Text of MO HB 1755 (2022)

SECOND REGULAR SESSION HOUSE BILL NO. 1755 101ST GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE BASYE. 3950H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To amend chapter 1, RSMo, by adding thereto six new sections relating to parents' bill of rights, with a penalty provision. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Chapter 1, RSMo, is amended by adding thereto six new sections, to be 2 known as sections 1.650, 1.652, 1.654, 1.656, 1.658, and 1.660, to read as follows: 1.650. Sections 1.650 to 1.660 shall be known and may be cited as the "Parents’ 2 Bill of Rights". 1.652. For purposes of sections 1.650 to 1.660, the term "parent" means a person 2 who has legal custody of a minor child as a natural or adoptive parent or a legal 3 guardian. 1.654. The state, any of its political subdivisions, any other governmental entity, 2 or any other institution shall not infringe on the fundamental rights of a parent to direct 3 the upbringing, education, health care, and mental health of his or her minor child 4 without demonstrating that such action is reasonable and necessary to achieve a 5 compelling state interest and such action is narrowly tailored and is not otherwise 6 served by a less restrictive means. 1.656. 1. All parental rights are reserved to the parent of a minor child in this 2 state without obstruction or interference from the state, any of its political subdivisions, 3 any other governmental entity, or any other institution including, but not limited to, all 4 of the following rights of a parent of a minor child in this state: 5 (1) The right to direct the education and care of his or her minor child; EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 6 (2) The right to direct the upbringing and the moral or religious training of his 7 or her minor child; 8 (3) The right to enroll his or her minor child in a public school or, as an 9 alternative to public education, a private school, including a religious school, a home 10 education program, or other available options, as authorized by law; 11 (4) The right to access and review all school records relating to his or her minor 12 child; 13 (5) The right to make health care decisions for his or her minor child, unless 14 otherwise prohibited by law; 15 (6) The right to access and review all medical records of his or her minor child, 16 unless prohibited by law or if the parent is the subject of an investigation of an offense 17 committed against the minor child and a law enforcement agency or official requests 18 that the information not be released; 19 (7) The right to consent in writing before a biometric scan of his or her minor 20 child is made, shared, or stored; 21 (8) The right to consent in writing before any record of his or her minor child's 22 blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required 23 by law or authorized under a court order; 24 (9) The right to consent in writing before the state or any of its political 25 subdivisions make a video or voice recording of his or her minor child unless such 26 recording is made during or as part of a court proceeding or is made as part of a 27 forensic interview in a criminal investigation, in an investigation by the children's 28 division, or is to be used solely for the following purposes: 29 (a) A safety demonstration, including the maintenance of order and discipline in 30 the common areas of a school or on student transportation vehicles; 31 (b) A purpose related to a legitimate academic or extracurricular activity; 32 (c) A purpose related to regular classroom instructions; 33 (d) Security or surveillance of buildings or grounds; or 34 (e) A photo identification card; and 35 (10) The right to be notified promptly if an employee of the state, any of its 36 political subdivisions, any other governmental entity, or any other institution suspects 37 that a criminal offense has been committed against the parent's minor child, unless the 38 incident has first been reported to law enforcement or the children's division and 39 notifying the parent would impede the investigation. 40 2. This section shall not: HB 1755 2 41 (1) Authorize a parent of a minor child in this state to engage in conduct that is 42 unlawful or to abuse or neglect his or her minor child in violation of any provision of 43 law; 44 (2) Condone, authorize, approve, or apply to a parental action or decision that 45 would end life; 46 (3) Prohibit a court of competent jurisdiction, law enforcement officer, or 47 employees of a governmental agency responsible for child welfare from acting in his or 48 her official capacity within the reasonable and prudent scope of his or her authority; or 49 (4) Prohibit a court of competent jurisdiction from issuing an order that is 50 otherwise permitted by law. 51 3. An employee of the state, any of its political subdivisions, or any other 52 governmental entity who encourages or coerces, or attempts to encourage or coerce, a 53 minor child to withhold information from his or her parent may be subject to 54 disciplinary action. 55 4. A parent of a minor child in this state has inalienable rights that are more 56 comprehensive than those listed in this section, unless such rights have been legally 57 waived or terminated. Sections 1.650 to 1.660 shall not prescribe all rights to a parent of 58 a minor child in this state. Unless required by law, the rights of a parent of a minor 59 child in this state shall not be limited or denied. Sections 1.650 to 1.660 shall not be 60 construed to apply to a parental action or decision that would end life. 1.658. 1. Each school board within a school district shall, in consultation with 2 parents, teachers, and administrators, develop and adopt a policy to promote parental 3 involvement in the public school system. Such policy shall include: 4 (1) A plan for parental participation in schools to improve parent and teacher 5 cooperation in such areas as homework, school attendance, and discipline; 6 (2) A procedure for a parent to learn about his or her minor child's course of 7 study, including the source of any supplemental education materials; 8 (3) Procedures for a parent to object to instructional materials and other 9 materials used in the classroom. Such objections may be based on beliefs regarding 10 morality, sex, and religion or the belief that such materials are harmful. For purposes of 11 this subdivision, the term "instructional materials" means items having intellectual 12 content that by design serve as a major tool for assisting in the instruction of a subject 13 or course. Such items may be available in bound, unbound, kit, or package form; may 14 consist of hardbacked or softbacked textbooks, electronic content, consumables, 15 learning laboratories, manipulatives, electronic media, and computer courseware or 16 software; and may include other materials used in the classroom, including workbooks HB 1755 3 17 and worksheets, handouts, software, applications, and any digital media made available 18 to students; 19 (4) Procedures for a parent to withdraw his or her minor child from any portion 20 of the school district's comprehensive health education that relates to instruction in 21 sexually transmitted diseases or any instruction regarding human sexuality if the parent 22 provides a written objection to his or her minor child's participation. Such procedures 23 shall provide for a parent to be notified in advance of such course content so that the 24 parent may withdraw his or her minor child from those portions of the course; 25 (5) Procedures for a parent to learn about the nature and purpose of clubs and 26 activities offered at his or her minor child's school, including those that are 27 extracurricular or part of the school curriculum; 28 (6) Procedures for a parent to learn about parental rights and responsibilities 29 under law, including all of the following: 30 (a) The right to opt out of any portion of the school district's comprehensive 31 health education that relates to instruction in sexually transmitted diseases or any 32 instruction regarding human sexuality; 33 (b) A plan to disseminate information about school choice options, including 34 options for a student to attend school in a district other than the student's district of 35 residence; 36 (c) The right of a parent to exempt his or her minor child from immunizations in 37 accordance with section 167.181; 38 (d) The right of a parent to review statewide standardized assessment results; 39 (e) The right of a parent to enroll his or her minor child in gifted or special 40 education programs; 41 (f) The right of a parent to inspect the school district's instructional materials; 42 (g) The right of a parent to access information relating to the school district's 43 policies for promotion or retention, including high school graduation requirements; 44 (h) The right of a parent to receive a school report card and be informed of his 45 or her minor child's attendance requirements; 46 (i) The right of a parent to access information relating to the state public 47 education system, state standards, report card requirements, attendance requirements, 48 and requirements regarding instructional materials; 49 (j) The right of a parent to participate in parent-teacher associations and 50 organizations that are sanctioned by the school district's school board or the 51 department of elementary and secondary education; and 52 (k) The right of a parent to opt out of any district-level data collection relating to 53 his or her minor child not required by law. HB 1755 4 54 2. A school district's school board may provide the information required under 55 this section electronically or post the information on its website. 56 3. A parent may request, in writing, from the school district's superintendent the 57 information required under this section. Within ten days, the school district's 58 superintendent shall provide the information to the parent. If the school district's 59 superintendent denies a parent's request for information or does not respond to the 60 parent's request within ten days, the parent may appeal the denial to the school district's 61 school board. The school district's school board shall place a parent's appeal on the 62 agenda for its next public meeting. If it is too late for a parent's appeal to appear on the 63 next agenda, the appeal shall be included on the agenda for the subsequent meeting. 1.660. 1. Except as otherwise provided by law, a health care professional as 2 defined under section 191.300 or an individual employed by such health care 3 professional shall not provide or solicit or arrange to provide health care services or 4 prescribe medicinal drugs to a minor child without first obtaining written parental 5 consent. 6 2. Except as otherwise provided by law or a court order, a provider as defined 7 under section 191.923 shall not allow a medical procedure to be performed on a minor 8 child in its health care facility without first obtaining written parental consent. 9 3. This section shall not apply to an abortion under chapter 188. 10 4. This section shall not apply to services provided by a clinical laboratory, 11 unless the services are delivered through a direct encounter with the minor child at the 12 clinical laboratory facility. For purposes of this subsection, "clinical laboratory" means 13 the physical location in which services are performed to provide information or 14 materials for use in the diagnosis, prevention, or treatment of a disease or the 15 identification or assessment of a medical or physical condition. 16 5. A health care professional, provider, or other person who violates this section 17 shall be subject to disciplinary action by the appropriate licensing authority and shall be 18 guilty of a class A misdemeanor. ✔ HB 1755 5