SB 489

This bill establishes a legal standard for state infringement on fundamental

rights of parents and guardians, explicitly establishes a number of parental and

guardian rights relating to a child's religion, medical care and records, and

education, and creates a cause of action for the violation of these rights.

The bill prohibits the state from infringing on the fundamental right of parents

to direct the upbringing, education, health care, and mental health of their children

without demonstrating that the infringement is required by a compelling

governmental interest of the highest order as applied to the child, is narrowly

tailored, and is not otherwise served by a less restrictive means.

The bill reserves all of the following rights to the parent of a child without

interference from the state or other government entity:

1. The right to determine the religion of the child.

2. The right to determine the type of school or educational setting the child

attends.

3. The right to be notified of each health care service, including vaccinations

or immunizations, offered at the child's school and the right to withhold consent or

decline any specific service, unless otherwise specified by law or court order.

4. The right to review all medical records related to the child, unless otherwise

specified by law or court order.

5. The right to determine the names and pronouns used for the child while at

school.

6. The right to review instructional materials and outlines used by the child's

school, to the extent required by federal law.

7. The right to access records regarding the education of the child that are

generated, maintained, or used by the child's school, to the extent required by federal

law.

8. The right to timely notice by the child's school of any surveys or evaluations

conducted in the child's classroom that would reveal information concerning any of

the following about the child or his or her parent or family members: political

affiliations or beliefs; mental or psychological problems; sexual behavior or attitudes;

illegal, antisocial, self-incriminating, or demeaning behavior; critical appraisals of

individuals with whom the child or parent has a close family relationship;

relationships that are legally recognized as privileged, such as those with lawyers,

physicians, and ministers; religious practices, affiliations, or beliefs; or income,

unless otherwise specified by law.

9. The right to timely notice by the child's school, through a process consistent

with school policy, of when a controversial subject will be taught or discussed in the

child's classroom. The bill defines “controversial subject” as a subject of substantial

public debate, disagreement, or disapproval and specifies that the term includes

instruction about gender identity, sexual orientation, racial identity, structural,