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Kentucky lawmakers pass bill giving parents the right to challenge 'obscene' content in schools

Kentucky lawmakers voted in favor of legislation that would give parents more say over what their child is being taught, including a formalized complaint process to challenge educational materials they believe to be 'harmful' to children

Kentucky lawmakers Wednesday gave final passage to a parental rights bill that would allow parents to challenge "obscene" materials in the state's public schools.

The bill is part of a push to boost parental involvement in school policies so they can have more say over what their child is being taught. The legislation would require the state's school districts to create a process for parents to challenge educational materials they believe to be "harmful" to children and would also direct the Kentucky Department of Education to adopt a model policy for the complaint resolution process.

The state's Republican-led House voted 80-18 to send the bill to Democratic Gov. Andy Beshear following a long debate Wednesday night. The bill passed the Kentucky Senate in a 29-4 vote last month. 

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At the passage of the bill, parents would be permitted to submit a complaint to the school principal, who would have the authority to decide if the materials in question would remain or be removed or restricted. 

Parents who disagreed with the principal's decision could appeal to the local school board with set time limits on each phase of the review process that parents would be included in. Those who disagree with the school board’s decision could choose to opt their children out of instruction that includes the disputed material.

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Supporters argue the legislation allows parents the opportunity to respond to school materials that contain explicit sexual content. Republican Rep. Russell Webber referred to the curriculum review process as a "commonsense process" for parents, teachers and school administrators that will benefit students. 

Opponents of the measure believe it could lead to book banning and added burdens for local school boards. 

"We are not talking about banning books in this bill," Rep. Webber challenged. "We are talking about protecting children in this commonwealth from examples of extreme sexual exposure to material, to events, to programs."

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One lawmaker warned that it could lead to future legislation against other types of school instructional materials.

"How much curriculum will be stifled because of what you don’t agree with in terms of what a history teacher is teaching, or what a high school English teacher is teaching?" said Democrat Rep. Derrick Graham, according to the Associated Press. 

The bill is similar to other laws that have passed in state legislatures across the country, the most famous being Florida's Parental Rights in Education law, which many opponents misleadingly dubbed the "Don't Say Gay" inaccurately claiming it banned any discussion about being gay in Florida schools. 

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