HB 87

ON APRIL 3, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 134, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, enact the "The Learning Pod Protection Act, "" which makes the following revisions to present law:  Provides that the purpose of the Act is to allow parents to voluntarily participate in or associate with learning pods to advance the parents' children's K-12 education without being subject to regulation. As used in the Act, a "" l earning pod"" means a voluntary association of parents who are choosing to group their children together at various times or places to participate in, or enhance, their child's K-12 education, regardless of whether payment is made for any services provided to the children participating in the learning pod. However, a ""learning pod"" is not a c hurch-related school, home school, or private school .  Prohibits the state, a local government, or an LEA from regulat ing or control ling a learning pod. A learning pod is exempt from state and local regulation pertaining to education or educational facilities in this state, including, but not limited to, all of the following :  All provisions of education laws of this state and state board of education or department of education rules, policies, and guidelines .  Local and state building or fire codes, and any rules of the department of commerce and insurance, division of fire prevention, on fire prevention applicable to educational facilities. A facility, home, or other structure used by a learning pod must meet the building and fire safety standards for the building's primary use and must be equipped with smoke alarms or smoke detection system. If the facility, home, or other structure contains a fuel-burning appliance or has an attached garage, then carbon monoxide alarms must be installed in the facility, home, or structure .  Any other state or local statute, rule, or code that would not be applicable to a group, building, or facility but for the operation or presence of a learning pod. The presence of a learning pod does not constitute a change in occupancy.  Prohibits a state, local, or LEA employee from initiat ing or conduct ing any site inspection or other investigation or visit of a property, building, facility, or location being used by a learning pod that would not have been initiated or made but for the operation or presence of a learning pod.  Prohibits an LEA from tak ing any action or otherwise discriminat ing against or distinguish ing a student or parent on the basis of their participation in a learning pod.  Prohibits a state agency, local government, or LEA from requir ing a learning pod to register or otherwise report its existence or any information related to the operation or activities of the learning pod to the state agency, local government, or LEA.  Provides that a child who participates in a learning pod satisfies the compulsory school attendance requirements applicable to the child if the child is enrolled in a public school, a church-related school, or a private school. However, i f a child is not enrolled in a public school, church-related school, or private school, then the child's parent must comply with the attendance requirements of homeschools for the child's participation in a learning pod.  Provides that all of the following burdens of proof apply to administrative or judicial hearings or other actions regarding th e Act:  Questions regarding compliance with any law, rule, policy, guideline, or standard of this state, a local government, or an LEA, and questions regarding any other action taken with regard to the Act, are judicial questions that must be determined without regard to any assertion of compliance or noncompliance with the Act.  The state, a local government, or an LEA that adopted the law, rule, policy, guideline, or standard, or that took an action with regard to a learning pod, including the parents and students participating in a learning pod, is required to establish by clear and convincing evidence that the law, rule, policy, guideline, standard, or action (i) does not unduly impede the freedom of parents or guardians to provide care for, and supervision of, their children; (ii) does not single out educational activities while similar gatherings of children for recreational or social activities remain unregulated; (iii) is narrowly tailored to protect the public health and safety; and (iv) does not otherwise conflict with the Act ."