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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: ED DP 7-5-0-0 |Third Read 31-23-6-0-0Senate: ED DPA 4-3-0-0 | Third Read 17-12-1-0-0
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HB 2249: parents' bill of rights; remedies
Sponsor: Representative Fink, LD 27
Vetoed by the Governor
Overview
Includes in the Parents' Bill of Rights the right to consent and be informed if any school employee facilitates or implements any form of social transitioning for a minor child and the right to request, review and access a minor child's complete educational record. Establishes minimum liability requirements and remedies if a governmental entity or official violates statutory parental rights.
History
The liberty of parents to direct the upbringing, education, health care and mental health of their children is a fundamental right. The state, a state political subdivision or other governmental entity may not infringe on these rights without demonstrating that the compelling governmental interest is of the highest order, narrowly tailored and not otherwise served by a less restrictive means (A.R.S. § 1-601).
The Parents' Bill of Rights declares all parental rights are exclusively reserved to a minor child's parent without obstruction or interference from the state, any state political subdivision, governmental entity or other institution. Statute does not prescribe all rights of parents and, unless otherwise required by law, the rights of parents of minor children may not be limited or denied. The state, a state political subdivision or any other governmental entity, including any official of these entities acting under color of law, is prohibited from interfering with or usurping the fundamental right of parents to direct the upbringing, education, health care and mental health of their children. A parent may bring suit against a governmental entity or official for any violation, interference or usurpation of statutory parental rights. If a governmental entity or official fails to demonstrate the required burden of proof, the court must grant appropriate relief, including declaratory or injunctive relief, compensatory damages and attorney fees (A.R.S. § 1-602).
Provisions
Parents' Bill of Rights
1. Expands the Parents' Bill of Rights to include the right to:
a. consent in writing and be informed if any school employee facilitates or implements any form of social transitioning for a minor child, including:
i. addressing or referring to the child by a name or nickname other than the child's legal name or a natural derivative of that name; or
ii. referring to the child using pronouns, titles or personal identifiers that do not align with the child's sex; and
b. request, review and access a minor child's complete educational record.
2. Prohibits a school district or school employee from facilitating or implementing any form of social transitioning for a minor child without the written consent of each of the child's parents.
3. Prohibits a school employee from withholding information from a parent about the parent's minor child, including any educational record information regarding the child's physical, emotional, mental or academic well-being.
Interfering with or Usurping a Parent's Fundamental Right
4. Specifies that in any action brought regarding the interference with or usurpation of statutory parental rights, a showing of a violation of the rights guaranteed or recognized by the Parents' Bill of Rights establishes a rebuttable presumption of irreparable harm.
5. Declares the state, any state political subdivision or any official acting under color of law expressly waives all claims to sovereign, qualified or discretionary immunity for any violation of the Parents' Bill of Rights.
6. Determines, at a minimum and for each instance of interfering with or usurping a parent's fundamental right, that a:
a. governmental entity is liable to a minor child's parent for $500,000; and
b. government official is personally liable to the minor child's parent for $20,000.
7. Prohibits a governmental entity that employs the official from indemnifying an offending official and using public monies to pay for the official's liability.
8. Grants the right to sue individually to each of the minor child's parents, even if the other parent does not consent to the action.
Facilitating a Minor Child to Withhold Information from the Child's Parent
9. Adds that any attempt to facilitate, or any completed act that facilitates, encourages or coerces, a minor child to withhold information from their parent is grounds for discipline of an employee of the state, state political subdivision, governmental entity or any other institution, except for law enforcement personnel who have probable cause to believe that a crime was committed by the child's parent and who withholds that information during an investigation.
10. Prohibits the state, a state political subdivision, a governmental entity or an institution from maintaining a policy that allows an employee to facilitate, encourage or coerce a minor child to withhold information from the child's parent.
11. Authorizes a minor child's parent to bring suit against an employee who has or has attempted to facilitate, encourage or coerce a minor child to withhold information from their parent.
12. Makes, at a minimum and if the employee is found liable, an employee personally liable for $20,000 for each instance in which information as withheld from the minor child's parent.
13. Prohibits a governmental entity that employees the employee from indemnifying an offending employee and using public monies to pay for the employee's liability.
14. Authorizes a parent to bring suit against the state, a state political subdivision or any other governmental entity or institution that maintains a policy that allows the facilitation, encouragement or coercion by the employee of a minor child to withhold information from the child's parent.
15. Makes, at a minimum and for each instance in which information was withheld from a minor child's parent, a governmental entity or institution that maintained the policy liable to the parent for $500,000.
16. Grants the right to sue individually to each of the minor child's parents, even if the other parent does not consent to the action.
17. Sets the statute of limitations for an action at five years after the conduct ceased and the minor child's parent became aware of the conduct.
18. Details how a minor child's parent may demonstrate that a governmental entity or institution maintained a policy of facilitating, encouraging or coercing a minor child to withhold information from the child's parent.
19. Declares the state, a state political subdivision or a governmental entity or institution has an affirmative duty to investigate and discover, within six months after the general effective date, all previous instances in which it or its employee facilitated, encouraged or coerced, or attempted to facilitate, encourage or coerce, a minor child to withhold information from the child's parent before the general effective date.
20. Requires the state, a state political subdivision or a governmental entity or institution who facilitated, encouraged or coerced, or attempted to facilitate, encourage or coerce, a minor child to withhold information from the child's parent before the general effective date to disclose any known offending action to the parent.
21. Makes the state, a state political subdivision or a governmental entity or institution, or an employee of these entities, civilly liable to the parent of a minor child for any violation that was not disclosed as required if the violation was actually known or would have been discovered with reasonable diligence and investigation.
22. Makes, for each instance that was not disclosed to the minor child's parent, the:
a. state, state political subdivision or governmental entity or institution liable to the parent for at least $500,000; and
b. employee of the state, state political subdivision or a governmental entity or institution personally liable to the parent for at least $20,000.
23. Prohibits a governmental entity or institution from indemnifying an offending employee and using public monies to pay for the employee's liability or an insurance policy to cover the civil liability.
Miscellaneous
24. Defines distinct act or omission, educational record, instance, social transitioning and withhold.
25. Makes technical and conforming changes.
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Initials CH HB 2249
6/25/2026 Page 0 Vetoed by the Governor
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