Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB489 Compare Versions

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

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1	1	LRB-4437/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 489
5	5	October 16, 2023 - Introduced by Senators WANGGAARD, QUINN, MARKLEIN and
6	6	NASS, cosponsored by Representatives WITTKE, GUNDRUM, MAXEY, NEDWESKI,
7	7	SCHMIDT, BINSFELD, RETTINGER, ALLEN, MAGNAFICI, STEFFEN, BROOKS,
8	8	ARMSTRONG, CALLAHAN, O'CONNOR, GOEBEN, BODDEN, SAPIK, TITTL, MICHALSKI,
9	9	SCHUTT, PENTERMAN, DITTRICH, MURPHY, GREEN, BEHNKE, MURSAU, BRANDTJEN,
10	10	WICHGERS, VANDERMEER and EDMING. Referred to Committee on Education.
11	11	AN ACT to create 48.9865 of the statutes; relating to: rights reserved to a parent
12	12	or guardian of a child.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill establishes a legal standard for state infringement on fundamental
15	15	rights of parents and guardians, explicitly establishes a number of parental and
16	16	guardian rights relating to a child's religion, medical care and records, and
17	17	education, and creates a cause of action for the violation of these rights.
18	18	The bill prohibits the state from infringing on the fundamental right of parents
19	19	to direct the upbringing, education, health care, and mental health of their children
20	20	without demonstrating that the infringement is required by a compelling
21	21	governmental interest of the highest order as applied to the child, is narrowly
22	22	tailored, and is not otherwise served by a less restrictive means.
23	23	The bill reserves all of the following rights to the parent of a child without
24	24	interference from the state or other government entity:
25	25	1. The right to determine the religion of the child.
26	26	2. The right to determine the type of school or educational setting the child
27	27	attends.
28	28	3. The right to be notified of each health care service, including vaccinations
29	29	or immunizations, offered at the child's school and the right to withhold consent or
30	30	decline any specific service, unless otherwise specified by law or court order.
31	31	4. The right to review all medical records related to the child, unless otherwise
32	32	specified by law or court order.
33	33	5. The right to determine the names and pronouns used for the child while at
34	34	school.
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39	39	6. The right to review instructional materials and outlines used by the child's
40	40	school, to the extent required by federal law.
41	41	7. The right to access records regarding the education of the child that are
42	42	generated, maintained, or used by the child's school, to the extent required by federal
43	43	law.
44	44	8. The right to timely notice by the child's school of any surveys or evaluations
45	45	conducted in the child's classroom that would reveal information concerning any of
46	46	the following about the child or his or her parent or family members: political
47	47	affiliations or beliefs; mental or psychological problems; sexual behavior or attitudes;
48	48	illegal, antisocial, self-incriminating, or demeaning behavior; critical appraisals of
49	49	individuals with whom the child or parent has a close family relationship;
50	50	relationships that are legally recognized as privileged, such as those with lawyers,
51	51	physicians, and ministers; religious practices, affiliations, or beliefs; or income,
52	52	unless otherwise specified by law.
53	53	9. The right to timely notice by the child's school, through a process consistent
54	54	with school policy, of when a controversial subject will be taught or discussed in the
55	55	child's classroom. The bill defines “controversial subject” as a subject of substantial
56	56	public debate, disagreement, or disapproval and specifies that the term includes
57	57	instruction about gender identity, sexual orientation, racial identity, structural,
58	58	systemic, or institutional racism, or content that is not age-appropriate.
59	59	10. The right to opt out of a class or instructional materials at the child's school
60	60	for reasons based on either religion or personal conviction.
61	61	11. The right to visit the child at school during school hours, consistent with
62	62	school policy, unless otherwise specified by law or court order.
63	63	12. The right to engage with locally elected school board members of the school
64	64	district in which the child is a student in accordance with school district policy,
65	65	including by participating at regularly scheduled school board meetings.
66	66	13. The right to be notified of the creation of or updates to a security or
67	67	surveillance system at the child's school, not including routine maintenance.
68	68	14. The right to be informed by the child's school, in accordance with school
69	69	policy, of any disciplinary action taken against the child. This includes suspension,
70	70	expulsion, seclusion, physical restraint, or removal from class.
71	71	15. The right to be timely informed of any acts of violence or crimes occurring
72	72	on grounds of the child's school.
73	73	16. The right to receive accurate and individual information from the child's
74	74	school at least two times per year regarding the academic proficiency and classroom
75	75	behavior of the child.
76	76	The bill also provides that a guardian has all of the rights listed in the bill,
77	77	unless they are limited by law or court order.
78	78	The bill provides that this list does not comprehensively prescribe all
79	79	inalienable parental rights, and that a child's guardian may have rights that are
80	80	more comprehensive than those listed.
81	81	The bill requires a school board to adopt a policy setting forth a process by which
82	82	a parent or guardian of a pupil enrolled in the school district may file a written
83	83	complaint alleging that a right identified in the bill was violated. Under the bill, this - 3 -2023 - 2024 Legislature
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86	86	SENATE BILL 489
87	87	policy must require the school board to hold a public hearing to address any such
88	88	written complaints at least once every three months. The bill also requires that the
89	89	process be timely, that it grant the school board the final decision, and that it allow
90	90	a clear process to appeal that decision.
91	91	The bill also allows a parent or guardian who is denied one of the rights
92	92	identified in the bill to bring a civil action against a governmental body or official.
93	93	The bill allows a parent or guardian to raise a violation of these rights in court or
94	94	before an administrative tribunal of appropriate jurisdiction as a claim or defense.
95	95	Under the bill, a parent or guardian that successfully asserts such a claim may
96	96	recover declaratory relief, injunctive relief, reasonable attorney's fees and costs, and
97	97	up to $10,000 for any other appropriate relief.
98	98	The bill provides that nothing in the bill authorizes a parent or guardian to
99	99	abuse or neglect a child in violation of state law and that it may not be construed to
100	100	apply to a parent's or guardian's action or decision that would end life. The bill also
101	101	provides that nothing in the bill prohibits a court from issuing an order that is
102	102	otherwise permitted by law and that it may not be construed to supersede a court
103	103	order.
104	104	The people of the state of Wisconsin, represented in senate and assembly, do
105	105	enact as follows:
106	106	SECTION 1. 48.9865 of the statutes is created to read:
107	107	48.9865 Rights reserved to parents. (1) In this section:
108	108	(a) “Controversial subject” means a subject of substantial public debate,
109	109	disagreement, or disapproval and includes instruction about gender identity, sexual
110	110	orientation, racial identity, structural, systemic, or institutional racism, or content
111	111	that is not age-appropriate, as defined in s. 118.019 (1m) (a).
112	112	(b) “School board” has the meaning given in s. 115.001 (7).
113	113	(c) “Timely notice” means written notice provided to a parent or guardian
114	114	through a process consistent with school policy such that the parent or guardian may
115	115	effectively exercise the rights set forth under this section.
116	116	(2) This state may not infringe on the fundamental right of parents to direct
117	117	the upbringing, education, health care, and mental health of their children without
118	118	demonstrating that the infringement is required by a compelling governmental
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133	133	SECTION 1 SENATE BILL 489
134	134	interest of the highest order as applied to the child, is narrowly tailored, and is not
135	135	otherwise served by a less restrictive means. The rights enumerated in this section
136	136	are in addition to rights granted to parents under the constitutions of this state and
137	137	of the United States.
138	138	(3) All of the following rights are reserved to the parent of a child without
139	139	interference from the state or other government entity:
140	140	(a) The right to determine the religion of the child.
141	141	(b) The right to determine the type of school or educational setting the child
142	142	attends.
143	143	(c) The right to be notified of each health care service, including vaccinations
144	144	or immunizations, offered at the child's school and the right to withhold consent or
145	145	decline any specific service, unless otherwise specified by law or court order.
146	146	(d) The right to review all medical records related to the child, unless otherwise
147	147	specified by law or court order.
148	148	(e) The right to determine the names and pronouns used for the child while at
149	149	school.
150	150	(f) The right to review instructional materials and outlines used by the child's
151	151	school, to the extent required by federal law.
152	152	(g) The right to access records regarding the education of the child that are
153	153	generated, maintained, or used by the child's school, to the extent required by federal
154	154	law.
155	155	(h) The right to timely notice by the child's school of any surveys or evaluations
156	156	conducted in the child's classroom that would reveal information concerning any of
157	157	the following about the child or his or her parent or family members:
158	158	1. Political affiliations or beliefs.
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186	186	SECTION 1
187	187	SENATE BILL 489
188	188	2. Mental or psychological problems.
189	189	3. Sexual behavior or attitudes.
190	190	4. Illegal, antisocial, self-incriminating, or demeaning behavior.
191	191	5. Critical appraisals of individuals with whom the child or parent has a close
192	192	family relationship.
193	193	6. Relationships that are legally recognized as privileged, such as those with
194	194	lawyers, physicians, and ministers.
195	195	7. Religious practices, affiliations, or beliefs.
196	196	8. Income, unless otherwise specified by law.
197	197	(i) The right to timely notice by the child's school, through a process consistent
198	198	with school policy, of when a controversial subject will be taught or discussed in the
199	199	child's classroom.
200	200	(j) The right to opt out of a class or instructional materials at the child's school
201	201	for reasons based on either religion or personal conviction.
202	202	(k) The right to visit the child at school during school hours, consistent with
203	203	school policy, unless otherwise specified by law or court order.
204	204	(L) The right to engage with locally elected school board members of the school
205	205	district in which the child is a student in accordance with school district policy,
206	206	including by participating at regularly scheduled school board meetings.
207	207	(m) The right to be notified of the creation of or updates to a security or
208	208	surveillance system at the child's school, not including routine maintenance.
209	209	(n) The right to be informed by the child's school, in accordance with school
210	210	policy, of any disciplinary action taken against the child. This includes suspension,
211	211	expulsion, seclusion, physical restraint, or removal from class.
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237	237	SECTION 1 SENATE BILL 489
238	238	(o) The right to be timely informed of any acts of violence or crimes occurring
239	239	on grounds of the child's school.
240	240	(p) The right to receive accurate and individual information from the child's
241	241	school at least 2 times per year regarding the academic proficiency and classroom
242	242	behavior of the child.
243	243	(4) Except as limited by other law or court order, a guardian of a child has the
244	244	rights specified under subs. (2) and (3).
245	245	(5) Nothing in this section authorizes a parent or guardian to abuse or neglect
246	246	a child in violation of the laws of this state. This section may not be construed to apply
247	247	to a parent's or guardian's action or decision that would end life. Nothing in this
248	248	section prohibits a court from issuing an order that is otherwise permitted by law.
249	249	This section may not be construed to supersede a court order.
250	250	(6) A school board shall adopt a policy setting forth a process by which a parent
251	251	or guardian of a pupil enrolled in the school district may file a written complaint
252	252	alleging that the parent's or guardian's rights under sub. (3) were violated. The
253	253	policy shall require the school board to hold a public hearing to address any written
254	254	complaints received under this subsection at least once every 3 months. The policy
255	255	shall establish this process to be timely, to grant the school board the final decision,
256	256	and to allow a clear process to appeal that decision.
257	257	(7) A parent or guardian who is denied one or more of the rights identified in
258	258	sub. (3) may do any of the following:
259	259	(a) File a written complaint as provided in the school board policy under sub.
260	260	(6), if applicable.
261	261	(b) Bring a civil action against a governmental body or official. A parent or
262	262	guardian may raise a violation of this section in court or before an administrative
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290	290	SECTION 1
291	291	SENATE BILL 489
292	292	tribunal of appropriate jurisdiction as a claim or defense. A parent or guardian who
293	293	successfully asserts a claim under this subsection may recover declaratory relief,
294	294	injunctive relief, reasonable attorney's fees and costs notwithstanding s. 814.04 (1),
295	295	and no more than $10,000 for any other appropriate relief.
296	296	(8) A parent of a child in this state has inalienable rights that are more
297	297	comprehensive than those listed in this section, unless such rights have been legally
298	298	waived, limited, or terminated. A guardian of a child in this state may have rights
299	299	that are more comprehensive than those listed in this section.
300	300	(END)
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