Text of CO HCR 1005 (2024)

Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. R24-0544.01 Shelby Ross x4510 HCR24-1005 House Committees Senate Committees State, Civic, Military, & Veterans Affairs HOUSE CONCURRENT RESOLUTION 24-1005 SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF 101 COLORADO AN AMENDMENT TO THE COLORADO CONSTITUTION 102 CONCERNING CREATING A PARENTS' BILL OF RIGHTS, AND, IN 103 CONNECTION THEREWITH, ESTABLISHING CERTAIN RIGHTS FOR 104 PARENTS, INCLUDING THE RIGHT TO DIRECT THE PARENT'S 105 CHILD'S EDUCATION, UPBRINGING, AND MORAL OR RELIGIOUS 106 TRAINING; TO ENROLL THE PARENT'S CHILD IN A PUBLIC 107 SCHOOL, PRIVATE SCHOOL, OR ANY OTHER SCHOOL CHOICE 108 OPTION; TO CONSENT TO MEDICAL OR MENTAL HEALTH-CARE 109 TREATMENT FOR THE PARENT'S CHILD; TO BE PROMPTLY 110 NOTIFIED IF AN EMPLOYEE OF THE STATE SUSPECTS THAT A 111 CRIMINAL OFFENSE HAS BEEN COMMITTED AGAINST THE 112 PARENT'S CHILD; TO CONSENT OR WITHHOLD CONSENT TO THE 113 HOUSE SPONSORSHIP DeGraaf, SENATE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. PARENT'S CHILD'S PARTICIPATION IN REPRODUCTIVE HEALTH 101 AND SAFETY EDUCATION PROGRAMS; TO SEEK MEDICAL OR 102 RELIGIOUS EXEMPTIONS FROM IMMUNIZATION REQUIREMENTS; 103 TO OPT OUT OF DATA COLLECTION; TO OPT OUT OF STUDENT 104 INFORMATION SURVEYS; TO REVIEW ALL AVAILABLE MATERIALS 105 THAT THE PARENT'S CHILD HAS BORROWED FROM A SCHOOL 106 LIBRARY OR ACCESSED IN THE CLASSROOM; TO ACCESS THE 107 PARENT'S CHILD'S EDUCATION RECORDS OR HEALTH RECORDS; 108 AND TO BE NOTIFIED IF THE PARENT'S CHILD IS EXPERIENCING 109 GENDER INCONGRUENCE. 110 Resolution Summary (Note: This summary applies to this resolution as introduced and does not reflect any amendments that may be subsequently adopted. If this resolution passes third reading in the house of introduction, a resolution summary that applies to the reengrossed version of this resolution will be available at http://leg.colorado.gov/.) The concurrent resolution creates a parents' bill of rights and establishes certain rights for parents, including the right to: ! Direct the parent's child's education, upbringing, and moral or religious training; ! Enroll the parent's child in a public school, private school, or any other school choice option; ! Consent to medical or mental health-care treatment for the parent's child; ! Be promptly notified if an employee of the state suspects that a criminal offense has been committed against the parent's child; ! Consent or withhold consent to the parent's child's participation in reproductive health and safety education programs; ! Seek medical or religious exemptions from immunization requirements; ! Opt out of data collection and student information surveys; ! Review all available materials that the parent's child has borrowed from a school library or accessed in the classroom; ! Access the parent's child's education records or health HCR24-1005 -2- records and be promptly notified of changes in the parent's child's education and health services or monitoring; and ! Be notified if the parent's child is experiencing gender incongruence. The concurrent resolution prohibits a health-care provider, practitioner, or facility from providing, soliciting, or arranging for the treatment of a child without first obtaining written or documented consent from the child's parent. Be It Resolved by the House of Representatives of the 1 Seventy-fourth General Assembly of the State of Colorado, the Senate 2 concurring herein: 3 SECTION 1. At the election held on November 5, 2024, the 4 secretary of state shall submit to the registered electors of the state the 5 ballot title set forth in section 2 for the following amendment to the state 6 constitution: 7 In the constitution of the state of Colorado, add section 32 to 8 article II as follows: 9 Section 32. Parents' bill of rights - access to education records 10 - consent to medical treatment - definitions. (1) AS USED IN THIS 11 SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: 12 (a) "CHILD" MEANS AN INDIVIDUAL WHO IS LESS THAN EIGHTEEN 13 YEARS OF AGE AND WHO HAS NOT BEEN EMANCIPATED. 14 (b) "GENDER INCONGRUENCE" MEANS A DIFFERENCE BETWEEN A 15 CHILD'S BIOLOGICAL SEX AND THE CHILD'S PERCEIVED OR DESIRED 16 GENDER. 17 (c) "PARENT" MEANS AN INDIVIDUAL WHO HAS LEGAL CUSTODY OF 18 A CHILD, INCLUDING A NATURAL PARENT, AN ADOPTIVE PARENT, OR A 19 LEGAL GUARDIAN. 20 (d) "STATE" MEANS THE STATE OF COLORADO OR ANY POLITICAL 21 HCR24-1005 -3- SUBDIVISION OF THE STATE OF COLORADO, INCLUDING A PUBLIC SCHOOL. 1 (2) A PARENT HAS THE FOLLOWING RIGHTS: 2 (a) TO DIRECT THE EDUCATION AND CARE OF THE PARENT'S CHILD; 3 (b) TO DIRECT THE UPBRINGING AND MORAL OR RELIGIOUS 4 TRAINING OF THE PARENT'S CHILD; 5 (c) TO ENROLL THE PARENT'S CHILD IN A PUBLIC SCHOOL, PRIVATE 6 SCHOOL, OR ANY OTHER SCHOOL CHOICE OPTION THAT IS AVAILABLE TO 7 THE PARENT AND FOR WHICH THE CHILD IS OTHERWISE ELIGIBLE IN ORDER 8 TO COMPLY WITH COMPULSORY ATTENDANCE LAWS; 9 (d) TO CONSENT TO MEDICAL AND MENTAL HEATH-CARE 10 TREATMENT FOR THE PARENT'S CHILD, UNLESS OTHERWISE PROVIDED BY 11 LAW; AND 12 (e) TO BE PROMPTLY NOTIFIED IF AN EMPLOYEE OF THE STATE 13 SUSPECTS THAT A CRIMINAL OFFENSE HAS BEEN COMMITTED AGAINST THE 14 PARENT'S CHILD, EXCEPT AS OTHERWISE DIRECTED BY A COURT ORDER. 15 (3) A PARENT HAS THE FOLLOWING RIGHTS WITH REGARD TO THE 16 PARENT'S CHILD'S EDUCATION: 17 (a) TO CONSENT OR WITHHOLD CONSENT TO THE CHILD'S 18 PARTICIPATION IN REPRODUCTIVE HEALTH AND SAFETY EDUCATION 19 PROGRAMS; 20 (b) TO SEEK MEDICAL OR RELIGIOUS EXEMPTIONS FROM 21 IMMUNIZATION REQUIREMENTS; 22 (c) TO OPT OUT OF DATA COLLECTION FOR THE PARENT'S CHILD; 23 (d) TO OPT OUT OF STUDENT INFORMATION SURVEYS; 24 (e) TO REVIEW ALL AVAILABLE RECORDS AND MATERIALS THAT 25 THE PARENT'S CHILD HAS BORROWED FROM A SCHOOL LIBRARY OR 26 ACCESSED IN THE CLASSROOM; 27 HCR24-1005 -4- (f) TO ACCESS THE PARENT'S CHILD'S EDUCATION RECORDS OR 1 HEALTH RECORDS AND TO BE PROMPTLY NOTIFIED OF CHANGES IN THE 2 PARENT'S CHILD'S EDUCATION AND HEALTH SERVICES OR MONITORING; 3 AND 4 (g) TO BE NOTIFIED IF THE PARENT'S CHILD IS EXPERIENCING 5 GENDER INCONGRUENCE. 6 (4) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION OR BY A 7 COURT ORDER, A HEALTH-CARE PROVIDER, PRACTITIONER, OR FACILITY 8 SHALL NOT PROVIDE, SOLICIT, OR ARRANGE FOR THE TREATMENT OF A 9 CHILD WITHOUT FIRST OBTAINING WRITTEN OR DOCUMENTED CONSENT 10 FROM THE CHILD'S PARENT. 11 SECTION 2. Each elector voting at the election may cast a vote 12 either "Yes/For" or "No/Against" on the following ballot title: "Shall 13 there be an amendment to the Colorado constitution concerning creating 14 a parents' bill of rights, and, in connection therewith, establishing certain 15 rights for parents, including the right to direct the parent's child's 16 education, upbringing, and moral or religious training; to enroll the 17 parent's child in a public school, private school, or any other school 18 choice option; to consent to medical or mental health-care treatment for 19 the parent's child; to be promptly notified if an employee of the state 20 suspects that a criminal offense has been committed against the parent's 21 child; to consent or withhold consent to the parent's child's participation 22 in reproductive health and safety education programs; to seek medical or 23 religious exemptions from immunization requirements; to opt out of data 24 collection; to opt out of student information surveys; to review all 25 available materials that the parent's child has borrowed from a school 26 library or accessed in the classroom; to access the parent's child's 27 HCR24-1005 -5- education records or health records; and to be notified if the parent's child 1 is experiencing gender incongruence?" 2 SECTION 3. Except as otherwise provided in section 1-40-123, 3 Colorado Revised Statutes, if at least fifty-five percent of the electors 4 voting on the ballot title vote "Yes/For", then the amendment will become 5 part of the state constitution. 6 HCR24-1005 -6-