if a reasonably prudent person would believe that the disclosure of information would result in abuse, abandonment, or neglect of a child or if disclosure is prohibited by law;

and (4)(A) Ensure that classroom instruction provided by public school personnel or third parties on sexual orientation or gender identity:

(i) Shall not occur in kindergarten through grade five (K-5), as provided by Acts 2023, No.

237;

and (ii) Is age-appropriate and developmentally appropriate for students in grades six through twelve (6-12).

(B) However, nothing in this section shall be construed as requiring public school personnel, a public school district, or an open- enrollment public charter school to provide classroom instruction on sexual orientation or gender identity to students in grades six through twelve (6- 12).

6-18-2506.

Rules.

(a) The Division of Elementary and Secondary Education shall promulgate rules necessary to implement this subchapter.

(b) When adopting the initial rules to implement this subchapter, the final rules shall be filed with the Secretary of State for adoption under 25-15-204(f).

/s/McAlindon 04-07-2023 11:47:56 TNL369