Oklahoma 2022 Regular Session

Oklahoma House Bill HB4318 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 2nd Session of the 58th Legislature (202 2)
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3232 HOUSE BILL 4318 By: Stearman
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3838 AS INTRODUCED
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4040 An Act relating to the Parents' Bill of Rights;
4141 amending 25 O.S. 2021, Section 2002 , which relates to
4242 parental rights; including right to attend meetings
4343 pertaining to education of a minor child ; and
4444 providing an effective date .
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5050 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5151 SECTION 1. AMENDATORY 25 O.S. 2021, Section 200 2, is
5252 amended to read as follows:
5353 Section 2002. A. All parental rights are reserved to a parent
5454 of a minor child without obstruction or interference from this
5555 state, any political subdivision of this state, any other
5656 governmental entity or any other inst itution, including, but not
5757 limited to, the following rights:
5858 1. The right to direct the education of the minor child ,
5959 including but not limited to the right to attend all meetings
6060 pertaining to the education of the minor child including but not
6161 limited to meetings of the State Board of Education, the local
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8888 school district, or any other such meeting where education of t he
8989 minor child is discussed or determined;
9090 2. All rights of parents identified in Title 70 of the Oklahoma
9191 Statutes, including the right t o access and review all school
9292 records relating to the minor child;
9393 3. The right to direct the upbringing of the minor child;
9494 4. The right to direct the moral or religious training of the
9595 minor child;
9696 5. The right to make health care decisions for the m inor child,
9797 unless otherwise prohibited by law;
9898 6. The right to access and review all medical records of the
9999 minor child unless otherwise prohibited by law or the parent is the
100100 subject of an investigation of a crime committed against the minor
101101 child and a law enforcement offici al requests that the information
102102 not be released;
103103 7. The right to consent in writing before a biometric scan of
104104 the minor child is made, shared or stored;
105105 8. The right to consent in writing before any record of the
106106 minor child's blood or deoxyribonucleic acid (DNA) is created,
107107 stored or shared, except as required by Sections 1 -516 and 1-524.1
108108 of Title 63 of the Oklahoma Statutes, or unless authorized pursuant
109109 to a court order;
110110 9. The right to consent in writing before the state or any of
111111 its political subdivisions makes a video or voice reco rding of the
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138138 minor child, unless the video or voice recording is made during or
139139 as a part of a court proceeding, by law enforcement officers during
140140 or as part of a law enforcement investigation, during or as part of
141141 a forensic interview in a criminal or De partment of Human Services
142142 investigation or to be used solely for any of the following:
143143 a. safety demonstrations, including the maintenance of
144144 order and discipline in the common areas of a school
145145 or on student transpor tation vehicles,
146146 b. a purpose related to a legitimate academic or
147147 extracurricular activity,
148148 c. a purpose related to regular classroom instruction,
149149 d. security or surveillance of buildings or grounds, and
150150 e. a photo identification car d; and
151151 10. The right to be notified promptly if an employee of this
152152 state, any political subdivision of this state, any other
153153 governmental entity or any other institution suspects that a
154154 criminal offense has been committed against the minor child by
155155 someone other than a parent, unless the incident has first been
156156 reported to law enforcement and notification of the parent would
157157 impede a law enforcement or Department of Human Services
158158 investigation. This paragraph does not create any new obligation
159159 for school districts and charter schools to report misconduct
160160 between students at school, such as fighting or aggressive play,
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187187 that is routinely addressed as a student disciplinary matter by the
188188 school.
189189 B. This section does not authorize or allow a parent to engag e
190190 in conduct that is un lawful or to abuse or neglect a child in
191191 violation of the laws of this state. This section shall not be
192192 construed to apply to a parental action or decision that would end
193193 life. This section does not prohibit courts, law enforcement
194194 officers or employees of a government agency responsible for child
195195 welfare from acting in their official capacity within the reasonable
196196 and prudent scope of their authority. This section does not
197197 prohibit a court from issuing an order that is otherwise p ermitted
198198 by law.
199199 C. Any attempt to encourage or coerce a min or child to withhold
200200 information from the child 's parent shall be grounds for discipline
201201 of an employee of this state, any political subdivision of this
202202 state or any other governmental entity, ex cept for law enforcemen t
203203 personnel.
204204 D. Unless those rights h ave been legally waived or legally
205205 terminated, parents have inalienable rights that are more
206206 comprehensive than those listed in this section. The Parents ' Bill
207207 of Rights does not prescribe all r ights of parents. Unle ss
208208 otherwise required by law, the righ ts of parents of minor children
209209 shall not be limited or denied. The Parents ' Bill of Rights shall
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236236 not be construed to apply to a parental action or decision that
237237 would end life.
238238 SECTION 2. This act shall become effective November 1, 2022.
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240240 58-2-8575 EK 11/22/21