Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB312 Engrossed / Bill

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Regular Session, 2014
SENATE BILL NO. 312
BY SENATOR CROWE 
STUDENTS.  Enacts the "Parents' Bill of Rights for Public Schools".  (8/1/14)
AN ACT1
To enact R.S. 17:406.9, relative to the rights of parents of public school children; to2
establish the "Parents' Bill of Rights for Public Schools"; to provide for legislative3
intent; to provide for the disclosure of certain student records to parents; to provide4
for the disclosure of curriculum and instructional materials; to provide for parental5
notification; to restrict the use of certain surveys and types of classroom instruction;6
and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1.  R.S. 17:406.9 is hereby enacted to read as follows:9
ยง406.9. Parents' Bill of Rights for Public Schools10
A. The legislature finds all of the following:11
(1) That parental involvement is a significant factor in increasing12
student achievement.13
(2) That access to student information encourages greater parental14
involvement.15
B. Parents of public school children shall have all of the following rights:16
(1) To examine the textbooks, curriculum, and supplemental material17 SB NO. 312
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used in their child's classroom.1
(2) To inspect their child's school records, including all of the following:2
(a)  Academic records.3
(b)  Medical or health records.4
(c)  Records of any mental health counseling.5
(d)  Records of any vocational counseling.6
(3) To be notified when medical services are being offered to their child,7
except where emergency medical treatment is required. In cases where8
emergency medical treatment is required, the parent shall be notified as soon9
as practicable after the treatment is rendered.10
(4) To be notified if a criminal action is deemed to have been committed11
against their child or by their child.12
(5) To be notified if law enforcement personnel question their child,13
except in cases where the parent has been accused of abusing or neglecting the14
child.15
(6) To be notified if their child is taken or removed from the school16
campus without parental permission.17
(7) That the school shall not discriminate against their child based upon18
the sincerely held religious beliefs of the child's family.19
(8) To receive written notice and the option to opt their child out of any20
surveys that include questions about any of the following:21
(a)  The student's sexual experiences or attractions.22
(b) The student's family beliefs, morality, religion, or political23
affiliations.24
(c) Any mental health or psychological problems of the student or a25
family member.26
(9) To receive written notice and have the option to opt their child out27
of instruction on topics associated with sexual activity.28
C.  Notwithstanding anything to the contrary, a public school shall not29 SB NO. 312
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be required to release any records or information regarding a student's medical1
or health records or mental health counseling records to a parent during the2
pendency of an investigation of child abuse or neglect conducted by any law3
enforcement agency or the Department of Children and Family Services where4
the parent is the target of the investigation, unless the parent has obtained a5
court order.6
Section 2. This Act shall be known as the "Parents' Bill of Rights for Public7
Schools".8
The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy R. Wells.
DIGEST
Crowe (SB 312)
Proposed law establishes the "Parents' Bill of Rights for Public Schools".
Proposed law provides that the legislature finds: 
(1)That parental involvement is a significant factor in increasing student achievement.
(2)That access to student information encourages greater parental involvement.
Proposed law provides that the parents of public school children shall have all of the
following rights:
(1)To examine the textbooks, curriculum and supplemental material used in their child's
classroom.
(2)Inspect their child's school records, including academic records, medical or health
records, records of any mental health counseling, or records of any vocational
counseling.
(3)To be notified when medical services are being offered to their child, except where
emergency medical treatment is required. If emergency medical treatment is
required, the parent shall be notified as soon as practicable after the treatment is
rendered.
(4)To be notified if a criminal action is deemed to have been committed against their
child or by their child.
(5)To be notified if enforcement personnel question their child, except in cases where
the parent has been accused of abusing or neglecting the child.
(6)To be notified if their child is taken or removed from the school campus without
parental permission.
(7)That the school shall not discriminate against their child based upon the sincerely
held religious beliefs of the child's family. SB NO. 312
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words in boldface type and underscored are additions.
(8)To receive written notice and the option to opt their child out of any surveys that
include questions about the student's sexual experiences or attractions, family beliefs,
morality, religion, or political affiliations, and mental health or psychological
problems of the student or a family member.
(9)To receive written notice and have the option to opt their child out of instruction on
topics associated with sexual activity.
Proposed law provides that notwithstanding anything to the contrary, a public school shall
not be required to release any records or information regarding a student's medical or health
records or mental health counseling records to a parent during the pendency of a
investigation of child abuse or neglect conducted by any law enforcement agency or the
Department of Children and Family Services where the parent is the target of the
investigation, unless the parent has obtained a court order.
Effective August 1, 2014.
(Adds R.S. 17:406.9)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill
1. Changes legislative findings.
2. Deletes parental right to examine lesson plans.
3. Requires parental notification if child commits a criminal action.
4. Requires parental notification if law enforcement questions a child, except
in cases of alleged parental abuse or neglect.
5. Requires parental notification if child is removed from campus without
parental consent.
6. Clarifies that parents can expect that family religious beliefs will be
respected.
7. Clarifies provisions regarding student participation in certain surveys and
instruction related to sexual activity.
8. Provides that a school is not required to release student medical or health
records or information to a parent during a DCFS investigation of child abuse
or neglect without a court order.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Changes certain rights of parents of public school children.