SF 3064

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 09:18am

A bill for an act
relating to families; creating a parent's bill of rights; proposing coding for new law
in Minnesota Statutes, chapter 260C.

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

Section 1.

new text begin [260C.009] PARENT'S BILL OF RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This act is known as the "Parent's Bill of Rights."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin As used in this act, unless the context otherwise requires:
new text end

new text begin (1) "minor child" means a person 17 years of age or younger; and
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new text begin (2) "parent" means the natural or adoptive parent or legal guardian of a minor child.
new text end

new text begin Subd. 3. new text end

new text begin Parental rights reserved. new text end

new text begin (a) This state, any political subdivision of this state,
or any other governmental entity or institution granted authority to act on behalf of the state
shall not infringe on the fundamental right of a parent to direct the upbringing, education,
and physical and mental health care of the parent's minor child. All parental rights are
reserved to a parent of a minor child without obstruction or interference from this state, any
political subdivision of this state, or any other governmental entity or institution including
but not limited to the right to:
new text end

new text begin (1) direct the education of the minor child, whether it be public, charter, private, or home
education;
new text end

new text begin (2) access, review, and oversee the privacy of all school records relating to the minor
child;
new text end

new text begin (3) direct the upbringing of the minor child;
new text end

new text begin (4) direct the moral or religious training of the minor child;
new text end

new text begin (5) have informed consent in making health care decisions for the minor child including
the choice of health care team and the right to accept or decline biological, pharmaceutical,
and supplemental interventions in coordination with the selected health care team;
new text end

new text begin (6) access and review all medical records and physical samples of the minor child;
new text end

new text begin (7) consent in writing before any physical or mental health examinations take place,
unless a medical emergency exists requiring immediate examination to save the life of the
minor child;
new text end

new text begin (8) consent in writing before any pharmaceutical, surgical, or therapeutic interventions
take place, unless a medical emergency exists requiring treatment to save the life of the
minor child;
new text end

new text begin (9) consent in writing before any biometric scan of the minor child occurs or is shared
or stored;
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new text begin (10) consent in writing before any record of the minor child's blood or DNA is made,
shared, or stored, unless obtaining such blood or DNA is otherwise required by law or
authorized pursuant to a court order;
new text end

new text begin (11) consent in writing before the state or any of its political subdivisions makes a video
or voice recording of the minor child, unless the video or voice recording is to be used solely
for any of the following purposes:
new text end

new text begin (i) the maintenance of order and discipline in the common areas of a school or on school
vehicles;
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new text begin (ii) a purpose related to a legitimate academic or extracurricular activity;
new text end

new text begin (iii) a purpose related to regular classroom instruction;
new text end

new text begin (iv) security or surveillance of buildings or grounds; or
new text end

new text begin (v) a photo identification card; and
new text end

new text begin (12) be notified promptly if an employee of this state, any political subdivision of this
state, any other governmental entity or institution, or any other institution suspects that a
criminal offense has been committed against the minor child by someone other than a parent.
new text end

new text begin This paragraph does not create any new obligation for a school district or charter school to
report misconduct, such as fighting or aggressive play, between students at school that is
routinely addressed by the school as a student disciplinary matter.
new text end

new text begin (b) Any attempt to encourage or coerce a minor child to withhold information from the
minor child's parent shall be grounds for discipline of an employee of this state, any political
subdivision of this state, or any other governmental entity or institution.
new text end

new text begin (c) Any attempt to coerce or discriminate against the parent of a minor child for exercising
these rights shall be grounds for discipline of an employee of this state, any political
subdivision of this state, or any other governmental entity or institution.
new text end

new text begin (d) This section does not authorize or allow a parent to abuse or neglect a minor child
in violation of state law. This section shall not be construed to apply to a parental action or
decision that would end life. This section does not prohibit courts, law enforcement, or a
government agency from acting in an official capacity within the reasonable and prudent
scope of their authority and these rights.
new text end

new text begin (e) Unless a right has been legally waived or legally terminated, a parent has inalienable
rights that are more comprehensive than those listed in this act. The parent's bill of rights
does not prescribe all rights of a parent. Unless otherwise required by law, the rights of a
parent of a minor child must not be limited or denied.
new text end