SF5257

Purpose

This bill codifies a “Parents Bill of Rights” to protect and elevate the role of parents in decisions about their minor child’s education, upbringing, and health care. It states that the state, its political subdivisions, and other government entities cannot infringe on a parent’s fundamental rights in these areas and aims to set clear rules for when parental consent is required for actions involving a minor.

Key terms and definitions

• minor child: a person 17 years of age or younger
• parent: the natural or adoptive parent or legal guardian of a minor child

Main provisions

• Parental rights are protected and reserved

  • The state and its subdivisions cannot infringe on a parent’s right to direct the minor child’s upbringing, education, and physical and mental health care.
  • Parents have the right to direct:
  • the minor child’s education (whether in public, charter, private, or home education)
  • access to and oversight of the minor child’s school records
  • the minor child’s upbringing and moral or religious training

• Informed consent and decision-making in health care

  • Parents have informed consent authority in making health care decisions for the minor, including choosing the health care team and deciding to accept or decline biological, pharmaceutical, and other interventions, in coordination with the health care team.
  • Written consent is required before any physical or mental health examinations, unless a medical emergency is needed to save the child’s life.
  • Written consent is required before any pharmaceutical, surgical, or therapeutic interventions, unless a medical emergency is needed to save the child’s life.
  • Written consent is required before any biometric scan of the minor (shared or stored).
  • Written consent is required before any record of the minor child’s blood or DNA is shared or stored, unless legally required or court-ordered.

• Privacy and records

  • Written consent is required before the state or any subdivision makes video or voice recordings of the minor child, with limited exceptions for purposes such as maintaining order, academic/extracurricular activities, classroom instruction, security, or identification cards.

• Education records and surveillance

  • The bill emphasizes the parent’s right to access and review all school-related records and to be involved in privacy decisions about those records.

• Safety, reporting, and discipline

  • If someone suspects a crime against the minor child by someone other than a parent, the parent must be notified promptly.
  • Attempts to coax a minor to withhold information from a parent or to discriminate against a parent for exercising these rights can be grounds for discipline of a government employee or entity.

• Limits and exceptions

  • The act does not authorize abuse or neglect of a minor (as defined by state law) and does not apply to parental actions that would end a life.
  • Courts, law enforcement, and government agencies may still act in their official roles within their authority; the bill does not remove those duties.
  • The act does not set out every possible parental right, and the listed rights are not necessarily the only rights a parent has.
  • Unless required by law, a parent’s rights should not be limited or denied.

Significant changes to existing law

• Codifies a formal, statewide standard recognizing and protecting a broad set of parental rights in education, health care, and privacy.
• Introduces explicit requirements for written parental consent before many actions involving a minor (health care decisions, biometric data, medical records, and recordings).
• Heightens accountability for government employees and institutions by creating grounds for discipline when parental rights are coerced or discriminated against.
• Clarifies that parental rights are inalienable and more comprehensive than the rights listed, while preserving necessary exceptions for emergencies and for official duties of courts and public agencies.

Practical implications

• Schools and state agencies may need to implement processes to obtain written parental consent for various actions and to provide access to records.
• Decisions about a minor’s education, health care, and privacy may more often require parental involvement and approval.
• There could be an increased emphasis on parental notification and engagement in decisions that affect a minor.

Relevant Terms - Parents Bill of Rights - minor child, 17 years or younger - parent, natural/adoptive guardian - directed education and upbringing - moral or religious training - informed consent - health care decisions, health care team - physical or mental health examinations - pharmaceutical, surgical, therapeutic interventions - biometric scan - blood or DNA records - video or voice recording - school records privacy - written consent - disciplinary grounds for government employees - inalienable rights - not a life-ending decision exception - emergencies - official capacity of courts and agencies