Seventieth General AssemblyLLS NO. 15-0264.01 Jane Ritter x4342Senate - PDF document

Seventieth General AssemblyLLS NO. 15-0264.01 Jane Ritter x4342Senate CommitteesHouse CommitteesEducationONCERNING THE CREATION OF A PARENTS BILL OF RIGHTSBill Summary(Note: This summary applies to this bill as introduced and doesnot reflect any amendments that may be subsequently adopted. If this billpasses third reading in the house of introduction, a bill summary thatapplies to the reengrossed version of this bill will be available at The bill establishes a parent's bill of rights that sets forth specificparental rights related to education, health care, and mental health care ofminor children. Neville T.,e, Crowder, Grantham, RobertsNeville P., Saine, Humphrey, Everett Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute.Dashes through the words indicate deletions from existing statute. In Colorado Revised Statutes, article 16 to title14 as follows:14-16-101. Short title.HIS ARTICLE IS KNOWN AS THE ARENTILL OF IGHTS14-16-102. Definitions.S USED IN THIS ARTICLE UNLESS THECONTEXT OTHERWISE REQUIRES(1) "MINOR CHILD MEANS A PERSON SEVENTEEN YEARS OF AGEOR YOUNGER(2) "PARENT MEANS THE NATURAL OR ADOPTIVE PARENT ORLEGAL GUARDIAN OF A MINOR CHILD14-16-103. Parental rights reserved - exceptions. (1) THIS ANY POLITICAL SUBDIVISION OF THIS STATE OR ANY OTHERGOVERNMENTAL ENTITY OR INSTITUTION SHALL NOT INFRINGE UPON THEFUNDAMENTAL RIGHT OF A PARENT TO DIRECT THE UPBRINGINGEDUCATION AND PHYSICAL AND MENTAL HEALTH CARE OF HIS OR HERMINOR CHILD WITHOUT DEMONSTRATING THAT THE COMPELLINGGOVERNMENTAL INTEREST AS APPLIED TO THE CHILD INVOLVED IS OF THEHIGHEST ORDER IS NARROWLY TAILORED AND CANNOT BE ACCOMPLISHEDIN A LESS RESTRICTIVE MANNER(2) ALL PARENTAL RIGHTS ARE RESERVED TO A PARENT OF AMINOR CHILD WITHOUT OBSTRUCTION OR INTERFERENCE FROM THIS STATEANY POLITICAL SUBDIVISION OF THIS STATE OR ANY OTHERGOVERNMENTAL ENTITY OR INSTITUTION INCLUDING BUT NOT LIMITED TOTHE RIGHT TOIRECT THE EDUCATION OF THE MINOR CHILD-2- (b) ACCESS AND REVIEW ALL SCHOOL RECORDS RELATING TO THEMINOR CHILDIRECT THE UPBRINGING OF THE MINOR CHILD(d) DIRECT THE MORAL OR RELIGIOUS TRAINING OF THE MINORCHILDAKE HEALTH CARE DECISIONS FOR THE MINOR CHILD(f) ACCESS AND REVIEW ALL MEDICAL RECORDS OF THE MINORCHILD(g) CONSENT IN WRITING BEFORE A BIOMETRIC SCAN OF THE MINORCHILD OCCURS OR IS SHARED OR STORED(h) CONSENT IN WRITING BEFORE ANY RECORD OF THE MINORCHILDS BLOOD OR IS MADE SHARED OR STORED UNLESS OBTAININGSUCH BLOOD OR IS OTHERWISE REQUIRED BY LAW OR AUTHORIZEDPURSUANT TO A COURT ORDER(i) CONSENT IN WRITING BEFORE THE STATE OR ANY OF ITSPOLITICAL SUBDIVISIONS MAKES A VIDEO OR VOICE RECORDING OF THEMINOR CHILD UNLESS THE VIDEO OR VOICE RECORDING IS TO BE USEDSOLELY FOR ANY OF THE FOLLOWING PURPOSES(I) SAFETY DEMONSTRATIONS INCLUDING THE MAINTENANCE OFORDER AND DISCIPLINE IN THE COMMON AREAS OF A SCHOOL OR ONSCHOOL VEHICLES(II) A PURPOSE RELATED TO A LEGITIMATE ACADEMIC OREXTRACURRICULAR ACTIVITY(III) A PURPOSE RELATED TO REGULAR CLASSROOM INSTRUCTION(IV) SECURITY OR SURVEILLANCE OF BUILDINGS OR GROUNDS OR PHOTO IDENTIFICATION CARD AND(j) BE NOTIFIED PROMPTLY IF AN EMPLOYEE OF THIS STATE ANY-3- POLITICAL SUBDIVISION OF THIS STATE ANY OTHER GOVERNMENTALENTITY OR INSTITUTION OR ANY OTHER INSTITUTION SUSPECTS THAT ACRIMINAL OFFENSE HAS BEEN COMMITTED AGAINST THE MINOR CHILD BYSOMEONE OTHER THAN A PARENTHIS PARAGRAPH (j) DOES NOT CREATEANY NEW OBLIGATION FOR A SCHOOL DISTRICT OR CHARTER SCHOOL TOREPORT MISCONDUCT BETWEEN STUDENTS AT SCHOOL SUCH AS FIGHTINGOR AGGRESSIVE PLAY THAT IS ROUTINELY ADDRESSED BY THE SCHOOL ASA STUDENT DISCIPLINARY MATTER(3) AN ATTEMPT TO ENCOURAGE OR COERCE A MINOR CHILD TOWITHHOLD INFORMATION FROM HIS OR HER PARENT IS GROUNDS FORDISCIPLINE OF AN EMPLOYEE OF THIS STATE ANY POLITICAL SUBDIVISIONOF THIS STATE OR ANY OTHER GOVERNMENTAL ENTITY OR INSTITUTIONEXCEPT AS USED BY A PEACE OFFICER IN THE CONTEXT OF A CRIMINALINVESTIGATION(4) UNLESS A RIGHT HAS BEEN LEGALLY WAIVED OR LEGALLYTERMINATED A PARENT HAS INALIENABLE RIGHTS THAT ARE MORECOMPREHENSIVE THAN THOSE LISTED IN THIS ARTICLEHE ARENTILL OF IGHTS DOES NOT PRESCRIBE ALL RIGHTS OF A PARENTNLESSOTHERWISE REQUIRED BY LAW THE RIGHTS OF A PARENT OF A MINORCHILD MUST NOT BE LIMITED OR DENIED14-16-104. Parental rights related to education of a minorchild - policy for parental involvement - request for information.(1) THE BOARD OF EDUCATION OF A SCHOOL DISTRICT IN CONSULTATIONWITH PARENTS TEACHERS AND ADMINISTRATORS SHALL DEVELOP ANDADOPT A POLICY TO PROMOTE THE INVOLVEMENT OF PARENTS OFCHILDREN ENROLLED IN THE SCHOOLS WITHIN THE SCHOOL DISTRICTPOLICY MUST INCLUDE-4- (a) A PLAN FOR PARENT PARTICIPATION IN THE SCHOOLS THAT ISDESIGNED TO IMPROVE PARENT AND TEACHER COOPERATION IN SUCHAREAS AS HOMEWORK ATTENDANCE AND DISCIPLINE(b) PROCEDURES BY WHICH A PARENT CAN LEARN ABOUT THECOURSE OF STUDY FOR HIS OR HER MINOR CHILD AND REVIEW LEARNINGMATERIALS INCLUDING THE SOURCE OF ANY SUPPLEMENTALEDUCATIONAL MATERIALS(c) PROCEDURES BY WHICH A PARENT WHO OBJECTS TO ANYLEARNING MATERIAL OR ACTIVITY ON THE BASIS THAT IT IS HARMFUL MAYWITHDRAW HIS OR HER MINOR CHILD FROM THE ACTIVITY OR FROM THECLASS OR PROGRAM IN WHICH THE MATERIAL IS USEDN OBJECTION TOA LEARNING MATERIAL OR ACTIVITY ON THE BASIS THAT IT IS HARMFULINCLUDES ANY OBJECTION BASED ON THE BELIEF THAT THE MATERIALS ORACTIVITIES QUESTION BELIEFS OR PRACTICES IN SEX MORALITY ORRELIGION(d) IF A SCHOOL DISTRICT OFFERS INSTRUCTION IN COMPREHENSIVEHUMAN SEXUALITY EDUCATION PURSUANT TO SECTION PROCEDURES ON HOW TO PROVIDE INFORMATION AT LEAST FIFTEEN DAYSPRIOR TO THE START OF INSTRUCTION TO PARENTS REGARDING HOW TOOPT OUT OF SUCH INSTRUCTION(e) PROCEDURES BY WHICH A PARENT WILL BE NOTIFIED AT LEASTFIFTEEN DAYS IN ADVANCE OF AND GIVEN THE OPPORTUNITY TOWITHDRAW HIS OR HER MINOR CHILD FROM ANY INSTRUCTION ORPRESENTATION REGARDING HUMAN SEXUALITY IN COURSES OTHER THANA FORMAL COMPREHENSIVE HUMAN SEXUALITY EDUCATION PURSUANT TOSECTION (f) PROCEDURES BY WHICH A PARENT CAN LEARN ABOUT THE-5- NATURE AND PURPOSE OF CLUBS AND ACTIVITIES THAT ARE PART OF THESCHOOL CURRICULUM AS WELL AS EXTRACURRICULAR CLUBS ANDACTIVITIES THAT HAVE BEEN APPROVED BY THE SCHOOL AND(g) PROCEDURES BY WHICH A PARENT CAN LEARN ABOUT THEPARENTAL RIGHTS AND RESPONSIBILITIES UNDER THE LAWS OF THIS STATEINCLUDING THE RIGHT TO(I) OPT OUT OF A COMPREHENSIVE HUMAN SEXUALITY EDUCATIONCURRICULUM IF ONE IS PROVIDED BY THE SCHOOL DISTRICT(II) OBTAIN INFORMATION CONCERNING OPEN ENROLLMENTRIGHTSPT OUT OF ASSIGNMENTS PURSUANT TO THIS SECTION(IV) BE EXEMPT FROM ANY IMMUNIZATION LAWS OF THIS STATE(V) RECEIVE INFORMATION CONCERNING THE MINIMUM COURSE OFSTUDY AND COMPETENCY REQUIREMENTS FOR GRADUATION FROM HIGHEVIEW TEST RESULTS(VII) HAVE HIS OR HER CHILD PARTICIPATE IN GIFTED ANDTALENTED PROGRAMS(VIII) INSPECT INSTRUCTIONAL MATERIALS USED IN CONNECTIONWITH ANY RESEARCH OR EXPERIMENTATION PROGRAM OR PROJECTECEIVE A SCHOOL REPORT CARD(X) RECEIVE INFORMATION RELATED TO ATTENREQUIREMENTS SET FORTH IN THE CHOOL TTENDANCE AW OF ARTICLE OF TITLE UBLIC REVIEW OF TEXTBOOKS AND COURSES OF STUDY(XII) HAVE HIS OR HER CHILD BE EXCUSED FROM SCHOOLATTENDANCE FOR RELIGIOUS PURPOSES-6- (XIII) RECEIVE POLICIES RELATED TO PARENTAL INVOLVEMENTPURSUANT TO THIS SECTION(XIV) PARTICIPATE IN PARENT TEACHER ASSOCIATIONS ANDORGANIZATIONS THAT ARE SANCTIONED BY THE BOARD OF EDUCATION OFA SCHOOL DISTRICT AND(XV) OPT OUT OF ANY DATA COLLECTION INSTRUMENT AT THEDISTRICT LEVEL THAT WOULD CAPTURE DATA FOR INCLUSION IN THE STATELONGITUDINAL STUDENT DATA SYSTEM EXCEPT WHAT IS NECESSARY ANDESSENTIAL FOR ESTABLISHING A STUDENTS PUBLIC SCHOOL RECORD(2) THE BOARD OF EDUCATION OF A SCHOOL DISTRICT MAY ADOPTA POLICY TO PROVIDE PARENTS WITH THE INFORMATION REQUIRED BY THISSECTION IN ELECTRONIC FORM(3) A REQUEST FOR INFORMATION PURSUANT TO THIS SECTIONSHALL BE SUBMITTED IN WRITING BY A PARENT DURING REGULARBUSINESS HOURS TO EITHER THE SCHOOL PRINCIPAL OR THESUPERINTENDENT OF THE SCHOOL DISTRICTITHIN FORTYEIGHT HOURSOF RECEIVING THE INFORMATION REQUEST THE SCHOOL PRINCIPAL ORDISTRICT SUPERINTENDENT SHALL DELIVER THE REQUESTED INFORMATIONTO THE PARENT14-16-105. Parental rights related to health care of a minorchild - exceptions - penalty. (1) EXCEPT AS OTHERWISE PROVIDED BYLAW NO PERSON CORPORATION ASSOCIATION ORGANIZATIONSUPPORTED INSTITUTION OR INDIVIDUAL EMPLOYED BY ANY OFTHESE ENTITIES MAY PROCURE SOLICIT TO PERFORM ARRANGE FOR THEPERFORMANCE OF PERFORM SURGICAL PROCEDURES OR PERFORM APHYSICAL EXAMINATION UPON A MINOR CHILD OR PRESCRIBE ANYPRESCRIPTION DRUGS TO A MINOR CHILD WITHOUT FIRST OBTAINING-7- WRITTEN CONSENT FROM THE MINOR CHILDS PARENT(2) A HOSPITAL OR MEDICAL CENTER SHALL NOT PERMIT ASURGICAL PROCEDURE TO BE PERFORMED UPON A MINOR CHILD IN ITSFACILITIES WITHOUT FIRST RECEIVING WRITTEN CONSENT FROM THE MINORCHILDS PARENT(3) THE PROVISIONS OF THIS SECTION DO NOT APPLY WHEN APHYSICIAN DETERMINES THAT A MEDICAL EMERGENCY EXISTS AND THATIT IS NECESSARY TO PERFORM A SURGICAL PROCEDURE FOR THETREATMENT OF AN INJURY OR OF DRUG ABUSE OR TO SAVE THE LIFE OFTHE MINOR CHILD OR WHEN THE MINOR CHILDS PARENT CANNOT BELOCATED OR CONTACTED AFTER REASONABLY DILIGENT EFFORTS(4) A PERSON WHO VIOLATES A PROVISION OF THIS SECTION ISGUILTY OF AN UNCLASSIFIED MISDEMEANOR PUNISHABLE BY A FINE OFNOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT OF NOTMORE THAN ONE YEAR OR BOTH14-16-106. Parental rights related to mental health care -exceptions - penalty.XCEPT AS OTHERWISE PROVIDED BY LAW ORA COURT ORDER A PERSON CORPORATION ASSOCIATION ORGANIZATIONOR STATESUPPORTED INSTITUTION OR ANY INDIVIDUAL EMPLOYED BYANY OF THESE ENTITIES MAY NOT PROCURE SOLICIT TO PERFORM ORPROVIDE ARRANGE FOR THE PERFORMANCE OR PROVISION OF ORPERFORM OR PROVIDE A MENTAL HEALTH EVALUATION OR MENTALHEALTH TREATMENT OF A MINOR CHILD IN A CLINICAL OR NONCLINICALSETTING WITHOUT FIRST OBTAINING WRITTEN CONSENT FROM THE MINORCHILDS PARENTF THE PARENTAL CONSENT IS GIVEN THROUGHTELEMEDICINE THE MENTAL HEALTH CARE PROFESSIONAL SHALL VERIFYTHE IDENTITY OF THE PARENT AT THE SITE WHERE THE CONSENT WAS-8- GIVEN(2) THIS SECTION DOES NOT APPLY WHEN AN EMERGENCY EXISTSTHAT REQUIRES A PROFESSIONAL PERSON TO PERFORM A MENTAL HEALTHSCREENING OR PROVIDE MENTAL HEALTH TREATMENT TO PREVENTSERIOUS INJURY OR TO SAVE THE MINOR CHILDS LIFE(3) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF ANUNCLASSIFIED MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THANONE THOUSAND DOLLARS OR IMPRISONMENT OF NOT MORE THAN ONEYEAR OR BOTHAct subject to petition - effective date. This acttakes effect at 12:01 a.m. on the day following the expiration of theninety-day period after final adjournment of the general assembly (August5, 2015, if adjournment sine die is on May 6, 2015); except that, if areferendum petition is filed pursuant to section 1 (3) of article V of thestate constitution against this act or an item, section, or part of this actwithin such period, then the act, item, section, or part will not take effectunless approved by the people at the general election to be held inNovember 2016 and, in such case, will take effect on the date of theofficial declaration of the vote thereon by the governor.-9-