Text of PA HB 319 (2023)

PRINTER'S NO. 282 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No. 319 Session of 2023 INTRODUCED BY BOROWICZ, ROAE, M. MACKENZIE, KAUFFMAN, R. MACKENZIE, STAATS, HAMM, OWLETT, JAMES, LEADBETER, FINK, ZIMMERMAN, GLEIM, ROWE, KEEFER, SCIALABBA, WARNER, SMITH, M. BROWN, SCHEMEL AND SCHEUREN, MARCH 13, 2023 REFERRED TO COMMITTEE ON EDUCATION, MARCH 13, 2023 AN ACT Providing for classroom instruction on sexual orientation and gender identity and for parental notification of student health care services; and establishing cause of action for violation. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Short title. This act shall be known and may be cited as the Parental Rights in Education Act. Section 2. Legislative intent. The General Assembly finds and declares that it is the fundamental right of a parent or legal guardian of a student to make decisions regarding the student's upbringing and well- being. Section 3. Definitions. The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 "Professional employee." As the term "professional employe" is defined in section 1101(1) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949. "School entity." A school district, intermediate unit, area career and technical school, charter school, cyber charter school or regional charter school. Section 4. Classroom instruction on sexual orientation and gender identity. A school entity may not offer instruction on sexual orientation or gender identity to a student in kindergarten through fifth grade. Section 5. Parental notification of student health care services. Beginning with the 2023-2024 school year and each school year thereafter, a school entity shall implement a parental notification procedure that reinforces the fundamental right of a parent or legal guardian of a student to make decisions regarding the student's upbringing and well-being and that includes: (1) A notice to parents or legal guardians of health care services offered by the school entity. (2) A form with an option for parents and legal guardians to withhold consent or decline a health care service offered by the school entity. (3) A process for notifying a student's parent or legal guardian of a change in the student's health care services or monitoring related to a student's mental, emotional or physical health. Section 6. Student well-being questionnaires, health care screening forms and surveys. 20230HB0319PN0282 - 2 - 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 29 30 Before administering a student well-being questionnaire, health care screening form or survey to a student in kindergarten through fifth grade, a school entity must: (1) Provide written notice to the parent or legal guardian of the student well-being questionnaire, health care screening form or survey. (2) Publish a copy of the student well-being questionnaire, health care screening form or survey on the school entity's publicly accessible Internet website or produce a hard copy upon request by the parent or legal guardian. (3) Provide an option for a parent or legal guardian to withhold consent from the student's participation in the student well-being questionnaire, health care screening form or survey. Section 7. Prohibited actions. A school entity, professional employee or school representative may not: (1) Encourage, or the have the effect of encouraging, a student to withhold information regarding the student's mental or physical health from the student's parent or legal guardian. (2) Prohibit a parent or guardian of a student from accessing the student's education or health records created, maintained or used by the school entity. (3) Retaliate or take adverse action against a student who reports a violation of this act to the school entity or a Federal or State agency with oversight of school entities in this Commonwealth. Section 8. Civil action. 20230HB0319PN0282 - 3 - 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 29 30 A student, or parent or guardian on behalf of the student, of a school entity that violates this act may bring a civil action in a court of competent jurisdiction for appropriate injunctive relief or damages, or both, within 180 days after the alleged violation. Section 9. Effective date. This act shall take effect in 60 days. 20230HB0319PN0282 - 4 - 1 2 3 4 5 6 7