Bill Text: AZ HB2657 | 2024 | Fifty-sixth Legislature 2nd Regular | Introduced
Bill Title: Parent's rights; mental; physical health
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2024-01-24 - House read second time [HB2657 Detail]
Download: Arizona-2024-HB2657-Introduced.html
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REFERENCE TITLE: parent's rights; mental; physical health |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2657 |
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Introduced by Representatives Parker B: Heap, Jones, Kolodin, Marshall, McGarr, Montenegro, Parker J, Smith; Senators Hoffman, Wadsack
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An Act
amending sections 1-602, 8-201, 15-101, 15-102, 15-113 and 15-143, Arizona Revised Statutes; relating to parent's rights.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 1-602, Arizona Revised Statutes, is amended to read:
1-602. Parents' bill of rights; governmental interference restricted; burden of proof; definition
A. All parental rights are exclusively reserved to a parent of a minor child without obstruction or interference from this state, any political subdivision of this state, any other governmental entity or any other institution, including:
1. The right to direct the education of the minor child.
2. All rights of parents identified in title 15, including the right to access and review all records relating to the minor child.
3. The right to direct the upbringing of the minor child.
4. The right to direct the moral or religious training of the minor child.
5. The right to make all health care decisions for the minor child, including rights pursuant to sections 15-873, 36-2271 and 36-2272, unless otherwise prohibited by law.
6. The right to request, access and review all written and electronic medical records of the minor child unless otherwise prohibited by law or unless the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement official requests that the information not be released.
7. The right to consent in writing before a biometric scan of the minor child is made pursuant to section 15-109.
8. The right to consent in writing before any record of the minor child's blood or deoxyribonucleic acid is created, stored or shared, except as required by section 36-694, or before any genetic testing is conducted on the minor child pursuant to section 12-2803 unless authorized pursuant to section 13-610 or a court order.
9. The right to consent in writing before this state or any of its political subdivisions makes a video or voice recording of the minor child, unless the video or voice recording is made during or as a part of a court proceeding, by law enforcement officers during or as part of a law enforcement investigation, during or as part of an interview in a criminal or child safety services investigation or to be used solely for any of the following:
(a) Safety demonstrations, including the maintenance of order and discipline in the common areas of a school or on pupil transportation vehicles.
(b) A purpose related to a legitimate academic or extracurricular activity.
(c) A purpose related to regular classroom instruction.
(d) Security or surveillance of buildings or grounds.
(e) A photo identification card.
10. The right to be notified promptly if an employee of this state, any political subdivision of this state, any other governmental entity or any other institution suspects that a criminal offense has been committed against the minor child by someone other than a parent, unless the incident has first been reported to law enforcement and notifying the parent would impede a law enforcement or child safety services investigation. This paragraph does not create any new obligation for school districts and charter schools to report misconduct between students at school, such as fighting or aggressive play, that is routinely addressed as a student disciplinary matter by the school.
11. The right to obtain information about a child safety services investigation involving the parent pursuant to section 8-807.
B. This section does not authorize or allow a parent to engage in conduct that is unlawful or to abuse or neglect a child in violation of the laws of this state. This section does not prohibit courts, law enforcement officers or employees of a government agency responsible for child welfare from acting in their official capacity within the scope of their authority. This section does not prohibit a court from issuing an order that is otherwise allowed by law.
C. Any attempt to encourage or coerce a minor child to withhold information from the child's parent, including information that is relevant to the minor child's physical, emotional or mental health, is grounds for discipline of an employee of this state, any political subdivision of this state, any other governmental entity or any other institution, except for law enforcement personnel.
D. Unless those rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those listed in this section. This chapter does not prescribe all rights of parents or preempt or foreclose claims or remedies in support of parental rights that are available under the constitution, statutes or common law of this state. Unless otherwise required by law, the rights of parents of minor children shall not be limited or denied.
E. Except as prescribed in subsections F and G of this section, this state, a political subdivision of this state or any other governmental entity, or any official of this state, a political subdivision of this state or any other governmental entity acting under color of law, shall not interfere with or usurp the fundamental right of parents to direct the upbringing, education, health care and mental health of their children. A parent may bring suit against a governmental entity or official described in this subsection based on any violation of the statutory rights set forth in this chapter or any other action that interferes with or usurps the fundamental right of parents to direct the upbringing, education, health care and mental health of their children in the superior court in the county in which the violation or other action occurs or in federal court, if authorized by federal law, or before an administrative tribunal of appropriate jurisdiction. A parent may raise a violation of this chapter as a claim or a defense.
F. In any action under subsection E of this section, the governmental entity or official described in subsection E of this section has the burden of proof to demonstrate both of the following:
1. That the interference or usurpation is essential to accomplish a compelling government interest of the highest order, as long recognized in the history and traditions of this state in the operation of its regulatory powers.
2. That the method of interference or usurpation used by the government is narrowly tailored and is not otherwise served by a less restrictive means.
G. A governmental entity or official described in subsection E of this section may interfere with or usurp the fundamental right of parents to direct the upbringing, education, health care and mental health of their children only if the governmental entity or official successfully demonstrates both elements described in subsection F of this section. If the governmental entity or official is unsuccessful, the court shall grant appropriate relief, such as declaratory or injunctive relief, compensatory damages and attorney fees, based on the facts of the case and the law as applied to the facts.
H. For the purposes of this section, "parent" means the natural or adoptive parent or legal guardian of a minor child.
Sec. 2. Section 8-201, Arizona Revised Statutes, is amended to read:
8-201. Definitions
In this title, unless the context otherwise requires:
1. "Abandoned" means the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision. Abandoned includes a judicial finding that a parent has made only minimal efforts to support and communicate with the child. Failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes prima facie evidence of abandonment.
2. "Abuse" means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child. Abuse:
(a) Includes:
(a) (i) Inflicting or allowing sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553, incest pursuant to section 13-3608 or child sex trafficking pursuant to section 13-3212.
(b) (ii) Physical injury that results from allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug as defined in section 13-3401.
(c) (iii) Unreasonable confinement of a child.
(b) Does not include referring to and raising a child in a manner consistent with the child's biological sex, including related mental health or medical decisions.
3. "Adult" means a person who is eighteen years of age or older.
4. "Adult court" means the appropriate justice court, municipal court or criminal division of the superior court that has jurisdiction to hear proceedings concerning offenses committed by juveniles as provided in sections 8-327 and 13-501.
5. "Award" or "commit" means to assign legal custody.
6. "Child", "youth" or "juvenile" means an individual who is under eighteen years of age.
7. "Complaint" means a written statement of the essential facts constituting a public offense that is any of the following:
(a) Made on an oath before a judge or commissioner of the superior court or an authorized juvenile hearing officer.
(b) Made pursuant to section 13-3903.
(c) Accompanied by an affidavit of a law enforcement officer or employee that swears on information and belief to the accuracy of the complaint pursuant to section 13-4261.
8. "Criminal conduct allegation" means an allegation of conduct by a parent, guardian or custodian of a child or an adult member of the victim's household that, if true, would constitute any of the following:
(a) A violation of section 13-3623 involving child abuse.
(b) A felony offense that constitutes domestic violence as defined in section 13-3601.
(c) A violation of section 13-1404 or 13-1406 involving a minor.
(d) A violation of section 13-1405, 13-1410 or 13-1417.
(e) Any other act of abuse that is classified as a felony.
(f) An offense that constitutes domestic violence as defined in section 13-3601 and that involves a minor who is a victim of or was in imminent danger during the domestic violence.
9. "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of the juvenile court.
10. "DCS report" means a communication received by the centralized intake hotline that alleges child abuse or neglect and that meets the criteria for a report as prescribed in section 8-455.
11. "Delinquency hearing" means a proceeding in the juvenile court to determine whether a juvenile has committed a specific delinquent act as set forth in a petition.
12. "Delinquent act" means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime. Delinquent act does not include an offense under section 13-501, subsection A or B if the offense is filed in adult court. Any juvenile who is prosecuted as an adult or who is remanded for prosecution as an adult shall not be adjudicated as a delinquent juvenile for the same offense.
13. "Delinquent juvenile" means a child who is adjudicated to have committed a delinquent act.
14. "Department" means the department of child safety.
15. "Dependent child":
(a) Means a child who is adjudicated to be:
(i) In need of proper and effective parental care and control and who has no parent or guardian, or one who has no parent or guardian willing to exercise or capable of exercising such care and control.
(ii) Destitute or who is not provided with the necessities of life, including adequate food, clothing, shelter or medical care.
(iii) A child whose home is unfit by reason of abuse, neglect, cruelty or depravity by a parent, a guardian or any other person having custody or care of the child.
(iv) Under eight years of age and who is found to have committed an act that would result in adjudication as a delinquent juvenile or incorrigible child if committed by an older juvenile or child.
(v) Incompetent or not restorable to competency and who is alleged to have committed a serious offense as defined in section 13-706.
(b) Does not include a child who in good faith is being furnished Christian Science treatment by a duly accredited practitioner if none of the circumstances described in subdivision (a) of this paragraph exists.
16. "Detention" means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation.
17. "Director" means the director of the department.
18. "Health professional" has the same meaning prescribed in section 32-3201.
19. "Incorrigible child" means a child who:
(a) Is adjudicated as a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian and who is beyond the control of that person.
(b) Is habitually truant from school as defined in section 15-803, subsection C.
(c) Is a runaway from the child's home or parent, guardian or custodian.
(d) Habitually behaves in such a manner as to injure or endanger the morals or health of self or others.
(e) Commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act.
(f) Fails to obey any lawful order of a court of competent jurisdiction given in a noncriminal action.
20. "Independent living program" includes a residential program with supervision of less than twenty-four hours a day.
21. "Juvenile court" means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility.
22. "Law enforcement officer" means a peace officer, sheriff, deputy sheriff, municipal police officer or constable.
23. "Medical director of a mental health agency":
(a) Means a psychiatrist, or licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency, or a psychiatrist designated by the governing body to act for the director.
(b) Includes the superintendent of the state hospital.
24. "Mental health agency" means any private or public facility that is licensed by this state as a mental health treatment agency, a psychiatric hospital, a psychiatric unit of a general hospital or a residential treatment center for emotionally disturbed children and that uses secure settings or mechanical restraints.
25. "Neglect" or "neglected" means:
(a) The inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes substantial risk of harm to the child's health or welfare, except if the inability of a parent, guardian or custodian to provide services to meet the needs of a child with a disability or chronic illness is solely the result of the unavailability of reasonable services. For the purposes of this This paragraph, neglect or neglected does not include referring to and raising a child in a manner that is consistent with the child's biological sex, including related mental health or medical decisions.
(b) Allowing a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person with the intent and for the purpose of manufacturing a dangerous drug as defined in section 13-3401.
(c) A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in section 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional. This subdivision does not expand a health professional's duty to report neglect based on prenatal exposure to a drug or substance listed in section 13-3401 beyond the requirements prescribed pursuant to section 13-3620, subsection E. The determination by the health professional shall be based on one or more of the following:
(i) Clinical indicators in the prenatal period including maternal and newborn presentation.
(ii) History of substance use or abuse.
(iii) Medical history.
(iv) Results of a toxicology or other laboratory test on the mother or the newborn infant.
(d) Diagnosis by a health professional of an infant under one year of age with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects.
(e) Deliberate exposure of a child by a parent, guardian or custodian to sexual conduct as defined in section 13-3551 or to sexual contact, oral sexual contact or sexual intercourse as defined in section 13-1401, bestiality as prescribed in section 13-1411 or explicit sexual materials as defined in section 13-3507.
(f) Any of the following acts committed by the child's parent, guardian or custodian with reckless disregard as to whether the child is physically present:
(i) Sexual contact as defined in section 13-1401.
(ii) Oral sexual contact as defined in section 13-1401.
(iii) Sexual intercourse as defined in section 13-1401.
(iv) Bestiality as prescribed in section 13-1411.
26. "Newborn infant" means a child who is under thirty days of age.
27. "Petition" means a written statement of the essential facts that allege delinquency, incorrigibility or dependency.
28. "Prevention" means the creation of conditions, opportunities and experiences that encourage and develop healthy, self-sufficient children and that occur before the onset of problems.
29. "Protective supervision" means supervision that is ordered by the juvenile court of children who are found to be dependent or incorrigible.
30. "Qualified young adult" means a former dependent child who is at least eighteen years of age and not over twenty-one years of age, who meets the criteria for an extended foster care program pursuant to section 8-521.02 and who signs a voluntary agreement to participate in the program.
31. "Referral" means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act.
32. "Secure care" means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress.
33. "Serious emotional injury" means an injury that is diagnosed by a medical doctor or a psychologist and that does any one or a combination of the following:
(a) Seriously impairs mental faculties.
(b) Causes serious anxiety, depression, withdrawal or social dysfunction behavior to the extent that the child suffers dysfunction that requires treatment.
(c) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608.
34. "Serious physical injury" means an injury that is diagnosed by a medical doctor and that does any one or a combination of the following:
(a) Creates a reasonable risk of death.
(b) Causes serious or permanent disfigurement.
(c) Causes significant physical pain.
(d) Causes serious impairment of health.
(e) Causes the loss or protracted impairment of an organ or limb.
(f) Is the result of sexual abuse pursuant to section 13-1404, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, child sex trafficking pursuant to section 13-3212, commercial sexual exploitation of a minor pursuant to section 13-3552, sexual exploitation of a minor pursuant to section 13-3553 or incest pursuant to section 13-3608.
35. "Shelter care" means the temporary care of a child in any public or private facility or home that is licensed by this state and that offers a physically nonsecure environment that is characterized by the absence of physically restricting construction or hardware and that provides the child access to the surrounding community.
36. "Young adult administrative review" means an administrative review of a voluntary extended foster care case plan with the qualified young adult, the department's case specialist or designee, an independent party who is not responsible for the case management of or the delivery of services to the qualified young adult and any other individual the young adult invites.
Sec. 3. Section 15-101, Arizona Revised Statutes, is amended to read:
15-101. Definitions
In this title, unless the context otherwise requires:
1. "Accommodation school" means either:
(a) A school that is operated through the county board of supervisors and the county school superintendent and that the county school superintendent administers to serve a military reservation or territory that is not included within the boundaries of a school district.
(b) A school that provides educational services to homeless children or alternative education programs as provided in section 15-308, subsection B.
(c) A school that is established to serve a military reservation, the boundaries of which are coterminous with the boundaries of the military reservation on which the school is located.
2. "Assessed valuation" means the valuation derived by applying the applicable percentage as provided in title 42, chapter 15, article 1 to the full cash value or limited property value, whichever is applicable, of the property.
3. "Charter holder" means a person that enters into a charter with the state board for charter schools. For the purposes of this paragraph, "person" means an individual, partnership, corporation, association or public or private organization of any kind.
4. "Charter school" means a public school established by contract with the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district or a group of community college districts pursuant to article 8 of this chapter to provide learning that will improve pupil achievement.
5. "Child with a disability" means a child with a disability as defined in section 15-761.
6. "Class A bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held on or before December 31, 1998.
7. "Class B bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held from and after December 31, 1998.
8. "Competency" means a demonstrated ability in a skill at a specified performance level.
9. "Course" means organized subject matter in which instruction is offered within a given period of time and for which credit toward promotion, graduation or certification is usually given. A course consists of knowledge selected from a subject for instructional purposes in the schools.
10. "Course of study" means a list of required and optional subjects to be taught in the schools.
11. "Curriculum" means any textbook, supplemental book, learning material and activity, homework, presentation, handout, video, software, questionnaire, survey or other written or electronic material used to instruct students in a class or course.
11. 12. "Dual enrollment course" means a college-level course that is conducted on the campus of a high school or on the campus of a career technical education district, that is applicable to an established community college academic degree or certificate program and that is transferable to a university under the jurisdiction of the Arizona board of regents. A dual enrollment course that is applicable to a community college occupational degree or certificate program may be transferable to a university under the jurisdiction of the Arizona board of regents.
12. 13. "Elementary grades" means kindergarten programs and grades one through eight.
13. 14. "Fiscal year" means the year beginning July 1 and ending June 30.
14. 15. "Governing board" means a body organized for the government and management of to govern and manage the schools within a school district or a county school superintendent in the conduct of an accommodation school.
15. 16. "Lease" means an agreement for conveyance and possession of conveying and possessing real or personal property.
16. 17. "Limited property value" means the value determined pursuant to title 42, chapter 13, article 7. Limited property value shall be that is used as the basis for assessing, fixing, determining and levying primary property taxes.
17. 18. "Nontest" means not relating to knowledge or skills in reading, writing, mathematics, social studies, science or any other course.
18. 19. "Parent" means the natural or adoptive parent of a child or a person who has custody of a child.
19. 20. "Person who has custody" means a parent or legal guardian of a child, a person to whom custody of the child has been given by order of a court or a person who stands in loco parentis to the child.
20. 21. "Primary property taxes" means all ad valorem taxes except for secondary property taxes.
21. 22. "Private school" means a nonpublic institution where instruction is imparted.
22. 23. "School" or "public school" means any public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of elementary grades or secondary grades one through twelve.
23. 24. "School district" means a political subdivision of this state with geographic boundaries organized for the purpose of the administration to administer, support and maintenance of maintain the public schools or an accommodation school.
24. 25. "Secondary grades" means grades nine through twelve.
25. 26. "Secondary property taxes" means ad valorem taxes used to pay the principal of and the interest and redemption charges on any bonded indebtedness or other lawful long-term obligation issued or incurred for a specific purpose by a school district or a community college district and amounts levied pursuant to an election to exceed a budget, expenditure or tax limitation.
26. 27. "Subject" means a division or field of organized knowledge, such as English or mathematics, or a selection from an organized body of knowledge for a course or teaching unit, such as the English novel or elementary algebra.
Sec. 4. Section 15-102, Arizona Revised Statutes, is amended to read:
15-102. Parental involvement in the school; definition
A. Each school district governing board, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district, including:
1. A plan for parent participation in the schools that is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline. The plan shall provide for the administration of a parent-teacher satisfaction survey.
2. Procedures by which parents may learn about the course of study for their children and review learning materials, including the source of any supplemental educational materials.
3. Beginning January 1, 2023, Procedures by which parents have access to the school's library collection of available books and materials and parents may receive a list of books and materials borrowed from the library by their children. The policy must provide that the following are exempt from the procedures prescribed pursuant to this paragraph:
(a) Schools without a full-time library media specialist or an equivalent position.
(b) School district libraries that have agreements with county free library districts, municipal libraries or other entities pursuant to section 15-362, subsection D.
4. Procedures by which parents who object to any learning material or activity on the basis that the material or activity is harmful may withdraw their children from the activity or from the class or program in which the material is used. Objection to a learning material or activity on the basis that the material or activity is harmful includes objection to the material or activity because it questions beliefs or practices in sex, morality or religion.
5. If a school district offers any sex education curricula pursuant to section 15-711 or 15-716 or pursuant to any rules adopted by the state board of education, procedures to prohibit the school district from providing sex education instruction to a pupil unless the pupil's parent provides written permission for the child to participate in the sex education curricula.
6. Procedures by which parents will be notified in advance of and given the opportunity to opt their children in to any instruction, learning materials or presentations regarding sexuality, in courses other than formal sex education curricula.
7. Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the school curriculum, extracurricular clubs and activities that have been approved by the school.
8. Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including the following:
(a) The right to opt in to a sex education curriculum if one is provided by the school district.
(b) Open enrollment rights pursuant to section 15-816.01.
(c) The right to opt out of assignments pursuant to this section.
(d) The right to opt out of immunizations pursuant to section 15-873.
(e) The promotion requirements prescribed in section 15-701.
(f) The minimum course of study and competency requirements for graduation from high school prescribed in section 15-701.01.
(g) The right to opt out of instruction on acquired immune deficiency syndrome pursuant to section 15-716.
(h) The right to review test results pursuant to section 15-743.
(i) The right to participate in gifted programs pursuant to section 15-779.01.
(j) The right to access instructional materials pursuant to section 15-730.
(k) The right to receive a school report card pursuant to section 15-746.
(l) The attendance requirements prescribed in sections 15-802, 15-803 and 15-821.
(m) The right to public review of courses of study, textbooks and library books and materials pursuant to sections 15-721 and 15-722.
(n) The right to be excused from school attendance for religious purposes pursuant to section 15-806.
(o) Policies related to parental involvement pursuant to this section.
(p) The right to seek membership on school councils pursuant to section 15-351.
(q) Information about the student accountability information system as prescribed in section 15-1041.
(r) The right to access the failing schools tutoring fund pursuant to section 15-241.
(s) The right to access all written and electronic records of a school district or school district employee or any person or organization that is hired, contracted or authorized by the school district to provide services to students concerning the parent's child pursuant to section 15-143.
9. Procedures to notify a parent at least five days in advance and obtain the parent's consent before the parent's child attends any instruction or presentation that has the goal or purpose of studying, exploring or informing the student about gender roles or stereotypes, gender identity, gender expression or sexual orientation.
10. Procedures to notify a parent if a parent's child expresses to any school employee that the child is experiencing gender incongruence or asks a school employee to participate in social affirmation or transition while at school. For the purposes of this paragraph, "employee" includes a person who provides certified or classified services to the school district as an employee of a third-party contractor.
B. The policy adopted by the governing board pursuant to this section may also include the following components:
1. A plan by which parents will be made aware of the district's parental involvement policy and this section, including:
(a) Rights under the family educational rights and privacy act of 1974 (20 United States Code section 1232g) relating to access to children's official records.
(b) The parent's right to inspect the school district policies and curriculum.
2. Efforts to encourage the development of parenting skills.
3. Communicating to parents techniques that are designed to assist the child's learning experience in the home.
4. Efforts to encourage access to community and support services for children and families.
5. Promoting communication between the school and parents concerning school programs and the academic progress of the parents' children.
6. Identifying opportunities for parents to participate in and support classroom instruction at the school.
7. Efforts to support, with appropriate training, parents as shared decision-makers and to encourage membership on school councils.
8. Recognizing the diversity of parents and developing guidelines that promote widespread parental participation and involvement in the school at various levels.
9. Developing preparation programs and specialized courses for certificated employees and administrators that promote parental involvement.
10. Developing strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education.
C. The governing board may adopt a policy to provide to parents the information required by this section in an electronic form.
D. A parent shall submit a written request for information pursuant to this section during regular business hours to either the school principal at the school site or the superintendent of the school district at the office of the school district. Within ten days after receiving the request for information, the school principal or the superintendent of the school district shall either deliver the requested information to the parent or submit to the parent a written explanation of the reasons for denying the requested information. If the request for information is denied or the parent does not receive the requested information within fifteen days after submitting the request for information, the parent may request the information in writing from the school district governing board, which shall formally consider the request at the next scheduled public meeting of the governing board if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the governing board shall formally consider the request at the next subsequent public meeting of the governing board.
E. For the purposes of this section, "parent" means the natural or adoptive parent or legal guardian of a minor child.
Sec. 5. Section 15-113, Arizona Revised Statutes, is amended to read:
15-113. Rights of parents; public educational institutions; complaint procedures; cause of action; remedies; definitions
A. A parent of a student in a public educational institution has the right to review all learning materials and activities in advance. A parent who objects to any learning material or activity on the basis that the material or activity is harmful may request to withdraw that parent's student from the activity or from the class or program in which the material is used and request an alternative assignment.
B. A charter school may require parents to waive the right to object to learning materials or activities pursuant to subsection A of this section as a condition of enrollment if the charter school provides a complete list of books and materials to be used each school year before the student enrolls. If the charter school introduces books or materials that were not disclosed prior to before the student's enrollment, the parent retains the right to object to those materials pursuant to subsection A of this section.
C. A charter school may require that any request to review learning materials or activities or to withdraw the student from learning materials or activities pursuant to subsection A of this section be made in writing.
D. A public educational institution shall obtain signed, written consent from a student's parent or guardian before doing either any of the following:
1. Using video, audio or electronic materials that may be inappropriate for the age of the student.
2. Providing sex education instruction to the student. At the same time the public educational institution seeks consent, it shall inform the student's parent or guardian of the parent's or guardian's right to review the instructional learning materials and activities.
3. Providing any instruction or presentation that has the goal or purpose of studying, exploring or informing students about gender roles or stereotypes, gender identity, gender expression or sexual orientation.
4. Implementing any plan concerning any gender incongruence experienced by the student, including any counseling of the student at school. Any such plan must include a provision for parental participation to the extent requested by the parent.
5. placing a student in a bedroom with an individual of the opposite biological sex or requiring a student to share a multioccupancy restroom with an individual of the opposite biological sex during any overnight trip that is sponsored or authorized by a public educational institution. if the student's parent does not provide written consent, the public educational institution must allow the student to attend the activity or event and must provide the student with an alternative ACCOMMODATION that does not require the student to share overnight lodging or a multioccupancy restroom with an individual of the OPPOSITE biological sex.
E. A public educational institution shall inform at least one parent within seven days after a student expresses to any employee that the student is experiencing any gender incongruence or requests that any such employee participate in social affirmation of the student's gender incongruence or the transition of the student to a sex or gender different from the student's biological sex while at school. For the purposes of this subsection, "employee" includes a person who provides certified or classified services to the school district as an employee of a third-party contractor.
F. A public educational institution may not withhold or conceal information from, or facilitate, encourage or coerce a student to withhold or conceal information from, the student's parents about any of the following:
1. The student's curricular or extracurricular projects, assignments or activities.
2. The student's physical, emotional or mental health.
3. The student's purported gender identity or requested transition if the student's purported gender identity is incongruous with the student's biological sex.
G. A parent may submit a written complaint that details any violation of this section to the public educational institution. If desired by the parent, the parent is entitled to a meeting with the superintendent or principal to discuss the complaint. The superintendent or principal shall investigate the complaint and respond to the parent in writing within fourteen days after receiving the complaint and describe the actions that will be taken to remedy the complaint.
H. A parent may appeal the actions of the superintendent or principal to the board or governing body by submitting a written complaint that details the violation of this section and a description of why the actions failed to remedy the complaint. The board or governing body shall appoint a committee to investigate any such complaints. The committee shall meet with the parent to discuss the complaint. Within thirty days after receiving the complaint, the committee shall submit a recommended response and proposed steps to remedy the complaint to the full board or governing body for action by the board or governing body at the next regularly scheduled meeting.
I. If the action of the board or governing body does not remedy the complaint, a parent may file suit against a school district or charter school that violates subsection A of this section in the superior court in the county in which the violation occurs. This section does not preclude a parent from filing a suit asserting a violation of this section or any other claim otherwise allowed by law.
J. A parent who successfully asserts a claim under subsection I of this section may recover declaratory relief, injunctive relief to prevent or remedy a violation of subsection I of this section or the effects of the violation, liquidated damages of $5,000 per violation, reasonable attorney fees and costs, and any other appropriate relief.
E. K. For the purposes of this section:
1. "Biological sex" has the same meaning prescribed in section 32-3230.
2. "Board or governing body" includes a school district governing board, a charter school governing body, the Arizona state schools for the deaf and the blind board of directors and any county board of supervisors that operates an accommodation school.
3. "Gender incongruence" means a difference between an individual's biological sex and the individual's perceived or desired gender.
1. 4. "Objects to any learning material or activity on the basis that the material or activity is harmful" means objecting to the material or activity because of sexual content, violent content or profane or vulgar language.
2. 5. "Public educational institution" means any of the following:
(a) A school district, including its schools.
(b) A charter school.
(c) An accommodation school.
(d) The Arizona state schools for the deaf and the blind.
Sec. 6. Section 15-143, Arizona Revised Statutes, is amended to read:
15-143. Educational records; rights of parents
A. In accordance with the rights secured under section 1-602, subsection A, paragraph 2, a parent shall have access to all written and electronic records of a school district or charter school or a school district or charter school employee or any person or organization that is hired, contracted or authorized by the school district or charter school to provide services to students concerning the parent's child and to all electronic accounts of the parent's child, including all of the following:
1. Attendance records.
2. Test Scores of school-administered tests and statewide assessments.
3. Grades.
4. Extracurricular activities or club participation.
5. Disciplinary records.
6. Counseling records.
7. Psychological records.
8. Applications for admission.
9. Health and immunization information, including any medical records that are maintained by a health clinic or medical facility operated or controlled by the school district or charter school or that are located on school district or charter school property.
10. Teacher and counselor evaluations.
11. Reports of behavioral patterns.
12. Email accounts.
13. Online or virtual accounts or data.
B. A parent may file suit against a school district or charter school that violates subsection A of this section in the superior court in the county in which the violation occurs. This section does not preclude a parent from filing a suit asserting a violation of this section or any other claim otherwise allowed by law.
C. A parent who successfully asserts a claim under subsection A of this section may recover:
1. Declaratory relief.
2. Injunctive relief to prevent or remedy a violation of subsection A of this section or the effects of the violation.
3. Reasonable attorney fees and costs.
4. liquidated damages of $5,000 per violaton.
