Text of WY SF 9 (2024)

2024 STATE OF WYOMING 24LSO-0076 1 SF0009 SENATE FILE NO. SF0009 Parental rights in education-1. Sponsored by: Joint Education Interim Committee A BILL for 1 AN ACT relating to education; specifying procedures and 2 requirements for school districts to provide parents and 3 guardians notice of information regarding students and the 4 rights of parents and guardians to make decisions regarding 5 their children; specifying that school districts cannot 6 prohibit parental or guardian notifications and involvement 7 in critical decisions involving students; specifying 8 procedures for resolving parent or guardian concerns and 9 complaints; specifying duties for school districts; 10 requiring adoption of necessary policies, rules and 11 procedures; and providing for effective dates. 12 13 Be It Enacted by the Legislature of the State of Wyoming: 14 15 Section 1. W.S. 21-3-135 is created to read: 16 2024 STATE OF WYOMING 24LSO-0076 2 SF0009 1 21-3-135. Parental and guardian notices related to 2 the physical, mental and emotional health of students; 3 student welfare; procedures; school district prohibitions. 4 5 (a) Each school district shall: 6 7 (i) Notify a student's parent or guardian as 8 soon as practicable if there is a change in the student's 9 physical, mental or emotional health or well-being and the 10 school's ability to provide a safe and supportive learning 11 environment for the student. Procedures adopted under this 12 paragraph shall reinforce the fundamental right of parents 13 and guardians to make decisions regarding the care and 14 control of their children by requiring school district 15 personnel to encourage a student to discuss issues relating 16 to his well-being with his parent or guardian or to 17 facilitate discussion with the parent or guardian; 18 19 (ii) Not prohibit parents or guardians from 20 accessing any of their student's education and health 21 records created, maintained or used by the school district. 22 Parents or guardians shall be provided access to education 23 and health records within a reasonable time; 2024 STATE OF WYOMING 24LSO-0076 3 SF0009 1 2 (iii) Not adopt or implement any rules, policies 3 or procedures that prohibit school district personnel from 4 notifying a student's parent or guardian about the 5 student's physical, mental or emotional health or 6 well-being or a change in the student's related services as 7 authorized under paragraphs (a)(i) and (ii) of this 8 section; 9 10 (iv) Not adopt or implement any rule, policies 11 or procedures that encourage or have the effect of 12 encouraging a student to withhold from a parent or guardian 13 information about the student's physical, mental or 14 emotional health or well-being. 15 16 (b) Effective school year 2024-2025 and each school 17 year thereafter, at the beginning of each school year, each 18 school district shall make available to parents and 19 guardians any health care services offered or provided at 20 the student's school and provide the option for the parent 21 or guardian to withhold consent or decline any specific 22 health care service. Parental or guardian consent to a 23 health care service shall not waive the parent's or 2024 STATE OF WYOMING 24LSO-0076 4 SF0009 1 guardian's right to access the student's educational or 2 health care records or to be notified of a change in the 3 student's physical, mental or emotional health or 4 well-being. 5 6 (c) Before administering a well-being questionnaire 7 or health screening to a student or a group of students, 8 each school district shall make available the questionnaire 9 or information on the health screening to the parent or 10 guardian. 11 12 (d) Each school district shall adopt necessary rules, 13 policies and procedures for a parent or guardian to file a 14 complaint with the school district regarding a school 15 district's non-compliance with this section, in accordance 16 with the following: 17 18 (i) Notwithstanding W.S. 21-2-101, to the extent 19 that any provision of this subsection conflicts with the 20 Wyoming Administrative Procedure Act, this subsection and 21 any rules promulgated thereunder shall control; 22 2024 STATE OF WYOMING 24LSO-0076 5 SF0009 1 (ii) To initiate proceedings under this 2 subsection, a parent or guardian shall file a complaint 3 with the school district superintendent or his designee; 4 5 (iii) The school district superintendent or his 6 designee shall acknowledge in writing receipt of a 7 complaint submitted under this subsection within seven (7) 8 business days from the date of receipt of the complaint, as 9 evidenced by the postmark; 10 11 (iv) The school district superintendent shall 12 issue a decision in response to a complaint under this 13 subsection not more than thirty (30) calendar days after 14 the written acknowledgment required under paragraph (iii) 15 of this subsection; 16 17 (v) Any parent or guardian aggrieved by a 18 decision made by a school district superintendent under 19 paragraph (iv) of this subsection may request a hearing 20 before the school district's board of trustees, who shall 21 determine facts relating to the dispute over the school 22 district superintendent's compliance with this section, 23 consider any information provided by the school district 2024 STATE OF WYOMING 24LSO-0076 6 SF0009 1 superintendent and render a decision within thirty (30) 2 calendar days after receiving the request for a hearing; 3 4 (vi) Any parent or guardian aggrieved or 5 adversely affected in fact by a final decision of a board 6 of trustees under paragraph (v) of this subsection, may 7 seek judicial review pursuant to W.S. 16-3-114, within 8 thirty (30) calendar days of the decision by the board of 9 trustees, as evidenced by the postmark; 10 11 (vii) Each school district shall adopt necessary 12 rules, policies and procedures to notify parents and 13 guardians of the rights and procedures available under this 14 subsection; 15 16 (viii) Nothing in this subsection shall be 17 construed to abridge any other rights or remedies under law 18 available to parents and guardians. 19 20 (e) This section shall be implemented by each school 21 district in accordance with W.S. 14-2-206. 22 2024 STATE OF WYOMING 24LSO-0076 7 SF0009 1 (f) Nothing in this section shall prohibit a school 2 district from adopting procedures that authorize school 3 district personnel to withhold from disclosing to a parent 4 or guardian information about the student's physical, 5 mental or emotional health or well-being if a reasonably 6 prudent person would believe that disclosure would result 7 in abuse as defined by W.S. 14-3-202(a)(ii) or neglect as 8 defined by W.S. 14-3-202(a)(vii). 9 10 Section 2. W.S. 21-3-110(a) by creating a new 11 paragraph (xlii) is amended to read: 12 13 21-3-110. Duties of boards of trustees. 14 15 (a) The board of trustees in each school district 16 shall: 17 18 (xlii) Adopt policies, procedures and rules 19 necessary to implement the provisions of W.S. 21-3-135. 20 21 Section 3. Not later than July 1, 2024, each school 22 district board of trustees shall establish rules, policies 23 and procedures in accordance with this act. 2024 STATE OF WYOMING 24LSO-0076 8 SF0009 1 2 Section 4. 3 4 (a) Except as provided in subsection (b) of this 5 section, this act is effective July 1, 2024. 6 7 (b) Sections 3 and 4 of this act are effective 8 immediately upon completion of all acts necessary for a 9 bill to become law as provided by Article 4, Section 8 of 10 the Wyoming Constitution. 11 12 (END)

ORIGINAL SENATE ENGROSSED FILE NO. SF0009 ENROLLED ACT NO. 8, SENATE SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING 2024 BUDGET SESSION 1 AN ACT relating to education; specifying procedures and requirements for school districts to provide parents and guardians notice of information regarding students and the rights of parents and guardians to make decisions regarding their children; specifying that school districts cannot prohibit parental or guardian notifications and involvement in critical decisions involving students; specifying procedures for resolving parent or guardian concerns and complaints; specifying duties for school districts; requiring adoption of necessary policies, rules and procedures; and providing for effective dates. Be It Enacted by the Legislature of the State of Wyoming: Section 1. W.S. 21-3-135 is created to read: 21-3-135. Parental and guardian notices related to the educational, physical, mental and emotional health of students; student welfare; procedures; school district prohibitions. (a) Each school district shall: (i) Notify a student's parent or guardian as soon as practicable if there is a change in the student's educational, physical, mental or emotional health or well-being. Procedures adopted under this paragraph shall reinforce the fundamental right of parents and guardians to make decisions regarding the care and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his well-being with his parent or guardian or to facilitate discussion with the parent or guardian; ORIGINAL SENATE ENGROSSED FILE NO. SF0009 ENROLLED ACT NO. 8, SENATE SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING 2024 BUDGET SESSION 2 (ii) Not prohibit parents or guardians from accessing any of their student's records created, maintained or used by the school district. Parents or guardians shall be provided access to their student's education, behavior, health and other records within a reasonable time; (iii) Not adopt or implement any formal or informal rules, policies, practices or procedures that prohibit school district personnel from notifying a student's parent or guardian about the student's educational, physical, mental or emotional health or well-being or a change in the student's related services as authorized under paragraphs (a)(i) and (ii) of this section; (iv) Not adopt or implement any formal or informal rule, policies, practices or procedures that direct or, encourage or have the effect of encouraging a student to withhold from a parent or guardian information about the student's educational, physical, mental or emotional health or well-being; (v) Obtain written or electronic permission from each student's parent or legal guardian not less than one (1) day prior to the student participating or receiving instruction in any trainings, courses or classes that address sexual orientation or gender identity. (b) Effective school year 2024-2025 and each school year thereafter, at the beginning of each school year, each school district shall make available to parents and guardians any routine health care services offered or provided at the student's school and provide the option for the parent or guardian to withhold consent or decline any ORIGINAL SENATE ENGROSSED FILE NO. SF0009 ENROLLED ACT NO. 8, SENATE SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING 2024 BUDGET SESSION 3 routine specific health care services. Parental or guardian consent to a routine health care service shall not waive the parent's or guardian's right to access the student's educational or health care records or to be notified of a change in the student's educational, physical, mental or emotional health or well-being. Nothing in this section shall be construed as preventing school district personnel from rendering first aid to a student or summoning emergency responders in case of sudden need. (c) Before administering a well-being questionnaire or health screening tool to a student or a group of students, each school district shall make available the questionnaire or information on the health screening tool to the parent or guardian and obtain written or verbal consent from the parent or guardian to administer the well-being questionnaire or health screening tool to the student. For purposes of this subsection, "health screening tool" means any diagnostic assessment that detects pre-clinical mental or physiological illness or diseases. Nothing in this subsection shall be construed to prohibit school district personnel from conducting audiology, vision, scoliosis or body mass index assessments required by federal law unless a parent withholds consent for that assessment in writing. (d) Each school district shall adopt necessary rules, policies, practices and procedures for a parent or guardian to file a complaint with the school district regarding a school district's non-compliance with this section, in accordance with the following: (i) Notwithstanding W.S. 21-2-101, to the extent that any provision of this subsection conflicts with the ORIGINAL SENATE ENGROSSED FILE NO. SF0009 ENROLLED ACT NO. 8, SENATE SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING 2024 BUDGET SESSION 4 Wyoming Administrative Procedure Act, this subsection and any rules promulgated thereunder shall control; (ii) To initiate proceedings under this subsection, a parent or guardian shall file a complaint with the school district superintendent or his designee; (iii) The school district superintendent or his designee shall acknowledge in writing receipt of a complaint submitted under this subsection within seven (7) business days from the date of receipt of the complaint, as evidenced by the postmark; (iv) The school district superintendent shall issue a decision in response to a complaint under this subsection not more than thirty (30) calendar days after the written acknowledgment required under paragraph (iii) of this subsection; (v) Any parent or guardian aggrieved by a decision made by a school district superintendent under paragraph (iv) of this subsection may request a hearing before the school district's board of trustees, who shall determine facts relating to the dispute over the school district superintendent's compliance with this section, consider any information provided by the school district superintendent and render a decision within thirty (30) calendar days after receiving the request for a hearing; (vi) Any parent or guardian aggrieved or adversely affected in fact by a final decision of a board of trustees under paragraph (v) of this subsection, may seek judicial review pursuant to W.S. 16-3-114, within thirty (30) calendar days of the decision by the board of trustees, as evidenced by the postmark; ORIGINAL SENATE ENGROSSED FILE NO. SF0009 ENROLLED ACT NO. 8, SENATE SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING 2024 BUDGET SESSION 5 (vii) Each school district shall adopt necessary rules, policies and procedures to notify parents and guardians of the rights and procedures available under this subsection; (viii) Nothing in this subsection shall be construed to abridge any other rights or remedies under law available to parents and guardians. (e) This section shall be implemented by each school district in accordance with W.S. 14-2-206. (f) Nothing in this section shall prohibit school districts from complying with mandatory reporting of abuse or neglect pursuant to W.S. 14-3-205. For purposes of this section, "abuse" means as defined by W.S. 14-3-202(a)(ii) and "neglect" means as defined by W.S. 14-3-202(a)(vii). Section 2. W.S. 21-3-110(a) by creating a new paragraph (xlii) is amended to read: 21-3-110. Duties of boards of trustees. (a) The board of trustees in each school district shall: (xlii) Adopt policies, procedures and rules necessary to implement the provisions of W.S. 21-3-135. Section 3. Not later than July 1, 2024, each school district board of trustees shall establish rules, policies and procedures in accordance with this act. ORIGINAL SENATE ENGROSSED FILE NO. SF0009 ENROLLED ACT NO. 8, SENATE SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING 2024 BUDGET SESSION 6 Section 4. (a) Except as provided in subsection (b) of this section, this act is effective July 1, 2024. (b) Sections 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. (END) Speaker of the House President of the Senate Governor TIME APPROVED: _________ DATE APPROVED: _________ I hereby certify that this act originated in the Senate. Chief Clerk