AN ACT concerning public libraries and schools; relating to the protection of childhood innocence and parental responsibility; requiring identification of and parental opt-in consent for sexually explicit materials; amending K.S.A. 21-6401, K.S.A. 21-6402 and K.S.A. 12-1225; requiring the Kansas State Library Handbook to address this act; and repealing the library affirmative-defense loophole in certain circumstances.
Be it enacted by the Legislature of the State of Kansas:
Section 1. This act shall be known and may be cited as the Childhood Innocence and Parental Responsibility Protection Act.
Section 2. Legislative Findings and Purpose. The legislature finds that: (a) Parents possess the fundamental constitutional right to direct the upbringing, education, and moral development of their children, as recognized by K.S.A. 38-141 and long-standing decisions of the United States Supreme Court; (b) Children do not possess a constitutional right to access sexually explicit materials; (c) Public libraries and schools act in a governmental capacity and must prevent accidental exposure of minors to sexually explicit materials that are in view or within reach of children in any physical or digital setting; (d) Pursuant to K.S.A. 21-6401 and K.S.A. 21-6402, adults in positions of authority in public institutions have a statutory duty to protect children from the promotion of obscenity and material harmful to minors by taking affirmative steps to shield minors from such content; and (e) The purpose of this act is to require transparent identification of and affirmative parental consent for any sexually explicit material while preserving access for consenting parents and upholding the First Amendment rights of adults.
Section 3. Definitions. As used in this act: (a) “Sexually explicit material” means any book, publication, digital resource, display, illustration, or other material that: (1) contains visual or written depictions or descriptions of sexual conduct as defined in K.S.A. 21-6401(f)(2); or (2) meets the definition of material harmful to minors under K.S.A. 21-6402(b). (b) “Sexual conduct” has the meaning ascribed thereto in K.S.A. 21-6401(f)(2). (c) “Harmful to minors” has the meaning ascribed thereto in K.S.A. 21-6402(b). (d) “School entity” means any public school, school district, charter school, or school library. (e) “Library entity” means any public library, regional library system, or library consortium operating under Kansas law. (f) “Digital material” means any material made available to a child through an online account, catalog, application, or digital platform tied to a public library entity, school entity, or government-issued library or school credential, including but not limited to consortium-shared resources such as Sunflower eLibrary.
Section 4. Policy Requirements for All Library and School Entities. (a) The governing body of every library entity and school entity shall develop and publicly post a written policy, after reasonable public notice and opportunity for comment at a public forum, that: (1) directly identifies all sexually explicit materials that are in view or within reach of children in any physical area of the facility or in any digital material accessible through an online account tied to a government entity; (2) requires written parental consent before any minor may access or view such materials; and (3) provides non-explicit alternative materials or assignments when consent is not given.
(b) The policy shall include a standard opt-in consent form that states: “By signing this document I am giving permission for my child to be provided books, handouts and instructional material that may include written or visual depictions of sexual conduct. Sexual conduct is defined in law as acts of masturbation, sexual intercourse, sexual bestiality or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if the person is a female, breast.”
(c) The opt-in form shall include a list of the specific book titles and materials that meet the definition of sexually explicit content and are scheduled to be used as part of curriculum, class discussion, or available within the library, school, or through any online account.
(d) The policy shall permit the parent or legal guardian of a student to review any instructional materials or library books containing sexually explicit content upon request.
(e) If the parent or legal guardian does not give permission or has not submitted a completed opt-in form, the child shall be provided with alternative non-explicit instructional materials and related activities.
(f) Consistent with the duty of adults under K.S.A. 21-6401 and K.S.A. 21-6402 to protect children from obscenity and material harmful to minors, all adults working in or supervising areas accessible to children shall take affirmative steps to prevent accidental exposure of minors to sexually explicit materials. Parents shall be notified of the materials prior to a child’s potential exposure through the opt-in mechanism. This requirement applies to all digital materials made available through any online account tied to a government entity.
Section 5. State Library Handbook Requirement. The State Library of Kansas shall revise the Kansas Public Library Handbook to address and incorporate the requirements of the Childhood Innocence and Parental Responsibility Protection Act. No policy, guidance, or handbook issued by the State Library may rely upon or incorporate any private organization’s standards or recommendations that conflict with the provisions of this act.
Section 6. Amendment to K.S.A. 21-6401. K.S.A. 21-6401 is hereby amended to read as follows: … (g) The affirmative defense provided in subsection (g)(2) shall not apply to any library entity or school entity that fails to comply with the policy requirements of the Childhood Innocence and Parental Responsibility Protection Act or that relies upon conflicting guidance from any private organization in a manner that violates this act.
Section 7. Amendment to K.S.A. 21-6402. K.S.A. 21-6402 is hereby amended to read as follows: … (c) The affirmative defense provided in subsection (c)(2) shall not apply to any library entity or school entity that fails to comply with the policy requirements of the Childhood Innocence and Parental Responsibility Protection Act or that relies upon conflicting guidance from any private organization in a manner that violates this act.
Section 8. Amendment to K.S.A. 12-1225. K.S.A. 12-1225 is hereby amended to add a new subsection: (e) Each library board shall adopt policies consistent with the Childhood Innocence and Parental Responsibility Protection Act and shall be responsible for ensuring compliance by library staff and any consortium in which the library participates. No library board may adopt or maintain any policy that incorporates or defers to private organizational guidelines that conflict with this act.
Section 9. Effective Date. This act shall take effect and be in force from and after its publication in the statute book and shall apply to the 2026-2027 school year and library fiscal year.
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