Text of MO SB 810 (2022)

SECOND REGULAR SESSION SENATE BILL NO. 810 101ST GENERAL ASSEMBLY INTRODUCED BY SENATOR KOENIG. 3861S.04I ADRIANE D. CROUSE, Secretary AN ACT To amend chapter 161, RSMo, by adding thereto three new sections relating to elementary and secondary education, with an emergency clause. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 161, RSMo, is amended by adding thereto 1 three new sections, to be known as sections 161.228, 161.851, 2 and 161.852, to read as follows: 3 161.228. 1. School districts shall be required to 1 provide notification to parents or guardians in the form of 2 prior, positive written consent regardless of funding source 3 for each and every survey, evaluation, or analysis when the 4 following topics shall or may be asked of a student. The 5 provisions of this subsection shall also apply to verbal or 6 discussion questions on the following topics and shall 7 require prior, written consent from the parent or guardian 8 of a minor child. Prior, written consent will be required 9 of the student when such student is not a minor. Consent 10 given shall be specific to the activity, include the 11 approximate planned date or dates of the activity, be in 12 written form, and shall be signed and dated by the parent or 13 guardian of the minor child or student, if not a minor. 14 Topics subject to the provisions of this subsection shall 15 include: 16 (1) Political affiliations or beliefs of the student 17 or the student’s parent or guardian; 18 SB 810 2 (2) Mental and psychological problems of the student 19 or the student’s family; 20 (3) Sex behavior or attitudes; 21 (4) Illegal, anti-social, self-incriminating, or 22 demeaning behavior; 23 (5) Critical appraisals of other individuals with whom 24 respondents have close family relationships; 25 (6) Legally recognized privileged or analogous 26 relationships, such as those of lawyers, physicians, and 27 ministers; 28 (7) Religious practices, affiliations, or beliefs of 29 the student or student’s parent; or 30 (8) Income, other than that required by law to 31 determine eligibility for participation in a program or for 32 receiving financial assistance under such program. 33 2. (1) School districts shall be required to receive 34 positive prior, written parent or guardian consent for a 35 minor child or consent from the student if not a minor for 36 the creation of a student psychological/social-emotional 37 profile. Consent for creation of a profile may include but 38 is not limited to data from the following two sources: 39 (a) A student’s completion of surveys, evaluations, 40 and analysis, subject to the consent limits under the 41 provisions of this section; and 42 (b) Teacher and school staff collection of information 43 and their completion of surveys, evaluations and analysis 44 based on their observations, inventories, and knowledge of a 45 student. 46 If consent is not provided, no information may be collected 47 and maintained from either the student or by teachers and 48 SB 810 3 staff and no psychological/social-emotional profile may be 49 created for a student. 50 (2) Psychological/social emotional student profiles 51 shall not be summarized, consolidated, nor inventoried for 52 any grouping of students such as classroom, grade, school, 53 or district and shall not be used to develop or choose level 54 I intervention programs under the Missouri comprehensive 55 school counseling program. 56 (3) Third parties used to design surveys, collect this 57 data, and create a psychological/social-emotional profile of 58 a student shall not maintain this data for more than sixty 59 days without a separate prior, written parent or guardian 60 consent for a minor child or consent of a student if not a 61 minor. 62 (4) The access and disclosure of a student 63 psychological/social-emotional profile shall not be shared 64 with non-medically licensed teachers and staff without 65 specific, separate, prior written consent of the parent or 66 guardian or the student if not a minor. 67 (5) A student’s psychological/social-emotional profile 68 shall not become part of a permanent record nor transferred 69 to any state or federally maintained data system, third 70 parties, nor other schools without specific, separate prior, 71 written consent of the parent or guardian or the student if 72 not a minor. 73 3. Schools shall provide notice of the provisions of 74 this section to parents bi-annually at the beginning of each 75 semester. This disclosure shall include the consents 76 required, the school sources of data for the creation of 77 psychological/social-emotional profiles on students, and the 78 protections and safeguards of psychological data regarding 79 SB 810 4 access, disclosure to third parties, and transfer to other 80 schools and consents required. 81 161.851. 1. This section shall be known and may be 1 cited as "The Parents' Bill of Rights for Student Well- 2 Being". 3 2. For the purposes of this section, the term "parent" 4 shall mean any person who has charge, control, or custody of 5 a minor child, whether as a natural parent, adoptive parent, 6 or legal guardian. 7 3. No governmental entity, school district, or other 8 public institution shall infringe on the fundamental rights 9 of a parent to direct the upbringing, education, health 10 care, or mental health of such parent's minor child without 11 first demonstrating that such infringement is reasonable, 12 narrowly tailored to achieve a compelling state interest, 13 and that such interest could not otherwise be served by less 14 restrictive means. 15 4. For the purposes of subsection 3 of this section, a 16 parent's fundamental rights to direct the upbringing, 17 education, health care, and mental health of such parent's 18 minor child shall include: 19 (1) The right to direct the ethical, moral, and 20 religious training of such child; 21 (2) The right to enroll such child in a public school, 22 parochial school, home school program, or other available 23 schooling option, to the extent otherwise authorized by law; 24 (3) The right to direct the education of such child, 25 including the right to access and review the following 26 information: 27 (a) All school records relating to such child, 28 including a regular report of such child's academic 29 performance and attendance; 30 SB 810 5 (b) Such child's statewide, standardized assessment 31 results; 32 (c) School district instructional materials; 33 (d) School district policies for promotion or 34 retention, including graduation requirements; and 35 (e) Information relating to the state's academic 36 performance standards, report card requirements, attendance 37 requirements, and instructional materials requirements; 38 (4) The right to participate in parent-teacher 39 associations and organizations sanctioned by the school 40 district or department of elementary and secondary education; 41 (5) The right, pursuant to section 162.720, to request 42 a review of a school district's determination that such 43 child did not qualify to receive services through such 44 district's gifted education program; 45 (6) The right to make health care decisions for such 46 child, except as otherwise prohibited by law; 47 (7) The right to consent in writing before biometric 48 data, as defined in section 302.170, regarding such child is 49 made, shared, or stored, except as required by law or court 50 order; and 51 (8) The right to consent in writing before any 52 governmental entity, school district, or other public 53 institution produces a video or audio recording of such 54 child, unless such recording is made for the purposes of: 55 (a) A court proceeding, forensic interview, or 56 criminal or other investigation related to the welfare of 57 such child; 58 (b) The maintenance of order and discipline in a 59 school building, on school grounds, and on student 60 transportation vehicles; 61 (c) A legitimate academic or extracurricular activity; 62 SB 810 6 (d) Regular classroom instruction; 63 (e) Security or surveillance of school buildings, 64 school grounds, or student transportation vehicles; or 65 (f) A photo identification card. 66 5. Each school district shall, in consultation with 67 parents, teachers, and administrators, develop and adopt a 68 policy to promote parental involvement in the public school 69 system. Such policy shall include: 70 (1) A plan for parental participation in schools, 71 including through cooperation with teachers regarding 72 homework, school attendance, and discipline; 73 (2) Procedures for a parent to receive information 74 about his or her child's course of study, including the 75 source of any supplemental educational materials; 76 (3) Procedures for a parent to object to instructional 77 materials and other materials used in the classroom based on 78 such parent's beliefs regarding morality, sexuality, 79 religion, or other issues related to the well-being, 80 education, and upbringing of such parent's child; 81 (4) Procedures for a parent to withdraw his or her 82 child from any portion of the school district's health 83 education related to human sexuality and sexually 84 transmitted diseases; 85 (5) Procedures for a parent to learn about the nature 86 and purpose of clubs and other extracurricular activities 87 offered at his or her child's school; 88 (6) Procedures for providing parents with other 89 information to which such parents have a right of access 90 pursuant to subsection 4 of this section. 91 6. The department of elementary and secondary 92 education shall develop, and every school district shall 93 utilize, the following forms: 94 SB 810 7 (1) A form that authorizes a parent to object to and 95 opt out of any instructional materials or materials used in 96 the child's classroom as described in subdivisions (3) and 97 (4) of subsection 5 of this section. Such form shall be 98 made available to every parent at the beginning of a school 99 year by each school district; 100 (2) A form that is sent to every parent by the school 101 district at the beginning of every school year that allows a 102 parent to ask for notification in advance by the school 103 attended by the parent's child whenever a teacher intends to 104 teach a divisive or controversial topic that may conflict 105 with a parent's belief that all persons, regardless of race, 106 ethnicity, color, national origin, or ancestry, should be 107 treated equally. If a parent submits such form to the 108 child's school, the school shall provide notice at least two 109 weeks in advance of the teaching of any such divisive or 110 controversial topic. 111 7. Each school district may provide any information to 112 which a parent has a right of access pursuant to this 113 section by publishing such information electronically in a 114 reasonably accessible format, except to the extent that such 115 publication would result in the disclosure of personally 116 identifiable or confidential information in violation of 117 other law. 118 8. A parent may file a formal request in writing with 119 the superintendent of his or her child's school district for 120 access to any information to which such parent has a right 121 of access pursuant to this section. The superintendent 122 shall provide such information to the parent within ten 123 days, and may do so by any reasonable means, including by 124 directing the parent to electronic resources to the extent 125 such resources are responsive to the parent's request. If 126 SB 810 8 the superintendent denies such request or does not respond 127 within ten days, the parent may file an appeal with the 128 school board. The school board shall place the parent's 129 appeal on the agenda for the next public meeting of the 130 board, provided that the school board may instead place such 131 appeal on the agenda for the public meeting of the board to 132 occur subsequent to the next such meeting if the appeal is 133 filed within seven days of the next such meeting. 134 9. No employee of any governmental entity, school 135 district, or other public institution shall encourage, 136 coerce, or attempt to coerce a minor child to withhold 137 information from such child's parents, provided however that 138 any such person required to report suspected abuse or 139 neglect pursuant to sections 210.109 to 210.183 may 140 encourage a minor child to withhold information where 141 disclosure could reasonably result in abuse or neglect. 142 Notwithstanding any other provision of law to the contrary, 143 any person found in violation of this subsection may be 144 subject to disciplinary action by his or her employer. 145 10. This section shall not be construed to: 146 (1) Authorize a parent to engage in unlawful conduct, 147 such as abuse or neglect; 148 (2) Condone, authorize, approve, or apply to any 149 parental action or decision that would end life; 150 (3) Prohibit a court of competent jurisdiction, a law 151 enforcement officer, or employees of a governmental entity 152 or other public institution responsible for child welfare 153 from acting within the reasonable and prudent scope of such 154 court or person's official capacity and authority; 155 (4) Modify the common law doctrine of in loco parentis 156 as such doctrine applies to the operation of public schools 157 SB 810 9 and to the duties of administrators and employees of such 158 schools; or 159 (5) Limit the inalienable rights of a parent, whether 160 or not enumerated in the provisions of this section. 161 11. (1) A parent may file with the school board a 162 formal objection to any school policy, practice, or 163 procedure which violates any provision of this section. 164 School boards shall provide by general rule not inconsistent 165 with this section for the procedure and conduct for filing 166 and responding to such objections. Within thirty days of 167 receipt of the objection, the school board shall issue a 168 response denying the parent's objection or describing an 169 implementation plan to immediately correct the violation. 170 (2) The school board may deny any objection alleging a 171 de minimis infringement of parental rights or if the 172 requested accommodation is unreasonable. An alleged 173 infringement of parental rights shall be considered de 174 minimis if it does not materially infringe upon any right 175 provided in this section. 176 (3) A parent whose formal objection has been denied 177 shall have the right to appeal such decision to the 178 department of elementary and secondary education. The 179 appeal shall be taken within fifteen days of the decision of 180 the school board and may be taken by filing a notice of 181 appeal with the department of elementary and secondary 182 education. Such appeal shall be heard as provided in 183 chapter 536. 184 (4) Following a final decision by the department of 185 elementary and secondary education in an appeal taken 186 pursuant to subdivision (3) of this subsection, a parent may 187 seek judicial review of such decision in the circuit court 188 for the county in which the school district is located. 189 SB 810 10 (a) Upon a finding by a preponderance of the evidence 190 that a school district has knowingly violated the provisions 191 of this section, a parent shall be awarded one thousand 192 dollars per violation and the payment by the school district 193 to the parent of all costs and reasonable attorney fees. 194 (b) Upon a finding by a preponderance of the evidence 195 that a school district has purposely violated the provisions 196 of this section, a parent shall be awarded ten thousand 197 dollars per violation and the payment by the school district 198 to the parent of all costs and reasonable attorney fees. 199 12. Any employee of a school district that discloses a 200 violation of this section shall be protected from any manner 201 of retaliation as set forth in section 105.055. 202 13. The department of elementary and secondary 203 education may promulgate rules to implement the provisions 204 of this section. Any rule or portion of a rule, as that 205 term is defined in section 536.010, that is created under 206 the authority delegated in this section shall become 207 effective only if it complies with and is subject to all of 208 the provisions of chapter 536 and, if applicable, section 209 536.028. This section and chapter 536 are nonseverable and 210 if any of the powers vested with the general assembly 211 pursuant to chapter 536 to review, to delay the effective 212 date, or to disapprove and annul a rule are subsequently 213 held unconstitutional, then the grant of rulemaking 214 authority and any rule proposed or adopted after August 28, 215 2022, shall be invalid and void. 216 161.852. 1. The commissioner of education shall 1 establish the Missouri Education Transparency and 2 Accountability Portal which shall be an internet-based tool 3 creating transparency in Missouri's public education system 4 and providing citizens access to every school district's 5 SB 810 11 curriculum, source materials, and professional development 6 materials. 7 2. The portal shall consist of an easy-to-search 8 database, including but not limited to the following: 9 (1) All curriculum taught by the school district; 10 (2) All source materials used to develop a district's 11 curriculum; 12 (3) All documents used by a school district in the 13 professional development of the district’s faculty and 14 staff, including but not limited to administrators, 15 teachers, counselors, and classroom support staff; 16 (4) All source materials used to develop the documents 17 used by a school district in their professional development 18 materials as outlined in subdivision (3) of this subsection; 19 (5) All speakers and guests used by a school district 20 in their professional development activities; and 21 (6) The cost associated with speakers and guests used 22 by a school district in their professional development 23 activities. 24 3. The commissioner of education shall establish an 25 online form that each school district in this state shall 26 complete with information required under subsection 2 of 27 this section. 28 4. A school district shall submit any updates to the 29 information outlined in subsection 2 of this section within 30 five businesses days of the information changing. 31 5. The commissioner of education shall update the 32 portal with the information required by this section to be 33 submitted by each school district no less than weekly and 34 shall ensure that the portal is maintained as the primary 35 centralized source of information about the curriculum and 36 instructional materials used by public school districts. 37 SB 810 12 6. The department of elementary and secondary 38 education may promulgate rules to implement this section. 39 Any rule or portion of a rule, as that term is defined in 40 section 536.010, that is created under the authority 41 delegated in this section shall become effective only if it 42 complies with and is subject to all of the provisions of 43 chapter 536 and, if applicable, section 536.028. This 44 section and chapter 536 are nonseverable and if any of the 45 powers vested with the general assembly pursuant to chapter 46 536 to review, to delay the effective date, or to disapprove 47 and annul a rule are subsequently held unconstitutional, 48 then the grant of rulemaking authority and any rule proposed 49 or adopted after August 28, 2022, shall be invalid and void. 50 Section B. Because of the need to ensure that parents 1 are aware of the education their children are receiving for 2 the upcoming school year, section A of this act is deemed 3 necessary for the immediate preservation of the public 4 health, welfare, peace, and safety, and is hereby declared 5 to be an emergency act within the meaning of the 6 constitution, and section A of this act shall be in full 7 force and effect upon its passage and approval. 8 