2024 -- S 2424 | |
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LC003722 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY - PARENTS BILL OF RIGHTS ACT | |
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Introduced By: Senators E Morgan, DeLuca, Rogers, Paolino, de la Cruz, Ciccone, | |
Date Introduced: February 12, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 100 |
4 | PARENTS BILL OF RIGHTS ACT |
5 | 23-100-1. Short title. |
6 | This chapter shall be known and may be cited as the "Parents Bill of Rights Act". |
7 | 23-100-2. Legislative findings. |
8 | The general assembly finds that it is a fundamental right of parents to direct the upbringing, |
9 | education, and care of their minor children. The general assembly further finds that important |
10 | information relating to a minor child should not be withheld, either inadvertently or purposefully, |
11 | from their parents, including information relating to the minor child's health, well-being, and |
12 | education, while the minor child is in the custody of the school district. The general assembly |
13 | further finds it is necessary to establish a consistent mechanism for parents to be notified of |
14 | information relating to the health and well-being of their minor children. |
15 | 23-100-3. Infringement of parental rights. |
16 | (a) The state, any of its political subdivisions, any other governmental entity, or any other |
17 | institution may not infringe on the fundamental rights of a parent to direct the upbringing, |
18 | education, health care, and mental health of their minor child without demonstrating that such |
19 | action is reasonable and necessary to achieve a compelling state interest and that such action is |
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1 | narrowly tailored and is not otherwise served by a less restrictive means. |
2 | (b) For purposes of this chapter, the term "parent" means a person who has legal custody |
3 | of a minor child as a natural or adoptive parent or a legal guardian. |
4 | 23-100-4. Parental rights. |
5 | (a) All parental rights are reserved to the parent of a minor child in this state without |
6 | obstruction or interference from the state, any of its political subdivisions, any other governmental |
7 | entity, or any other institution, including, but not limited to, all of the following: |
8 | (1) The right to direct the education and care of their minor child. |
9 | (2) The right to direct the upbringing and the moral and religious training of their minor |
10 | child. |
11 | (3) The right to apply to enroll their minor child in a public school or, as an alternative to |
12 | public education, a private school, including a religious school, a home education program, or other |
13 | available options, as authorized by law. |
14 | (4) The right to access and review all school records relating to their minor child. |
15 | (5) The right to make health care decisions for their minor child, unless otherwise provided |
16 | by law. |
17 | (6) The right to access and review all medical records of their minor child unless prohibited |
18 | by law, or if the parent is the subject of an investigation of a crime committed against the minor |
19 | child the records may be withheld, if a law enforcement agency or official upon application to a |
20 | court of competent jurisdiction obtains an order that the information is not to be released. |
21 | (7) The right to consent in writing before a biometric scan of their minor child is made, |
22 | shared, or stored. |
23 | (8) The right to consent in writing before any record of their minor child's blood or |
24 | deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by law or authorized |
25 | pursuant to a court order. |
26 | (9) The right to consent in writing before the state or any of its political subdivisions makes |
27 | a video or voice recording of their minor child unless such recording is made during or as part of a |
28 | court proceeding or is made as part of a forensic interview in a criminal or department of children, |
29 | youth and families investigation or is to be used solely for the following: |
30 | (i) A safety demonstration, including the maintenance of order and discipline in the |
31 | common areas of a school or on student transportation vehicles; |
32 | (ii) A purpose related to a legitimate academic or extracurricular activity; |
33 | (iii) A purpose related to regular classroom instructions; |
34 | (iv) Security or surveillance of buildings or grounds; or |
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1 | (v) A photo identification card. |
2 | (10) The right to be notified promptly if an employee of the state, any of its political |
3 | subdivisions, any other governmental entity, or any other institution suspects that a criminal offense |
4 | has been committed against their minor child, unless the incident has first been reported to law |
5 | enforcement or the department of children, youth and families and notifying the parents would |
6 | impede the investigation. |
7 | (b) This section does not: |
8 | (1) Authorize a parent of a minor child in this state to engage in conduct that is unlawful |
9 | or to abuse or neglect their minor child in violation of law; |
10 | (2) Condone, authorize, approve, or apply to a parental action or decision that would end |
11 | life; |
12 | (3) Prohibit a court of competent jurisdiction, law enforcement officer, or employees of a |
13 | government agency that is responsible for child welfare from acting in their official capacity within |
14 | the reasonable and prudent scope of their authority; or |
15 | (4) Prohibit a court of competent jurisdiction from issuing an order that is otherwise |
16 | permitted by law. |
17 | (c) An employee of the state, any of its political subdivisions, or any other governmental |
18 | entity who encourages or coerces, or attempts to encourage or coerce, a minor child to withhold |
19 | information from their parent may be subject to disciplinary action. |
20 | (d) A parent of a minor child in this state has inalienable rights that are more comprehensive |
21 | than those listed in this section, unless such rights have been legally waived or terminated. This |
22 | chapter does not prescribe all rights to a parent of a minor child in this state. Unless required by |
23 | law, the rights of a parent of a minor child in this state may not be limited or denied. This chapter |
24 | may not be construed to apply to a parental action or decision that would end life. |
25 | 23-100-5. Parental consent for health care services. |
26 | (a) Except as otherwise provided by law, a health care provider or professional, as defined |
27 | in § 27-19-1, or an individual employed by such health care practitioner may not provide or solicit |
28 | or arrange to provide health care services or prescribe medicinal drugs to a minor child without |
29 | first obtaining written parental consent. |
30 | (b) Except as otherwise provided by law or a court order, a health care provider may not |
31 | allow a medical procedure to be performed on a minor child in its facility without first obtaining |
32 | written parental consent. |
33 | (c) This section does not apply to an abortion, which is governed by chapter 4.13 of title |
34 | 23. |
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1 | (d) This section does not apply to services provided by a clinical laboratory, unless the |
2 | services are delivered through a direct encounter with the minor at the clinical laboratory facility. |
3 | For purposes of this subsection, the term "clinical laboratory" has the same meaning as provided in |
4 | § 23-16.2-2. |
5 | 23-100-6. Penalties. |
6 | Any health care provider, professional or other person who violates this section is subject |
7 | to disciplinary action pursuant to chapter 37 of title 5, as applicable, and commits a misdemeanor |
8 | punishable by imprisonment for a term not exceeding one year or by a fine of not more than one |
9 | thousand dollars ($1,000) and/or an administrative fine of one thousand dollars ($1,000) for each |
10 | violation, as applicable. |
11 | SECTION 2. Chapter 16-71 of the General Laws entitled "The Rhode Island Educational |
12 | Records Bill of Rights" is hereby amended by adding thereto the following section: |
13 | 16-71-7. School district notifications on parental rights. |
14 | (a) Each district school board shall, in consultation with parents, teachers, and |
15 | administrators, develop and adopt a policy to promote parental involvement in the public school |
16 | system. Such policy shall include: |
17 | (1) A plan for parental participation in schools to improve parent and teacher cooperation |
18 | in such areas as homework, school attendance, and discipline. |
19 | (2) A procedure for parents to learn about their minor child's course of study, including the |
20 | source of any supplemental education materials. |
21 | (3) Procedures for parents to object to curriculum materials to be considered for use |
22 | pursuant to the provisions of chapter 22 of title 16, and other materials used in the classroom. Such |
23 | objections may be based on beliefs regarding morality, sex, and religion or the belief that such |
24 | materials are harmful. For purposes of this chapter, curriculum may include other materials used in |
25 | the classroom, including workbooks and worksheets, handouts, software, applications, and any |
26 | digital media made available to students. |
27 | (4) Procedures, pursuant to § 16-22-18, for a parent to withdraw their minor child from any |
28 | portion of the school district's comprehensive health education required that relates to sex education |
29 | or instruction in acquired immune deficiency syndrome education or any instruction regarding |
30 | sexuality if the parent provides a written objection to their minor child's participation. Such |
31 | procedures shall provide for a parent to be notified in advance of such course content in order that |
32 | they may withdraw their minor child from those portions of the course. |
33 | (5) Procedures for a parent to learn about the nature and purpose of clubs and activities |
34 | offered at their minor child's school, including those clubs and activities that are extracurricular or |
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1 | part of the school curriculum. |
2 | (6) Procedures for parents to learn about parental rights and responsibilities under the law, |
3 | including all of the following: |
4 | (i) Pursuant to § 16-22-18 the right to opt their minor child out of any portion of the school |
5 | district's comprehensive health education that relates to sex education instruction in acquired |
6 | immune deficiency syndrome education or any instruction regarding sexuality. |
7 | (ii) A plan to disseminate information, about school choice options, including open |
8 | enrollment. |
9 | (iii) In accordance with § 16-38-2, the right of a parent to exempt their minor child from |
10 | immunizations. |
11 | (iv) The right of a parent to review statewide, standardized assessment results. |
12 | (v) The right of a parent to enroll their minor child in gifted or special education programs. |
13 | (vi) The right of a parent to inspect school district instructional materials. |
14 | (vii) The right of a parent to access information relating to the school district's policies for |
15 | promotion or retention, including high school graduation requirements. |
16 | (viii) The right of a parent to receive a school report card and be informed of their minor |
17 | child's attendance requirements. |
18 | (ix) The right of a parent to access information relating to the state public education system, |
19 | state standards, report card requirements, attendance requirements, and instructional materials |
20 | requirements. |
21 | (x) The right of a parent to participate in parent-teacher associations and organizations that |
22 | are sanctioned by a district school board or the department of education. |
23 | (xi) The right of a parent to opt out of any district-level data collection relating to their |
24 | minor child not required by law. |
25 | (b) A district school board may provide the information required in this section |
26 | electronically or post such information on its website. |
27 | (c) A parent may request, in writing, from the district school superintendent the information |
28 | set forth in and required under this section. Within ten (10) days, the district school superintendent |
29 | shall provide the information to the parent. If the district school superintendent denies a parent's |
30 | request for information or does not respond to the parent's request within ten (10) days, the parent |
31 | may appeal the denial to the district school board. If possible, the district school board shall place |
32 | a parent's appeal on the agenda for its next public meeting. If it is too late for a parent's appeal to |
33 | appear on the next agenda, the appeal shall be included on the agenda for the subsequent meeting. |
34 | (d) The governing body of a school who violates or allows the violation of this section shall |
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1 | be liable for a civil penalty, not less than one thousand dollars ($1,000) per instance. This penalty |
2 | shall be assessed and recovered in a civil action brought by the attorney general in any court of |
3 | competent jurisdiction. Any penalty assessed and recovered in an action brought pursuant to this |
4 | subsection shall be paid to the general treasurer and added to the general fund. |
5 | SECTION 3. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY - PARENTS BILL OF RIGHTS ACT | |
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1 | This act would provide for a parents' bill of rights preventing the state or any governmental |
2 | entity from infringing on the fundamental rights of parents in the upbringing of their children. The |
3 | act would spell out the rights of parents with respect to the health, education and welfare of their |
4 | minor children. Violations of the act would result in civil, criminal and/or administrative penalties. |
5 | This act would take effect upon passage. |
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