EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0618*
HOUSE BILL 618
D4, F5, J1 2lr1862
By: Delegates Cox, Arikan, Parrott, Reilly, and Szeliga
Introduced and read first time: January 31, 2022
Assigned to: Ways and Means and Judiciary
A BILL ENTITLED
AN ACT concerning 1
Maryland Parental Rights Act 2
FOR the purpose of requiring that the State Board of Education and county boards of 3
education allow a certain amount of time for certain testimony at public board 4
meetings; prohibiting an employee of a school district from withholding certain 5
information relating to a child’s health or well–being from the child’s parent or 6
guardian; requiring each county board to establish and adopt a certain policy 7
regarding the promotion of parent involvement in the public school system; requiring 8
each county board to provide a certain summary of curriculum information to 9
parents or guardians by a certain time and in a certain manner; requiring the State 10
to give a parent the opportunity to be tried before a jury before terminating the 11
parent’s rights; providing that certain parental rights are reserved to the parents 12
and guardians of minor children in the State and prohibiting the State and other 13
governmental entities from infringing on those rights, except under certain 14
circumstances; requiring a health care practitioner or the owner of a health care 15
facility or certain employees to obtain the consent of a minor’s parent or guardian 16
before providing or soliciting or arranging to provide certain health care services or 17
prescribing certain drugs to a minor; providing for a certain penalty for a certain 18
violation; and generally relating to the rights of parents and guardians. 19
BY repealing and reenacting, with amendments, 20
Article – Education 21
Section 2–204(a) and 3–104 22
Annotated Code of Maryland 23
(2018 Replacement Volume and 2021 Supplement) 24
BY adding to 25
Article – Education 26
Section 7–129, 7–130, and 7–131 27
Annotated Code of Maryland 28
(2018 Replacement Volume and 2021 Supplement) 29 2 HOUSE BILL 618
BY adding to 1
Article – Family Law 2
Section 5–1501 through 5–1505 to be under the new subtitle “Subtitle 15. Parental 3
Rights” 4
Annotated Code of Maryland 5
(2019 Replacement Volume and 2021 Supplement) 6
BY adding to 7
Article – Health – General 8
Section 20–112 9
Annotated Code of Maryland 10
(2019 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Education 14
2–204. 15
(a) (1) Each year, the State Board shall hold: 16
(i) A meeting in July; and 17
(ii) At least three other regular meetings. 18
(2) The Board may hold special meetings as necessary. 19
(3) AT EACH PUBLIC MEETIN G, THE BOARD SHALL ALLOW AT LEAST 20
10 MINUTES FOR TESTIMON Y FROM PARENTS AN D GUARDIANS OF STUDE NTS IN 21
PUBLIC SCHOOLS IN TH E STATE. 22
3–104. 23
(a) Each county board is a body politic and corporate by the name of the Board of 24
Education of…........ County. 25
(b) A county board: 26
(1) Has perpetual existence; 27
(2) May sue and be sued; and 28
(3) May have, use, alter, or abandon a common seal. 29
HOUSE BILL 618 3
(C) AT EACH PUBLIC MEETIN G, A COUNTY BOARD SHALL ALLOW AT LEAST 1
10 MINUTES FOR TESTIMON Y FROM PARENTS AND G UARDIANS OF STUDENTS IN 2
PUBLIC SCHOOL IN THE COUNTY OR BALTIMORE CITY, AS APPLICABLE. 3
7–129. 4
THE GENERAL ASSEMBLY FINDS THAT NO INFORMATION RELATING TO THE 5
HEALTH AND WELL –BEING OF A MINOR CHILD DOCUMENTED BY ANY EM PLOYEE OF 6
THE SCHOOL DISTRICT , INCLUDING DIAGNOSES OR OBSERVATIONS GIVE N BY 7
EMPLOYEES TRAINED IN MEDICINE OR MEN TAL HEALTH , SHALL BE WITHHELD 8
FROM A CHILD’S PARENT OR GUARDIAN . 9
7–130. 10
(A) EACH COUNTY BOARD SHA LL, IN CONSULTATION WITH PARENTS, 11
TEACHERS, AND ADMINISTRATORS , ESTABLISH AND ADOPT A POLICY TO PROMOTE 12
PARENTAL INVOLVEMENT IN THE PUBLIC SCHOOL SYSTEM. 13
(B) THE POLICY DEVELOPED UNDER SUBSECTION (A) OF THIS SECTION 14
SHALL INCLUDE : 15
(1) A PLAN FOR PARENTAL PA RTICIPATION IN SCHOO LS TO IMPROVE 16
PARENT AND TEACHER C OOPERATION IN HOMEWO RK, SCHOOL ATTENDANCE , AND 17
DISCIPLINE; 18
(2) A PROCEDURE FOR A PARE NT TO LEARN ABOUT THE PARENT’S 19
MINOR CHILD ’S COURSE OF STUDY , INCLUDING THE SOURCE OF ANY 20
SUPPLEMENTAL EDUCATI ONAL MATERIALS; 21
(3) A PROCEDURE FOR A PARE NT TO OBJECT TO INST RUCTIONAL 22
MATERIALS AND OTHER MATERIALS, INCLUDING WORKBOOKS AND WORKSHEETS , 23
HANDOUTS, SOFTWARE, APPLICATIONS, AND ANY DIGITAL MEDI A MADE AVAILABLE 24
TO STUDENTS USED IN THE CLASSROOM , IF THE OBJECTION IS BASED ON BELIEFS 25
REGARDING MORALITY , RELIGION, PHILOSOPHY, ANY FUNDAMENTAL VALU E 26
SYSTEM DEEMED IMPORT ANT BY A PARENT , OR THE BELIEF THAT T HE MATERIALS 27
ARE HARMFUL ; 28
(4) A PROCEDURE FOR A PARE NT TO WITHDRAW THE M INOR CHILD 29
FROM ANY PORTION OF THE COUNTY BOARD ’S COMPREHENSIVE HEAL TH 30
EDUCATION RELATED TO ACQUIRED IMMUNE DEFI CIENCY SYNDROME OR 31
SEXUALITY, INCLUDING: 32
4 HOUSE BILL 618
(I) NOTICE TO THE PARENT OF THE COURSE CONTENT BEFORE 1
PROVIDING INSTRUCTIO N ON THE CONTENT IN THE SCHOOL; AND 2
(II) A REQUIREMENT THAT , IF THE PARENT WOULD LIKE TO 3
WITHDRAW THE CHILD F ROM THE COURSE OR LE SSON, THE PARENT MUST OBJE CT 4
IN WRITING TO THE CH ILD’S PARTICIPATION ; 5
(5) A PROCEDURE FOR A PARE NT TO LEARN ABOUT TH E NATURE AND 6
PURPOSE OF CLUBS AND ACTIVITIES OFFERED A T THE MINOR CHILD ’S SCHOOL, 7
INCLUDING THOSE THAT ARE EXTRACURRICULAR OR PART OF THE SCHOO L 8
CURRICULUM ; AND 9
(6) A PROCEDURE FOR A PARE NT TO LEARN ABOUT PARENTAL 10
RIGHTS AND RESPONSIB ILITIES UNDER GENERA L LAW, INCLUDING THE RIGHTS 11
LISTED UNDER § 5–1504 OF THE FAMILY LAW ARTICLE. 12
(C) A COUNTY BOARD MAY PRO VIDE THE INFORMATION REQUIRED UNDER 13
SUBSECTION (B) OF THIS SECTION ELEC TRONICALLY. 14
(D) (1) A PARENT MAY REQUEST , IN WRITING, FROM THE COUNTY 15
SUPERINTENDENT THE I NFORMATION LISTED UN DER SUBSECTION (B) OF THIS 16
SECTION. 17
(2) A COUNTY SUPERINTENDEN T SHALL PROVIDE INFO RMATION 18
REQUESTED UNDER PARA GRAPH (1) OF THIS SUBSECTION T O THE PARENT WITHIN 19
10 DAYS AFTER THE DATE THE COUNTY SUPERINTENDENT RECEI VED THE REQUEST . 20
(3) IF A COUNTY SUPERINTE NDENT DENIES A REQUE ST FOR 21
INFORMATION OR FAILS TO RESPOND WITHIN 10 DAYS, THE PARENT MAY APPEA L 22
THE DENIAL OR DELAY TO THE COUNTY BOARD . 23
(4) A COUNTY BOARD SHALL C ONSIDER AND MAKE A DET ERMINATION 24
ON A PARENT’S APPEAL DURING : 25
(I) THE BOARD’S NEXT PUBLIC MEETIN G; OR 26
(II) IF THE PARENT’S APPEAL CANNOT BE S CHEDULED ON THE 27
AGENDA FOR THE NEXT PUBLIC MEETING , THE BOARD’S IMMEDIATELY FOLLOW ING 28
NEXT PUBLIC MEETING . 29
7–131. 30
HOUSE BILL 618 5
AT LEAST 14 DAYS BEFORE THE FIRS T DAY OF EACH SCHOOL YEAR, EACH 1
COUNTY BOARD SHALL P ROVIDE TO THE PARENT OR GUARDIAN OF EACH STUDENT 2
ENROLLED IN A PUBLIC SCHOOL UNDER THE COU NTY BOARD’S JURISDICTION A 3
WRITTEN SUMMARY OF T HE CURRICULUM FOR TH E STUDENT’S GRADE WRITTEN IN 4
PLAIN LANGUAGE AND E XPLAINING ANY CHANGE S IN THE CURRICULUM FROM THE 5
IMMEDIATELY PRECEDIN G SCHOOL YEAR . 6
Article – Family Law 7
SUBTITLE 15. PARENTAL RIGHTS. 8
5–1501. 9
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(B) “COUNTY BOARD ” MEANS A COUNTY BOARD OF EDUCATION , INCLUDING 12
THE BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS . 13
(C) “PARENT” MEANS AN INDIVIDUAL WHO HAS LEGAL CUSTOD Y OF A 14
MINOR CHILD AS A NAT URAL OR ADOPTIVE PAR ENT OR A LEGAL GUARD IAN. 15
5–1502. 16
THE GENERAL ASSEMBLY FINDS THAT : 17
(1) IT IS A FUNDAMENTAL RIGHT OF PARENTS TO DIRECT THE 18
UPBRINGING, EDUCATION, AND CARE OF THEIR MI NOR CHILDREN ; 19
(2) NO INFORMATION RELATING TO A MINOR CHILD SHO ULD BE 20
WITHHELD, EITHER INADVERTENTLY OR PURPOSE FULLY, FROM THE CHILD ’S 21
PARENT, INCLUDING INFORMATIO N RELATING TO THE CH ILD’S HEALTH , 22
WELL–BEING, AND EDUCATION WHILE THE CHILD IS IN THE CUSTODY OF A LOCAL 23
SCHOOL SYSTEM ; AND 24
(3) IT IS NECESSARY TO E STABLISH A CONSISTEN T MECHANISM FOR 25
PARENTS TO BE NO TIFIED OF INFORMATIO N RELATING TO THE HE ALTH AND 26
WELL–BEING OF THEIR MINOR CHILDREN. 27
5–1503. 28
(A) THE STATE, ANY OF ITS POLITICAL SUBDIVISIONS, ANY OTHER 29
GOVERNMENTAL ENTITY , OR ANY OTHER INSTITU TION MAY NOT INFRING E ON THE 30
FUNDAMENTAL RIGHTS O F A PARENT TO DIRECT THE UPBR INGING, EDUCATION, 31 6 HOUSE BILL 618
HEALTH CARE , AND MENTAL HEALTH OF THE PARENT ’S MINOR CHILD WITHOU T 1
DEMONSTRATING THAT T HE ACTION IS: 2
(1) REASONABLE AND NECES SARY TO ACHIEVE A CO MPELLING STATE 3
INTEREST; 4
(2) NARROWLY TAILORED ; AND 5
(3) NOT OTHERWISE SERVED BY A LESS RESTRICTIVE MEA NS. 6
(B) BEFORE TERMINATING A PARENT ’S RIGHTS, THE STATE SHALL GIVE 7
THE PARENT THE OPPORTUNI TY TO BE TRIED BEFORE A JURY . 8
5–1504. 9
(A) ALL PARENTAL RIGHTS A RE RESERVED TO THE P ARENT OF A MINOR 10
CHILD IN THE STATE WITHOUT OBSTRUCTION OR INTERFERENCE FROM THE STATE, 11
ANY OF ITS POLITICAL SUBDIVISIONS, ANY OTHER GOVERNMENT AL ENTITY, OR ANY 12
OTHER INSTITUTION , INCLUDING, EXCEPT AS OTHERWISE PROVIDED BY LAW , THE 13
RIGHT TO: 14
(1) DIRECT THE EDUCATION AND CARE OF THE CHIL D; 15
(2) DIRECT THE UPBRINGIN G AND THE MORAL OR R ELIGIOUS 16
TRAINING OF THE CHIL D; 17
(3) APPLY TO ENROLL THE CHILD IN A PUBLIC SC HOOL OR, AS AN 18
ALTERNATIVE TO PUBLI C EDUCATION , A NONPUBLIC SCHOOL , INCLUDING A 19
RELIGIOUS SCHOOL , A HOME EDUCATION PRO GRAM, OR ANY OTHER AVAILABLE 20
OPTIONS, AS AUTHORIZED BY LAW ; 21
(4) ACCESS AND REVIEW AL L SCHOOL RECORDS REL ATING TO THE 22
CHILD; 23
(5) MAKE HEALTH CARE DEC ISIONS FOR THE CHILD ; 24
(6) ACCESS AND REVIEW AL L MEDICAL RECORDS OF THE CHILD, 25
UNLESS THE PARENT IS THE SUBJECT OF AN INVESTIGATION OF A CRIME 26
COMMITTED AGAINST TH E CHILD OR PARENTAL RIGHTS HAVE BEEN TERMINATED ; 27
(7) CONSENT, IN WRITING, BEFORE A BIOMETRIC S CAN OF THE CHILD 28
IS MADE, SHARED, OR STORED; 29
HOUSE BILL 618 7
(8) CONSENT, IN WRITING, BEFORE ANY RECORD OF THE CHILD’S 1
BLOOD OR DNA IS CREATED, STORED, OR SHARED; 2
(9) BE NOTIFIED PROMPTLY IF AN EMPLOYEE OF TH E STATE, ANY OF 3
ITS POLITICAL SUBDIV ISIONS, ANY OTHER GOVERNMENT AL ENTITY, OR ANY OTHER 4
INSTITUTION SUSPECTS THAT A CRIMINAL OFFE NSE HAS BEEN COMMITT ED 5
AGAINST THE C HILD, UNLESS THE PARENT IS THE SUBJEC T OF THE INVESTIGATI ON; 6
(10) OPT THE CHILD OUT OF ANY PORTION OF THE C OMPREHENSIVE 7
HEALTH EDUCATION REQ UIRED THAT RELATES T O SEX EDUCATION INST RUCTION IN 8
ACQUIRED IMMUNE DEFI CIENCY SYNDROME EDUC ATION OR ANY INSTRUCTION 9
REGARDING SEXUALITY ; 10
(11) EXEMPT THE CHILD FRO M IMMUNIZATIONS IN A CCORDANCE WITH 11
§ 7–403 OF THE EDUCATION ARTICLE; 12
(12) REVIEW STATEWIDE STA NDARDIZED ASSESSMENT RESULTS; 13
(13) ENROLL THE CHILD IN GIFTED OR SPECIAL ED UCATION 14
PROGRAMS; 15
(14) INSPECT INSTRUCTIONA L MATERIALS USED BY THE COUNTY 16
BOARD; 17
(15) ACCESS INFORMATION R ELATING TO THE COUNT Y BOARD’S 18
POLICIES FOR THE PRO MOTION OR RETENTION OF STUDENTS , INCLUDING HIGH 19
SCHOOL GRADUATION RE QUIREMENTS ; 20
(16) RECEIVE A SCHOOL REP ORT CARD AND BE INFORMED O F THE 21
CHILD’S ATTENDANCE REQUIRE MENTS; 22
(17) ACCESS INFORMATION R ELATING TO THE STATE PUBLIC 23
EDUCATION SYSTEM , STATE STANDARDS , REPORT CARD REQUIREM ENTS, 24
ATTENDANCE REQUIREME NTS, AND INSTRUCTIONAL MA TERIALS REQUIREMENTS ; 25
(18) PARTICIPATE IN PARENT –TEACHER ASSOCIATIONS AND 26
ORGANIZATIONS THAT A RE SANCTIONED BY A C OUNTY BOARD OR THE STATE 27
DEPARTMENT OF EDUCATION; AND 28
(19) OPT OUT OF ANY COUNT Y–LEVEL DATA COLLECTIO N RELATING TO 29
THE CHILD. 30
8 HOUSE BILL 618
(B) AN EMPLOYEE OF THE STATE, ANY OF ITS POLITICAL SUBDIVISIONS , OR 1
ANY OTHER GOVERNMENT AL ENTITY THAT ENCOU RAGES OR COERCES , OR 2
ATTEMPTS TO ENCOURAG E OR COERCE , A MINOR CHILD TO WIT HHOLD 3
INFORMATION FROM THE CHILD’S PARENT MAY BE SUBJ ECT TO DISCIPLINARY 4
ACTION BY THE APPROP RIATE AUTHORITY . 5
(C) (1) A PARENT OF A MINOR CH ILD IN THE STATE HAS INALIENABLE 6
RIGHTS THAT ARE MORE COMPREHENSIVE THAN T HOSE LISTED IN THIS SECTION, 7
UNLESS THE RIGHTS HA VE BEEN LEGALLY WAIV ED OR TERMINATED . 8
(2) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE RIGHTS OF A 9
PARENT OF A MINOR CHILD IN THE STATE MAY NOT BE LIMI TED OR DENIED . 10
(D) THIS SUBTITLE MAY NOT BE CONSTRUED TO PRESCRIBE ALL RIGHTS TO 11
A PARENT OF A MINOR CHILD IN THE STATE. 12
5–1505. 13
THIS SUBTITLE MAY BE CITED AS THE PARENTS’ BILL OF RIGHTS. 14
Article – Health – General 15
20–112. 16
(A) EXCEPT AS OTHERWISE P ROVIDED BY LAW , A HEALTH CARE 17
PRACTITIONER OR INDI VIDUAL EMPLOYED BY A HEALTH CARE PRACTITI ONER 18
SHALL OBTAIN CONSENT FROM A MINOR ’S PARENT OR GUARDIAN BEFORE 19
PROVIDING OR SOLICIT ING OR ARRANGING TO PROVIDE HEALTH CARE SERVICES OR 20
PRESCRIBE MEDICINAL DRUGS TO A MINOR . 21
(B) EXCEPT AS OTHERWISE P ROVIDED BY LAW , THE OWNER OF A HEALT H 22
CARE FACILITY SHALL OBTAIN CONSENT FROM A MINOR’S PARENT OR GUARDIAN 23
BEFORE ALLOWING A ME DICAL PROCEDURE TO B E PERFORMED ON A MIN OR AT THE 24
FACILITY. 25
(C) A PERSON WHO VIOLATES THIS SECTION: 26
(1) MAY BE SUBJECT TO DIS CIPLINARY ACTION BY THE APPROPRIATE 27
LICENSING BOARD ; AND 28
(2) IS GUILTY OF A MISDEM EANOR AND ON CONVICT ION IS SUBJECT 29
TO IMPRISONMENT NOT EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $5,000 OR 30
BOTH. 31
HOUSE BILL 618 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2022. 2