Text of AL HB 354 (2023)

HB354 INTRODUCED Page 0 MTRR11-1 By Representatives Butler, Stadthagen, Gidley, Lamb, Shirey, Lipscomb, Givens, Sells, Mooney, Bolton RFD: Education Policy First Read: 20-Apr-23 1 2 3 4 5 6 MTRR11-1 02/10/2023 GP (L) ma 2023-144 Page 1 SYNOPSIS: Under existing law, classroom instructions or discussions may not be provided to public school students in kindergarten through fifth grade in a manner that is not age or developmentally appropriate. This bill would provide that classroom instruction or discussions related to gender identity or sexual orientation may not be provided to public school students in kindergarten through eighth grade or to public school students in a manner that is not age or developmentally appropriate. This bill would require the State Board of Education to adopt procedures for notifying a student's parent if there is a change in the student's services or monitoring relating to the student's mental, emotional, or physical health, and would prohibit local boards of education from adopting policies to the contrary. This bill would require each local board of education, at the beginning of each school year, to notify parents of the health care services available to students, and allow parents to opt their child out of any health care service. This bill would provide that a local board of education shall obtain a parent's permission before 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB354 INTRODUCED HB354 INTRODUCED Page 2 administering certain health screenings or questionnaires to a student. This bill would also provide that, if a parent is concerned with his or her child's school as it pertains to this bill, he or she may notify the principal of the concern and, if the concern is not resolved, seek the appointment of a special magistrate appointed by the State Superintendent of Education to recommend a resolution to the issue or bring a cause of action against the local board of education. A BILL TO BE ENTITLED AN ACT Relating to education; to amend Section 2 of Act 2022-290, now appearing as Section 16-40A-5, Code of Alabama 1975; to prohibit classroom instruction related to gender identity or sexual orientation in public K-12 schools at certain grade levels and in any grade level in a manner that is not age or developmentally appropriate; to require parents to be notified if there is a change in services or monitoring relating to his or her child's mental, emotional, or physical health; to require parents to be notified of health care services available to students and to allow a parent to opt his or her child out; to require parental consent for certain 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB354 INTRODUCED HB354 INTRODUCED Page 3 health care screenings or questionnaires for K-12 students; to provide parents with procedures to express their concern with a local board of education's compliance with certain policies; and to provide a remedy in certain situations. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. (a) The State Board of Education by rule shall adopt procedures for notifying a student's parent if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being and a change in the school's ability to provide a safe and supportive learning environment for the student. The procedures must reinforce the fundamental rights of parents to make decisions regarding the upbringing and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his or her well-being with his or her parent or to facilitate discussion of the issue with the parent. The procedures may not prohibit parents from accessing any of their child's education and health records created, maintained, or used by the school district. (b) At the beginning of each school year, each local board of education shall notify parents of each health care service offered at their child's school and the option to withhold consent to or decline any specific service. Parental consent to a health care service does not waive the parent's right to access his or her child's health records or to be notified about a change in his or her child's services or monitoring as provided by this section. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 HB354 INTRODUCED HB354 INTRODUCED Page 4 (c) Before administering any student well-being questionnaire or health screening form to a student in kindergarten through eighth grade, a local board of education shall provide the questionnaire or health screening form to the student's parent and obtain the permission of the parent to administer the questionnaire or form. (d) A local board of education may not adopt procedures that prohibit school employees from notifying a parent about his or her child's mental, emotional, or physical health or well-being, or a change in related services or monitoring, or that encourage or have the effect of encouraging a student to withhold from a parent such information. School employees may not discourage or prohibit parental notification of and involvement in critical decisions affecting a student's mental, emotional, or physical health or well-being. (e) Each local board of education shall adopt procedures for a parent to notify the principal, or his or her designee, regarding concerns under this section or Section 16-40A-5, Code of Alabama 1975, at his or her child's school and the process for resolving those concerns within seven calendar days after notification by the parent. (1) At a minimum, the procedures must require that within 30 days after notification by the parent that the concern remains unresolved, the local board of education must either resolve the concern or provide a statement of the reasons for not resolving the concern. (2) If a concern is not resolved by the school district, a parent may: 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 HB354 INTRODUCED HB354 INTRODUCED Page 5 a. Request the State Superintendent of Education to appoint a special magistrate who is a member of the Alabama State Bar in good standing and who has at least five years of experience in administrative law. The special magistrate shall determine facts relating to the dispute over the school district procedure or practice, consider information provided by the school district, and render a recommended decision for resolution to the State Board of Education within 30 days after receipt of the request by the parent. The State Board of Education shall approve or reject the recommended decision at its next regularly scheduled meeting that is more than seven calendar days and no more than 30 days after the date the recommended decision is transmitted. The costs of the special magistrate shall be borne by the school district. The State Board of Education shall adopt rules, including forms, necessary to implement this subsection. b. Bring an action against the local board of education to obtain a declaratory judgment that the local board of education procedure or practice violates this act and seek injunctive relief. A court may award damages and shall award reasonable attorney fees and court costs to a parent who receives declaratory or injunctive relief. (3) Each local board of education shall adopt policies to notify parents of the procedures available under this section. Section 2. Section 2 of Act 2022-290, now appearing as Section 16-40A-5, Code of Alabama 1975, is amended to read as follows: 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 HB354 INTRODUCED HB354 INTRODUCED Page 6 "§16-40A-5 (a) An individual or group of individuals providing classroom instruction to students in kindergarten through the fifth grade at a public K-12 school shall not engage in classroom discussion or provide classroom instruction regarding sexual orientation or gender identity to students in kindergarten through the eighth grade or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards. (b) The State Board of Education shall adopt rules for the implementation and enforcement of this section." Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. 141 142 143 144 145 146 147 148 149 150 151 152 153 154