Hawaii 2022 Regular Session

Hawaii House Bill HB2295 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2295 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT Relating to parental rights. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2295
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	2295
12	12
13	13	THIRTY-FIRST LEGISLATURE, 2022
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	Relating to parental rights.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that children are the building blocks of society and that parents and legal guardians play a crucial role in fostering their growth. Additionally, the interest of parents and legal guardians in the care and custody of their children is one of the fundamental liberty interests protected by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. This fundamental liberty interest is rooted in the fundamental right of privacy from interference in making important decisions relating to marriage, family relationships, and child rearing and education. As such, parents have a right and responsibility to be active participants in their children's K-12 education that takes place outside the home. The legislature further finds that current national discourse regarding social issues has created polarizing impacts on educators, school administrators, students, and their families. Notably, the debate on introducing critical race theory teachings in schools, which examines the law's inherent role in facilitating racial inequalities in the United States. Critical race theory has become one of the focal points of conflict between parents and educators, and the controversial nature of its teachings highlights the importance of transparency between the school system and the right for parents to determine what is acceptable to be taught to their children. The purpose of this Act is to establish the "Parents' Bill of Rights," to prohibit the state, its political subdivisions, and any other governmental entity from infringing upon the fundamental rights of a parent to direct the upbringing, education, healthcare, and mental health care of a minor child. SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "Chapter PARENTAL BILL OF RIGHTS § -A Definitions. For the purpose of this chapter: "Parent" means a person who has legal custody of a minor child as a natural or adoptive parent or a legal guardian. § -B Infringement of parental rights. The state, any of its political subdivisions, any other governmental entity, or any other institution may not infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child without demonstrating that such action is reasonable and necessary to achieve a compelling state interest and that such action is narrowly tailored and is not otherwise served by a less restrictive means. § -C Parental rights. (a) All parental rights are reserved to the parent of a minor child in the State of Hawaii without obstruction or interference from the State, any of its political subdivisions, any other governmental entity, or any other institution, including, but not limited to, all of the following rights of a parent of a minor child in the State: (1) The right to direct the education and care of his or her minor child. (2) The right to direct the upbringing and the moral or religious training of his or her minor child. (3) The right to apply to enroll his or her minor child in a public school or, as an alternative to public education, a private school, including a religious school, a home education program, or other available options, as authorized by law. (4) The right to access and review all school records relating to his or her minor child. (5) The right to make healthcare decisions for his or her minor child, unless otherwise prohibited by law. (6) The right to access and review all medical records of his or her minor child, unless prohibited by law or if the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement agency or official requests that the information not be released. (7) The right to consent in writing before a biometric scan of his or her minor child is made, shared, or stored. (8) The right to consent in writing before any record of his or her minor childs blood or deoxyribonucleic acid is created, stored, or shared, except as required by general law or authorized pursuant to a court order. (9) The right to consent in writing before the state or any of its political subdivisions makes a video or voice recording of his or her minor child unless such recording is made during or as part of a court proceeding or is made as part of a forensic interview in a criminal investigation or investigation conducted by the Department of Human Services or is to be used solely for the following purposes: A. A safety demonstration, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles; B. A purpose related to a legitimate academic or extracurricular activity; C. A purpose related to regular classroom instructions; D. Security or surveillance of buildings or grounds; or E. A photo identification card. (10) The right to be notified promptly if an employee of the state, any of its political subdivisions, any other governmental entity, or any other institution suspects that a criminal offense has been committed against his or her minor child, unless the incident has first been reported to law enforcement or the Department of Children and Families and notifying the parent would impede the investigation. (c) An employee of the state, any of its political subdivisions, or any other governmental entity who encourages or coerces, or attempts to encourage or coerce, a minor child to withhold information from his or her parent may be subject to disciplinary action. § -D School district notification on parental rights. (a) Each district school board shall, in consultation with parents, teachers, and administrators, develop and adopt a policy to promote parental involvement in the public school system. Such policy must include: (1) A plan for parental participation in schools to improve parent and teacher cooperation in such areas as homework, school attendance, and discipline. (2) A procedure for a parent to learn about his or her minor childs course of study, including the source of any supplemental education materials. (3) Procedures for a parent to object to instructional materials and other materials used in the classroom. (4) Procedures for a parent to withdraw his or her minor child from any portion of the department's medically accurate sexuality health education, as defined in Hawaii Revised Statutes Section 321-11.1, if the parent provides a written objection to his or her minor childs participation. Such procedures must provide for a parent to be notified in advance of such course content so that he or she may withdraw his or her minor child from those portions of the course. (5) Procedures for a parent to learn about the nature and purpose of clubs and activities offered at his or her minor childs school, including those that are extracurricular or part of the school curriculum. (6) Procedures for a parent to learn about parental rights and responsibilities under general law, including the following: A. The right to opt his or her minor child out of any portion of sexuality health education classes or programs offered by the department of education. B. A plan to disseminate information about school choice options. C. The right of a parent to exempt his or her minor child from immunizations. D. The right of a parent to review statewide, standardized assessment results. E. The right of a parent to enroll his or her minor child in gifted or special education programs. F. The right of a parent to inspect school district instructional materials. G. The right of a parent to access information relating to the department of education's policies for promotion or retention, including high school graduation requirements. H. The right of a parent to receive a school report card and be informed of his or her minor childs attendance requirements. I. The right of a parent to access information relating to the state public education system, state standards, report card requirements, attendance requirements, and instructional materials requirements. J. The right of a parent to participate in parent-teacher associations and organizations that are sanctioned by the board of education or the department of education. K. The right of a parent to opt out of any district-level data collection relating to his or her minor child not required by law. (b) The board of education may provide the information required in this section electronically or post such information on its website. (c) A parent may request, in writing, from the superintendent of education the information required under this section. Within 10 days, the superintendent must provide such information to the parent. If the superintendent denies a parents request for information or does not respond to the parents request within 10 days, the parent may appeal the denial to the board of education. The board of education must place a parents appeal on the agenda for its next public meeting. If it is too late for a parents appeal to appear on the next agenda, the appeal must be included on the agenda for the subsequent meeting. § -E Parental consent for health care services. (a) Except as otherwise provided by law, a health care professional as defined in section 346-53.64 or an individual employed by such health care professional may not provide or solicit or arrange to provide health care services or prescribe medicinal drugs to a minor child without first obtaining written parental consent. (b) Except as otherwise provided by law or a court order, a health care professional may not allow a medical procedure to be performed on a minor child in its facility without first obtaining written parental consent. (c) This section does not apply to an abortion, which is governed by Chapter 453, Hawaii Revised Statutes. (d) This section does not apply to services provided by a clinical laboratory, unless the services are delivered through a direct encounter with the minor at the clinical laboratory facility. (e) A health care professional or other person who violates this section may be subject to disciplinary action. SECTION 3. Chapter 302A, Hawaii Revised Statutes is amended to read as follows: "§302A-1156 Exemptions. A child may be exempted from the required immunizations: (1) If a licensed physician, physician assistant, or advanced practice registered nurse certifies that the physical condition of the child is such that immunizations would endanger the child's life or health; or (2) If any parent, custodian, guardian, or any other person in loco parentis to a child objects to immunization in writing on the grounds that the immunization conflicts with that person's bona fide religious tenets and practices. Upon showing the appropriate school official satisfactory evidence of the exemption, no certificate or other evidence of immunization shall be required for entry into school. (3) If any parent, custodian, guardian, or any other person in loco parentis to a child objects to immunization in writing on the grounds that the immunization conflicts with that person's good faith objection to the administration of an immunization that has no long-term health studies, or an immunizing substance that has not been in production for at least 20 years. " SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act, upon its approval, shall apply to taxable years beginning after December 31, 2022. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that children are the building blocks of society and that parents and legal guardians play a crucial role in fostering their growth. Additionally, the interest of parents and legal guardians in the care and custody of their children is one of the fundamental liberty interests protected by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. This fundamental liberty interest is rooted in the fundamental right of privacy from interference in making important decisions relating to marriage, family relationships, and child rearing and education. As such, parents have a right and responsibility to be active participants in their children's K-12 education that takes place outside the home.
50	50
51	51	The legislature further finds that current national discourse regarding social issues has created polarizing impacts on educators, school administrators, students, and their families. Notably, the debate on introducing critical race theory teachings in schools, which examines the law's inherent role in facilitating racial inequalities in the United States. Critical race theory has become one of the focal points of conflict between parents and educators, and the controversial nature of its teachings highlights the importance of transparency between the school system and the right for parents to determine what is acceptable to be taught to their children.
52	52
53	53	The purpose of this Act is to establish the "Parents' Bill of Rights," to prohibit the state, its political subdivisions, and any other governmental entity from infringing upon the fundamental rights of a parent to direct the upbringing, education, healthcare, and mental health care of a minor child.
54	54
55	55	SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
56	56
57	57	"Chapter
58	58
59	59	PARENTAL BILL OF RIGHTS
60	60
61	61	§ -A Definitions. For the purpose of this chapter:
62	62
63	63	"Parent" means a person who has legal custody of a minor child as a natural or adoptive parent or a legal guardian.
64	64
65	65	§ -B Infringement of parental rights. The state, any of its political subdivisions, any other governmental entity, or any other institution may not infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child without demonstrating that such action is reasonable and necessary to achieve a compelling state interest and that such action is narrowly tailored and is not otherwise served by a less restrictive means.
66	66
67	67	§ -C Parental rights. (a) All parental rights are reserved to the parent of a minor child in the State of Hawaii without obstruction or interference from the State, any of its political subdivisions, any other governmental entity, or any other institution, including, but not limited to, all of the following rights of a parent of a minor child in the State:
68	68
69	69	(1) The right to direct the education and care of his or her minor child.
70	70
71	71	(2) The right to direct the upbringing and the moral or religious training of his or her minor child.
72	72
73	73	(3) The right to apply to enroll his or her minor child in a public school or, as an alternative to public education, a private school, including a religious school, a home education program, or other available options, as authorized by law.
74	74
75	75	(4) The right to access and review all school records relating to his or her minor child.
76	76
77	77	(5) The right to make healthcare decisions for his or her minor child, unless otherwise prohibited by law.
78	78
79	79	(6) The right to access and review all medical records of his or her minor child, unless prohibited by law or if the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement agency or official requests that the information not be released.
80	80
81	81	(7) The right to consent in writing before a biometric scan of his or her minor child is made, shared, or stored.
82	82
83	83	(8) The right to consent in writing before any record of his or her minor childs blood or deoxyribonucleic acid is created, stored, or shared, except as required by general law or authorized pursuant to a court order.
84	84
85	85	(9) The right to consent in writing before the state or any of its political subdivisions makes a video or voice recording of his or her minor child unless such recording is made during or as part of a court proceeding or is made as part of a forensic interview in a criminal investigation or investigation conducted by the Department of Human Services or is to be used solely for the following purposes:
86	86
87	87	A. A safety demonstration, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles;
88	88
89	89	B. A purpose related to a legitimate academic or extracurricular activity;
90	90
91	91	C. A purpose related to regular classroom instructions;
92	92
93	93	D. Security or surveillance of buildings or grounds; or
94	94
95	95	E. A photo identification card.
96	96
97	97	(10) The right to be notified promptly if an employee of the state, any of its political subdivisions, any other governmental entity, or any other institution suspects that a criminal offense has been committed against his or her minor child, unless the incident has first been reported to law enforcement or the Department of Children and Families and notifying the parent would impede the investigation.
98	98
99	99	(c) An employee of the state, any of its political subdivisions, or any other governmental entity who encourages or coerces, or attempts to encourage or coerce, a minor child to withhold information from his or her parent may be subject to disciplinary action.
100	100
101	101	§ -D School district notification on parental rights. (a) Each district school board shall, in consultation with parents, teachers, and administrators, develop and adopt a policy to promote parental involvement in the public school system. Such policy must include:
102	102
103	103	(1) A plan for parental participation in schools to improve parent and teacher cooperation in such areas as homework, school attendance, and discipline.
104	104
105	105	(2) A procedure for a parent to learn about his or her minor childs course of study, including the source of any supplemental education materials.
106	106
107	107	(3) Procedures for a parent to object to instructional materials and other materials used in the classroom.
108	108
109	109	(4) Procedures for a parent to withdraw his or her minor child from any portion of the department's medically accurate sexuality health education, as defined in Hawaii Revised Statutes Section 321-11.1, if the parent provides a written objection to his or her minor childs participation. Such procedures must provide for a parent to be notified in advance of such course content so that he or she may withdraw his or her minor child from those portions of the course.
110	110
111	111	(5) Procedures for a parent to learn about the nature and purpose of clubs and activities offered at his or her minor childs school, including those that are extracurricular or part of the school curriculum.
112	112
113	113	(6) Procedures for a parent to learn about parental rights and responsibilities under general law, including the following:
114	114
115	115	A. The right to opt his or her minor child out of any portion of sexuality health education classes or programs offered by the department of education.
116	116
117	117	B. A plan to disseminate information about school choice options.
118	118
119	119	C. The right of a parent to exempt his or her minor child from immunizations.
120	120
121	121	D. The right of a parent to review statewide, standardized assessment results.
122	122
123	123	E. The right of a parent to enroll his or her minor child in gifted or special education programs.
124	124
125	125	F. The right of a parent to inspect school district instructional materials.
126	126
127	127	G. The right of a parent to access information relating to the department of education's policies for promotion or retention, including high school graduation requirements.
128	128
129	129	H. The right of a parent to receive a school report card and be informed of his or her minor childs attendance requirements.
130	130
131	131	I. The right of a parent to access information relating to the state public education system, state standards, report card requirements, attendance requirements, and instructional materials requirements.
132	132
133	133	J. The right of a parent to participate in parent-teacher associations and organizations that are sanctioned by the board of education or the department of education.
134	134
135	135	K. The right of a parent to opt out of any district-level data collection relating to his or her minor child not required by law.
136	136
137	137	(b) The board of education may provide the information required in this section electronically or post such information on its website.
138	138
139	139	(c) A parent may request, in writing, from the superintendent of education the information required under this section. Within 10 days, the superintendent must provide such information to the parent. If the superintendent denies a parents request for information or does not respond to the parents request within 10 days, the parent may appeal the denial to the board of education. The board of education must place a parents appeal on the agenda for its next public meeting. If it is too late for a parents appeal to appear on the next agenda, the appeal must be included on the agenda for the subsequent meeting.
140	140
141	141	§ -E Parental consent for health care services. (a) Except as otherwise provided by law, a health care professional as defined in section 346-53.64 or an individual employed by such health care professional may not provide or solicit or arrange to provide health care services or prescribe medicinal drugs to a minor child without first obtaining written parental consent.
142	142
143	143	(b) Except as otherwise provided by law or a court order, a health care professional may not allow a medical procedure to be performed on a minor child in its facility without first obtaining written parental consent.
144	144
145	145	(c) This section does not apply to an abortion, which is governed by Chapter 453, Hawaii Revised Statutes.
146	146
147	147	(d) This section does not apply to services provided by a clinical laboratory, unless the services are delivered through a direct encounter with the minor at the clinical laboratory facility.
148	148
149	149	(e) A health care professional or other person who violates this section may be subject to disciplinary action.
150	150
151	151	SECTION 3. Chapter 302A, Hawaii Revised Statutes is amended to read as follows:
152	152
153	153	"§302A-1156 Exemptions. A child may be exempted from the required immunizations:
154	154
155	155	(1) If a licensed physician, physician assistant, or advanced practice registered nurse certifies that the physical condition of the child is such that immunizations would endanger the child's life or health; or
156	156
157	157	(2) If any parent, custodian, guardian, or any other person in loco parentis to a child objects to immunization in writing on the grounds that the immunization conflicts with that person's bona fide religious tenets and practices. Upon showing the appropriate school official satisfactory evidence of the exemption, no certificate or other evidence of immunization shall be required for entry into school.
158	158
159	159	(3) If any parent, custodian, guardian, or any other person in loco parentis to a child objects to immunization in writing on the grounds that the immunization conflicts with that person's good faith objection to the administration of an immunization that has no long-term health studies, or an immunizing substance that has not been in production for at least 20 years. "
160	160
161	161	SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
162	162
163	163	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
164	164
165	165	SECTION 6. This Act, upon its approval, shall apply to taxable years beginning after December 31, 2022.
166	166
167	167
168	168
169	169	INTRODUCED BY: _____________________________
170	170
171	171	INTRODUCED BY:
172	172
173	173	_____________________________
174	174
175	175
176	176
177	177
178	178
179	179	Report Title: Parental Bill of Rights Description: Establishes rights of parents and legal guardians of minor children to direct the upbringing, education, health care, and mental health of their minor child. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
180	180
181	181
182	182
183	183
184	184
185	185	Report Title:
186	186
187	187	Parental Bill of Rights
188	188
189	189
190	190
191	191	Description:
192	192
193	193	Establishes rights of parents and legal guardians of minor children to direct the upbringing, education, health care, and mental health of their minor child.
194	194
195	195
196	196
197	197
198	198
199	199
200	200
201	201	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.