2023 -- H 5859
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LC001992
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPER INTENDENTS
Introduced By: Representatives P. Morgan, Azzinaro, Lima, Costantino, Nardone, Rea,
and Quattrocchi
Date Introduced: March 01, 2023
Referred To: House Education
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 16-2 of the General Laws entitled "School Committees and 1
Superintendents [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby 2
amended by adding thereto the following section: 3
16-2-9.7. Infringement of parental rights. 4
(a) The state, any of its political subdivisions, any other governmental entity, or any other 5
institution may not infringe on the fundamental rights of a parent to direct the upbringing, 6
education, health care, and mental health of his or her minor child without demonstrating that such 7
action is reasonable and necessary to achieve a compelling state interest and that such action is 8
narrowly tailored and is not otherwise served by a less restrictive means. 9
(b) For purposes of this section, the term "parent" means a person who has legal custody 10
of a minor child as a natural or adoptive parent or a legal guardian. 11
SECTION 2. This act shall take effect upon passage. 12
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LC001992
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LC001992 - Page 2 of 2
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO EDUCATION -- SCHOOL COMMITTEES AN D SUPERINTENDENTS
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This act would prevent the state or any governmental entity from infringing on the 1
fundamental rights of parents in the upbringing of their children. 2
This act would take effect upon passage. 3
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LC001992
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