Text of MO HB 2068 (2022)

SECOND REGULAR SESSION HOUSE BILL NO. 2068 101ST GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE SAULS. 4521H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To amend chapter 161, RSMo, by adding thereto one new section relating to parental rights in public schools. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Chapter 161, RSMo, is amended by adding thereto one new section, to be 2 known as section 161.1145, to read as follows: 161.1145. 1. This section shall be known and may be cited as the "Parents' Bill 2 of Rights". 3 2. As used in this section, the term "parent" means a person who has legal 4 custody of a minor child as a natural or adoptive parent or a legal guardian. 5 3. Every parent of a child shall have a fundamental right to direct the 6 upbringing, education, health care, and mental health of such parent's child. Such 7 rights shall include, but not be limited to, the following: 8 (1) The right to be informed of and approve of the child's health care decisions; 9 (2) The right to have access to the child's health and mental health records; 10 (3) The right to have access to the educational materials and curricula taught to 11 the child; 12 (4) The right to provide or deny consent to any biometric scans, DNA 13 extractions, and video or audio recordings of the child; and 14 (5) The right to be informed of any investigations involving the child. 15 4. Each school district and charter school shall, in consultation with parents, 16 teachers, and administrators, develop and adopt policies to guarantee a parent's right to 17 participate in their child's education. Such policies shall include: 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. 18 (1) Procedures for a parent to view the curricula and course of study that their 19 child is being taught; 20 (2) Procedures for a parent to receive information about the nature and purpose 21 of all clubs and activities offered at their child's school; 22 (3) The ability for the parent to receive information about potential school 23 choice options including, but not limited to, the ability to establish a scholarship account 24 under the Missouri empowerment scholarship accounts program established in sections 25 135.712 to 135.719 and sections 166.700 to 166.720, as well as the criminal penalties to 26 which a parent would be subject for misuse of any moneys granted under such 27 program; 28 (4) Information provided to the parent to help the parent understand the 29 numerous health benefits associated with fully vaccinating their child including, but not 30 limited to, specific information regarding the process for how their child should be 31 vaccinated in accordance with recommendations from the Centers for Disease Control 32 and Prevention and any process for the parent to follow in order to exempt their child 33 from any immunization required under state law; and 34 (5) Procedures for the parent to receive information about enrolling their child 35 in any individual educational plans appropriate for the child or gifted programs offered 36 by the school district. 37 5. (1) The commissioner of education shall establish the "Missouri Education 38 Transparency Portal", which shall be an internet-based tool creating transparency in 39 Missouri's education system and providing parents and citizens of this state access to 40 every school district's and charter school's curricula, source materials, professional 41 development materials and a list of any speakers or guest lecturers for each school and 42 any costs paid by the school district or charter school for the services of such speakers or 43 guest lecturers. The portal shall consist of an easy-to-search database that any person 44 may search free of charge. 45 (2) The commissioner of education shall establish an online form that each 46 school district and charter school in this state shall complete with information required 47 under subdivision (1) of this subsection. A school district and charter school shall 48 submit any updates to the information provided in this subsection within seven business 49 days of the information changing. 50 (3) The department of elementary and secondary education shall promulgate 51 any rules necessary to implement the provisions of this subsection. Any rule or portion 52 of a rule, as that term is defined in section 536.010, that is created under the authority 53 delegated in this section shall become effective only if it complies with and is subject to 54 all of the provisions of chapter 536 and, if applicable, section 536.028. This section and HB 2068 2 55 chapter 536 are nonseverable, and if any of the powers vested with the general assembly 56 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul 57 a rule are subsequently held unconstitutional, then the grant of rulemaking authority 58 and any rule proposed or adopted after August 28, 2022, shall be invalid and void. 59 6. (1) Suit for any violation of this section may be brought against the school 60 district or charter school by the parent of any child attending such school district or 61 school or the prosecuting or circuit attorney for the county in which the school district 62 or school is located. 63 (2) Upon a finding by a preponderance of the evidence that a school district or 64 charter school has violated the provisions of this section, the court shall issue a civil 65 penalty in an amount up to ten thousand dollars. ✔ HB 2068 3