SENATE BILL NO. 868

A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1204b.

the people of the state of michigan enact:

Sec. 1204b. (1) Subject to state and federal privacy laws and subsection (2), by not later than July 1, 2022, and by not later than July 1 each year thereafter, the board of a school district or intermediate school district or board of directors of a public school academy shall ensure that both of the following are included on a publicly accessible portion of the school district's, intermediate school district's, or public school academy's website:

(a) Learning materials and activities that were used for pupil instruction at each school operated by the school district, intermediate school district, or public school academy during the immediately preceding school year, disaggregated at least by subject area and grade.

(b) Any procedures in effect for the documentation, review, or approval by school principals, school administrators, or teachers regarding the learning materials and activities used for pupil instruction at the schools operated by the school district, intermediate school district, or public school academy.

(2) For purposes of subsection (1), a school district, intermediate school district, or public school academy is required to list only the information necessary to identify the specific learning materials and activities used for pupil instruction, including the title and the author, organization, or internet address associated with each learning material and activity. Nothing in this section must be construed to require either of the following:

(a) The digital reproduction of learning materials themselves.

(b) The separate reporting of individual components of learning materials produced as a single volume. However, for digital volumes containing works by multiple authors, the school district, intermediate school district, or public school academy shall provide either a table of contents or internet address that discloses the discreet works and authors contained within the volume.

(3) This section does not apply with regard to either of the following:

(a) The board of a school district or intermediate school district or board of directors of a public school academy that does not operate schools that have 500 or more pupils enrolled in those schools.

(b) A school in which the learning materials and activities are selected independently by instructors of the school and in which fewer than 50 pupils are enrolled.

(4) For the purposes of subsection (1), the board of a school district or intermediate school district or board of directors of a public school academy may, but is not required to, do both of the following:

(a) Post and update the listing of learning materials and activities described in subsection (1) on an ongoing basis during each school year. This subdivision does not exempt a school district, intermediate school district, or public school academy from complying with subsection (1).

(b) Utilize collaborative online document or spreadsheet software that allows multiple authorized users to update or make additions to content posted under subsection (1) on an ongoing basis as long as a link to the content described in this subdivision is publicly accessible through the school district's, intermediate school district's, or public school academy's website.

(5) The information posted under subsection (1) must remain on the publicly accessible portion of the school district's, intermediate school district's, or public school academy's website until July 1 of the year following the year in which it was initially posted.

(6) As used in this section:

(a) "Activity" includes, but is not limited to, an assembly, guest lecture, or other educational event facilitated by the school district's, intermediate school district's, or public school academy's staff or outside individuals or organizations, but does not include a pupil presentation.

(b) "Learning materials" includes, but is not limited to, textbooks, reading materials, videos, digital materials, websites, and other online applications.

(c) "Used for pupil instruction" means learning materials or activities to which either of the following applies:

(i) The material or activity is assigned, distributed, or otherwise presented to pupils in any course for which pupils receive academic credit or in any educational capacity in which participation of pupils is required by the school or in which a majority of pupils in a given grade level participate.

(ii) Pupils are required to select 1 or more of the materials or activities, if the available selection is restricted to specific titles.