Text of OR HB 2477 (2023)

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 26 27 28 82nd OREGON LEGISLATIVE ASSEMBLY--2023 Regular Session House Bill 2477 Sponsored by Representative WALLAN (Presession filed.) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced. Prohibits district school boards from adopting specified procedures relating to parental notifi- cation. Prohibits classroom instruction on sexual orientation and gender identity, absent parental consent, before fourth grade. Prohibits school district from providing health care services if parent withholds consent or declines specified health care service. Requires parental consent before ad- ministering specified questionnaire or health screening form. Directs State Board of Education to adopt procedure for parents to report concerns regarding school district’s implementation of re- quirements. A BILL FOR AN ACT Relating to parental rights regarding students. Be It Enacted by the People of the State of Oregon: SECTION 1. (1) A district school board may not adopt procedures that prohibit school employees, contractors, agents or volunteers from notifying a student’s parent or guardian about the student’s mental, emotional or physical health or well-being, or a change in related services or monitoring, or that encourage or have the effect of encouraging a student to withhold such information from a parent or guardian. School employees, contractors, agents and volunteers may not discourage or prohibit parental notification of and involvement in critical decisions affecting a student’s mental, emotional or physical health or well-being. (2) Classroom instruction by school employees, contractors, agents and volunteers on sexual orientation or gender identity may not occur without parental notification and con- sent in kindergarten through grade 3 or in a manner that is not age appropriate or devel- opmentally appropriate for students in accordance with state standards. (3) Notwithstanding ORS 109.610, 109.640 and 109.675, a school district may not provide a health care service to a student if the student’s parent has withheld consent to or declined the specific health care service. At the beginning of the school year, each school district shall notify a student’s parents of health care services offered at the student’s school and the option to withhold consent or decline any specific service. Parental consent to a health care service does not waive the parent’s right to access the student’s educational or health records or to be notified about a change in the student’s services or monitoring as provided by this section. (4) Before administering a student well-being questionnaire or health screening form to a student in kindergarten through grade 3, the school district must provide the questionnaire or health screening form to the student’s parent or guardian and obtain the permission of the parent or guardian. (5)(a) Each school district shall designate a licensed administrator and alternate licensed administrator to receive reports from parents. The district school board shall adopt proce- NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 1293 HB 2477 1 2 3 4 5 6 7 8 9 10 11 12 13 14 dures for parents to notify the licensed administrator or alternate licensed administrator regarding any concerns a parent may have regarding the school district’s implementation of the provisions of this section. (b) At a minimum, the procedures must require that within 30 days after notification by the parent that the parent’s concern remains unresolved, the school district must either resolve the concern or provide a statement of the reasons for not resolving the concern. (c) If a parent’s concern is not resolved by the school district within 30 days from the parent’s notification under paragraph (a) of this subsection, the parent may request a hear- ing be conducted pursuant to rules of the State Board of Education. The State Board of Education shall adopt rules that establish when a school district is obligated to initiate a contested case hearing to ensure that a parent’s concerns under this section are addressed. The board’s rules must be as consistent as possible with the procedures applicable to a con- tested case under ORS chapter 183. [2]