Strike everything after the
enacting clause and insert:
"Section 1. Title
1, Arizona Revised Statutes, is amended by adding chapter 6, to read:
CHAPTER 6
PARENTS' RIGHTS
ARTICLE
1. PARENTS' BILL OF RIGHTS
START_STATUTE1-601. Parents' bill of rights; grievance
procedures; exceptions; definitions
A. Parents and legal guardians have inalienable
rights that are more comprehensive than listed in this section. This section
does not prescribe all rights of parents and legal guardians, and this section
does not limit a parent’s or a legal guardian’s rights in any manner.
B. The following rights are reserved to a parent
or legal guardian of a minor child without obstruction or interference from
this state, any political subdivision of this state, any other governmental
entity or other institution or any employee of this state, any political
subdivision of this state or any other governmental entity or other
institution:
1. The education of the minor child, including
the right to access and review the following:
(a) Attendance
records.
(b) Test
scores.
(c) Grades.
(d) Disciplinary
records.
(e) Counseling
records.
(f) Psychological
records.
(g) Applications
for admission.
(h) Health
and immunization information.
(i) Evaluations
of the child.
(j) The
content of the child's course of study.
(k) Reports
of behavior patterns.
2. The upbringing of the minor child.
3. Discipline of the minor child.
4. The moral or religious training of the minor
child.
5. Health care decisions for the minor child,
including decisions relating to mental health and immunizations. A parent or
legal guardian of a minor child has the right to be fully informed of all
medical information concerning the minor child and shall have full access to
all medical records of the minor child. A parent or legal guardian of a minor
child has the right to make medical decisions for a minor child, including
whether or not to conduct a medical procedure, a mental health procedure or an
immunization before the medical procedure, mental health procedure or
immunization is conducted.
C. A parent or legal guardian of a minor child
has the right to consent in writing before:
1. Any biometric scan of a minor child is made.
2. Any mental health screening of the minor
child.
3. Any immunization or other medical procedure of
a minor child.
D. A parent or legal guardian of a minor child
has the right to:
1. Petition to allow the minor child to attend
another school, program or class.
2. Reasonable access to request the reassignment
of the minor child to another class or teacher unless the reassignment would
adversely affect the assignment or reassignment of another child.
3. Request, with the expectation that the request
will not be unreasonably denied, that the minor child be permitted to graduate
early from high school if the child meets the graduation requirements
prescribed in section 15‑701.01. A child who is permitted to graduate
early as prescribed in this paragraph shall be permitted to participate in
graduation ceremonies at the time the child graduates from high school.
E. A governmental entity shall obtain the written
consent of a minor child's parent or legal guardian before a video or voice
recording of the minor child is made. Prior written consent of the
child's parent or legal guardian is not required to make a video or voice
recording of a child if the video or voice recording is to be used solely for
any of the following:
1. Safety demonstrations, including the
maintenance of order and discipline in the common areas of a school or on pupil
transportation vehicles.
2. A purpose related to a legitimate academic or
extracurricular activity.
3. A purpose related to regular classroom
instruction.
4. Security or surveillance of buildings or
grounds.
5. A photo identification card. The exclusion
prescribed in this paragraph does not include biometric information.
F. A governmental entity or employee shall not
use or threaten to use the refusal of a parent or legal guardian to administer
or consent to the administration of any medication to a minor child as the sole
basis for making a report for neglect of the child unless the governmental
entity or employee has a duty to report pursuant to section 13-3620. This
subsection shall not be construed to permit a parent or legal guardian to abuse
or neglect a child in violation of the laws of this state.
G. A minor child's blood or deoxyribonucleic acid
or specific information about a minor child's blood or deoxyribonucleic acid
shall not be stored, used or shared without the prior written consent of the
parent or legal guardian of the minor child.
h. Unless otherwise provided by federal law or by
other state law, the rights of parents or legal guardians of minor children
shall not be limited or denied.
I. This section shall not be construed to:
1. Authorize or allow minor children, their
parents or legal guardians to engage in conduct that is unlawful.
2. Violate the constitutional rights of any
person.
J. Unless the notification would impede a law
enforcement or child protective services investigation, A governmental entity
shall promptly notify the parent or legal guardian of a minor child if an
employee of the governmental entity suspects that the minor child has been
abused or neglected in violation of the laws of this state or if the employee
suspects that a criminal offense has been committed against the child.
K. Each governmental entity shall develop
grievance procedures to address complaints received concerning violations of
parents' rights listed in this section.
L. Nothing in this section applies to law enforcement
officers who are acting in their official capacity within the scope of their
authority and in the line of duty.
M. For the purposes of this section:
1. "Biometric scan":
(a) Means
the electronic measurement and evaluation of any physical characteristics that
are attributable to a single person, including fingerprint characteristics, eye
characteristics, hand characteristics, vocal characteristics, facial
characteristics, DNA characteristics and any other physical characteristics
used for the purpose of electronically identifying that person with a high
degree of certainty.
(b) Includes
video recordings of pupils.
2. "Governmental entity" means any
city, town, county, school district, community college district or other
political subdivision of this state, any public university, any court and any
agency or department of this state. END_STATUTE
Sec. 2. Short title
This act may be cited as the
"Parents' Bill of Rights Act".
Sec. 3. Emergency
This act is an emergency measure that is necessary to preserve
the public peace, health or safety and is operative immediately as provided by
law."
Amend title to conform
