HF 4827

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/28/2022 05:05pm

A bill for an act
relating to education; providing for student welfare and parental awareness in
education; proposing coding for new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin CITATION.
new text end

new text begin This act may be cited as the "Parental Rights Awareness Act."
new text end

Sec. 2.

new text begin [121A.216] STUDENT WELFARE.
new text end

new text begin Subdivision 1. new text end

new text begin Procedures. new text end

new text begin A school district must adopt procedures for notifying a
student's parent of a significant change in the student's health care services or monitoring
related to the student's mental, emotional, or physical health or well-being and the school's
ability to provide a safe and supportive learning environment for the student. The procedures
must reinforce the fundamental right of a parent to make decisions regarding the upbringing
and control of their child by requiring school district personnel to encourage a student to
discuss issues relating to the student's well-being with a parent. The procedures may not
prohibit a parent from accessing any of their child's educational and health records created,
maintained, or used by the school district.
new text end

new text begin Subd. 2. new text end

new text begin Notification. new text end

new text begin A school district may not adopt procedures or student support
forms that prohibit school district personnel from notifying a parent about their child's
mental, emotional, or physical health or well-being, or a change in related services or
monitoring, or procedures that encourage or have the effect of encouraging a student to
withhold information from a parent. School district personnel may not discourage or prohibit
parental notification of and involvement in critical decision-making affecting their child's
mental, emotional, or physical health or well-being. This subdivision does not prohibit a
school district from adopting procedures that permit school personnel to withhold information
from a parent if a reasonably prudent person would believe that disclosure would result in
abuse, abandonment, or neglect of a child.
new text end

new text begin Subd. 3. new text end

new text begin Health education. new text end

new text begin Classroom instruction by school personnel or third parties
on sexual orientation or gender identity may not occur in kindergarten through grade 3 or
in a manner that is not age-appropriate or developmentally appropriate for students in
accordance with locally adopted standards and state law.
new text end

new text begin Subd. 4. new text end

new text begin Student support services. new text end

new text begin Student support services training developed or
provided by a school district to school district personnel must adhere to student services
guidelines, standards, and frameworks established by the Department of Education.
new text end

new text begin Subd. 5. new text end

new text begin School health care services. new text end

new text begin At the beginning of each school year, each school
must notify parents of health care services offered at the school, including school health
services under section 121A.21, and the option to withhold consent to services or decline
any specific service. Parental consent to a school health care service does not waive the
parent's right to access their child's educational or health records or to be notified about a
change in their child's health care services or monitoring as provided by this subdivision.
new text end

new text begin Subd. 6. new text end

new text begin Health screenings. new text end

new text begin Before administering a health screening under sections
121A.16 to 121A.19, a student well-being questionnaire, or a health screening form to a
student in kindergarten through grade 3, the school district must provide the questionnaire
or health screening form to the student's parent and obtain permission of the parent to
administer the screening.
new text end

new text begin Subd. 7. new text end

new text begin Procedures for resolving concerns. new text end

new text begin (a) Each school district must adopt
procedures for a parent to notify the school principal or the principal's designee regarding
concerns under this section at their child's school and the process for resolving those concerns
within seven calendar days after notification by a parent.
new text end

new text begin (b) At a minimum, the procedures must require that within 30 days after notification by
a parent that the concern remains unresolved, the school district must either resolve the
concern or provide a statement of the reasons for not resolving the concern.
new text end

new text begin (c) If a concern is not resolved by the school district within 30 days, a parent may:
new text end

new text begin (1) request the commissioner of education to resolve the dispute;
new text end

new text begin (2) if not resolved by the commissioner within 30 days after request by a parent, bring
an action before an administrative law judge from the Office of Administrative Hearings;
or
new text end

new text begin (3) appeal the decision of the administrative law judge to the district court within 30
days of receiving a decision from the Office of Administrative Hearings.
new text end

new text begin (d) Each school district must adopt policies to notify parents of the procedures under
this subdivision.
new text end

Sec. 3. new text begin REVIEW REQUIRED.
new text end

new text begin By June 30, 2023, the Department of Education in conjunction with the Professional
Educator Licensing and Standards Board must review and update, as necessary, school
counseling frameworks and standards; educator practices and professional conduct principles;
and any other student services personnel guidelines, standards, or frameworks in accordance
with the requirements of this act.
new text end