Text of WY SF 117 (2023)

2023 STATE OF WYOMING 23LSO-0156 1 SF0117 SENATE FILE NO. SF0117 Parental rights in education. Sponsored by: Senator(s) Dockstader and Representative(s) Allred A BILL for 1 AN ACT relating to education; specifying procedures and 2 requirements for school districts to provide parents notice 3 of information regarding students and the rights of parents 4 to make decisions regarding their children; specifying that 5 school districts cannot prohibit parental notification and 6 involvement in critical decisions involving students; 7 prohibiting classroom discussion about sexual orientation 8 or gender identity as specified; specifying training 9 requirements for school districts; specifying procedures 10 for resolving parent concerns and complaints; specifying 11 duties for school district boards of trustees and the state 12 board of education; providing for a cause of action; 13 requiring rulemaking; and providing for effective dates. 14 15 Be It Enacted by the Legislature of the State of Wyoming: 2023 STATE OF WYOMING 23LSO-0156 2 SF0117 1 2 Section 1. W.S. 21-3-134 is created to read: 3 4 21-3-134. Parental notices related to health care and 5 gender instruction; student welfare; procedures; school 6 district prohibitions. 7 8 (a) No school district shall permit classroom 9 instruction by teachers or any other person on sexual 10 orientation and gender identity: 11 12 (i) For students in grades kindergarten through 13 three (3); or 14 15 (ii) In a manner that is not age appropriate or 16 developmentally appropriate for students in accordance with 17 standards established by the state board of education. 18 19 (b) Each school district board of trustees shall: 20 21 (i) Adopt procedures for notifying a student's 22 parent or guardian if there is a change in the student's 23 services or monitoring related to the student's mental, 2023 STATE OF WYOMING 23LSO-0156 3 SF0117 1 emotional or physical health or well-being and the school's 2 ability to provide a safe and supportive learning 3 environment for the student. Procedures adopted under this 4 paragraph shall reinforce the fundamental right of parents 5 to make decisions regarding the care and control of their 6 children by requiring school district personnel to 7 encourage a student to discuss issues relating to his 8 well-being with his parent or guardian or to facilitate 9 discussion with the parent. No procedures adopted under 10 this paragraph shall prohibit parents or guardians from 11 accessing any of their student's education and health 12 records created, maintained or used by the school district; 13 14 (ii) Not adopt any procedures that prohibit 15 school district personnel from notifying a student's parent 16 or guardian about the student's mental, emotional or 17 physical health or well-being, a change in related services 18 or monitoring. No school district shall adopt procedures 19 that encourage or have the effect of encouraging a student 20 to withhold from a parent or guardian information about the 21 student's mental, emotional or physical health or 22 well-being. Nothing in this paragraph shall prohibit a 23 school district from adopting procedures that authorize 2023 STATE OF WYOMING 23LSO-0156 4 SF0117 1 school district personnel to withhold from disclosing to a 2 parent or guardian information about the student's mental, 3 emotional or physical health or well-being if a reasonably 4 prudent person would believe that disclosure would result 5 in abuse as defined by W.S. 14-3-202(a)(ii) or neglect as 6 defined by W.S. 14-3-202(a)(vii). 7 8 (c) The state board of education shall establish 9 guidelines and standards for student support services in 10 school districts in accordance with this section. Student 11 support services training developed or provided by a school 12 district to the school district's personnel shall adhere to 13 any guidelines and standards promulgated by the state board 14 of education in accordance with this section. 15 16 (d) Effective school year 2023-2024 and each school 17 year thereafter, at the beginning of each school year each 18 school district shall notify parents and guardians of each 19 health care service offered or provided at the student's 20 school and provide the option for the parent or guardian to 21 withhold consent or decline any specific health care 22 service. Parental or guardian consent to a health care 23 service shall not waive the parent's or guardian's right to 2023 STATE OF WYOMING 23LSO-0156 5 SF0117 1 access his student's educational or health care records or 2 to be notified in a change in his student's services or 3 monitoring. 4 5 (e) Before administering a student well-being 6 questionnaire or health screening to a student in grades 7 kindergarten through three (3), each school district shall 8 provide the questionnaire or information on the health 9 screening to the parent or guardian and obtain the parent's 10 or guardian's permission. 11 12 (f) Each school district shall adopt procedures for a 13 parent or guardian to file a complaint with the school 14 district regarding a school district's non-compliance with 15 this section, in accordance with the following: 16 17 (i) Notwithstanding W.S. 21-2-101, to the extent 18 that any provision of this subsection conflicts with the 19 Wyoming Administrative Procedure Act, this subsection and 20 any rules promulgated thereunder shall control; 21 2023 STATE OF WYOMING 23LSO-0156 6 SF0117 1 (ii) A parent or guardian filing a complaint 2 shall provide a copy of the complaint to the principal or 3 the principal's designee; 4 5 (iii) The procedures shall provide that any 6 complaint submitted under this subsection shall be resolved 7 within seven (7) days of the submission of the complaint; 8 9 (iv) If a complaint is not resolved by the 10 school district within thirty (30) days after submission of 11 the complaint, the school district shall resolve the 12 complaint or provide to the parent or guardian a statement 13 of reasons for why the school district has not yet resolved 14 the complaint; 15 16 (v) If a complaint is not resolved after a 17 statement of reasons is provided as required by paragraph 18 (iv) of this subsection, a parent or guardian may: 19 20 (A) Request a hearing on the complaint 21 before an independent hearing officer through the office of 22 administrative hearings, who shall determine facts relating 23 to the dispute over the school district's compliance with 2023 STATE OF WYOMING 23LSO-0156 7 SF0117 1 this section, consider information provided by the school 2 district and render a recommended decision within thirty 3 (30) days after receiving the request to the state board of 4 education. The state board of education shall accept or 5 reject the hearing officer's recommended decision at its 6 next regularly scheduled meeting or within thirty (30) days 7 after the date the recommended decision is submitted to the 8 state board, whichever is earlier. The costs of the hearing 9 and the hearing officer shall be borne by the school 10 district; 11 12 (B) Bring an action against the school 13 district to obtain a declaratory judgment that the school 14 district has violated this section and to seek injunctive 15 relief. A court may award damages and shall award 16 reasonable attorney fees to a parent or guardian who 17 substantially prevails in an action brought under this 18 subparagraph. 19 20 (vi) Each school district shall adopt procedures 21 to notify parents of the rights and procedures available to 22 parents under this subsection; 23 2023 STATE OF WYOMING 23LSO-0156 8 SF0117 1 (vii) Nothing in this subsection shall be 2 construed to abridge any other rights or remedies under law 3 available to parents. 4 5 Section 2. W.S. 21-2-304(a) by creating a new 6 paragraph (xviii) and 21-3-110(a) by creating a new 7 paragraph (xl) are amended to read: 8 9 21-2-304. Duties of the state board of education. 10 11 (a) The state board of education shall: 12 13 (xviii) Adopt procedures, guidelines and 14 standards and promulgate rules regarding student 15 instruction and the provision of services associated with 16 student health and well-being and for the resolution of 17 parent complaints in accordance with W.S. 21-3-134. 18 19 21-3-110. Duties of boards of trustees. 20 21 (a) The board of trustees in each school district 22 shall: 23 2023 STATE OF WYOMING 23LSO-0156 9 SF0117 1 (xl) Adopt procedures, guidelines and standards 2 regarding student instruction and the provision of services 3 associated with student health and well-being in accordance 4 with W.S. 21-3-134 and any rules, guidelines or standards 5 promulgated by the state board of education. 6 7 Section 3. 8 9 (a) Not later than July 1, 2023: 10 11 (i) The state board of education shall 12 promulgate rules and establish or update all procedures, 13 guidelines and standards necessary to comply with the 14 requirements of this act; 15 16 (ii) Each school district board of trustees 17 shall establish procedures, guidelines and standards in 18 accordance with this act and any rules or policies 19 promulgated by the state board of education in accordance 20 with this act. 21 2023 STATE OF WYOMING 23LSO-0156 10 SF0117 1 Section 4. 2 3 (a) Except as provided in subsection (b) of this 4 section, this act is effective July 1, 2023. 5 6 (b) Sections 3 and 4 of this act are effective 7 immediately upon completion of all acts necessary for a 8 bill to become law as provided by Article 4, Section 8 of 9 the Wyoming Constitution. 10 11 (END)