Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0414 Compare Versions

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

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5	5	2023 -- S 0414
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7	7	LC001519
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY - PARENTS BILL OF RIGHTS ACT
16	16	Introduced By: Senators E Morgan, Rogers, de la Cruz, Paolino, DeLuca, Raptakis,
17	17	Ciccone, and F. Lombardi
18	18	Date Introduced: February 16, 2023
19	19	Referred To: Senate Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
24	24	amended by adding thereto the following chapter: 2
25	25	CHAPTER 99 3
26	26	PARENTS BILL OF RIGHTS ACT 4
27	27	23-99-1. Short title. 5
28	28	This chapter shall be known and may be cited as the "Parents Bill of Rights Act". 6
29	29	23-99-2. Legislative findings. 7
30	30	The general assembly finds that it is a fundamental right of parents to direct the upbringing, 8
31	31	education, and care of their minor children. The general assembly further finds that important 9
32	32	information relating to a minor child should not be withheld, either inadvertently or purposefully, 10
33	33	from their parents, including information relating to the minor child's health, well-being, and 11
34	34	education, while the minor child is in the custody of the school district. The general assembly 12
35	35	further finds it is necessary to establish a consistent mechanism for parents to be notified of 13
36	36	information relating to the health and well-being of their minor children. 14
37	37	23-99-3. Infringement of parental rights. 15
38	38	(a) The state, any of its political subdivisions, any other governmental entity, or any other 16
39	39	institution may not infringe on the fundamental rights of a parent to direct the upbringing, 17
40	40	education, health care, and mental health of their minor child without demonstrating that such 18
41	41	action is reasonable and necessary to achieve a compelling state interest and that such action is 19
42	42
43	43
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45	45	narrowly tailored and is not otherwise served by a less restrictive means. 1
46	46	(b) For purposes of this chapter, the term "parent" means a person who has legal custody 2
47	47	of a minor child as a natural or adoptive parent or a legal guardian. 3
48	48	23-99-4. Parental rights. 4
49	49	(a) All parental rights are reserved to the parent of a minor child in this state without 5
50	50	obstruction or interference from the state, any of its political subdivisions, any other governmental 6
51	51	entity, or any other institution, including, but not limited to, all of the following: 7
52	52	(1) The right to direct the education and care of their minor child. 8
53	53	(2) The right to direct the upbringing and the moral and religious training of their minor 9
54	54	child. 10
55	55	(3) The right to apply to enroll their minor child in a public school or, as an alternative to 11
56	56	public education, a private school, including a religious school, a home education program, or other 12
57	57	available options, as authorized by law. 13
58	58	(4) The right to access and review all school records relating to their minor child. 14
59	59	(5) The right to make health care decisions for their minor child, unless otherwise provided 15
60	60	by law. 16
61	61	(6) The right to access and review all medical records of their minor child unless prohibited 17
62	62	by law, or if the parent is the subject of an investigation of a crime committed against the minor 18
63	63	child the records may be withheld, if a law enforcement agency or official upon application to a 19
64	64	court of competent jurisdiction obtains an order that the information is not to be released. 20
65	65	(7) The right to consent in writing before a biometric scan of their minor child is made, 21
66	66	shared, or stored. 22
67	67	(8) The right to consent in writing before any record of their minor child's blood or 23
68	68	deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by law or authorized 24
69	69	pursuant to a court order. 25
70	70	(9) The right to consent in writing before the state or any of its political subdivisions makes 26
71	71	a video or voice recording of their minor child unless such recording is made during or as part of a 27
72	72	court proceeding or is made as part of a forensic interview in a criminal or department of children, 28
73	73	youth and families investigation or is to be used solely for the following: 29
74	74	(i) A safety demonstration, including the maintenance of order and discipline in the 30
75	75	common areas of a school or on student transportation vehicles; 31
76	76	(ii) A purpose related to a legitimate academic or extracurricular activity; 32
77	77	(iii) A purpose related to regular classroom instructions; 33
78	78	(iv) Security or surveillance of buildings or grounds; or 34
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82	82	(v) A photo identification card. 1
83	83	(10) The right to be notified promptly if an employee of the state, any of its political 2
84	84	subdivisions, any other governmental entity, or any other institution suspects that a criminal offense 3
85	85	has been committed against their minor child, unless the incident has first been reported to law 4
86	86	enforcement or the department of children, youth and families and notifying the parents would 5
87	87	impede the investigation. 6
88	88	(b) This section does not: 7
89	89	(1) Authorize a parent of a minor child in this state to engage in conduct that is unlawful 8
90	90	or to abuse or neglect their minor child in violation of law; 9
91	91	(2) Condone, authorize, approve, or apply to a parental action or decision that would end 10
92	92	life; 11
93	93	(3) Prohibit a court of competent jurisdiction, law enforcement officer, or employees of a 12
94	94	government agency that is responsible for child welfare from acting in their official capacity within 13
95	95	the reasonable and prudent scope of their authority; or 14
96	96	(4) Prohibit a court of competent jurisdiction from issuing an order that is otherwise 15
97	97	permitted by law. 16
98	98	(c) An employee of the state, any of its political subdivisions, or any other governmental 17
99	99	entity who encourages or coerces, or attempts to encourage or coerce, a minor child to withhold 18
100	100	information from their parent may be subject to disciplinary action. 19
101	101	(d) A parent of a minor child in this state has inalienable rights that are more comprehensive 20
102	102	than those listed in this section, unless such rights have been legally waived or terminated. This 21
103	103	chapter does not prescribe all rights to a parent of a minor child in this state. Unless required by 22
104	104	law, the rights of a parent of a minor child in this state may not be limited or denied. This chapter 23
105	105	may not be construed to apply to a parental action or decision that would end life. 24
106	106	23-99-5. Parental consent for health care services. 25
107	107	(a) Except as otherwise provided by law, a health care provider or professional, as defined 26
108	108	in § 27-19-1, or an individual employed by such health care practitioner may not provide or solicit 27
109	109	or arrange to provide health care services or prescribe medicinal drugs to a minor child without 28
110	110	first obtaining written parental consent. 29
111	111	(b) Except as otherwise provided by law or a court order, a health care provider may not 30
112	112	allow a medical procedure to be performed on a minor child in its facility without first obtaining 31
113	113	written parental consent. 32
114	114	(c) This section does not apply to an abortion, which is governed by chapter 4.13 of title 33
115	115	23. 34
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119	119	(d) This section does not apply to services provided by a clinical laboratory, unless the 1
120	120	services are delivered through a direct encounter with the minor at the clinical laboratory facility. 2
121	121	For purposes of this subsection, the term "clinical laboratory" has the same meaning as provided in 3
122	122	§ 23-16.2-2. 4
123	123	23-99-6. Penalties. 5
124	124	Any health care provider, professional or other person who violates this section is subject 6
125	125	to disciplinary action pursuant to chapter 37 of title 5, as applicable, and commits a misdemeanor 7
126	126	punishable by imprisonment for a term not exceeding one year or by a fine of not more than one 8
127	127	thousand dollars ($1,000) and/or an administrative fine of one thousand dollars ($1,000) for each 9
128	128	violation, as applicable. 10
129	129	SECTION 2. Chapter 16-71 of the General Laws entitled "The Rhode Island Educational 11
130	130	Records Bill of Rights" is hereby amended by adding thereto the following section: 12
131	131	16-71-7. School district notifications on parental rights. 13
132	132	(a) Each district school board shall, in consultation with parents, teachers, and 14
133	133	administrators, develop and adopt a policy to promote parental involvement in the public school 15
134	134	system. Such policy shall include: 16
135	135	(1) A plan for parental participation in schools to improve parent and teacher cooperation 17
136	136	in such areas as homework, school attendance, and discipline. 18
137	137	(2) A procedure for parents to learn about their minor child's course of study, including the 19
138	138	source of any supplemental education materials. 20
139	139	(3) Procedures for parents to object to curriculum materials to be considered for use 21
140	140	pursuant to the provisions of chapter 22 of title 16, and other materials used in the classroom. Such 22
141	141	objections may be based on beliefs regarding morality, sex, and religion or the belief that such 23
142	142	materials are harmful. For purposes of this chapter, curriculum may include other materials used in 24
143	143	the classroom, including workbooks and worksheets, handouts, software, applications, and any 25
144	144	digital media made available to students. 26
145	145	(4) Procedures, pursuant to § 16-22-18, for a parent to withdraw their minor child from any 27
146	146	portion of the school district's comprehensive health education required that relates to sex education 28
147	147	or instruction in acquired immune deficiency syndrome education or any instruction regarding 29
148	148	sexuality if the parent provides a written objection to their minor child's participation. Such 30
149	149	procedures shall provide for a parent to be notified in advance of such course content in order that 31
150	150	they may withdraw their minor child from those portions of the course. 32
151	151	(5) Procedures for a parent to learn about the nature and purpose of clubs and activities 33
152	152	offered at their minor child's school, including those clubs and activities that are extracurricular or 34
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156	156	part of the school curriculum. 1
157	157	(6) Procedures for parents to learn about parental rights and responsibilities under the law, 2
158	158	including all of the following: 3
159	159	(i) Pursuant to § 16-22-18 the right to opt their minor child out of any portion of the school 4
160	160	district's comprehensive health education that relates to sex education instruction in acquired 5
161	161	immune deficiency syndrome education or any instruction regarding sexuality. 6
162	162	(ii) A plan to disseminate information, about school choice options, including open 7
163	163	enrollment. 8
164	164	(iii) In accordance with § 16-38-2, the right of a parent to exempt their minor child from 9
165	165	immunizations. 10
166	166	(iv) The right of a parent to review statewide, standardized assessment results. 11
167	167	(v) The right of a parent to enroll their minor child in gifted or special education programs. 12
168	168	(vi) The right of a parent to inspect school district instructional materials. 13
169	169	(vii) The right of a parent to access information relating to the school district's policies for 14
170	170	promotion or retention, including high school graduation requirements. 15
171	171	(viii) The right of a parent to receive a school report card and be informed of their minor 16
172	172	child's attendance requirements. 17
173	173	(ix) The right of a parent to access information relating to the state public education system, 18
174	174	state standards, report card requirements, attendance requirements, and instructional materials 19
175	175	requirements. 20
176	176	(x) The right of a parent to participate in parent-teacher associations and organizations that 21
177	177	are sanctioned by a district school board or the department of education. 22
178	178	(xi) The right of a parent to opt out of any district-level data collection relating to their 23
179	179	minor child not required by law. 24
180	180	(b) A district school board may provide the information required in this section 25
181	181	electronically or post such information on its website. 26
182	182	(c) A parent may request, in writing, from the district school superintendent the information 27
183	183	set forth in and required under this section. Within ten (10) days, the district school superintendent 28
184	184	shall provide the information to the parent. If the district school superintendent denies a parent's 29
185	185	request for information or does not respond to the parent's request within ten (10) days, the parent 30
186	186	may appeal the denial to the district school board. If possible, the district school board shall place 31
187	187	a parent's appeal on the agenda for its next public meeting. If it is too late for a parent's appeal to 32
188	188	appear on the next agenda, the appeal shall be included on the agenda for the subsequent meeting. 33
189	189	(d) The governing body of a school who violates or allows the violation of this section shall 34
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193	193	be liable for a civil penalty, not less than one thousand dollars ($1,000) per instance. This penalty 1
194	194	shall be assessed and recovered in a civil action brought by the attorney general in any court of 2
195	195	competent jurisdiction. Any penalty assessed and recovered in an action brought pursuant to this 3
196	196	subsection shall be paid to the general treasurer and added to the general fund. 4
197	197	SECTION 3. This act shall take effect upon passage. 5
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204	204	EXPLANATION
205	205	BY THE LEGISLATIVE COUNCIL
206	206	OF
207	207	A N A C T
208	208	RELATING TO HEALTH AND SAFETY - PARENTS BILL OF RIGHTS ACT
209	209	***
210	210	This act would provide for a parents' bill of rights preventing the state or any governmental 1
211	211	entity from infringing on the fundamental rights of parents in the upbringing of their children. The 2
212	212	act would spell out the rights of parents with respect to the health, education and welfare of their 3
213	213	minor children. Violations of the act would result in civil, criminal and/or administrative penalties. 4
214	214	This act would take effect upon passage. 5
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