Text of GA HB 1158 (2022)

22 LC 49 0756 H. B. 1158 - 1 - House Bill 1158 By: Representatives Carson of the 46th, Erwin of the 28th, Jasperse of the 11th, Cantrell of the 22nd, Setzler of the 35th, and others A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, 1 relating to general provisions regarding parent and child relationship generally, so as to 2 provide for the protection of the fundamental right of parents to direct the upbringing, 3 education, and healthcare of their minor children from undue infringement by a state or local 4 government entity or any agent or officer thereof; to provide for a short title; to provide for 5 legislative findings; to provide for construction; to amend Part 12 of Article 6 of Chapter 2 6 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational 7 programs, so as to require school and school system governing bodies to adopt policies that 8 promote parental involvement in public schools; to provide for policy requirements; to 9 provide for parental access to such policies; to direct the Department of Education to develop 10 guidelines and model policies to assist school and school system implementation; to provide 11 for definitions; to provide for an effective date and applicability; to provide for related 12 matters; to repeal conflicting laws; and for other purposes. 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 14 22 LC 49 0756 H. B. 1158 - 2 - SECTION 1. 15 Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to 16 general provisions regarding parent and child relationship generally, is amended by adding 17 a new Code section to read as follows: 18 "19-7-7. 19 (a) This Code section shall be known and may be cited as the 'Parents' Bill of Rights.' 20 (b) The General Assembly finds that it is a fundamental right of parents to direct the 21 upbringing, education, and healthcare of their minor children. The General Assembly 22 further finds that important information relating to a minor child should not be withheld, 23 either inadvertently or purposefully, from his or her parent, including information relating 24 to the minor child's health, well-being, and education. The General Assembly further finds 25 it necessary to establish a consistent mechanism for parents to be notified of information 26 relating to the health, well-being, and education of their minor children. 27 (c) As used in this Code section, the term: 28 (1) 'Minor child' means a person who is less than 18 years of age and who has not been 29 emancipated by operation of law or by court order pursuant to Code Section 15-11-727 30 or as otherwise provided by law. 31 (2) 'Parent' means a person who has legal authority to act on behalf of a minor child as 32 a natural or adoptive parent or a legal guardian. 33 (d) No state or local government entity or any agent or officer thereof may infringe on the 34 fundamental right of a parent to direct the upbringing, education, and healthcare of his or 35 her minor child without demonstrating that such action is reasonable and necessary to 36 achieve a compelling state interest and that such action is narrowly tailored and is not 37 otherwise served by less restrictive means. 38 (e) All parental rights and responsibilities are reserved to the parent of a minor child in this 39 state without obstruction or interference from any state or local government entity or any 40 agent or officer thereof, including, but not limited to: 41 22 LC 49 0756 H. B. 1158 - 3 - (1) The right to direct the education and healthcare of his or her minor child; 42 (2) The right to direct the upbringing and the moral or religious training of his or her 43 minor child; 44 (3) The right and responsibility, pursuant to Code Section 20-2-690.1, to enroll his or her 45 minor child in a public school or, as an alternative to public education, a private school, 46 including a religious school, a home study program, or other available options, as 47 authorized by law; 48 (4) The right to access and review all school records relating to his or her minor child, 49 unless otherwise prohibited by law; 50 (5) The right to receive effective communication from the school principal as to the 51 manner in which instructional materials are used to implement the school's curricular 52 objectives; 53 (6) The right to make healthcare decisions for his or her minor child, unless otherwise 54 prohibited by law; 55 (7) The right to access and review all medical records of his or her minor child, unless 56 prohibited by law or if the parent is the subject of an investigation of a crime committed 57 against the minor child and a law enforcement agency or official requests that the 58 information not be released; 59 (8) The right to consent in writing before a biometric scan of his or her minor child is 60 made, shared, or stored; 61 (9) The right to consent in writing before any record of his or her minor child's blood or 62 deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by general 63 law or authorized pursuant to a court order; 64 (10) The right to consent in writing before a state or local government entity, or any 65 agent or officer thereof, makes a video or audio recording or photograph of his or her 66 minor child unless such recording or photograph is made as part of a court proceeding or 67 as part of a forensic interview in a criminal investigation or a child welfare investigation 68 22 LC 49 0756 H. B. 1158 - 4 - by the Division of Family and Children Services of the Department of Human Services 69 or is to be used solely for the following purposes: 70 (A) A safety demonstration, including the maintenance of order and discipline in the 71 common areas of a school or on student transportation vehicles; 72 (B) A purpose related to a legitimate academic or extracurricular activity; 73 (C) A purpose related to regular classroom instruction; 74 (D) Security or surveillance of buildings or grounds; or 75 (E) A photo identification card; and 76 (11) The right to be notified promptly if a state or local government entity, or any agent 77 or officer thereof, suspects that a criminal offense has been committed against his or her 78 minor child, unless the incident has first been reported to law enforcement or the Division 79 of Family and Children Services of the Department of Human Services and notifying the 80 parent would impede the investigation. 81 (f) This Code section does not and shall not be construed to: 82 (1) Authorize a parent of a minor child in this state to engage in conduct that is unlawful 83 or to abuse or neglect his or her minor child in violation of the law; 84 (2) Condone, authorize, approve, or apply to a parental action or decision that would end 85 life; 86 (3) Prohibit a judge or officer of a court of competent jurisdiction, law enforcement 87 officer, or any agent of a state or local government entity that is responsible for child 88 welfare from acting in his or her official capacity within the reasonable and prudent scope 89 of his or her authority; or 90 (4) Prohibit a court of competent jurisdiction from issuing an order that is otherwise 91 permitted by law. 92 (g) A parent of a minor child in this state has inalienable rights that are more 93 comprehensive than those listed in this Code section, unless such rights have been legally 94 waived or terminated. This Code section does not prescribe all rights of a parent of a minor 95 22 LC 49 0756 H. B. 1158 - 5 - child in this state. Unless required by law, the rights of a parent of a minor child in this 96 state may not be limited or denied. This Code section shall not be construed to apply to a 97 parental action or decision that would end life." 98 SECTION 2. 99 Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, 100 relating to effectiveness of educational programs, is amended by adding a new Code section 101 to read as follows: 102 "20-2-287. 103 (a) As used in this Code section, the term: 104 (1) 'Governing body' shall have the same meaning as provided in subsection (a) of Code 105 Section 20-2-167.1. 106 (2) 'Parent' means a person who has legal authority to act on behalf of a minor child as 107 a natural or adoptive parent or a legal guardian. 108 (3) 'Primary instructional material' means instructional materials and content, as defined 109 by the State Board of Education pursuant to Code Section 20-2-1010, and locally 110 approved instructional materials and content, as defined in subsection (a) of Code 111 Section 20-2-1017. 112 (4) 'Supplementary instructional material' means material that is not primary instructional 113 material and is included, or intended to be included, by a teacher for use as part of a 114 classroom discussion or other classroom activity or is recommended by a teacher for 115 review by one or more students. Supplementary instructional material includes, but is not 116 limited to, materials covering current events, articles, online simulations, worksheets, 117 novels, biographies, speeches, videos, music, and similar resources in any medium, 118 including both physical and digital. 119 22 LC 49 0756 H. B. 1158 - 6 - (b) Each governing body shall, in consultation with parents, teachers, and administrators, 120 develop and adopt a policy to promote parental involvement in the public schools. Such 121 policy shall include: 122 (1) A plan for parental participation in schools to improve parent and teacher cooperation 123 in such areas as homework, school attendance, and discipline; 124 (2)(A) A procedure for a parent to learn about his or her minor child's courses of study, 125 including, but not limited to, parental access to primary and supplementary instructional 126 materials intended for use in the classroom. 127 (B) Primary instructional materials intended for use in his or her minor child's 128 classroom shall be made available for parental review no less than 30 days prior to the 129 start of each semester. Supplementary instructional materials used or intended for use 130 in his or her minor child's classroom shall be made available for parental review within 131 ten days of the parent's request for review or the date of classroom use, whichever is 132 later. If such instructional materials are not made available by a school or local school 133 system for review online, then, within the time periods required by this subparagraph, 134 they shall be made available for review on site upon request by a parent; 135 (3) A procedure for a parent to object to primary and supplementary instructional 136 materials intended for use in his or her minor child's classroom or recommended by his 137 or her minor child's teacher. Such objections may be based on the parent's individual 138 beliefs regarding morality, sex, or religion; 139 (4) A procedure for a parent to withdraw his or her minor child from any portion of the 140 school's prescribed course of study in sex education if the parent provides a written 141 objection to his or her minor child's participation. Such procedures must provide for a 142 parent to be notified in advance of such course content so that he or she may withdraw 143 his or her minor child from those portions of the course; 144 22 LC 49 0756 H. B. 1158 - 7 - (5) A procedure for a parent to learn about the nature and purpose of school clubs and 145 organizations and other activities offered at his or her minor child's school, including 146 those that are extracurricular or part of the school curriculum; and 147 (6) Procedures for a parent to learn about parental rights and responsibilities under law, 148 including all of the following: 149 (A) Rights relating to school choice , as provided in Code Sections 20-2-293, 20-2-294, 150 20-2-319.1, and 20-2-690; Articles 31, 31A, and 34 of this chapter; and other applicable 151 law; 152 (B) The right to opt his or her minor child out of any portion of the school's prescribed 153 course of study in sex education or any instruction regarding human sexuality, as 154 provided in subsection (d) of Code Section 20-2-143 and other applicable law; 155 (C) The right to exempt his or her minor child from immunizations, as provided in 156 subsection (e) of Code Section 20-2-771 and other applicable law; 157 (D) The right to review state-wide standardized assessment results and reports of 158 education accountability assessment programs, as provided in subsections (m), (n), 159 and (o) of Code Section 20-2-281; Code Section 20-2-283; subsection (b) of Code 160 Section 20-14-27; subsection (d) of Code Section 20-14-34; Article 4 of Chapter 18 of 161 Title 50; and other applicable law; 162 (E) The right to inspect instructional materials used with, or proposed for use with, his 163 or her minor child, as provided in paragraph (2) of subsection (b) of this Code section, 164 Code Section 20-2-1017, and other applicable law; 165 (F) The right to access information relating to the school or school system policies for 166 promotion, retention, and high school graduation requirements, as provided in Code 167 Sections 20-2-140, 20-2-283, and 20-2-284 and other applicable law; 168 (G) The right to review the education records, including, but not limited to, current 169 grade reports and attendance records, of his or her minor child, as provided in Code 170 Section 20-2-720 and other applicable law; 171 22 LC 49 0756 H. B. 1158 - 8 - (H) The right to participate in parent-teacher associations and organizations that are 172 recognized by a school or school system; and 173 (I) The right of a parent to opt out of any school-level or school system-level data 174 collection relating to his or her minor child not required by law, as provided in 175 paragraph (7) of Code Section 20-2-664 and other applicable law. 176 (c) A governing body may provide the information required in this Code section by 177 electronic means or post such information on its public website. 178 (d) A parent may request, in writing, from the local school superintendent, the school 179 principal, or a designee thereof the information required under this Code section. The local 180 school superintendent, school principal, or designee thereof shall, within ten days, provide 181 such information to the parent. If the local school superintendent, school principal, or 182 designee thereof denies a parent's request for information or does not respond to the 183 parent's request within ten days, the parent may appeal the denial to the local board of 184 education or charter school governing board. The local board of education or charter 185 school governing board must place a parent's appeal on the agenda for its next public 186 meeting. If it is too late for a parent's appeal to appear on the agenda for the next public 187 meeting, the appeal must be included on the agenda for the subsequent meeting. 188 (e) The Department of Education shall develop guidelines and model policies in order to 189 assist schools and school systems in the implementation of the requirements of this Code 190 section." 191 SECTION 3. 192 This Act shall become effective on July 1, 2022, and shall be applicable to the 2022-2023 193 school year and each school year thereafter. 194 SECTION 4. 195 All laws and parts of laws in conflict with this Act are repealed. 196