Introduced

PARENTS' BILL OF RIGHTS ACT OF 2024

(Section 161.841)

This act creates the "Parents' Bill of Rights Act of 2024", which shall be construed to empower parents to enforce rights, as delineated in the act, to access records maintained by schools in which their children are enrolled in a timely manner or as specified in the act. The act defines a "school" as a public school, school district, charter school, or virtual school authorized under the provisions of the Missouri Course Access and Virtual School Program.

No school shall require nondisclosure agreements for a parent's review of curricula, and each school shall allow parents, within two business days upon request, to review or make a copy of curriculum documents or to receive such documents in an electronic format, provided that no request would cause an infringement of copyright protections under the federal Copyright Act of 1976. Where the curricular materials being made available to parents for review are subject to copyright, trademark, or other intellectual property protection, the review process shall include technical and procedural safeguards to ensure that the materials are not able to be widely disseminated to the general public in violation of the intellectual property rights of the publisher or any contractual agreements between the publisher and the school, and that content validity is not undermined. If more than twenty pages are being copied using the school's equipment, the school may, at the school's discretion, charge the parent a fee described in the act.

No school shall collect any biometric data of a minor child without obtaining parental consent, except for biometric data necessary to create and issue appropriate school identification cards. A school that collects such data shall ensure that all copies of such data are destroyed within one year of a student's withdrawal of participation in all school activities.

Finally, each school shall notify parents of certain safety incidents and criminal charges filed against teachers, employees, and any guests or visitors to a school, as outlined in the act.

This provision is identical to a provision in HCS/SS#2/SCS/SBs 4, 42 & 89 (2023) and similar to provisions in HCS/HB 482 (2023), in HCS/SS#2/SB 761 (2022), in SS/SCS/SB 741 (2022), in HB 2195 (2022), in HB 1858 (2022), and in HB 1474 (2022).

DISCUSSION OF CERTAIN TOPICS BY SCHOOL PERSONNEL

(Sections 170.385 and 170.386)

This act prohibits public school officials from encouraging a student under the age of eighteen years old to adopt a gender identity or sexual orientation. The act additionally prohibits public school officials from withholding information regarding a student's gender identity from the student's parent.

The act defines a student's "documented identity" as such student's gender identity or sex as registered by the student's parent during enrollment. If a student's parent does not register such student's gender identity or sex during enrollment, the student's documented identity shall be their biological sex as correctly stated on their birth certificate or other government record, as specified in the act.

A school official shall inform a student's parent within twenty-four hours if the student expresses confusion about their documented identity or requests to use personal pronouns that differ from their documented identity. A school official shall obtain written parental consent before allowing a student to use a name other than the name provided by the parent when registering the student for school and before encouraging a student to wear certain items of clothing. Finally, a school official shall not encourage a student to pursue gender reassignment therapy or surgical procedures.

Any teacher, including any school counselor, who violates the provisions of the act shall face charges of incompetence, immorality, and neglect of duty under the laws governing the discipline of holders of certificate of license to teach. The State Board of Education shall promptly investigate any claim from a parent of a public school student that a teacher of such student has violated the act. If the claim is found to be valid, the State Board shall discipline such teacher as set forth in the act. The Board of Nursing shall promptly investigate any claim from a parent of a public school student that school nurse has knowingly violated the act. If the Board finds that such claim is valid, the Board shall file a complaint against such school nurse's license with the Administrative Hearing Commission on grounds of unethical or unprofessional conduct involving a minor. Any other school staff member who knowingly violates the provisions of the act shall have his or her employment terminated for gross misconduct, and shall additionally be ineligible to work in any public school for a period of four years.

A parent may bring a civil action against a school district, public elementary or secondary school, or public charter school that violates the provisions of the act, and the attorney general may bring a civil action against any school district, public elementary or secondary school, or public charter school that violates the provisions of the act.

These provisions are similar to SCS/SB 134 (2023).

OLIVIA SHANNON