Text of NM HB 296 (2024)

underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HOUSE BILL 296 56TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2024 INTRODUCED BY Mark Duncan and Rod Montoya and James G. Townsend and Alan T. Martinez and Gail Armstrong AN ACT RELATING TO EDUCATION; ENACTING THE PARENTAL BILL OF RIGHTS ACT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. A new section of the Public School Code is enacted to read: "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Parental Bill of Rights Act"." SECTION 2. A new section of the Public School Code is enacted to read: "[NEW MATERIAL] DUTIES OF THE DEPARTMENT--ACADEMIC STANDARDS.--The department shall post on its publicly accessible website, and widely disseminate to the public, notice of any revisions to the state's academic standards in English and in Spanish, including any revisions to the levels .227174.2 underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of achievement within the state's academic achievement standards, and a copy of such revisions." SECTION 3. A new section of the Public School Code is enacted to read: "[NEW MATERIAL] DUTIES OF SCHOOL DISTRICTS.-- A. Every school district shall post curricula for elementary and secondary school grade levels on a publicly accessible website of the school district or, if the school district does not operate a website, shall widely disseminate to the public a description of such curricula and information on how parents can review such curricula. B. Every school district shall annually publicly report the district's budget for each school year, including all revenues and expenditures for the district as a whole and for each elementary school and secondary school within the school district. In addition to the detailed budget information required by this subsection, the district shall include a separate fact sheet that summarizes such information in a clear and easily understandable format. C. Every school district shall post on a publicly accessible website of the school district or, if the district does not operate a website, widely disseminate to the public the plan for carrying out the parent and family engagement set forth in 20 U.S.C. Section 6318 and all policies and procedures that result from such engagement. .227174.2 - 2 - underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 D. Every school district shall ensure that each elementary school served by the district notify the parents of a student enrolled at the school when the student does not score at grade-level in reading or language arts at the end of kindergarten through third grade based on the reading or language arts assessments administered pursuant to federal law or another assessment administered to all students by the school. E. Every school district shall ensure that each elementary school and secondary school served by the district provide to the parents of students enrolled at the school, before a person speaks in person or virtually to students in a class, school assembly or any other school-sponsored event, notice that includes the name of the speaker and the name of the organization or other entity being represented by the speaker. F. Every school district shall ensure that each elementary school and secondary school served by the district provide the parents of each child who is a student in the school: (1) at the beginning of each school year, a list of books and other reading materials available in the library of the school; and (2) the opportunity to inspect the books and other reading materials. .227174.2 - 3 - underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 G. Every school district shall ensure that each elementary school and secondary school served by the district provide the parents of each child who is a student in the school timely notification of any violent activity occurring on school grounds or at school-sponsored activities in which one or more individuals suffer injuries, including whether the district is aware of videos or recordings of the violent activity; provided that the notification shall not contain names or the grade level of any students involved in the activity. H. Every school district shall ensure that each elementary school and secondary school served by the district provide the parents of each child who is a student in the school timely notification of a plan to eliminate gifted and talented or college credit programs in the school, including advanced placement and dual-enrollment classes. I. Every school district shall ensure that each elementary school and secondary school served by the district provide the parents of each child who is a student in the school the information described in Subsection O of Section 4 of the Parental Bill of Rights Act. J. Every school district shall ensure that each elementary school and secondary school served by the district provide the parents of each child who is a student in the school the information described in Subsection F of Section 4 .227174.2 - 4 - underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the Parental Bill of Rights Act, including the enrollment and transfer options described in that subsection. K. Every school district shall ensure that each elementary school and secondary school served by the district notify the parents of a child who is a student in the school if a school employee or contractor takes, with respect to the student, an action set forth in Subsection L of Section 4 of the Parental Bill of Rights Act. L. Every school district shall ensure that each elementary school and secondary school served by the district notify the parents of a child who is a student in the school if a: (1) school employee or contractor takes, with respect to the student, an action described in Paragraph (1) of Subsection M of Section 4 of the Parental Bill of Rights Act; and (2) student takes the action described in Paragraph (2) of Subsection M of Section 4 of the Parental Bill of Rights Act. M. Every school district shall ensure that each elementary school and secondary school served by the district provide the parents of a child who is a student in the school the opportunity to review professional development materials to ensure the parental right described in Subsection J of Section 4 of the Parental Bill of Rights Act. .227174.2 - 5 - underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 N. Every school district shall ensure that each elementary school and secondary school served by the district provide the parents of a child who is a student in the school the information described in Subsections P and Q of Section 4 of the Parental Bill of Rights Act. O. Every school district shall ensure that each elementary school and secondary school served by the district provide the parents of a child who is a student in the school notifications described in Subsection R of Section 4 of the Parental Bill of Rights Act. P. Every school district shall provide the parents of a child who is a student in an elementary school or a secondary school served by the district: (1) the opportunity to meet in-person or virtually via video conference with each teacher of the student not less than twice during each school year and a notification at the beginning of each school year of the opportunity for such meetings, including the option to attend such meetings virtually via video conference; and (2) the opportunity to address the local school board of the school district on issues impacting the education of children in the district and on any violations of the rights specified in Paragraph (1) of this subsection. Q. In developing a privacy policy or procedure, every school district shall engage meaningfully with parents of .227174.2 - 6 - underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 students in attendance at the schools served by the district. R. Every school district or authorized representative of the district shall, upon request from a parent of a student, disclose to the parent the identity of an individual or entity with whom information is shared from the education record of the student or any response of the student to a survey. S. Every school district shall make each of the following available for inspection by the parents of the children in attendance at schools served by the district, and the availability of the following for inspection shall not be conditioned on any requirement that parents sign a nondisclosure agreement: (1) all instructional materials, including teacher's manuals, films, tapes or other supplementary material that will be used in a school or in connection with any survey, analysis or evaluation; (2) any books or other reading materials made available to students in a school or through the school library of that school; and (3) any professional development materials. T. Every school district shall provide comment periods during which parents of the children in attendance at the schools served by the school district may inspect and provide feedback on any of the materials referred to in .227174.2 - 7 - underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Subsection S of this section that: (1) are expected to be used to teach students at the school during the three weeks following the comment period; or (2) were used to teach students at the school during preceding portions of the school year. U. The comment periods described in Subsection T of this section shall be held not less frequently than once every sixteen weeks during the school year, and each comment period shall be not less than three school days in duration. V. Whenever this section requires a school district to post information on a website, provide or publicly report information or notify or disclose information to parents, the school district shall do so in English and in Spanish." SECTION 4. A new section of the Public School Code is enacted to read: "[NEW MATERIAL] PARENTAL RIGHTS--PUBLICATION.--A school district shall ensure that each elementary school and secondary school served by the district post on a publicly accessible website of the school or, if the school does not operate a website, widely disseminate to the public in English and in Spanish a summary notice of the rights of parents to information about their children's education as required pursuant to the Parental Bill of Rights Act, which shall be in an understandable format for parents and include: .227174.2 - 8 - underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. the right to review and make copies of, at no cost, the curricula of the child's school; B. the right to know if the state alters the state's academic standards; C. the right to meet with each teacher of the student not less than twice during each school year; D. the right to review the budget, including all revenues and expenditures, of the child's school; E. the right to: (1) receive a list of the books and other reading materials available in the library of the child's school; and (2) inspect such books or other reading materials; F. the right to information about all schools in which the student can enroll, including options for enrolling in or transferring to: (1) other schools served by the school district; (2) charter schools; and (3) schools served by a different school district in the state; G. the right to address the local school board; H. the right to information about violent activity in the child's school; .227174.2 - 9 - underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I. the right to information about any plans to eliminate gifted and talented or college credit programs in the child's school, including advanced placement and dual- enrollment classes; J. the right to review any professional development materials; K. the right to know if the student is not grade- level proficient in reading or language arts at the end of kindergarten through third grade; L. the right to know if a school employee or contractor acts to: (1) change a minor child's gender markers, pronouns or preferred name; or (2) allow a student to change the student's sex-based accommodations, including locker rooms or bathrooms; M. the right to know if: (1) a school employee or contractor acts to treat or address: (a) the cyberbullying of a student; (b) the bullying or hazing of a student; (c) a student's mental health, suicidal ideation or instances of self-harm; (d) a specific threat to the safety of a student; (e) the possession or use of drugs and .227174.2 - 10 - underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 other controlled substances; or (f) an eating disorder; or (2) a student brings a weapon to school; N. the right to the notice described in Subsection E of Section 3 of the Parental Bill of Rights Act before a person speaks in person or virtually to the student in a class, school assembly or any other school-sponsored event; O. the right to be informed of the total number of school counselors in the child's school; P. the right to know if the child's school operates, sponsors or facilitates athletic programs or activities that: (1) permit an individual whose biological sex is male to participate in an athletic program or activity that is designated for individuals whose biological sex is female; or (2) permit an individual whose biological sex is female to participate in an athletic program or activity that is designated for individuals whose biological sex is male; Q. the right to know if: (1) the child's school allows an individual whose biological sex is male to use restrooms or changing rooms designated for individuals whose biological sex is female; or (2) the child's school allows an individual .227174.2 - 11 - underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 whose biological sex is female to use restrooms or changing rooms designated for individuals whose biological sex is male; and R. the right to timely notice of any major cyberattack against the child's school that may have compromised student or parent information." SECTION 5. A new section of the Public School Code is enacted to read: "[NEW MATERIAL] SCHOOL DISTRICTS--PROHIBITED ACTIONS.-- A. A school district shall not act as the agent of a parent of a student in attendance at a school of the district for purposes of providing verifiable parental consent for the use of technology in the classroom for purposes of educating the student without providing notice and an opportunity for the parent to object to the use of such technology. B. A school district shall not act as the agent of a parent of a student in attendance at a school of the district for purposes of providing verifiable parental consent for a vaccination. C. A school district or authorized representative of the district shall not sell student information for commercial or financial gain except for products sold to students by or on behalf of the district such as yearbooks, prom tickets and school pictures. D. A school district shall not administer medical .227174.2 - 12 - underscored material = new [bracketed material] = delete 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 examinations or screenings of students without prior notice to and consent of parents of students; provided that in the event of an emergency that requires a medical examination or screening without time for parental notification and consent, the district shall promptly notify parents of the examination or screening. E. A school district shall not collect, disclose or use personal information collected from students for the purpose of marketing or for selling that information, or otherwise providing that information to others for those purposes, other than for a legitimate educational purpose to improve the education of students, and arrangements shall be provided by the district to protect student privacy in the event of such collection, disclosure or use for a legitimate educational purpose." SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2024. - 13 - .227174.2