Text of HI HB 1715 (2024)

HOUSE OF REPRESENTATIVES H.B. NO. 1715 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to parental rights. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: SECTION 1. The legislature finds that children are the building blocks of society, and parents and legal guardians play a crucial role in fostering their growth. Additionally, the interest of parents and legal guardians in the care and custody of their children is protected by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. This fundamental liberty interest is rooted in the right of privacy from interference in making important decisions relating to child rearing and education. As such, parents have a right and responsibility to be active participants in their children's K-12 education that takes place outside the home. The purpose of this Act is to establish the rights of parents and legal guardians to direct the upbringing, education, health care, and mental health of their minor child and prohibit the state, its political subdivisions, and any other governmental entity from infringing upon the fundamental rights of a parent to direct the upbringing, education, healthcare, and mental health care of a minor child. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter OHANA BILL OF RIGHTS § - Definitions. For the purpose of this chapter: "Parent" means a person who has legal custody of a minor child as a natural or adoptive parent or a legal guardian. § - Parental rights. (a) All parental rights are reserved to the parent of a minor child in the State of Hawaii without obstruction or interference from the State, any of its political subdivisions, any other governmental entity, or any other institution, including, but not limited to, all of the following rights of a parent of a minor child in the State: (1) The right to direct the education and care of their minor child; (2) The right to direct the upbringing and the moral or religious training of their minor child; (3) The right to apply to enroll their minor child in a public school or, as an alternative to public education, a private school, including a religious school, a home education program, or other available options, as authorized by law; (4) The right to access and review all school records relating to their minor child; (5) The right to make healthcare decisions for their minor child, unless otherwise prohibited by law; (6) The right to access and review all medical records of his or her minor child, unless prohibited by law or if the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement agency or official requests that the information not be released; (7) The right to consent in writing before a biometric scan of their minor child is made, shared, or stored; (8) The right to consent in writing before any record of his or her minor child’s blood or deoxyribonucleic acid is created, stored, or shared, except as required by general law or authorized pursuant to a court order; (9) The right to consent in writing before the state or any of its political subdivisions makes a video or voice recording of his or her 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 investigation or investigation conducted by the Department of Human Services or is to be used solely for the following purposes: (A) A safety demonstration, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles; (B) A purpose related to a legitimate academic or extracurricular activity; (C) A purpose related to regular classroom instructions; (D) Security or surveillance of buildings or grounds; or (E) A photo identification card; (10) The right to be notified promptly if an employee of the state, any of its political subdivisions, any other governmental entity, or any other institution suspects that a criminal offense has been committed against his or her minor child, unless the incident has first been reported to law enforcement or the Department of Children and Families and notifying the parent would impede the investigation; and (11) The right to consent in writing before their minor child receives counseling or other mental health services. (b) An employee of the state, any of its political subdivisions, or any other governmental entity who encourages or coerces, or attempts to encourage or coerce, a minor child to withhold information from their parent may be subject to disciplinary action. § - School district notification on parental rights. (a) Each district school board shall, in consultation with parents, teachers, and administrators, develop and adopt a policy to promote parental involvement in the public school system. Such policy must include: (1) A plan for parental participation in schools to improve parent and teacher cooperation in such areas as homework, school attendance, and discipline; (2) A procedure for a parent to learn about their minor child’s course of study, including the source of any supplemental education materials; (3) Procedures for a parent to object to instructional materials and other materials used in the classroom; (4) Procedures for a parent to withdraw their minor child from any portion of the department's medically accurate sexuality health education, as defined in Hawaii Revised Statutes Section 321-11.1, if the parent provides a written objection to their minor child’s participation. Such procedures must provide for a parent to be notified in advance of such course content so that he or she may withdraw their minor child from those portions of the course; (5) Procedures for a parent to learn about the nature and purpose of clubs and activities offered at their minor child’s school, including those that are extracurricular or part of the school curriculum; (6) A plan to disseminate information about school choice options; and (7) Procedures for a parent to learn about parental rights and responsibilities under general law, including the following: (A) The right of a parent to provide their consent prior to their child participating in any portion of sexuality health education classes or programs offered by the department of education; (B) The right of a parent to exempt their minor child from immunizations; (C) The right of a parent to review statewide, standardized assessment results; (D) The right to know if their child is not grade level proficient in reading at the end of third grade; (E) The right of a parent to request, at any point in time, an assessment of their minor child for gifted or special education programs; (F) The right of a parent to inspect school district instructional materials; (G) The right of a parent to access information relating to the department of education's policies for promotion or retention, including high school graduation requirements; (H) The right of a parent to receive a school report card and be informed of his or her minor child’s attendance requirements; (I) 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; (J) The right of a parent to participate in parent-teacher associations and organizations that are sanctioned by the board of education or the department of education; (K) The right of a parent to opt out of any district-level data collection relating to their minor child not required by law; (L) The right to a list of books and other reading materials contained in the library of their child's school and the right to inspect those books and other reading materials; (M) The right to know if a child requests to change their gender markers, pronouns, or preferred name or to use accommodations, including locker rooms and bathrooms, that are not according to the child's biological sex; (N) The right to notice before an individual, organization, or other entity address a class, school assembly, or other school sponsored event; (O) The right to know if any employee, contractor, or child brings a weapon to school; (P) The right to know if their child's school operates, sponsors, or facilitates athletic programs or activities that permit an individual whose biological sex is male to participate in an athletic program or activity that is designated for individuals whose biological sex is female, without violating existing protection under law; (Q) The right to review professional development materials and events; and (R) The right to know if an employee or contractor treats, advises, or addresses the following pertaining to their child: (i) cyberbullying of a student; (ii) bullying or hazing a student; (iii) a student's mental health, suicidal ideation, or instances of self-harm; (iv) a specific threat to the safety of a student; (v) the possession or use of drugs and other controlled substances; or (vi) an eating disorder. (b) The board of education may provide the information required in this section electronically or post such information on its website. (c) A parent may request, in writing, from the superintendent of education the information required under this section. Within ten days, the superintendent must provide such information to the parent. If the superintendent denies a parent’s request for information or does not respond to the parent’s request within ten days, the parent may appeal the denial to the board of education. The board of education must place a parent’s appeal on the agenda for its next public meeting. If it is too late for a parent’s appeal to appear on the next agenda, the appeal must be included on the agenda for the subsequent meeting. § - Parental consent for health care services. (a) Except as otherwise provided by law, a health care professional as defined in section 346-53.64 or an individual employed by such health care professional may not provide or solicit or arrange to provide health care services or prescribe medicinal drugs to a minor child without first obtaining written parental consent. (b) Except as otherwise provided by law or a court order, a health care professional may not allow a medical procedure to be performed on a minor child in its facility without first obtaining written parental consent. (c) This section does not apply to an abortion, which is governed by Chapter 453, Hawaii Revised Statutes. (d) 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. (e) A health care professional or other person who violates this section may be subject to disciplinary action." SECTION 3. Section 302A-1156, Hawaii Revised Statutes is amended to read as follows: "§302A-1156 Exemptions. A child may be exempted from the required immunizations: (1) If a licensed physician, physician assistant, or advanced practice registered nurse certifies that the physical condition of the child is such that immunizations would endanger the child's life or health; [or] (2) If any parent, custodian, guardian, or any other person in loco parentis to a child objects to immunization in writing on the grounds that the immunization conflicts with that person's bona fide religious tenets and practices. Upon showing the appropriate school official satisfactory evidence of the exemption, no certificate or other evidence of immunization shall be required for entry into school[.]; or (3) If any parent, custodian, guardian, or any other person in loco parentis to a child objects to immunization in writing on the grounds that the immunization conflicts with that person's good faith objection to the administration of an immunization that has no long-term health studies, or an immunizing substance that has not been in production for at least twenty years." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ Report Title: Minority Caucus Package; Parental Rights; Education Description: Establishes the Ohana Bill of Rights for parents and legal guardians of minor children to direct the upbringing, education, health care, and mental health of their minor child. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.