HB 296 PARENTAL BILL OF RIGHTS ACT

Rep P. Mark Duncan

Actions: [5] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 296 (HB 296) enacts the Parental Bill of Rights Act relating to education. 

 House Bill 296 (HB 296) adds to Public School Code the Parental Bill of Rights Act (Act).

SECTION 1 allows this Act may be cited as the "Parental Bill of Rights Act". 

SECTION 2 specifies the duties of the department to make academic standards available to the public in English and in Spanish on its publicly accessible website, including revisions to the standard.

SECTION 3 specifies the duties of school districts. For each elementary and secondary school served in the district, every school district shall:
A. post curricula for each school grade levels on a publicly accessible website of the school district or shall widely disseminate to the public a description of curricula and information on how parents can review it. 

B. annually publicly report the district's budget for each school year, for the district as a whole and for each school within the district. In addition to the detailed budget information, the district shall include a separate fact sheet that summarizes this information in a clear and easily understandable format. 

C. post on a publicly accessible website of the school district or widely disseminate to the public the plan for carrying out the parent and family engagement set forth in 20 U.S.C. Section 6318 and all policies and procedures related to this plan. 

D. ensure that each elementary school notify the parents when the student does not score at grade-level in reading or language arts at the end of kindergarten through third grade based assessments administered pursuant to federal law or another assessment administered to all students. 

E. ensure each school provide parents, before a person speaks in person or virtually to students, notice that includes the name of the speaker and the name of the organization being represented by the speaker. 

F. ensure that each school provide the parents of each child: 
(1) at the beginning of each school year, a list of books and other reading materials available in the library of the school; and
(2) the opportunity to inspect the books and other reading materials. 

G. ensure that each school provide the parents notification of any violent activity occurring on school grounds or at school-sponsored activities in which one or more individuals suffer injuries; provided that the notification shall not contain names or the grade level of any students involved. 

H. ensure that each school provide parents timely notification of a plan to eliminate gifted and talented or college credit programs in the school. 

I. ensure that each school provide parents the information described in Subsection O of Section 4 of the Act. 

J. ensure that each school provide parents information described in Subsection F of Section 4 of the Act. 

K. ensure that each school notify the parents if a school employee or contractor takes, with respect to the student, an action set forth in Subsection L of Section 4 of the Act. 

L. ensure that each school notify the parents if a: 
(1) school employee or contractor takes, with respect to the student, an action described in Paragraph (1) of Subsection M of Section 4 of the Act; and
(2) student takes the action described in Paragraph (2) of Subsection M of Section 4 of the Act. 

M. ensure that each school provide parents the opportunity to review professional development materials to ensure the parental right described in Subsection J of Section 4 of the Act. 

N. ensure that each school provide parents the information described in Subsections P and Q of Section 4 of the Act.

 O. ensure that each school provide parents notifications described in Subsection R of Section 4 of the Act. 

P. provide parents: 
(1) the opportunity to meet in-person or virtually via video conference with each teacher of the student not less than twice during each school year and a notification at the beginning of each school year of the opportunity for such meetings; and 
(2) the opportunity to address the local school board of the school district on issues impacting the education of children in the district and on any violations of the rights specified in Paragraph (1) of this subsection. 

Q. engage meaningfully in developing a privacy policy or procedure with parents of students in schools served by the district. 

R. disclose to the parent, upon request from a parent, the identity of an individual or entity with whom information is shared from the education record of the student or any response of the student to a survey. 

S. make each of the materials specified in this subsection available for inspection and the availability for inspection shall not be conditioned on any requirement that parents sign a nondisclosure agreement. 

T. provide comment periods during which parents may inspect and provide feedback on any of the materials referred to in Subsection S of this section as specified in this subsection.

U. specify that comment periods described in Subsection T of this section shall be held not less frequently than once every 16 weeks during the school year, and each comment period shall be not less than three school days in duration. 

V. when required to provide or publicly report information or notify or disclose information to parents on a website, shall do so in English and in Spanish.

SECTION 4 adds a new section to provide publication of parental rights. 
A school district shall ensure that each elementary school and secondary school served by the district post on a publicly accessible website of the school or, if the school does not operate a website, widely disseminate to the public in English and in Spanish a summary notice of the rights of parents to information about their children's education as required pursuant to the  Act, which shall include all the rights presented in Section 3 and the right to:
- information about all schools in which the student can enroll, including options for enrolling in or transferring to: (1) other schools served by the school district; (2) charter schools; and (3) schools served by a different school district in the state; 

- know if a school employee or contractor acts to: (1) change a minor child's gender markers, pronouns or preferred name; or (2) allow a student to change the student's sex-based accommodations, including locker rooms or bathrooms; 

- know if: (1) a school employee or contractor acts to treat or address: (a) the cyberbullying of a student; (b) the bullying or hazing of a student; (c) a student's mental health, suicidal ideation or instances of self-harm; (d) a specific threat to the safety of a student; (e) the possession or use of drugs and other controlled substances; or (f) an eating disorder; or (2) a student brings a weapon to school; 

- be informed of the total number of school counselors in the child's school; 

- if the child's school operates, sponsors or facilitates athletic programs or activities that: (1) permit an individual whose biological sex is male to participate in an athletic program or activity that is designated for individuals whose biological sex is female; or (2) permit an individual whose biological sex is female to participate in an athletic program or activity that is designated for individuals whose biological sex is male; 

- know if: (1) the child's school allows an individual whose biological sex is male to use restrooms or changing rooms designated for individuals whose biological sex is female; or (2) the child's school allows an individual whose biological sex is female to use restrooms or changing rooms designated for individuals whose biological sex is male; and

- the right to timely notice of any major cyberattack against the child's school that may have compromised student or parent information. 

SECTION 5 adds a new section of the Public School Code to specify actions prohibited to school districts. A school district shall not:
A. act as the agent of a parent of a student for purposes of providing verifiable parental consent for the use of technology in the classroom for purposes of educating the student without providing notice and an opportunity for the parent to object to the use of such technology. 

B. act as the agent of a parent for purposes of providing verifiable parental consent for a vaccination. 

C. shall not sell student information for commercial or financial gain except for products sold to students by or on behalf of the district such as yearbooks, prom tickets and school pictures. 

D. administer medical examinations or screenings of students without prior notice to and consent of parents of students; provided that in the event of an emergency that requires a medical examination or screening without time for parental notification and consent, the district shall promptly notify parents of the examination or screening. 

E. collect, disclose or use personal information collected from students for the purpose of marketing or for selling that information, other than for a legitimate educational purpose to improve the education of students, and arrangements shall be provided by the district to protect student privacy in the event of such collection, disclosure or use for a legitimate educational purpose.

SECTION 6 makes the effective date July 1, 2024.