BillCam

HB 1431-FN-LOCAL - AS INTRODUCED

2022 SESSION

22-2285

07/10

HOUSE BILL 1431-FN-LOCAL

AN ACT establishing the parental bill of rights.

SPONSORS: Rep. Terry, Belk. 5; Rep. Greeson, Graf. 16; Rep. Potucek, Rock. 6; Rep. Littlefield, Belk. 3; Rep. Hough, Belk. 3; Rep. Alliegro, Graf. 7; Rep. Ankarberg, Straf. 10; Rep. Johnson, Belk. 3; Rep. Silber, Belk. 2; Rep. Blasek, Hills. 21; Sen. Giuda, Dist 2

COMMITTEE: Children and Family Law

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ANALYSIS

This bill establishes a parental bill of rights, a framework for notice of, and to report violations of, such rights, and consequences for affirmative findings of violations.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2285

07/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT establishing the parental bill of rights.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Declaration of Purpose. The general court finds that it is a fundamental right of parents to direct the upbringing, education, and care of their minor children. The general court further finds that important information relating to a minor child should not be withheld, either inadvertently or purposefully, from his or her parent, including information relating to the minor child’s health, well-being, and education, while the minor child is in the custody of the school district. The general court further finds it is necessary to establish a consistent mechanism for parents to be notified of information relating to the health and well-being of their minor children.

2 New Chapter; Parental Bill of Rights. Amend RSA by inserting after chapter 169-H the following new chapter:

CHAPTER 169-I

PARENTAL BILL OF RIGHTS

169-I:1 Short Title. This chapter may be cited as the Parents' Bill of Rights.

169-I:2 Definitions.

I. "Parent" means a person who has legal custody of a minor child as a natural or adoptive parent or a legal guardian, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment.

169-I:3 Infringement of Parental Rights Prohibited. The state, any of its political subdivisions, including, without limitation, any school board, school district, or school administrative unit, any other governmental entity, or any other institution may not infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child without demonstrating that such action is reasonable and necessary to achieve a compelling state interest and that such action is narrowly tailored and is not otherwise served by a less restrictive means.

169-I:4 Parental Rights.

I. All parental rights are reserved to the parent of a minor child in this state without obstruction or interference from the state, any of its political subdivisions, including, without limitation, any school board, school district, or school administrative unit, any other governmental entity, or any other institution, including, but not limited to, all of the following rights of a parent of a minor child in this state:

(a) The right to direct the education and care of his or her minor child.

(b) The right to direct the upbringing and the moral or religious training of his or her minor child.

(c) The right to apply to enroll his or her minor child in a public school or, as an alternative to public education, a private school, including a religious school, a home education program, or other available options, as authorized by law.

(d) The right to access and review all school records relating to his or her minor child.

(e) The right to make health care decisions for his or her minor child, unless otherwise prohibited by law.

(f) The right to access and review all medical records of his or her minor child, unless prohibited by law or if the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement agency or official requests that the information not be released.

(g) The right to consent in writing before a biometric scan of his or her minor child is made, shared, or stored.

(h) The right to consent in writing before any record of his or her minor child’s blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by general law or authorized pursuant to a court order.

(i) The right to consent in writing before the state or any of its political subdivisions, including, without limitation, any school board, school district, or school administrative unit, makes a video or voice recording of his or her minor child unless such recording is made during or as part of a court proceeding or is made as part of a forensic interview in a criminal or other investigation by the bureau of child protective services or is to be used solely for the following purposes:

(1) A safety demonstration, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles;

(2) A purpose related to a legitimate academic or extracurricular activity;

(3) A purpose related to regular classroom instructions;

(4) Security or surveillance of buildings or grounds; or

(5) A photo identification card.

(j) The right to be notified promptly if an employee of the state, any of its political subdivisions, any other governmental entity, or any other institution suspects that a criminal offense has been committed against his or her minor child, unless the incident has first been reported to law enforcement or the bureau of child protective services and notifying the parent would impede the investigation.

II. This section does not:

(a) Authorize a parent of a minor child in this state to engage in conduct that is unlawful or to abuse or neglect his or her minor child in violation of general law;

(b) Condone, authorize, approve, or apply to a parental action or decision that would end life;

(c) Prohibit a court of competent jurisdiction, law enforcement officer, or employees of a government agency that is responsible for child welfare from acting in his or her official capacity within the reasonable and prudent scope of his or her authority; or

(d) Prohibit a court of competent jurisdiction from issuing an order that is otherwise permitted by law.

III. An employee of the state, any of its political subdivisions, including, without limitation, any school board, school district, or school administrative unit, or any other governmental entity who encourages or coerces, or attempts to encourage or coerce, a minor child to withhold information from his or her parent may be subject to disciplinary action.

IV. A parent of a minor child in this state has inalienable rights that are more comprehensive than those listed in this section, unless such rights have been legally waived or terminated. This chapter does not prescribe all rights to a parent of a minor child in this state. Unless required by law, the rights of a parent of a minor child in this state may not be limited or denied. This chapter may not be construed to apply to a parental action or decision that would end life.

169-I:5 School Board Notifications on Parental Rights.

I. Each school board, school district, or school administrative unit shall, in consultation with parents, teachers, and administrators, develop, adopt and promulgate publicly a policy to promote parental involvement in the public school system. Such policy must include:

(a) A plan for parental participation in schools to improve parent and teacher cooperation in such areas as homework, school attendance, and discipline.

(b) A procedure for a parent to learn about his or her minor child’s course of study, including the source of any supplemental education materials.

(c) Procedures, for a parent to object to instructional materials and other materials used in the classroom. Such objections may be based on beliefs regarding morality, sex, and religion or the belief that such materials are harmful. For purposes of this section, the term “instructional materials” shall include, without limitation, all materials used in the classroom, including workbooks and worksheets, handouts, software, applications, and any digital media made available to students.

(d) Procedures for a parent to withdraw his or her minor child from any portion of the school district’s health education program that relates to sex education or instruction in acquired immune deficiency syndrome education or any instruction regarding sexuality if the parent provides a written objection to his or her minor child’s participation. Such procedures must provide for a parent to be notified in advance of such course content so that he or she may withdraw his or her minor child from those portions of the course.

(e) Procedures for a parent to learn about the nature and purpose of clubs and activities offered at his or her minor child’s school, including those that are extracurricular or part of the school curriculum.

(f) Procedures for a parent to learn about parental rights and responsibilities under general law, including all of the following:

(1) The right to opt his or her minor child out of any portion of the school district’s health education program that relates to sex education instruction in acquired immune deficiency syndrome education or any instruction regarding sexuality.

(2) A plan to disseminate information about school choice options, including open enrollment.

(3) The right of a parent to exempt his or her minor child from immunizations.

(4) The right of a parent to review statewide, standardized assessment results.

(5) The right of a parent to enroll his or her minor child in gifted or special education programs if the child qualifies for such programs.

(6) The right of a parent to inspect school district instructional materials.

(7) The right of a parent to access information relating to the school district’s policies for promotion or retention, including high school graduation requirements.

(8) The right of a parent to receive a school report card and be informed of his or her minor child’s attendance requirements and compliance with such requirements.

(9) The right of a parent to access information relating to the state public education system, state standards, report card requirements, attendance requirements, and instructional materials requirements.

(10) The right of a parent to participate in parent-teacher associations and organizations that are sanctioned by a school board or the Department of Education.

(11) The right of a parent to opt out of any district-level data collection relating to his or her minor child not required by law.

II. A school board may provide the information required in this section electronically or post such information on its website.

III. A parent may request, in writing, from the district school superintendent the information required under this section. Within 10 days, the district school superintendent must provide such information to the parent. If the district school superintendent denies a parent’s request for information or does not respond to the parent’s request within 10 days, the parent may appeal the denial to the school board. The school board must place a parent’s appeal on the agenda for its next public meeting. If it is too late for a parent’s appeal to appear on the next agenda, the appeal must be included on the agenda for the subsequent meeting. If a parent is dissatisfied with the results of such an appeal, or such an appeal does not take place in a timely fashion as required by this subsection, the aggrieved parent may appeal the matter in a superior court having jurisdiction over the applicable school district, which shall have jurisdiction to hear such appeal and if it finds in favor of the parent, it may award to the parent his or her reasonable attorneys’ fees and court costs, including sch attorneys’ fees and court costs on appeal to the state’s supreme court.

169-I:6 Parental Consent for Health Care Services.

I. Except as otherwise provided by law, a health care practitioner or an individual employed by such health care practitioner may not provide or solicit or arrange to provide health care services or prescribe medicinal drugs to a minor child without first obtaining written parental consent.

II. Except as otherwise provided by law or a court order, a health care provider may not allow a medical procedure to be performed on a minor child in its facility without first obtaining written parental consent.

III. This section does not apply to services provided by a clinical laboratory, unless the services are delivered through a direct encounter with the minor at the clinical laboratory facility.

IV. A health care practitioner or other person who violates this section is subject to disciplinary action, and such a violation constitutes a class A misdemeanor.

169-I:7 Violations.

I. A violation of any provision of this chapter by an individual shall constitute a class A misdemeanor.

II. Any parent claiming violation of any provisions of this chapter may bring an action for injunctive relief and damages against the state or any of its political subdivisions, including, without limitation, any school board, school district, or school administrative unit, any other governmental entity, the parent claims has violated this chapter in the superior court having jurisdiction over the relevant individual or the state or any of its political subdivisions, including, without limitation, any school board, school district, or school administrative unit, any other governmental entity, and if the court finds in favor of the parent, it may award to the parent his or her reasonable attorneys’ fees and court costs, including sch attorneys’ fees and court costs on appeal to the state’s supreme court.

3 Effective Date. This act shall take effect January 1, 2023.

LBA

22-2285

11/9/21

HB 1431-FN-LOCAL- FISCAL NOTE

AS INTRODUCED

AN ACT establishing the parental bill of rights.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

Appropriation

Revenue

Expenditures

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

METHODOLOGY:

This bill establishes a parental bill of rights, a framework for notice of, and to report violations

of, such rights, and consequences for affirmative findings of violations.

The Judicial Branch indicates this bill provides that any violation by an individual shall constitute a class A misdemeanor. The bill also authorizes any parent to bring an action for injunctive relief and damages in superior court, and would authorize the court to award a parent fees and costs. The Branch assumes that, if this bill is enacted, there would be an increase in criminal complaints and civil petitions filed in Superior Court and an increase in the number of appeals taken to the Supreme Court. The Judicial Branch is unable to estimate the number of such new complaints and petitions, and the fiscal impact is therefore indeterminable.

AGENCIES CONTACTED:

Judicial Branch