1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1781 By: Williams |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to parental rights; amending 25 O.S. |
| 2021, Sections 2001, 2003, and 2005, which relate to |
8| the Parents' Bill of Rights; providing for private |
| right of action; authorizing the Attorney General to |
9| enforce the law; authorizing the Attorney General to |
| investigate and bring action for violation; providing |
10| that parents may review certain materials; providing |
| that parents may object to any material; providing |
11| that parents may opt in to certain instruction; |
| providing for a fine per violation; defining term; |
12| and providing an effective date. |
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15| |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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17| SECTION 1. AMENDATORY 25 O.S. 2021, Section 2001, is |
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18|amended to read as follows: |
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19| Section 2001. A. This act shall be known and may be cited as |
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20|the "Parents' Bill of Rights". |
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21| B. This state, any political subdivision of this state or any |
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22|other governmental entity shall not infringe on the fundamental |
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23|right of parents to direct the upbringing, education, health care |
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24|and mental health of their children without demonstrating that the |
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1|compelling governmental interest as applied to the child involved is |
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2|of the highest order, is narrowly tailored and is not otherwise |
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3|served by a less restrictive means. |
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4| C. As used in the Parents' Bill of Rights, "parent" means the |
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5|natural or adoptive parent or legal guardian of a minor child. |
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6| D. Any parent whose child is a student at a school that |
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7|violates the provisions of Section 2003 of this title and whose |
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8|child suffers any harm as a result of the violation shall be |
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9|entitled to bring a private right of action against the school for |
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10|damages. |
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11| E. The Attorney General shall have the authority to enforce |
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12|Sections 2003, 2004, and 2005 of this title and to conduct |
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13|investigations and bring actions for violations of Sections 2003, |
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14|2004, and 2005 of this title. |
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15| SECTION 2. AMENDATORY 25 O.S. 2021, Section 2003, is |
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16|amended to read as follows: |
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17| Section 2003. A. The board of education of a school district, |
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18|in consultation with parents, teachers and administrators, shall |
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19|develop and adopt a policy to promote the involvement of parents and |
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20|guardians of children enrolled in the schools within the school |
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21|district, including: |
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22| 1. A plan for parent participation in the schools which is |
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23|designed to improve parent and teacher cooperation in such areas as |
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24|homework, attendance and discipline; |
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1| 2. Procedures by which parents may learn about the course of |
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2|study for their children and review any learning materials, |
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3|including the source of any supplemental educational materials, |
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4|review budget expenditures, contracts, and agreements, and receive |
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5|information about all of the school's or school district's programs |
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6|and activities, including, but not limited to, locally adopted and |
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7|implemented curriculum, education or non-educational programs and |
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8|activities, classroom assignments, orientation programs, training |
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9|programs, counseling programs, or classroom activities and |
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10|interventions; |
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11| 3. Procedures by which parents who object to any academic or |
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12|non-academic learning material, or activity any academic or |
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13|non-academic school programs or activities, or any academic or |
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14|non-academic instruction on the basis that it is harmful may |
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15|withdraw their children from the activity or from the class or |
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16|program in which the material is used. Objection to a any learning |
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17|material, or activity, or instruction on the basis that it is |
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18|harmful includes objection to a material or activity because it |
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19|questions beliefs or practices in sex, morality, or religion, race, |
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20|or gender, including gender identity; |
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21| 4. If a school district offers any sex education curricula |
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22|pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or |
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23|pursuant to any rules adopted by the State Board of Education, |
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24|procedures to opt out of a school district from providing in to the |
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1|sex education instruction to a child if the child's parent provides |
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2|by providing in writing consent written objection to the child's |
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3|participation in the sex education curricula; |
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4| 5. Procedures by which parents will be notified in advance of |
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5|and given the opportunity to withdraw required to opt their children |
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6|from in to any instruction or presentations regarding morality, any |
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7|social and emotional learning program, religion, race, gender, |
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8|including gender identity or sexuality in courses other than formal |
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9|sex education curricula pursuant to Section 11-105.1 of Title 70 of |
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10|the Oklahoma Statutes; |
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11| 6. Procedures by which parents may learn about the nature and |
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12|purpose of clubs and activities that are part of the school |
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13|curriculum, as well as extracurricular clubs and activities that |
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14|have been approved by the school; and |
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15| 7. Procedures by which parents must provide prior written |
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16|consent to a student's participation in any classroom activities or |
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17|courses that promote or require a student to accept a particular |
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18|ideological, philosophical, or political belief or principle, |
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19|including activities related to or associated with a school's |
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20|diversity, equity, or inclusion plan; |
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21| 8. Procedures by which parents may learn about a school |
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22|district's equity, diversity, and inclusion plan, including, but not |
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23|limited to, steps the school district is taking to implement the |
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24|plan; and |
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1| 9. Procedures by which parents may learn about parental rights |
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2|and responsibilities under the laws of this state, including the |
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3|following: |
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4| a. the right to opt out of in to a sex education |
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5| curriculum if one is provided by the school district, |
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6| b. open enrollment rights, |
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7| c. the right to opt out of in to assignments pursuant to |
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8| this section, |
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9| d. the right to be exempt from the immunization laws of |
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10| the state pursuant to Section 1210.192 of Title 70 of |
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11| the Oklahoma Statutes, |
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12| e. the promotion requirements prescribed in Section |
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13| 1210.508E of Title 70 of the Oklahoma Statutes, |
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14| f. the minimum course of study and competency |
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15| requirements for graduation from high school |
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16| prescribed in Section 11-103.6 of Title 70 of the |
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17| Oklahoma Statutes, |
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18| g. the right to opt out of in to instruction on the |
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19| acquired immune deficiency syndrome pursuant to |
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20| Section 11-103.3 of Title 70 of the Oklahoma Statutes, |
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21| h. the right to review test results, |
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22| i. the right to participate in gifted programs pursuant |
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23| to Sections 1210.301 through 1210.308 of Title 70 of |
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24| the Oklahoma Statutes, |
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1| j. the right to inspect instructional materials used in |
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2| connection with any research or experimentation |
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3| program or project pursuant to Section 11-106 of Title |
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4| 70 of the Oklahoma Statutes, |
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5| k. the right to receive a school report card, |
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6| l. the attendance requirements prescribed in Section |
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7| 10-106 of Title 70 of the Oklahoma Statutes, |
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8| m. the right to public review of courses of study and |
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9| textbooks, |
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10| n. the right to be excused from school attendance for |
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11| religious purposes, |
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12| o. policies related to parental involvement pursuant to |
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13| this section, |
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14| p. the right to participate in parent-teacher |
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15| associations and organizations that are sanctioned by |
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16| the board of education of a school district, and |
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17| q. the right to opt out of in to any formal or informal |
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18| data collection instrument or survey, including, but |
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19| not limited to, any instrument collecting non-academic |
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20| information from a student at the district level that |
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21| would capture data for inclusion in the state |
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22| longitudinal student data system except what is |
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23| necessary and essential for establishing a student's |
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24| public school record, |
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1| r. the right to review any formal or informal data |
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2| collection instrument or survey at the district level, |
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3| s. the right to opt in to a student's participation in |
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4| activities associated with the implementation of a |
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5| diversity, equity or inclusion plan prior to the |
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6| student's participation in such activities, and |
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7| t. the right to opt in to participation in any social |
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8| and emotional learning program. |
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9| B. The board of education of a school district may adopt a |
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10|policy to provide to parents the information required by this |
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11|section in an electronic form. |
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12| C. A parent shall submit a written request for information |
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13|pursuant to this section during regular business hours to either the |
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14|school principal at the school site or the superintendent of the |
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15|school district at the office of the school district. Within ten |
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16|(10) days of receiving the request for information, the school |
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17|principal or the superintendent of the school district shall either |
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18|deliver the requested information to the parent or submit to the |
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19|parent a written explanation of the reasons for the denial of the |
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20|requested information. If the request for information is denied or |
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21|the parent does not receive the requested information within fifteen |
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22|(15) days after submitting the request for information, the parent |
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23|may submit a written request for the information to the board of |
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24|education of a school district, which shall formally consider the |
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1|request at the next scheduled public meeting of the board if the |
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2|request can be properly noticed on the agenda. If the request |
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3|cannot be properly noticed on the agenda, the board of education of |
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4|a school district shall formally consider the request at the next |
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5|subsequent public meeting of the board. |
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6| D. A school that violates this section is punishable by a fine |
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7|of One Thousand Dollars ($1,000.00) per violation. |
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8| SECTION 3. AMENDATORY 25 O.S. 2021, Section 2005, is |
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9|amended to read as follows: |
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10| Section 2005. A. Except as otherwise provided by law or a |
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11|court order, no person, corporation, association, organization or |
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12|state-supported institution, or any individual employed by any of |
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13|these entities, may procure, solicit to perform, arrange for the |
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14|performance of or perform an assessment for mental health therapy on |
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15|a minor without first obtaining the written consent of a parent or a |
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16|legal guardian of the minor child. Provided, however, that if |
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17|written consent is provided to a school district for assessment or |
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18|treatment, such consent shall be effective for the school year for |
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19|which it is granted and shall be renewed each subsequent school |
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20|year. If an assessment or treatment is performed through |
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21|telemedicine at a school site and if consent has been provided by |
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22|the parent and is currently effective, the health professional shall |
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23|not be required to verify that the parent is at the site. However, |
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24|a child shall not be seen without consent. |
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1| B. For purposes of this section, mental health therapy shall |
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2|include mental health services, behavioral health services, sexual |
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3|and reproductive health information, substance abuse treatment, |
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4|information on transitioning, gender-affirming care, suicide |
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5|prevention programs, cross-sex counseling, and any information |
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6|provided by a school relating to sexual identity, sexual |
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7|orientation, gender identity, gender expression, gender |
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8|transitioning, or transgender identity. |
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9| C. This section does not apply when an emergency exists that |
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10|requires a person to perform mental health screening or provide |
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11|mental health treatment to prevent serious injury to or save the |
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12|life of a minor child. |
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13| C. D. A person who violates this section is guilty of a |
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14|misdemeanor, punishable by a fine of not more than One Thousand |
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15|Dollars ($1,000.00) or imprisonment of not more than one (1) year in |
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16|the county jail, or by both such fine and imprisonment. |
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17| SECTION 4. This act shall become effective November 1, 2023. |
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19| 59-1-5392 CMA 01/13/23 |
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