Parents would approve specified health care and school lessons for their minor children, access school records, and consent to certain names, with legal exceptions.
Parents would have protected rights to guide their children's upbringing, schooling, and care. Substantial interference would require a compelling government reason and the least restrictive approach.
Parents would need to consent to covered medical and mental health care for their children. Emergency checks, delegated parental authority, and a separate state-law exception would allow care without direct parental consent.
Schools would require parental consent for specified sexuality and gender identity lessons and use of certain names. Parents could withdraw children from lessons they consider harmful.
Parents would have access to school records. School and government employees could not hide covered information or encourage children to hide it, with exceptions under specified laws and for criminal investigations.
Parents could challenge violations through school complaints and court cases. Successful cases could bring damages and legal fees, including $5,000 per violation through the school complaint route.
People and government bodies would need a compelling government reason to substantially burden parents' rights, and would have to use the least restrictive approach. Parents' rights would cover upbringing, education, care, medical records, religious training, and school absences for religious purposes. Consent rights would cover biometric scans, blood or DNA records, and government audio or video recordings. These rights would not permit abuse, neglect, or ending a child's life, or prevent police and the Department of Social Services from carrying out their legal duties. Blood or DNA records could be authorized by court order. Government recording exceptions cover investigations, court proceedings, security systems, identification cards, and public events where children have no reasonable expectation of privacy.
People and organizations would need parental consent before arranging, referring children for, or providing the covered care. The requirement covers surgery, medical examinations, mental health evaluations and treatment, and prescribing or dispensing prescription medicines for minor children. Licensed health professionals acting within their permitted practice could examine a child to determine whether emergency care is needed, or provide care allowed under section 20-9-4.2. Care could proceed when an accompanying person has signed parental permission to make health decisions, or a professional relies in good faith on a person's statement that the parent granted that authority. Consent would be required before covered care is arranged or provided, including referrals.
School boards would adopt parent involvement policies after consulting parents, teachers, and administrators. The policies would cover parents of minor children enrolled in school districts. Parents could review courses, learn about clubs and activities, and withdraw children from them. They could also object to lessons and withdraw children from instruction they consider harmful. Consent would cover sexuality instruction and instruction about gender identity apart from biological sex. It would also cover names other than a child's legal name or a shortened or derived version. Public colleges would be excluded from these school requirements. Parents would retain rights as applied to school districts for courses jointly offered with public colleges.
School districts would give parents access to children's records. School and government employees would face limits on hiding information or encouraging children to hide it. School rules cover records held by districts and service providers, plus information about activities, health, and gender identity. Government employees could not hide health information or encourage children to withhold information from parents. School access and disclosure rules would have an exception under section 26-8A-13. General government employee rules would except police conducting criminal investigations and actions otherwise allowed by law. State employees would promptly notify parents of suspected abuse, neglect, or other crimes against their children by someone other than the parent, unless notification would interfere with an investigation. Public colleges would be excluded from the school rules. Parents would retain rights as applied to school districts for courses jointly offered with public colleges.
Parents could complain about school violations, sue over violations of these rights, or use the rights as a defense in court or an administrative proceeding. The broader court remedy covers violations throughout these provisions. The school complaint process covers parent involvement policies, records, and disclosure. The school complaint route would allow a lawsuit if the board's remedy plan fails to resolve the complaint. Successful claims or defenses could bring court orders, $5,000 per violation, and legal fees. The broader lawsuit provision would allow court orders, payment for harm suffered, and legal fees. State and local governments would cover employees' liability and judgments, but would not have to do so if an employee was convicted of a crime arising from the conduct. The superintendent would investigate and respond within 14 days of receiving a complaint. On appeal, the board would adopt a remedy plan at its first meeting after receiving the complaint.
No hearings or votes scheduled.