A PDF is not on file for this bill — the text is shown below instead.
Rep. Lynn, Rock. 17
Rep. Packard, Rock. 16
Rep. M. Pearson, Rock. 34
Rep. Terry, Belk. 7
March 21, 2023
2023-1146h
07/10
Floor Amendment to HB 10-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Declaration of Purpose. The general court reaffirms United States Supreme Court and New Hampshire Supreme Court rulings when it 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, including information relating to the minor child's health, wellbeing, and education, should not be withheld from the child's parents, either inadvertently or purposefully, unless there is a compelling reason to do so. 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; Parent’s Bill of Rights. Amend RSA by inserting after chapter 169-H the following new chapter:
CHAPTER 169-I
PARENT’S BILL OF RIGHTS
169-I:1 Short Title. This chapter may be cited as the Parent’s Bill of Rights.
169-I:2 Definitions. In this chapter:
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.
II. “Minor” means a person under the age of 18 years.
III. "Compelling state interest" means a circumstance wherein the physical safety of the child has been harmed or is threatened with harm of such a grave nature by the actions or inactions of the child’s parent or parents that the state or its agencies or instrumentalities are justified in acting to protect the child without the knowledge or consent of a parent or in withholding information about the child from the parent or parents. Potential or actual psychological or emotional injury to a child from a parent’s actual, threatened, or anticipated reaction to learning information about his or her child, including emotions such as anger, disappointment, sadness, disapproval or other behaviors does not constitute a compelling state interest for withholding information about the child from a parent, but such injury, if sufficiently serious, may constitute grounds for taking action against the parent for abuse or neglect under RSA chapter 169-C. Although there are many circumstances in which a state actor, such as a teacher or a school, may act in loco parentis, the mere fact that such a state actor is acting in this capacity is not sufficient to establish a compelling state interest. To establish a compelling state interest a state actor must be able to demonstrate the existence of actual or threatened physical harm to the child by clear and convincing evidence based on specific, detailed, and reliable information. Even when a compelling state interest exists, a state actor must use the means for satisfying the interest that is the least infringing to the parental rights described in this chapter and must do so only for the minimum time necessary to accomplish its objective.
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; any other institution; or any agents or employees of any of the foregoing, shall not infringe upon or violate on the fundamental rights of a parent, as delineated in RSA 169-I:4 or other law, to direct the upbringing, education, health care, and mental health care of his or her minor child without demonstrating that such action is reasonable and necessary to achieve a compelling state interest as defined in RSA 169-I:2, III.
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. Such parental rights include, 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 upbringing and the moral or religious training of their minor child.
(b) The right to direct the education of their minor child, including the right to choose to enroll their child in their assigned resident public school, a public charter school, an approved nonpublic school, home education program, or education freedom account program, per RSA 193:1 and RSA 194:F:1, et seq.
(c) The right to request their child be enrolled in a public school other than the public school assigned to them by their residence to avoid a manifest educational hardship, per RSA 193:3.
(d) The right to enroll their child in a private school, including a religious school, a home education program, or other available options, as authorized by law, as an alternative to public education, per RSA 193:1 and RSA 194:F-1, et seq.
(e) The right to obtain access for their child in public curricular courses and co-curricular programs offered by the local school district where the student resides while choosing to enroll their child in a non-public school, public charter school, home education or education freedom account program, per RSA 193:1-c; RSA 194-F:2, II (d).
(f) The right to inspect any instructional material used as part of the educational curriculum for the student. The procedures will provide reasonable access to instructional materials within a reasonable period of time after the request is received, per 20 U.S.C. section 1232h, (c)(1)(C).
(g) The right to exempt their minor child from immunizations per RSA 141-C:20-a and 141-C:20-c.
(h) The right to exempt their public-school student from participating in the required statewide assessments (English language arts, mathematics, and/or science), per RSA 193-C:6.
(i) The right to receive information regarding the level of achievement and academic growth of their child in each of the state academic assessments (English language arts, mathematics, and/or science), per Every Student Succeeds Act, Section 1112 (e)(1)(B)(i).
(j) The right to opt out of health or sex education under RSA 186:11, IX-b and any other objectionable material under RSA 186:11, IX-c.
(k) The right to access and review all education records relating to their minor children within 14 days after the day the school receives a request for access pursuant to RSA 189:66, IV and 34 C.F.R. section 99.5.
(l) The right to be promptly notified if a criminal offense has been committed against their minor child, unless the criminal activity was a simple assault involving students in kindergarten through grade 12, per RSA 193-D:4.
(m) The right to be notified whenever seclusion or restraint has been used on the child, per RSA 126-U:7.
(n) The right to be informed of the school district’s policy regarding discipline policies and procedures, per RSA 193:13.
(o) The right to be advised of any non-academic survey or questionnaire to be administered to students and the requirement that the parent consent to a child completing such a survey or questionnaire and the right to opt their child out of the Youth Risk Behavior Survey developed by the Centers for Disease Control and Prevention, per RSA 186:11, IX-d.
(p) The right to make health care decisions for their minor child, unless otherwise prohibited by law. This right includes decisions pertaining to end-of-life treatments and care for a child with a terminal condition. Additionally, this right includes the right to obtain multiple medical opinions and select the appropriate course of treatment for their children.
(q) The right to be physically present at any health care facility licensed pursuant to RSA 151:2 at which their minor child is receiving hospital care.
(r) The right to access and review all medical records of his or her minor child, unless prohibited by law; if the parent has been convicted of any crime against the minor child; or if the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement agency has requested of the applicable court that the information not be released.
(s) The right to consent in writing before a biometric scan of their minor child is made, shared, or stored, pursuant to RSA 189:65 and RSA 189:68.
(t) The right to consent in writing before any record of their minor child’s blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by law or authorized pursuant to a court order.
(u) 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 acting pursuant to the provisions of RSA 189:68, III- V, makes a video or voice recording of their 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 purpose of a safety demonstration, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles.
(v) The right to be informed of, and provide consent to, any medical procedure to be performed on their minor child, except when allowed under RSA 132:34 or RSA 141-C:18, and notwithstanding any emergency medical treatment the child may have already received.
(w) The right to be informed, upon inquiry, if their child is being called by any name other than the name under which the child was enrolled in the school.
(x) The right to be informed, upon inquiry, if the child, at or before the time of inquiry, is being identified as having a gender or pronouns other than that which was recorded or used when the child was enrolled.
(y) The right to know, upon inquiry, what extracurricular activities, clubs, or organizations their child is participating in or has participated in at or before the time of inquiry.
II. Federal law provides for additional parent and family involvement for schools that are receiving Title I, Part A; Title I, Part C (migrant); and Title III, Part A (EL) funds, including:
(a) The right to receive information, including student reports, in an understandable and uniform format and to the extent practicable, in a language that parents can understand, per Sections 1112(e)(4); 1114(b)(4); 1116(e)(5); and 1116(f).
(b) Upon request of the parent, the right to receive information regarding state qualifications of the student’s classroom teachers and paraprofessionals providing services to the child, per Section 1112(e)(1)(A)(i-ii).
(c) The right to receive an annual local educational agency report card that includes information on such agency as a whole and each school served by the agency, per Section 1111(h)(2)(A-B)(i-iii).
(d) The right to request that a student’s name, address, and telephone number not be released to military recruiters without prior written consent by the parents.
III. This section does not:
(a) Authorize a parent of a minor child to engage in conduct that is unlawful or to abuse or neglect his or her minor child in violation of law;
(b) Prohibit a court of competent jurisdiction, law enforcement officer, or employees of a government agency that is responsible for child welfare from acting in such person's official capacity within the reasonable and prudent scope of his or her authority, pursuant to RSA 186:11, IX-c.
IV. 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 that coerces a minor child to conceal a violation of this chapter from his or her parent shall be subject to disciplinary action.
V. The specific rights listed int his chapter do not comprise all of the inalienable parental rights possessed by the parent or parents of a minor child and nothing in this chapter shall be construed to restrict or limit any such rights that are not listed.
169-I:5 School Board Notification of Parent’s 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 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 the content of such courses so that the parent 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) The right of a parent to exempt his or her minor child from immunizations as per the provisions of RSA 141-C:20-a relative to immunizations.
(3) The right of a parent to receive statewide, standardized assessment results.
(4) 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.
(5) The right of a parent to inspect school district instructional materials.
(6) The right of a parent to access information relating to the school district’s policies.
(7) 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.
(8) 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.
(9) 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.
(10) The right of a parent to opt out of any district-level data collection relating to his or her minor child not required by federal or state law.
II. A school board may provide the information required in this section electronically or post such information on its website. Additionally, at the beginning of each new school year a school board shall provide to parents a written copy a document which shall be titled, "Parents’ Bill of Rights," which shall be consistent with this chapter, and which shall inform parents of the following:
(a) You have the right and expectation to question and address your child’s school officials via letters, electronic communications, and in person meetings including elected school board meetings. You also have the right to attend publicly designated meetings with proper notice of the meetings provided.
(b) You have the right and expectation to question and review curriculum taught in your child’s school by questioning your school board and school administrators during public comment periods at publicly designated meetings.
(c) You have the right and expectation that academic curriculum taught in your child’s school aligns with New Hampshire and federal law.
(d) You have the right and expectation to participate in the selection and approval of academic standard for the State of New Hampshire.
(e) You have the right and expectation to access educational materials and curriculum taught to your child in the classroom and school.
(f) You have the right to run as a candidate for your local school board.
(g) You have the right to make decisions regarding vaccinations and immunizations for your child.
(h) You have the right and expectation to make medical decisions on behalf of your child.
(i) You have the right and expectation to receive your child’s student health records.
(j) You have the right to receive special education services on behalf of your child with a disability.
III. A parent may request, in writing, from the district school superintendent the information required under this section pursuant to RSA 91-A.
169-I:6 Parental Consent for Health Care Services.
I. Except as otherwise provided by law or a court order, 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 or provide 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. This section does not apply to emergency services pursuant to RSA 153-A:18.
V. A health care practitioner or other person who violates this section is subject to disciplinary action.
169-I:7 Violations.
I. A knowing violation of any provision of this chapter by an individual shall constitute a class A misdemeanor.
II. Any parent claiming violation of any provision of this chapter may bring an action for injunctive relief and damages in the superior court 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; or any physician, clinician, therapist, counselor, or other person alleged to be responsible for or to have caused the violation. Should the parent prevail in such action, in addition to ordering other remedies, the court may award to the parent his or her reasonable attorneys’ fees and court costs, including such attorneys’ fees and court costs incurred in connection with an appeal to the supreme court.
III. Any teacher or administrator with certification to teach found to have knowingly violated any section of this chapter may have his or her teaching credentials suspended by the state board of education for up to one year for a first offense, and may have his or her credentials revoked for a subsequent offense. A school employee that is not a teacher may be placed on unpaid leave by the school district for some or all of the remainder of the school year for a first offense, and may have his or her employment terminated for a subsequent offense. Any contractor or third party employed by a school that knowingly violates any section of this chapter may be ordered to pay a civil penalty of up to $2,500 and be prohibited from working at all schools in the district for 1 year for a first violation, and may be ordered to pay a civil penalty of up to $5,000 plus be permanently barred from working at all schools in the district for a subsequent offense. Proceedings to enforce the provisions of this paragraph shall be held before the state board of education, which shall ensure that before making any findings or imposing any sanctions provided for herein the person or entity complained against is afforded a hearing and all other requirements of due process of law. A contractor aggrieved by the decision of the state board of education and entitled to a jury trial under the constitution and may appeal such decision to the superior court and obtain a jury trial in that forum.
IV. Any medical or mental health professional found guilty of knowingly violating any portion of this law may have his or her license suspended by the agency by which such person is licensed following such agency's usual disciplinary procedures for up to one year for a first offense and permanently revoked for a subsequent offense.
3 Effective Date. This act shall take effect 120 days after its passage.