Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H458 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2536 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 458
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David F. DeCoste, (BY REQUEST)
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to parental rights in education.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Carol Mattes1/19/2023Colleen M. Garry36th Middlesex1/19/2023Kelly W. Pease4th Hampden1/31/2023Joseph D. McKenna18th Worcester1/31/2023 1 of 6
16	16	HOUSE DOCKET, NO. 2536 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 458
18	18	By Representative DeCoste of Norwell (by request), a petition (accompanied by bill, House, No.
19	19	458) of Carol Mattes and others relative to parental rights in education. Education. [Local
20	20	Approval Received.]
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to parental rights in education.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 An act relating to parental rights in education; amending s. 1001.42, F.S.; requiring
30	30	2district school boards to adopt procedures that comport with certain provisions of law for
31	31	3notifying a student's parent of specified information; requiring such procedures to reinforce the
32	32	4fundamental right of parents to make decisions regarding the upbringing and control of their
33	33	5children in a specified manner; prohibiting the procedures from prohibiting a parent from
34	34	6accessing certain records; providing construction; prohibiting a school district from adopting
35	35	7procedures or student support forms that prohibit school district personnel from notifying a
36	36	8parent about specified information or that encourage or have the effect of encouraging a student
37	37	9to withhold from a parent such information; prohibiting school district personnel from
38	38	10discouraging or prohibiting parental notification and involvement in critical decisions affecting a
39	39	11student's mental, emotional, or physical well-being; providing construction; prohibiting
40	40	12classroom discussion about sexual orientation or gender identity in certain grade levels or in a
41	41	13specified manner; requiring certain training developed or provided by a school district to adhere 2 of 6
42	42	14to standards established by the Department of Education; requiring school districts to notify
43	43	15parents of healthcare services and provide parents the opportunity to consent or decline such
44	44	16services; providing that a specified parental consent does not wave certain parental rights;
45	45	17requiring school districts to provide parents with certain questionnaires or health screening forms
46	46	18and obtain parental permission before administering such questionnaires and forms; requiring
47	47	19school districts to adopt certain procedures for resolving specified parental concerns; requiring
48	48	20resolution within a specified timeframe; requiring the Commissioner of Education to appoint a
49	49	21special magistrate for unresolved concerns; providing requirements for the special magistrate;
50	50	22requiring the State Board of Education to approve or reject the special magistrate's
51	51	23recommendation within specified timeframe; requiring school districts to bear the costs of the
52	52	24special magistrate; requiring the State Board of Education to adopt rules; providing requirements
53	53	25for such rules; authorizing a parent to bring an action against a school district to obtain a
54	54	26declaratory judgment that a school district procedure or practice violates certain provisions of
55	55	27law; providing for the additional award of injunctive relief, damages, and reasonable attorney
56	56	28fees and court costs to certain parents; requiring school district to adopt policies to notify parents
57	57	29of certain rights; providing construction; requiring the department to review and update, as
58	58	30necessary, specified materials by a certain date; providing an effective date.
59	59	31 Page Break
60	60	32
61	61	33 Be It Enacted by the Legislature of the State of Massachusetts:
62	62	34 Section 1. Paragraph (c) is added to subsection (8) of section 1001.42, Massachusetts
63	63	35Statutes, to read: 3 of 6
64	64	36 1001.42 Powers and duties of the district school board. —The district school board,
65	65	37acting as a board, shall exercise all powers and perform all duties listed below:
66	66	38 (8) STUDENT WELFARE.—
67	67	39 (c)1. In accordance with the rights of parents enumerated in ss. 1002.20 and 1014.04,
68	68	40adopt procedures for notifying a student's parent if there is a change in the student's services or
69	69	41monitoring related to the student's mental, emotional, or physical health or well-being and the
70	70	42school's ability to provide a safe and supportive learning environment for the student. The
71	71	43procedures must reinforce the fundamental right of parents to make decisions regarding the
72	72	44upbringing and control of their children by requiring school district personnel to encourage a
73	73	45student to discuss issues relating to his or her well-being with his or her parent or to facilitate
74	74	46discussion of the issue with the parent. The procedures may not prohibit parents from accessing
75	75	47any of their student's education and health records created, maintained, or used by the school
76	76	48district, as required by s. 1002.22(2).
77	77	49 2. A school district may not adopt procedures or student support forms that prohibit
78	78	50school district personnel from notifying a parent about his or her student's mental, emotional, or
79	79	51physical health or well-being, or a change in related services or monitoring, or that encourage or
80	80	52have the effect of encouraging a student to withhold from a parent such information. School
81	81	53district personnel may not discourage or prohibit parental notification of and involvement in
82	82	54critical decisions affecting a student's mental, emotional, or physical health or well-being. This
83	83	55subparagraph does not prohibit a school district from adopting procedures that permit school
84	84	56personnel to withhold such information from a parent if a reasonably prudent person would 4 of 6
85	85	57believe that disclosure would result in abuse, abandonment, or neglect, as those terms are defined
86	86	58in s. 39.01.
87	87	59 3. Classroom instruction by school personnel or third parties on sexual orientation or
88	88	60gender identity may not occur in kindergarten through grade 3 or in a manner that is not age
89	89	61appropriate or developmentally appropriate for students in accordance with state standards.
90	90	62 4. Student support services training developed or provided by a school district to
91	91	63school district personnel must adhere to student services guidelines, standards, and frameworks
92	92	64established by the Department of Education.
93	93	65 5. At the beginning of the school year, each school district shall notify parents of
94	94	66each healthcare service offered at their student's school and the option to withhold consent or
95	95	67decline any specific service. Parental consent to a health care service does not waive the parent's
96	96	68right to access his or her student's educational or health records or to be notified about a change
97	97	69in his or her student's services or monitoring as provided by this paragraph.
98	98	70 6. Before administering a student well-being questionnaire or health screening form
99	99	71to a student in kindergarten through grade 3, the school district must provide the questionnaire or
100	100	72health screening form to the parent and obtain the permission of the parent.
101	101	73 7. Each school district shall adopt procedures for a parent to notify the principal, or
102	102	74his or her designee, regarding concerns under this paragraph at his or her student's school and the
103	103	75process for resolving those concerns within 7 calendar days after notification by the parent. 5 of 6
104	104	76 a. At a minimum, the procedures must require that within 30 days after notification
105	105	77by the parent that the concern remains unresolved, the school district must either resolve the
106	106	78concern or provide a statement of the reasons for not resolving the concern.
107	107	79 b. If a concern is not resolved by the school district, a parent may:
108	108	80 (I)Request the Commissioner of Education to appoint a special magistrate who is a
109	109	81member of The Massachusetts Bar in good standing and who has at least 5 years of experience in
110	110	82administrative law. The special magistrate shall determine facts relating to the dispute over the
111	111	83school district procedure or practice, consider information provided by the school district, and
112	112	84render a recommended decision for resolution to the State Board of Education within 30 days
113	113	85after receipt of the request by the parent. The State Board of Education must approve or reject
114	114	86the recommended decision at its next regularly scheduled meeting that is more than 7 calendar
115	115	87days and no more than 30 days after the date the recommended decision is transmitted. The costs
116	116	88of the special magistrate shall be borne by the school district. The State Board of Education shall
117	117	89adopt rules, including forms, necessary to implement this subparagraph.
118	118	90 (II) Bring an action against the school district to obtain a declaratory judgment that
119	119	91the school district procedure or practice violates this paragraph and seek injunctive relief. A
120	120	92court may award damages and shall award reasonable attorney fees and court costs to a parent
121	121	93who receives declaratory or injunctive relief.
122	122	94 c. Each school district shall adopt policies to notify parents of the procedures
123	123	95required under this subparagraph.
124	124	96 d. Nothing contained in this subparagraph shall be construed to abridge or alter
125	125	97rights of action or remedies in equity already existing under the common law or general law. 6 of 6
126	126	98 Section 2. By June 30, 2024, the Department of Education
127	127	99 shall review and update, as necessary, school counseling frameworks and standards;
128	128	100educator practices and professional conduct principles; and any other student services personnel
129	129	101guidelines, standards, or frameworks in accordance with the requirements of this act.
130	130	102 Section 3. This act shall take effect July 1, 2023.