Parents could sue governments over hidden child information, with $500,000 minimum damages

Schools and their employees could not help a child socially transition without written consent from each parent, and could not withhold information about the child from a parent. This applies to the state, local governments, schools, and other institutions and their employees, and covers parents of minor children. Social transitioning includes using a name, nickname, or pronouns that do not match the child's sex. Parents may request and review the child's complete educational record, including grades, counseling, psychological, and health records kept by the school. Encouraging or pressuring a child to hide information from a parent is grounds to discipline an employee, except for law enforcement who have probable cause the parent committed a crime against the child. A good-faith delay of up to five business days to check that information is accurate does not count as withholding.

Parents could sue a government entity or official that interferes with their right to direct their child's upbringing, education, health care, or mental health care, and the government would carry the burden of proof. This applies to the state, local governments, other government entities, and officials acting under color of law. Either parent may sue alone. The government must prove the interference is essential to a compelling interest of the highest order and uses the least restrictive method. If the government loses, courts must award appropriate relief. The entity owes at least $500,000 per instance and an official personally owes at least $20,000 per instance, and public money cannot be used to cover the official's share. The state and local governments give up claims to sovereign, qualified, and discretionary immunity for violations. Repeated similar acts against the same child and right within one school year or 12 months count as at least one instance.

A parent could sue an employee who encouraged or tried to get a child to withhold information from the parent, and could sue a government or institution that has a policy allowing this. This applies to employees, governments, and institutions, including schools, and to parents of minor children. Either parent may sue alone. An employee who is found liable owes at least $20,000 per instance, and an entity with such a policy owes at least $500,000 per instance. The employer cannot reimburse the employee with public money. A parent can show a policy through written documents, direction or advice from a supervisor, or employees regularly doing it. Each instance is a separate claim, and failing to follow a parent's express request or hiding the issue is a new violation. A parent must sue within five years after the conduct stopped and the parent became aware of it.

Governments and institutions, including schools, would have to investigate past instances of encouraging a child to withhold information from a parent and tell the parents about any they know of. This applies to the state, local governments, other government entities, institutions including schools, and their employees. A violation they did not disclose creates civil liability if it was actually known or would have been found with reasonable diligence. The entity owes at least $500,000 per undisclosed instance and an employee personally owes at least $20,000, and public money cannot be used to cover the employee or an insurance policy. The investigation is due within six months after the effective date of this amendment, and covers conduct before that date.