Text of MS HB 1605 (2024)

MISSISSIPPI LEGISLATURE 2024 Regular Session To: Education By: Representative Hall House Bill 1605 AN ACT TO BE KNOWN AS THE "FAMILIES' BILL OF RIGHTS ACT"; TO DEFINE CERTAIN TERMS; TO DECLARE THE FUNDAMENTAL RIGHT OF A PARENT TO DIRECT THE UPBRINGING, EDUCATION, HEALTH CARE AND MENTAL HEALTH OF THE PARENT'S CHILD AND TO PRESCRIBE CERTAIN RIGHTS AND RESPONSIBILITIES OF PARENTS; TO REQUIRE SCHOOL DISTRICTS AND CHARTER SCHOOLS TO GRANT PARENTS ACCESS TO THEIR CHILDREN'S EDUCATIONAL RECORDS; TO PRESCRIBE CERTAIN ACTIONS FOR WHICH TEACHERS MAY NOT BE SUBJECTED TO DISCIPLINE OR ADVERSE EMPLOYMENT ACTION; TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, TO REQUIRE A CHILD'S ABSENCE FROM SCHOOL DUE TO ADHERENCE TO THE CHILD'S RELIGION AND OBSERVANCE OF A RELIGIOUS EVENT TO BE EXCUSED; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known and may be cited as the "Families' Bill of Rights Act." SECTION 2. As used in this act, the following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise: (a) "Child" means a person under the age of eighteen (18) years. (b) "Curriculum" includes all textbooks, handouts, videos, software, questionnaires, surveys and other written or electronic materials used to instruct students in a class or course. (c) "Educational records" includes attendance records, test scores of school-administered tests and state-wide assessments, grades, extracurricular activity or club participation, email accounts, online or virtual accounts or data, disciplinary records, counseling records, psychological records, applications for admission, medical records, immunization information, teacher and counselor evaluations, and reports of behavioral patterns. (d) "Parent" means a biological parent of a child, an adoptive parent of a child, or an individual who has been granted exclusive right and authority over the welfare of a child under state law. SECTION 3. (1) The state, a political subdivision of the state, school district, charter school or other governmental entity may not burden substantially the fundamental right of a parent to direct the upbringing, education, health care and mental health of that parent's child without demonstrating that the burden is required by a compelling governmental interest of the highest order as applied to the parent and the child and is the least restrictive means of furthering that compelling governmental interest. (2) All parental rights are reserved exclusively to a parent of a child without obstruction by or interference from the state, including, but not limited to, the following rights and responsibilities: (a) To direct the upbringing of the child; (b) To direct the moral or religious training of the child; (c) To make and consent to all physical and mental health care decisions for the child; (d) To access and review all health and medical records of the child; (e) To direct the education of the child, including the right to choose public, private, religious or homeschool and the right to make reasonable choices within public schools for the education of the child; (f) To access and review all written and electronic educational records relating to the child which are controlled by or in the possession of a school; (g) To have the child excused from school attendance for religious purposes; (h) To participant in parent-teacher associations and school organizations that are sanctioned by the school board of a school district; (i) To be notified promptly if an employee of the state, a school district or a charter school reasonably believes that abuse, neglect or any criminal offense has been committed against the child by someone other than the parent, unless doing so would interfere with a criminal or Mississippi Department of Child Protection Services investigation; (j) To consent before a biometric scan of the child is made, shared or stored; (k) To consent before a record of the child's blood or deoxyribonucleic acid (DNA) is created, stored or shared, unless required pursuant to a court order; and (l) To consent before a governmental entity makes a video or voice recording of the child, unless the video or voice recording is made during or as a part of: (i) A court proceeding; (ii) A law enforcement investigation; (iii) A forensic interview in a criminal or Mississippi Department of Child Protection Services investigation; (iv) The security or surveillance of buildings or grounds; (v) A photo identification card; or (vi) A public event where the child has no reasonable expectation of privacy. (3) This section does not authorize or allow a parent to abuse or neglect a child as defined in Section 97-5-39. This section does not apply to a parental action or decision that would end life. This section does not prohibit a court from issuing an order that is otherwise permitted by law. (4) An employee of this state, a school district or charter school, other than law enforcement personnel, may not: (a) Encourage or coerce a child to withhold information from the child's parent; or (b) Withhold from a child's parent information that is relevant to the physical, emotional or mental health of the child. SECTION 4. (1) A parent must have access to all written and electronic educational records concerning the parent's child which are controlled by or in the possession of a school district or charter school, employee or a person or organization hired by, contracted with, or authorized by the school district or charter school to provide services to students. (2) District and charter school employees may not withhold or conceal information from, or facilitate, encourage or coerce a child to withhold or conceal information from, the child's parents about the child's: (a) Curricular and extracurricular projects, assignments and activities; (b) Physical, emotional or mental health; or (c) Purported gender identity or requested transition, where the child's purported gender identity is incongruous with the child's biological sex. SECTION 5. A teacher or other employee of a school district or charter school may not be subjected to disciplinary action or an adverse employment action for any of the following: (a) Informing a child's parent of any information regarding the child that the individual reasonably believes the parent should know; (b) Declining to address a person using a name, pronoun or title that is inconsistent with the person's sex; (c) Engaging in religious expression, prayer and discussions and sharing religious materials with other faculty and employees at the same time and in the same manner that faculty and employees are permitted to engage in nonreligious expression and discussions; (d) Serving as a sponsor of student religious clubs and assisting students in planning meetings, activities and events to the same extent that faculty sponsors of nonreligious clubs are permitted to do so; (e) Participating in voluntary student-initiated, student-led prayer, such as prayer before a sporting event, when invited to do so by the students, provided that the participation is in the individual's personal capacity and not as an employee of the school; (f) Wearing religious clothing, symbols or jewelry, provided that the items otherwise comply with a dress code implemented by the employee's public elementary or secondary school; and (g) Decorating the employee's desk and other personal space in the individual's office or classroom with items that reflect the individual's religious beliefs to the same extent that other faculty and employees are permitted to decorate desks and other personal space. SECTION 6. Section 37-13-91, Mississippi Code of 1972, is amended as follows: 37-13-91. (1) This section shall be referred to as the "Mississippi Compulsory School Attendance Law." (2) The following terms as used in this section are defined as follows: (a) "Parent" means the father or mother to whom a child has been born, or the father or mother by whom a child has been legally adopted. (b) "Guardian" means a guardian of the person of a child, other than a parent, who is legally appointed by a court of competent jurisdiction. (c) "Custodian" means any person having the present care or custody of a child, other than a parent or guardian of the child. (d) "School day" means not less than five and one-half (5-1/2) and not more than eight (8) hours of actual teaching in which both teachers and pupils are in regular attendance for scheduled schoolwork. (e) "School" means any public school, including a charter school, in this state or any nonpublic school in this state which is in session each school year for at least one hundred eighty (180) school days, except that the "nonpublic" school term shall be the number of days that each school shall require for promotion from grade to grade. (f) "Compulsory-school-age child" means a child who has attained or will attain the age of six (6) years on or before September 1 of the calendar year and who has not attained the age of seventeen (17) years on or before September 1 of the calendar year; and shall include any child who has attained or will attain the age of five (5) years on or before September 1 and has enrolled in a full-day public school kindergarten program. (g) "School attendance officer" means a person employed by the State Department of Education pursuant to Section 37-13-89. (h) "Appropriate school official" means the superintendent of the school district, or his designee, or, in the case of a nonpublic school, the principal or the headmaster. (i) "Nonpublic school" means an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial and home instruction programs. (3) A parent, guardian or custodian of a compulsory-school-age child in this state shall cause the child to enroll in and attend a public school or legitimate nonpublic school for the period of time that the child is of compulsory school age, except under the following circumstances: (a) When a compulsory-school-age child is physically, mentally or emotionally incapable of attending school as determined by the appropriate school official based upon sufficient medical documentation. (b) When a compulsory-school-age child is enrolled in and pursuing a course of special education, remedial education or education for handicapped or physically or mentally disadvantaged children. (c) When a compulsory-school-age child is being educated in a legitimate home instruction program. The parent, guardian or custodian of a compulsory-school-age child described in this subsection, or the parent, guardian or custodian of a compulsory-school-age child attending any charter school or nonpublic school, or the appropriate school official for any or all children attending a charter school or nonpublic school shall complete a "certificate of enrollment" in order to facilitate the administration of this section. The form of the certificate of enrollment shall be prepared by the Office of Compulsory School Attendance Enforcement of the State Department of Education and shall be designed to obtain the following information only: (i) The name, address, telephone number and date of birth of the compulsory-school-age child; (ii) The name, address and telephone number of the parent, guardian or custodian of the compulsory-school-age child; (iii) A simple description of the type of education the compulsory-school-age child is receiving and, if the child is enrolled in a nonpublic school, the name and address of the school; and (iv) The signature of the parent, guardian or custodian of the compulsory-school-age child or, for any or all compulsory-school-age child or children attending a charter school or nonpublic school, the signature of the appropriate school official and the date signed. The certificate of enrollment shall be returned to the school attendance officer where the child resides on or before September 15 of each year. Any parent, guardian or custodian found by the school attendance officer to be in noncompliance with this section shall comply, after written notice of the noncompliance by the school attendance officer, with this subsection within ten (10) days after the notice or be in violation of this section. However, in the event the child has been enrolled in a public school within fifteen (15) calendar days after the first day of the school year as required in subsection (6), the parent or custodian may, at a later date, enroll the child in a legitimate nonpublic school or legitimate home instruction program and send the certificate of enrollment to the school attendance officer and be in compliance with this subsection. For the purposes of this subsection, a legitimate nonpublic school or legitimate home instruction program shall be those not operated or instituted for the purpose of avoiding or circumventing the compulsory attendance law. (4) An "unlawful absence" is an absence for an entire school day or during part of a school day by a compulsory-school-age child, which absence is not due to a valid excuse for temporary nonattendance. For purposes of reporting absenteeism under subsection (6) of this section, if a compulsory-school-age child has an absence that is more than thirty-seven percent (37%) of the instructional day, as fixed by the school board for the school at which the compulsory-school-age child is enrolled, the child must be considered absent the entire school day. Days missed from school due to disciplinary suspension shall not be considered an "excused" absence under this section. This subsection shall not apply to children enrolled in a nonpublic school. Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory-school-age child enrolled in a noncharter public school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district, or his designee: (a) An absence is excused when the absence results from the compulsory-school-age child's attendance at an authorized school activity with the prior approval of the superintendent of the school district, or his designee. These activities may include field trips, athletic contests, student conventions, musical festivals and any similar activity. (b) An absence is excused when the absence results from illness or injury which prevents the compulsory-school-age child from being physically able to attend school. (c) An absence is excused when isolation of a compulsory-school-age child is ordered by the county health officer, by the State Board of Health or appropriate school official. (d) An absence is excused when it results from the death or serious illness of a member of the immediate family of a compulsory-school-age child. The immediate family members of a compulsory-school-age child shall include children, spouse, grandparents, parents, brothers and sisters, including stepbrothers and stepsisters. (e) An absence is excused when it results from a medical or dental appointment of a compulsory-school-age child. (f) An absence is excused when it results from the attendance of a compulsory-school-age child at the proceedings of a court or an administrative tribunal if the child is a party to the action or under subpoena as a witness. (g) An absence * * *may be is excused if the religion to which the compulsory-school-age child or the child's parents adheres, requires or suggests the observance of a religious event. * * *The approval of the absence is within the discretion of the superintendent of the school district, or his designee, but approval should be granted unless the religion's observance is of such duration as to interfere with the education of the child. (h) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that the purpose of the absence is to take advantage of a valid educational opportunity such as travel, including vacations or other family travel. Approval of the absence must be gained from the superintendent of the school district, or his designee, before the absence, but the approval shall not be unreasonably withheld. (i) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that conditions are sufficient to warrant the compulsory-school-age child's nonattendance. However, no absences shall be excused by the school district superintendent, or his designee, when any student suspensions or expulsions circumvent the intent and spirit of the compulsory attendance law. (j) An absence is excused when it results from the attendance of a compulsory-school-age child participating in official organized events sponsored by the 4-H or Future Farmers of America (FFA). The excuse for the 4-H or FFA event must be provided in writing to the appropriate school superintendent by the Extension Agent or High School Agricultural Instructor/FFA Advisor. (k) An absence is excused when it results from the compulsory-school-age child officially being employed to serve as a page at the State Capitol for the Mississippi House of Representatives or Senate. (5) Any parent, guardian or custodian of a compulsory-school-age child subject to this section who refuses or willfully fails to perform any of the duties imposed upon him or her under this section or who intentionally falsifies any information required to be contained in a certificate of enrollment, shall be guilty of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with Section 97-5-39. Upon prosecution of a parent, guardian or custodian of a compulsory-school-age child for violation of this section, the presentation of evidence by the prosecutor that shows that the child has not been enrolled in school within eighteen (18) calendar days after the first day of the school year of the public school which the child is eligible to attend, or that the child has accumulated twelve (12) unlawful absences during the school year at the public school in which the child has been enrolled, shall establish a prima facie case that the child's parent, guardian or custodian is responsible for the absences and has refused or willfully failed to perform the duties imposed upon him or her under this section. However, no proceedings under this section shall be brought against a parent, guardian or custodian of a compulsory-school-age child unless the school attendance officer has contacted promptly the home of the child and has provided written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance. (6) If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days after the first day of the school year of the school which the child is eligible to attend or the child has accumulated five (5) unlawful absences during the school year of the public school in which the child is enrolled, the school district superintendent, or his designee, shall report, within two (2) school days or within five (5) calendar days, whichever is less, the absences to the school attendance officer. The State Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful absences to the school attendance officer. The superintendent, or his designee, also shall report any student suspensions or student expulsions to the school attendance officer when they occur. (7) When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child. Sheriffs, deputy sheriffs and municipal law enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful absences by compulsory-school-age children, and shall be authorized to file a petition with the youth court under Section 43-21-451 or file a petition or information in the court of competent jurisdiction as it pertains to parent or child for violation of this section. The youth court shall expedite a hearing to make an appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance Law, and may order the child to enroll or re-enroll in school. The superintendent of the school district to which the child is ordered may assign, in his discretion, the child to the alternative school program of the school established pursuant to Section 37-13-92. (8) The State Board of Education shall adopt rules and regulations for the purpose of reprimanding any school superintendents who fail to timely report unexcused absences under the provisions of this section. (9) Notwithstanding any provision or implication herein to the contrary, it is not the intention of this section to impair the primary right and the obligation of the parent or parents, or person or persons in loco parentis to a child, to choose the proper education and training for such child, and nothing in this section shall ever be construed to grant, by implication or otherwise, to the State of Mississippi, any of its officers, agencies or subdivisions any right or authority to control, manage, supervise or make any suggestion as to the control, management or supervision of any private or parochial school or institution for the education or training of children, of any kind whatsoever that is not a public school according to the laws of this state; and this section shall never be construed so as to grant, by implication or otherwise, any right or authority to any state agency or other entity to control, manage, supervise, provide for or affect the operation, management, program, curriculum, admissions policy or discipline of any such school or home instruction program. SECTION 7. This act shall take effect and be in force from and after July 1, 2024.