Amends TCA Title 39, Chapter 17, Part 9 and Title 49.

Under present law, it is an offense to knowingly produce, send or cause to be sent, or bring or cause to be brought, into this state for sale, distribution, exhibition or display, or in this state to prepare for distribution, publish, print, exhibit, distribute, or offer to distribute, or to possess with intent to distribute or to exhibit or offer to distribute any obscene matter, or to do any of these acts with any matter found legally obscene that violates the requirements of federal law. Present law states that it is an exception to the above offense that the obscene material is possessed by a person having scientific, educational, governmental or other similar justification. This bill adds that the exception does not apply to the possession of obscene material by a local education agency (LEA); public school or public charter school; or an employee or private contractor of an LEA or public school, if the obscene material is harmful to minors and possessed on public school premises. This bill prohibits an LEA or public school or public charter school, from allowing obscene materials or materials harmful to minors to be available to students in the school libraries controlled by the LEA or public school. ON MARCH 28, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1944, AS AMENDED. AMENDMENT #1 adds that each local board of education and public charter school must adopt a policy that allows the parent or legal guardian of a student enrolled in the LEA or public charter school to report to the director of schools or to the director of the public charter school, as applicable, if the parent or legal guardian is aware of material that is obscene or harmful to minors, being made available to students through the parent's or legal guardian's student's school library. The policy must require the director of schools or the director of the public charter school, as applicable, to remove the questionable material from each school library under the respective director's control for a period of no less than 30 days to allow the local board of education or the governing body of the public charter school, as applicable, to review the material to determine whether the material is obscene, harmful to minors, or appropriate for students. This amendment requires the local board of education or the governing body of the public charter school to determine if the material is obscene or harmful to minors no later than the next regularly scheduled meeting of the board or the governing body after the 30-day period. If the local board of education or the governing body of the public charter school determines that the material is obscene or harmful to minors, then the material must be permanently removed from the school library of each school governed by the local board of education or the governing body of the public charter school. If the local board of education or the governing body of the public charter school determines that the material is appropriate for students, then the material must be returned to each school library from which it was removed by the respective director upon the local board of education's or the governing body of the public charter school's determination that the material is appropriate for students, or at the end of the 30-day period identified in, whichever is earlier. This amendment specifies that the procedures adopted pursuant to it will not be the exclusive means to remove material from a school library, and will not preclude an LEA, a school operated by an LEA, a public charter school, or the governing body of a public charter school from developing or implementing additional policies, practices, or procedures for the removal of materials from a school library. If an LEA or public charter school fails to comply with the policy adopted pursuant to this amendment, then the commissioner may withhold state funds, in an amount determined by the commissioner, from the respective LEA or public charter school until the LEA or public charter school is in compliance. This amendment requires each LEA to annually report to the department of education the material that is permanently removed from a school library of the LEA pursuant to the above-described provisions.