SF 2909

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/25/2022 10:35am

A bill for an act
relating to education; protecting parent's rights in the education of their minor
child; proposing coding for new law in Minnesota Statutes, chapter 120B.

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

Section 1.

new text begin [120B.1999] PARENT'S RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative findings. new text end

new text begin (a) The legislature finds that it is a fundamental
right of a parent to direct the upbringing, education, and care of the parent's minor child.
The legislature further finds that important information relating to a minor child should not
be withheld, either inadvertently or purposefully, from the child's parent, including
information relating to the minor child's health, well-being, and education, while the minor
child is enrolled in a school district or charter school. The legislature further finds it necessary
for a school to establish a consistent mechanism for a parent to be notified of information
relating to the health and well-being of the parent's minor child.
new text end

new text begin (b) For the purposes of this section, "parent" means a person who has legal custody of
a minor child as a natural or adoptive parent or a legal guardian.
new text end

new text begin Subd. 2. new text end

new text begin Infringement of parental rights. new text end

new text begin The state, any of its political subdivisions,
any other governmental entity, or any other institution must not infringe on the fundamental
rights of a parent to direct the upbringing, health, well-being, mental health, and education
of the parent's minor child without demonstrating that the potential infringement of parental
rights is reasonable and necessary to achieve a compelling state interest, and that the potential
infringement of parental rights is narrowly tailored and is not otherwise served by a less
restrictive means.
new text end