Text of NJ A 4386 (2022)

ASSEMBLY, No. 4386 STATE OF NEW JERSEY 220th LEGISLATURE INTRODUCED JUNE 27, 2022 Sponsored by: Assemblyman CHRISTIAN E. BARRANCO District 26 (Essex, Morris and Passaic) SYNOPSIS Establishes "Parents' Bill of Rights." CURRENT VERSION OF TEXT As introduced. An Act concerning parents' rights and supplementing Title 9 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. This act shall be known and may be cited as the "Parents' Bill of Rights." 2. The Legislature finds and declares that it is a fundamental right of parents to direct the upbringing, education, and care of their minor children. The Legislature finds that important information relating to a minor child should not be withheld, either inadvertently or purposefully, from the child's parent, including information relating to the minor child's health, well-being, and education, while the minor child is in the custody of the school district. The Legislature finds it is necessary to establish a consistent mechanism for parents to be notified of information relating to the health and well-being of their minor children. 3. As used in this act: "Clinical laboratory" means a laboratory licensed by the Department of Health, pursuant to the "New Jersey Clinical Laboratory Improvement Act," P.L.1975, c.166 (C.45:9-11 42.26 et seq.). "Health care facility" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) "Health care provider" means a physician, physician assistant, nurse, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes. "Minor child" means a child under the age of 18 years. "Parent" means a person who has legal custody of a minor child as the biological parent, adoptive parent, or legal guardian. 4. The State, any of its political subdivisions, any governmental entity, or any other institution shall not infringe on the fundamental rights of a parent to direct the upbringing, education, health care and mental health of the parent's minor child without demonstrating that such action is reasonable and necessary to achieve a compelling State interest and that such action is narrowly tailored and is not otherwise served by a less restrictive means. 5. a. All rights are reserved to the parent of a minor child in this State without obstruction or interference from the State, any of its political subdivisions, any other governmental entity, or any other institutions, including, but not limited to, all of the following rights of the parent of a minor child in this State: (1) the right to direct the education and care of the parent's minor child; (2) the right to direct the upbringing and the moral or religious training of the parent's minor child; (3) the right to apply to enroll the parent's minor child in a public school or, as an alternative to public education, a private school, including a religious school, a home education program, or any other available options permitted by law; (4) the right to enroll the parent's minor child in a school outside of the public school system if the school in which the parent's minor child is currently enrolled in is classified by the State Department of Education as consistently underperforming, as that term is defined by the State pursuant to the federal "Every Student Succeeds Act," Pub.L. 114-95; (5) the right to access and review all school records relating to the minor child; (6) the right to make health care decisions for the parent's minor child, unless otherwise prohibited by law; (7) the right to access and review all medical records of the parent's minor child, unless prohibited by law or if the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement agency or official requests that the information not be released; (8) the right to consent in writing before a biometric scan of the parent's minor child is made, shared, or stored; (9) the right to consent in writing before any record of the parent's minor child's blood or deoxyribonucleic acid is created, stored, or shared, except as may be required by law or authorized pursuant to a court order; (10) the right to consent in writing before the State or any its political subdivisions, any governmental entity, or any other institution make a video or voice recording of the parent's minor child unless such recording is made during or as part of a court proceeding or a forensic interview in a criminal or Department of Children and Families investigation, or to be used solely for the following purposes: (a) a safety demonstration, including the maintenance of order and discipline in the common areas of a school or on school transportation vehicles; (b) a legitimate academic or extracurricular activity; (c) regular classroom instruction; (d) the security or surveillance of buildings or grounds; or (e) a photo identification card; and (11) the right to be notified promptly if an employee of the State, any of its political subdivisions, any other governmental entity, or any other institutions suspect that a criminal offense has been committed against the minor child, unless the incident has first been reported to law enforcement or the Department of Children and Families and notifying the parent would impede the investigation. b. This section shall not: (1) authorize the parent of a minor child in this State to engage in conduct that is unlawful or to abuse or neglect the parent's minor child in violation of any State or federal law; (2) condone, authorize, approve, or apply to a parental action or decision that would harm or end life; (3) prohibit a court of competent jurisdiction, a law enforcement officer, or an employee of a government agency that is responsible for child welfare from acting in their official capacity within the reasonable and prudent scope of their authority; or (4) prohibit a court of competent jurisdiction from issuing an order that is otherwise permitted by law. c. An employee of the State, any of its political subdivisions, or any other governmental entity who encourages or coerces, or attempts to encourage or coerce, a minor child to withhold information from the child's parent may be subject to disciplinary action. d. The parent of a minor child in this State shall have inalienable rights that are more comprehensive than those listed in this section, unless such rights have been legally waived or terminated. This act does not prescribe all the rights to the parent of a minor child in this State. Unless required by law, the rights of the parent of a minor child in this State may not be limited or denied. The act shall not be construed to apply to a parental action or decision that would harm or end life. 6. a. Each district board of education shall, in consultation with the parents, teachers, and administrators in that district, develop and adopt a policy to promote parental involvement in the district's public school system. The policy shall include: (1) a plan for parental participation in schools to improve parent and teacher cooperation in areas such as homework, school attendance, and discipline; (2) a procedure for the parent to learn about the parent's minor child's course of study including the source of any supplemental education materials; (3) procedures for the parent to object to instructional materials and other materials used in the class, where such objection may be based on beliefs regarding morality, sex, and religion that such materials are harmful; (4) procedures for the parent to withdraw the parent's minor child out of the school district's comprehensive health education that relates to sex education or instruction regarding sexuality, sexual orientation, and sexual transitioning, if the parent provides a written objection to the minor child's participation, and for the parent to be notified in advance of such course content so that the parent may withdraw the parent's minor child from those portions of the course; (5) procedures for the parent to learn about the nature and purpose of clubs and activities offered at the minor child's school, including those that are extracurricular or any part of the school curriculum; and (6) procedures for the parent to learn about the rights of parents including all of the following: (a) the right to review information concerning school choice options including open enrollment; (b) the right of the parent to exempt the minor child from immunizations; (c) the right of the parent to review Statewide, standardized assessment results; (d) the right of the parent to enroll the child in gifted or special education programs if qualified; (e) the right of the parent to inspect school district instructional materials; (f) the right of the parent to access information relating to the school district's policies for promotion or retention including high school graduation requirements; (g) the right of the parent to receive a school report card and be informed of the minor child's attendance requirements; (h) the right of the parent to access information relating to the State public education system, State standards, report card requirements, attendance requirements, and instruction materials requirements; (i) the right of the parent to participate in parent-teacher associations and organizations that are sanctioned by a district board of education or the Department of Education; (j) the right of the parent to enroll the parent's minor child in the local school within the child's school district; and (k) the right of the parent to opt out of any district-level data collection relating to the minor child not required by law. b. Each district board of education shall provide the information required in this section electronically or post such information on its Internet website. c. The parent of a minor child may request, in writing, from the school superintendent the information required under this section. Within 10 days, the school superintendent shall provide such information to the parent. If the school superintendent denies the parent's request for information or does not respond to the parent's request within 10 days, the parent may appeal the denial to the district board of education. The district board of education shall place the parent's appeal on the agenda for its next public meeting, or as soon as practicable, if the agenda can no longer be amended. 7. a. Except as otherwise provided by law, a health care provider shall not provide, solicit, or arrange to provide health care services or prescribe medicinal drugs to a minor child without first obtaining written parental consent. b. Except as provided by law or a court order, a health care facility shall not allow a medical procedure to be performed on a minor child in its facility without first obtaining written parental consent. c. This section shall not apply to: (1) the performance of medical or surgical care and procedures by a hospital, or by a physician licensed to practice medicine and surgery, in which a married person who is a minor or a pregnant person who is a minor has provided consent to the care or procedure pursuant to P.L.1965, c.217 (C.9:17A-1); or (2) services provided by a clinical laboratory, unless the services are delivered through a direct encounter with a minor child at the clinical laboratory. e. A health care provider or any other person who violates this section shall be subject to disciplinary action and shall be guilty of a misdemeanor. 8. This act shall take effect immediately. STATEMENT This bill establishes the "Parents' Bill of Rights." Under the provisions of this bill, the Legislature finds and declares that it is a fundamental right of parents to direct the upbringing, education, and care of their minor children. The Legislature finds that important information relating to a minor child should not be withheld, either inadvertently or purposefully, from the child's parent, including information relating to the minor child's health, well-being, and education, while the minor child is in the custody of the school district. The Legislature finds it is necessary to establish a consistent mechanism for parents to be notified of information relating to the health and well-being of their minor children. The provides that the State, any of its political subdivisions, any governmental entity, or any other institution will not infringe on the fundamental rights of a parent to direct the upbringing, education, health care and mental health of the parent's minor child without demonstrating that such action is reasonable and necessary to achieve a compelling State interest and that such action is narrowly tailored and is not otherwise served by a less restrictive means. Under the provisions of the bill, all rights are reserved to the parent of a minor child in this State, including, but not limited to, all of the following rights of the parent of a minor child in this State: (1) the right to direct the education and care of the parent's minor child; (2) the right to direct the upbringing and the moral or religious training of the parent's minor child; (3) the right to apply to enroll the parent's minor child in a public school or, as an alternative to public education, a private school, including a religious school, a home education program, or any other available options permitted by law; (4) the right to enroll the parent's minor child in a school outside of the public school system if the school in which the parent's minor child is currently enrolled in is classified by the State Department of Education as consistently underperforming, as that term is defined by the State pursuant to the federal "Every Student Succeeds Act," Pub.L. 114-95; (5) the right to access and review all school records relating to the minor child; (6) the right to make health care decisions for the parent's minor child, unless otherwise prohibited by law; (7) the right to access and review all medical records of the parent's minor child, unless prohibited by law or if the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement agency or official requests that the information not be released; (8) the right to consent in writing before a biometric scan of the parent's minor child is made, shared, or stored; (9) the right to consent in writing before any record of the parent's minor child's blood or deoxyribonucleic acid is created, stored, or shared, except as may be required by law or authorized pursuant to a court order; (10) the right to consent in writing before the State or any its political subdivisions, any governmental entity, or any other institution make a video or voice recording of the parent's minor child unless such recording is made during or as part of a court proceeding or a forensic interview in a criminal or Department of Children and Families investigation, or to be used solely for the following purposes: (a) a safety demonstration, including the maintenance of order and discipline in the common areas of a school or on school transportation vehicles; (b) a legitimate academic or extracurricular activity; (c) regular classroom instruction; (d) security or surveillance of buildings or grounds; or (e) a photo identification card; and (11) the right to be notified promptly if an employee of the State, any of its political subdivisions, any other governmental entity, or any other institutions suspect that a criminal offense has been committed against the minor child, unless the incident has first been reported to law enforcement or the Department of Children and Families and notifying the parent would impede the investigation. This bill does not: (1) authorize the parent of a minor child in this State to engage in conduct that is unlawful or to abuse or neglect the parent's minor child in violation of any State or federal law; (2) condone, authorize, approve, or apply to a parental action or decision that would harm or end life; (3) prohibit a court of competent jurisdiction, a law enforcement officer, or an employee of a government agency that is responsible for child welfare from acting in their official capacity within the reasonable and prudent scope of their authority; or (4) prohibit a court of competent jurisdiction from issuing an order that is otherwise permitted by law. The bill provides that an employee of the State, any of its political subdivisions, or any other governmental entity who encourages or coerces, or attempts to encourage or coerce, a minor child to withhold information from the child's parent may be subject to disciplinary action. This bill also provides that the parent of a minor child in this State has inalienable rights that are more comprehensive than those listed in this bill, unless such rights have been legally waived or terminated. This bill does not prescribe all the rights to the parent of a minor child in this State. Unless required by law, the rights of the parent of a minor child in this State may not be limited or denied. The bill is not be construed to apply to a parental action or decision that would harm or end life. This bill requires each district board of education, in consultation with the parents, teachers, and administrators in that district, to develop and adopt a policy to promote parental involvement in the district's public school system. The policy will include: (1) a plan for parental participation in schools to improve parent and teacher cooperation in areas such as homework, school attendance, and discipline; (2) a procedure for the parent to learn about the parent's minor child's course of study including the source of any supplemental education materials; (3) procedures for the parent to object to instructional materials and other materials used in the class, where such objection may be based on beliefs regarding morality, sex, and religion that such materials are harmful; (4) procedures for the parent to withdraw the parent's minor child out of the school district's comprehensive health education that relates to sex education or instruction regarding sexuality, sexual orientation, and sexual transitioning, if the parent provides a written objection to the minor child's participation, and for the parent to be notified in advance of such course content so that the parent may withdraw the parent's minor child from those portions of the course; (5) procedures for the parent to learn about the nature and purpose of clubs and activities offered at the minor child's school, including those that are extracurricular or part of the school curriculum; and (6) procedures for the parent to learn about the rights of parents including all of the following: (a) the right to review information concerning school choice options including open enrollment; (b) the right of the parent to exempt the minor child from immunizations; (c) the right of the parent to review Statewide, standardized assessment results; (d) the right of the parent to enroll the child in gifted or special education programs; (e) the right of the parent to inspect school district instructional materials; (f) the right of the parent to access information relating to the school district's policies for promotion or retention including high school graduation requirements; (g) the right of the parent to receive a school report card and be informed of the minor child's attendance requirements; (h) the right of the parent to access information relating to the State public education system, State standards, report card requirements, attendance requirements, and instruction materials requirements; (i) the right of the parent to participate in parent-teacher associations and organizations that are sanctioned by a district board of education or the Department of Education; (j) the right of the parent to enroll the parent's minor child in the local school within the child's school district; and (k) the right of the parent to opt out of any district-level data collection relating to the minor child not required by law. This bill requires each district board of education to provide the information required by the bill electronically or post such information on its Internet website. The bill provides that the parent of a minor child may request, in writing, from the school superintendent the information required by the bill. Within 10 days, the school superintendent will provide such information to the parent. If the school superintendent denies the parent's request for information or does not respond to the parent's request within 10 days, the parent may appeal the denial to the district board of education. The district board of education will place the parent's appeal on the agenda for its next public meeting, or as soon as practicable, if the agenda can no longer be amended. Except as otherwise provided by law, the bill prohibits a health care provider from providing, soliciting, or arranging to provide health care services or prescribe medicinal drugs to a minor child without first obtaining written parental consent. Except as otherwise provided by law, the bill prohibits a health care facility from allowing a medical procedure to be performed on a minor child in its facility without first obtaining written parental consent. The provisions of the bill will not apply to the performance of medical or surgical care and procedures by a hospital, or by a physician licensed to practice medicine and surgery, on a married person who is a minor or a pregnant person who is a minor, who has provided consent to the care or procedure pursuant to P.L.1965, c.217 (C.9:17A-1). The provisions of the bill will also not apply to services provided by a clinical laboratory, unless the services are delivered through a direct encounter with a minor child at the clinical laboratory. The bill provides that a health care provider or any other person who violates this bill will be subject to disciplinary action and will be guilty of a misdemeanor.