Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H551 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. 1931 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 551
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David F. DeCoste
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:David F. DeCoste5th Plymouth1/15/2025John R. Gaskey2nd Plymouth1/16/2025 1 of 4
16	16	HOUSE DOCKET, NO. 1931 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 551
18	18	By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 551) of
19	19	David F. DeCoste and John R. Gaskey relative to procedures for parental notification of changes
20	20	to the mental, emotional, or physical health or well-being of students. Education.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
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 SECTION 1. Chapter 71of the General Laws, as appearing in the 2024 Official Edition,
30	30	2is hereby amended by inserting the following section: -
31	31	3 Section 32B.
32	32	4 (a) The school committee of every city, town, regional school district, or vocational
33	33	5school district shall adopt procedures for notifying a student's parent or guardian if there is a
34	34	6change in the student's services or monitoring related to the student's mental, emotional, or
35	35	7physical health or well-being and the school's ability to provide a safe and supportive learning
36	36	8environment for the student. The procedures must reinforce the fundamental right of parents to
37	37	9make decisions regarding the upbringing and control of their children by requiring school district
38	38	10personnel to encourage a student to discuss issues relating to his or her well-being with his or her
39	39	11parent or guardian or to facilitate discussion of the issue with the parent. The procedures may not 2 of 4
40	40	12prohibit parents from lawfully accessing any of their student's education and health records
41	41	13created, maintained, or used by the school district.
42	42	14 (b) The school committee of every city, town, regional school district, or vocational
43	43	15school district shall not adopt procedures or student support forms that prohibit school district
44	44	16personnel from notifying a parent or guardian about his or her student's mental, emotional, or
45	45	17physical health or well-being, or a change in related services or monitoring, or that encourage or
46	46	18have the effect of encouraging a student to withhold from a parent or guardian such information.
47	47	19School district personnel may not discourage or prohibit parental notification of and involvement
48	48	20in critical decisions affecting a student's mental, emotional, or physical health or well-being. This
49	49	21subparagraph does not prohibit a school district from adopting procedures that permit school
50	50	22personnel to withhold such information from a parent or guardian if such personnel have
51	51	23reasonable cause to believe that disclosure would result in abuse or neglect, as those terms are
52	52	24defined by the regulations of the Department of Children and Families.
53	53	25 (c) Instruction by school personnel or third parties on sexual orientation or gender
54	54	26identity shall not occur in Kindergarten through Grade 3.
55	55	27 (d) At the beginning of the school year, each school district shall notify parents of each
56	56	28healthcare service offered at their student's school and the option to withhold consent or decline
57	57	29any specific service. Parental consent to a health care service does not waive the parent's right to
58	58	30access his or her student's educational or health records or to be notified about a change in his or
59	59	31her student's services or monitoring as provided by this paragraph. 3 of 4
60	60	32 (e) Before administering a questionnaire on student well-being or a health screening form
61	61	33to a student in Kindergarten through Grade 3, the school district must provide the questionnaire
62	62	34or health screening form to the parent or guardian and obtain the permission of the parent.
63	63	35 (f) Each school district shall adopt procedures for a parent or guardian to notify the
64	64	36principal, or his or her designee, regarding concerns under this section at his or her student's
65	65	37school and the process for resolving those concerns within 7 calendar days after notification by
66	66	38the parent.
67	67	39 At a minimum, the procedures must require that within 30 days after notification by the
68	68	40parent or guardian that the concern remains unresolved, the school district must either resolve the
69	69	41concern or provide a statement of the reasons for not resolving the concern.
70	70	42 If a concern is not resolved by the school district, a parent or guardian may:
71	71	43 (i) Appeal to the Commissioner of Education to resolve the concern; and/or
72	72	44 (ii) Bring an action against the school district to obtain a declaratory judgment that the
73	73	45school district procedure or practice violates this section and seek injunctive relief. A court may
74	74	46award damages and shall award reasonable attorney fees and court costs to a parent or guardian
75	75	47who receives declaratory or injunctive relief.
76	76	48 Each school district shall adopt policies to notify parents of the procedures required under
77	77	49this subparagraph. Nothing contained in this subparagraph shall be construed to abridge or alter
78	78	50any other rights of action or remedies in equity already existing under the common law or
79	79	51general law. 4 of 4
80	80	52 A government entity shall not substantially burden the fundamental rights of a parent or
81	81	53guardian as provided under this section unless the government entity demonstrates that the
82	82	54burden, as applied to the parent or guardian and the child, is required by a compelling
83	83	55governmental interest of the highest order and is the least restrictive means of furthering that
84	84	56compelling governmental interest.
85	85	57 SECTION 2. By June 30, 2027, the Department of Elementary and Secondary Education
86	86	58shall review and update, as necessary, school counseling frameworks and standards; educator
87	87	59practices and professional conduct principles; and any other student services personnel
88	88	60guidelines, standards, or frameworks in accordance with the requirements of this section.