SB 810 - This act creates provisions relating to elementary and secondary education.PARENTAL NOTIFICATION (Section 161.228)
This act requires school districts to provide notification to parents or guardians in the form of prior consent for each survey, evaluation, or analysis when certain topics may be asked of a student. Consent shall be specific to the activity and include certain specific information as outlined in the act. The topics subject to this provision include political affiliations of the student or the student's parent or guardian, mental and psychological problems of the student or the student's family; sex behavior or attitudes; illegal or demeaning behavior; religious practice; income; and other privileged information. School districts shall also be required to receive prior consent for the creation of a student psychological/social-emotional profile. Schools shall provide notice of these provisions to parents bi-annually at the beginning of each semester.
PARENTS' BILL OF RIGHTS (Section 161.851)
This act establishes "The Parents' Bill of Rights for Student Well-Being".
Under this act, no governmental entity, school district, or other public institution shall infringe on the fundamental rights, as provided in the act, of a natural parent, adoptive parent, or legal guardian of such parent's minor child without demonstrating that the infringement is reasonable, narrowly tailored to a compelling state interest, and that such interest could not be served by less restrictive means.
Each school district shall, in consultation with parents, teachers, and administrators, develop and adopt a policy to promote parental involvement in the school system, including a plan for parental participation, information related to the child's course of study, procedures allowing a parent to object to the use of certain classroom materials, procedures for a parent to withdraw a child from certain sexual education coursework, procedures for providing information related to extracurricular activities, and procedures for providing access to other educational information to which parents have a right as provided in the act.
The Department of Elementary and Secondary Education shall develop forms, which shall be utilized by school districts, to allow parents to opt out of certain objectionable classroom materials and to be notified in advance whenever a teacher intends to teach certain divisive or controversial topics.
School districts may provide any information required under this act through electronic publication to the extent doing so would not reveal personally identifiable or otherwise confidential information.
A parent may file a formal request for any information to which such parent has a right under this act in writing to the school district's superintendent. If the superintendent does not provide such information within 10 days, the parent may file an appeal with the school board, and the appeal shall be put on the agenda for the next public school board meeting, or the school board meeting subsequent to such meeting if the appeal was filed within 7 days of such meeting.
No employee of a governmental entity, school district, or other public institution shall encourage, coerce, or attempt to coerce a minor child to withhold information from such child's parent. This act provides an exemption for "mandatory reporters" of child abuse or neglect when encouraging a child to withhold information that may reasonably result in abuse or neglect if disclosed. An employee violating this provision may be subject to disciplinary action by his or her employer.
This act shall not be construed to authorize unlawful conduct or conduct that would end life, prohibit certain public officials from acting within such officials' authority, modify the doctrine of in loco parentis as applied to the operation of public schools, or limit the inalienable rights of parents, whether or not enumerated in the act.
A parent may file with the school board a formal objection to any school policy, practice, or procedure which violates the provisions of this act. Within 30 days of receipt of the objection, the school board shall issue a response denying the parent's objection or describing an implementation plan to immediately exempt the child from the policy, practice, or procedure. School boards may deny parental objections that allege a de minimis infringement of parental rights or if the requested accommodation is unreasonable. An infringement is considered de minimis if it does not materially infringe upon any rights provided in the act.
Parents may appeal a school board's denial by filing such appeal with the Department of Elementary and Secondary Education within 15 days of the issuance of the denial. Following the Department's decision, the parent may seek judicial review of the decision in state circuit court. If the court finds that the school district violated this act, the parent shall be awarded $1,000 for each knowing violation and $10,000 for each purposeful violation, and the school district shall pay all costs and attorney fees of the parent.
Any employee of a school district that discloses a violation of this provision shall be protected from any manner of retaliation as provided by current law.
This provision is similar to HCS/HBs 1995 & 1474 (2022) and similar in concept to SB 776 (2022).
ACCOUNTABILITY PORTAL (Section 161.852)
This act creates the Missouri Education Transparency and Accountability Portal. The portal shall be an internet-based tool creating transparency in Missouri's public education system and providing citizens access to every school district's curriculum, source materials, and professional development materials. The portal shall consist of an easy-to-search database including certain information as outlined in the act. The Commissioner of Education shall establish a form that school districts shall complete with the information required by the act.
This provision is identical to a provision in SB 645 (2022) and a provision in HCS/HB 2189 (2022) and is similar to HCS/HBs 1995 & 1474 (2022) and the perfected HCS/HB 1858 (2022).
This act contains an emergency clause. (Section B)
JAMIE ANDREWS