Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0284 Compare Versions

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

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5	5	2025 -- S 0284
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7	7	LC000378
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
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, and Rogers
17	17	Date Introduced: February 13, 2025
18	18	Referred To: Senate Judiciary
19	19
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
23	23	amended by adding thereto the following chapter: 2
24	24	CHAPTER 104 3
25	25	PARENTS' BILL OF RIGHTS ACT 4
26	26	23-104-1. Short title. 5
27	27	This chapter shall be known and may be cited as the "Parents' Bill of Rights Act". 6
28	28	23-104-2. Legislative findings. 7
29	29	The general assembly finds that it is a fundamental right of parents to direct the upbringing, 8
30	30	education, and care of their minor children. The general assembly further finds that important 9
31	31	information relating to a minor child should not be withheld, either inadvertently or purposefully, 10
32	32	from their parents, including information relating to the minor child's health, well-being, and 11
33	33	education, while the minor child is in the custody of the school district. The general assembly 12
34	34	further finds it is necessary to establish a consistent mechanism for parents to be notified of 13
35	35	information relating to the health and well-being of their minor children. 14
36	36	23-104-3. Infringement of parental rights. 15
37	37	(a) The state, any of its political subdivisions, any other governmental entity, or any other 16
38	38	institution may not infringe on the fundamental rights of a parent to direct the upbringing, 17
39	39	education, health care, and mental health of their minor child, without demonstrating that such 18
40	40	action is reasonable and necessary to achieve a compelling state interest and that such action is 19
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42	42
43	43	LC000378 - Page 2 of 7
44	44	narrowly tailored and is not otherwise served by a less restrictive means. 1
45	45	(b) For purposes of this chapter, the term "parent" means a person who has legal custody 2
46	46	of a minor child as a natural or adoptive parent or a legal guardian. 3
47	47	23-104-4. Parental rights. 4
48	48	(a) All parental rights are reserved to the parent of a minor child in this state without 5
49	49	obstruction or interference from the state, any of its political subdivisions, any other governmental 6
50	50	entity, or any other institution, including, but not limited to, all of the following: 7
51	51	(1) The right to direct the education and care of their minor child. 8
52	52	(2) The right to direct the upbringing and the moral and religious training of their minor 9
53	53	child. 10
54	54	(3) The right to apply to enroll their minor child in a public school or, as an alternative to 11
55	55	public education, a private school, including a religious school, a home education program, or other 12
56	56	available options, as authorized by law. 13
57	57	(4) The right to access and review all school records relating to their minor child. 14
58	58	(5) The right to make health care decisions for their minor child, unless otherwise provided 15
59	59	by law. 16
60	60	(6) The right to access and review all medical records of their minor child unless prohibited 17
61	61	by law, or if the parent is the subject of an investigation of a crime committed against the minor 18
62	62	child, the records may be withheld, if a law enforcement agency or official upon application to a 19
63	63	court of competent jurisdiction obtains an order that the information is not to be released. 20
64	64	(7) The right to consent in writing before a biometric scan of their minor child is made, 21
65	65	shared, or stored. 22
66	66	(8) The right to consent in writing before any record of their minor child's blood or 23
67	67	deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by law or authorized 24
68	68	pursuant to a court order. 25
69	69	(9) The right to consent in writing before the state or any of its political subdivisions makes 26
70	70	a video or voice recording of their minor child unless such recording is made during or as part of a 27
71	71	court proceeding or is made as part of a forensic interview in a criminal or department of children, 28
72	72	youth and families investigation or is to be used solely for the following: 29
73	73	(i) A safety demonstration, including the maintenance of order and discipline in the 30
74	74	common areas of a school or on student transportation vehicles; 31
75	75	(ii) A purpose related to a legitimate academic or extracurricular activity; 32
76	76	(iii) A purpose related to regular classroom instructions; 33
77	77	(iv) Security or surveillance of buildings or grounds; or 34
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81	81	(v) A photo identification card. 1
82	82	(10) The right to be notified promptly if an employee of the state, any of its political 2
83	83	subdivisions, any other governmental entity, or any other institution suspects that a criminal offense 3
84	84	has been committed against their minor child, unless the incident has first been reported to law 4
85	85	enforcement or the department of children, youth and families and notifying the parents would 5
86	86	impede the investigation. 6
87	87	(b) This section does not: 7
88	88	(1) Authorize a parent of a minor child in this state to engage in conduct that is unlawful 8
89	89	or to abuse or neglect their minor child in violation of law; 9
90	90	(2) Condone, authorize, approve, or apply to a parental action or decision that would end 10
91	91	life; 11
92	92	(3) Prohibit a court of competent jurisdiction, law enforcement officer, or employees of a 12
93	93	government agency that is responsible for child welfare from acting in their official capacity within 13
94	94	the reasonable and prudent scope of their authority; or 14
95	95	(4) Prohibit a court of competent jurisdiction from issuing an order that is otherwise 15
96	96	permitted by law. 16
97	97	(c) An employee of the state, any of its political subdivisions, or any other governmental 17
98	98	entity who encourages or coerces, or attempts to encourage or coerce, a minor child to withhold 18
99	99	information from their parent may be subject to disciplinary action. 19
100	100	(d) A parent of a minor child in this state has inalienable rights that are more comprehensive 20
101	101	than those listed in this section, unless such rights have been legally waived or terminated. This 21
102	102	chapter does not prescribe all rights to a parent of a minor child in this state. Unless required by 22
103	103	law, the rights of a parent of a minor child in this state may not be limited or denied. This chapter 23
104	104	may not be construed to apply to a parental action or decision that would end life. 24
105	105	23-104-5. Parental consent for healthcare services. 25
106	106	(a) Except as otherwise provided by law, a healthcare provider or professional, as defined 26
107	107	in § 27-19-1, or an individual employed by such healthcare practitioner may not provide or solicit 27
108	108	or arrange to provide healthcare services or prescribe medicinal drugs to a minor child without first 28
109	109	obtaining written parental consent. 29
110	110	(b) Except as otherwise provided by law or a court order, a healthcare provider may not 30
111	111	allow a medical procedure to be performed on a minor child in its facility without first obtaining 31
112	112	written parental consent. 32
113	113	(c) This section does not apply to an abortion, which is governed by chapter 4.13 of title 33
114	114	23. 34
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118	118	(d) This section does not apply to services provided by a clinical laboratory, unless the 1
119	119	services are delivered through a direct encounter with the minor at the clinical laboratory facility. 2
120	120	For purposes of this subsection, the term "clinical laboratory" has the same meaning as provided in 3
121	121	§ 23-16.2-2. 4
122	122	23-104-6. Penalties. 5
123	123	Any healthcare provider, professional or other person who violates this section is subject 6
124	124	to disciplinary action pursuant to chapter 37 of title 5, as applicable, and commits a misdemeanor 7
125	125	punishable by imprisonment for a term not exceeding one year or by a fine of not more than one 8
126	126	thousand dollars ($1,000) and/or an administrative fine of one thousand dollars ($1,000) for each 9
127	127	violation, as applicable. 10
128	128	SECTION 2. Chapter 16-71 of the General Laws entitled "The Rhode Island Educational 11
129	129	Records Bill of Rights" is hereby amended by adding thereto the following section: 12
130	130	16-71-7. School district notifications on parental rights. 13
131	131	(a) Each district school board shall, in consultation with parents, teachers, and 14
132	132	administrators, develop and adopt a policy to promote parental involvement in the public school 15
133	133	system. Such policy shall include: 16
134	134	(1) A plan for parental participation in schools to improve parent and teacher cooperation 17
135	135	in such areas as homework, school attendance, and discipline. 18
136	136	(2) A procedure for parents to learn about their minor child's course of study, including the 19
137	137	source of any supplemental education materials. 20
138	138	(3) Procedures for parents to object to curriculum materials to be considered for use 21
139	139	pursuant to the provisions of chapter 22 of title 16, and other materials used in the classroom. Such 22
140	140	objections may be based on beliefs regarding morality, sex, and religion or the belief that such 23
141	141	materials are harmful. For purposes of this chapter, curriculum may include other materials used in 24
142	142	the classroom, including workbooks and worksheets, handouts, software, applications, and any 25
143	143	digital media made available to students. 26
144	144	(4) Procedures, pursuant to § 16-22-18, for a parent to withdraw their minor child from any 27
145	145	portion of the school district's comprehensive health education required that relates to sex education 28
146	146	or instruction in acquired immune deficiency syndrome education or any instruction regarding 29
147	147	sexuality if the parent provides a written objection to their minor child's participation. Such 30
148	148	procedures shall provide for a parent to be notified in advance of such course content in order that 31
149	149	they may withdraw their minor child from those portions of the course. 32
150	150	(5) Procedures for a parent to learn about the nature and purpose of clubs and activities 33
151	151	offered at their minor child's school, including those clubs and activities that are extracurricular or 34
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155	155	part of the school curriculum. 1
156	156	(6) Procedures for parents to learn about parental rights and responsibilities under the law, 2
157	157	including all of the following: 3
158	158	(i) Pursuant to § 16-22-18, the right to opt their minor child out of any portion of the school 4
159	159	district's comprehensive health education that relates to sex education instruction in acquired 5
160	160	immune deficiency syndrome education or any instruction regarding sexuality. 6
161	161	(ii) A plan to disseminate information, about school choice options, including open 7
162	162	enrollment. 8
163	163	(iii) In accordance with § 16-38-2, the right of a parent to exempt their minor child from 9
164	164	immunizations. 10
165	165	(iv) The right of a parent to review statewide, standardized assessment results. 11
166	166	(v) The right of a parent to enroll their minor child in gifted or special education programs. 12
167	167	(vi) The right of a parent to inspect school district instructional materials. 13
168	168	(vii) The right of a parent to access information relating to the school district's policies for 14
169	169	promotion or retention, including high school graduation requirements. 15
170	170	(viii) The right of a parent to receive a school report card and be informed of their minor 16
171	171	child's attendance requirements. 17
172	172	(ix) The right of a parent to access information relating to the state public education system, 18
173	173	state standards, report card requirements, attendance requirements, and instructional materials 19
174	174	requirements. 20
175	175	(x) The right of a parent to participate in parent-teacher associations and organizations that 21
176	176	are sanctioned by a district school board or the department of education. 22
177	177	(xi) The right of a parent to opt out of any district-level data collection relating to their 23
178	178	minor child not required by law. 24
179	179	(b) A district school board may provide the information required in this section 25
180	180	electronically or post such information on its website. 26
181	181	(c) A parent may request, in writing, from the district school superintendent the information 27
182	182	set forth in and required under this section. Within ten (10) days, the district school superintendent 28
183	183	shall provide the information to the parent. If the district school superintendent denies a parent's 29
184	184	request for information or does not respond to the parent's request within ten (10) days, the parent 30
185	185	may appeal the denial to the district school board. If possible, the district school board shall place 31
186	186	a parent's appeal on the agenda for its next public meeting. If it is too late for a parent's appeal to 32
187	187	appear on the next agenda, the appeal shall be included on the agenda for the subsequent meeting. 33
188	188	(d) The governing body of a school who violates or allows the violation of this section shall 34
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192	192	be liable for a civil penalty, not less than one thousand dollars ($1,000) per instance. This penalty 1
193	193	shall be assessed and recovered in a civil action brought by the attorney general in any court of 2
194	194	competent jurisdiction. Any penalty assessed and recovered in an action brought pursuant to this 3
195	195	subsection shall be paid to the general treasurer and added to the general fund. 4
196	196	SECTION 3. This act shall take effect upon passage. 5
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203	203	EXPLANATION
204	204	BY THE LEGISLATIVE COUNCIL
205	205	OF
206	206	A N A C T
207	207	RELATING TO HEALTH AND SAFETY - PARENTS' BILL OF RIGHTS ACT
208	208	***
209	209	This act would provide for a parents' bill of rights preventing the state or any governmental 1
210	210	entity from infringing on the fundamental rights of parents in the upbringing of their children. The 2
211	211	act would spell out the rights of parents with respect to the health, education and welfare of their 3
212	212	minor children. Violations of the act would result in civil, criminal and/or administrative penalties. 4
213	213	This act would take effect upon passage. 5
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215	215	LC000378
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