Text of MN HF 3022 (2023)

1.1 A bill for an act​ 1.2 relating to education; providing for student welfare and parental awareness in​ 1.3 education; proposing coding for new law in Minnesota Statutes, chapter 121A.​ 1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.5 Section 1. CITATION.​ 1.6 This act may be cited as the "Parental Rights Awareness Act."​ 1.7 Sec. 2. [121A.216] STUDENT WELFARE.​ 1.8 Subdivision 1. Procedures. A school district must adopt procedures for notifying a​ 1.9 student's parent of a significant change in the student's health care services or monitoring​ 1.10 related to the student's mental, emotional, or physical health or well-being and the school's​ 1.11 ability to provide a safe and supportive learning environment for the student. The procedures​ 1.12 must reinforce the fundamental right of a parent to make decisions regarding the upbringing​ 1.13 and control of their child by requiring school district personnel to encourage a student to​ 1.14 discuss issues relating to the student's well-being with a parent. The procedures may not​ 1.15 prohibit a parent from accessing any of their child's educational and health records created,​ 1.16 maintained, or used by the school district.​ 1.17 Subd. 2. Notification. A school district may not adopt procedures or student support​ 1.18 forms that prohibit school district personnel from notifying a parent about their child's​ 1.19 mental, emotional, or physical health or well-being, or a change in related services or​ 1.20 monitoring, or procedures that encourage or have the effect of encouraging a student to​ 1.21 withhold information from a parent. School district personnel may not discourage or prohibit​ 1.22 parental notification of and involvement in critical decision-making affecting their child's​ 1​ Sec. 2.​ REVISOR CM/AD 23-04592​ 03/15/23 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 3022​ NINETY-THIRD SESSION​ Authored by Murphy, Knudsen, Zeleznikar, Burkel, Franson and others​ 03/20/2023​ The bill was read for the first time and referred to the Committee on Education Policy​ 2.1 mental, emotional, or physical health or well-being. This subdivision does not prohibit a​ 2.2 school district from adopting procedures that permit school personnel to withhold information​ 2.3 from a parent if a reasonably prudent person would believe that disclosure would result in​ 2.4 abuse, abandonment, or neglect of a child.​ 2.5 Subd. 3. Health education. Classroom instruction by school personnel or third parties​ 2.6 on sexual orientation or gender identity may not occur in kindergarten through grade 4 or​ 2.7 in a manner that is not age-appropriate or developmentally appropriate for students in​ 2.8 accordance with locally adopted standards and state law.​ 2.9 Subd. 4. Student support services. Student support services training developed or​ 2.10 provided by a school district to school district personnel must adhere to student services​ 2.11 guidelines, standards, and frameworks established by the Department of Education.​ 2.12 Subd. 5. School health care services. At the beginning of each school year, each school​ 2.13 must notify parents of health care services offered at the school, including school health​ 2.14 services under section 121A.21, and the option to withhold consent to services or decline​ 2.15 any specific service. Parental consent to a school health care service does not waive the​ 2.16 parent's right to access their child's educational or health records or to be notified about a​ 2.17 change in their child's health care services or monitoring as provided by this subdivision.​ 2.18 Subd. 6. Health screenings. Before administering a health screening under sections​ 2.19 121A.16 to 121A.19, a student well-being questionnaire, or a health screening form to a​ 2.20 student in kindergarten through grade 4, the school district must provide the questionnaire​ 2.21 or health screening form to the student's parent and obtain permission of the parent to​ 2.22 administer the screening.​ 2.23 Subd. 7. Procedures for resolving concerns. (a) Each school district must adopt​ 2.24 procedures for a parent to notify the school principal or the principal's designee regarding​ 2.25 concerns under this section at their child's school and the process for resolving those concerns​ 2.26 within seven calendar days after notification by a parent.​ 2.27 (b) At a minimum, the procedures must require that within 30 days after notification by​ 2.28 a parent that the concern remains unresolved, the school district must either resolve the​ 2.29 concern or provide a statement of the reasons for not resolving the concern.​ 2.30 (c) If a concern is not resolved by the school district within 30 days, a parent may:​ 2.31 (1) request the commissioner of education to resolve the dispute;​ 2​ Sec. 2.​ REVISOR CM/AD 23-04592​ 03/15/23 ​ 3.1 (2) if not resolved by the commissioner within 30 days after request by a parent, bring​ 3.2 an action before an administrative law judge from the Office of Administrative Hearings;​ 3.3 or​ 3.4 (3) appeal the decision of the administrative law judge to the district court within 30​ 3.5 days of receiving a decision from the Office of Administrative Hearings.​ 3.6 (d) Each school district must adopt policies to notify parents of the procedures under​ 3.7 this subdivision.​ 3.8 Sec. 3. REVIEW REQUIRED.​ 3.9 By June 30, 2024, the Department of Education in conjunction with the Professional​ 3.10 Educator Licensing and Standards Board must review and update, as necessary, school​ 3.11 counseling frameworks and standards; educator practices and professional conduct principles;​ 3.12 and any other student services personnel guidelines, standards, or frameworks in accordance​ 3.13 with the requirements of this act.​ 3​ Sec. 3.​ REVISOR CM/AD 23-04592​ 03/15/23 ​