Changes to Existing Law

26.713.9 26.713.10 101st Legislative Session 190 2026 South Dakota Legislature Senate Bill 190 SENATE JUDICIARY ENGROSSED Introduced by: Senator Grove Underscores indicate new language. Overstrikes indicate deleted language. An Act to provide for the rights of a parent. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 26: 3 A state agency or any political subdivision of this state may not substantially 4 burden the right of a parent to direct the upbringing, education, health care, and mental 5 health of the parent's minor child, without demonstrating that the burden imposed on the 6 parent is required by a compelling governmental interest and is the least restrictive means 7 for furthering that compelling governmental interest. 8 Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 26: 9 A parent has the right to: 10 (1) Direct the upbringing of the parent's minor child; 11 (2) Direct the moral and religious training of the parent's minor child; 12 (3) Except as otherwise provided in section 5 of this Act, make and consent to all 13 physical and mental health care decisions for the parent's minor child; 14 (4) Access and review all medical records of the parent's minor child; 15 (5) Direct the education of the parent's minor child; 16 (6) Access and review all written and electronic educational records relating to the 17 parent's minor child, which are in the possession of a school; 18 (7) Have the parent's minor child excused from school attendance for religious 19 purposes; 20 (8) Participate in parent-teacher organizations and other school organizations 21 sanctioned by the board of a school district; 22 (9) Be notified promptly if an employee of the state reasonably believes that abuse, 23 neglect, or other criminal offense has been committed against the parent's minor 24 26.713.9 26.713.10 2 190 Underscores indicate new language. Overstrikes indicate deleted language. child by someone other than the parent, unless doing so would interfere with a 1 criminal or other investigation; 2 (10) Consent before a biometric scan of the parent's minor child is performed, shared, 3 or stored; 4 (11) Consent before any record of the blood or deoxyribonucleic acid of the parent's 5 minor child is created, stored, or shared, unless authorized pursuant to a court 6 order; and 7 (12) Consent before any state agency or political subdivision of this state makes a video 8 or audio recording of the minor child, unless the video or audio recording is made 9 as part of: 10 (a) A court proceeding; 11 (b) A law enforcement investigation; 12 (c) An interview conducted as part of a criminal or other investigation; 13 (d) A surveillance or other security system; 14 (e) A photographic identification card; or 15 (f) A public event where the minor child has no reasonable expectation of 16 privacy. 17 Nothing in this section may be construed to permit a parent to abuse or neglect 18 the parent's minor child, as defined in § 26-8A-2, or to end the life of the parent's minor 19 child. 20 Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 26: 21 No employee of this state or a political subdivision of the state, except for a law 22 enforcement officer in the conduct of a criminal investigation, may encourage or coerce a 23 minor child to withhold information from the minor child's parent. Except as otherwise 24 provided by law, no employee of this state may withhold from a minor child's parent 25 information that is relevant to the physical, emotional, or mental health of the parent's 26 minor child. 27 Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 26: 28 A person, private entity, state agency, political subdivision of this state, or 29 employee of a state agency or political subdivision must obtain the consent of a minor 30 child's parent before: 31 (1) Procuring, soliciting, arranging, providing a referral for, or performing: 32 (a) A surgical procedure upon the minor child; 33 26.713.9 26.713.10 3 190 Underscores indicate new language. Overstrikes indicate deleted language. (b) A medical examination of the minor child; 1 (c) A mental health evaluation, in a clinical or nonclinical setting, of the minor 2 child; or 3 (d) Any mental health treatment for the minor child; or 4 (2) Prescribing or dispensing any prescription medication to the minor child. 5 A parent may provide a person, entity, state agency, political subdivision of this 6 state, or employee of a state agency or political subdivision blanket consent to perform 7 an action requiring consent, pursuant to this section. 8 Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 26: 9 Notwithstanding the requirements of section 4 of this Act, any person, private 10 entity, state agency, political subdivision of this state, or employee of a state agency or 11 political subdivision may perform any of the actions, listed in section 4 of this Act, to a 12 minor child without the consent of the minor child's parent if: 13 (1) It is not possible to communicate with the minor child's parent in order to receive 14 the parent's consent; and 15 (2) It is necessary to act to prevent: 16 (a) Imminent, irreparable physical injury to the minor child; or 17 (b) The minor child's death. 18 Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 26: 19 The board of a school district, shall, in consultation with parents, teachers, and 20 administrators, adopt a policy to promote the involvement of parents of minor children 21 enrolled in the school district. The policy must include: 22 (1) A plan for parent participation in the school to improve parent and teacher 23 cooperation in areas of homework, attendance, and discipline; and 24 (2) The process by which a parent: 25 (a) Reviews the curriculum offered to the parent's minor child or is otherwise 26 informed about the course of study provided to the parent's minor child; 27 (b) May learn about the nature and purpose of clubs or other extracurricular 28 activities that have been approved by the school; 29 (c) Withdraws the parent's minor child from a school club or extracurricular 30 activity; 31 (d) Is notified of of, and consents to having the parent's minor child receive, any 32 instruction in or presentation on the topics of gender roles, 32 gender identity, gender expression, or human sexuality, human sexual orientation; behavior, 33 26.713.9 26.713.10 4 190 Underscores indicate new language. Overstrikes indicate deleted language. gender identity disconnected from or inconsistent with the biological reality 1 of an individual's sex, or the idea that an individual is able to identify with 2 a gender that corresponds to an individual's internal and subjective sense 3 of self, disconnected from the biological reality of the minor's sex; 4 (e) Provides consent to having the parent's minor child receive instruction in or 1 attends a presentation on the topics of gender roles, gender identity, gender 2 expression, or sexual orientation; 3 (f) May object to any specific instruction or presentation provided to the 4 5 parent's minor child; 5 (g) 6 (f) May withdraw the parent's minor child from any specific instruction or 6 7 presentation if the parent considers the instruction or presentation harmful 7 8 to the parent's minor child; and 8 (h) 9 (g) Provides consent before the parent's minor child may use a name or 9 10 nickname other than the minor child's legal name or a derivative or 10 11 diminutive of the minor child's legal name. 11 12 Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 26: 12 13 A school district shall allow the parent of a minor child enrolled in the school district 13 14 to access all written and electronic records concerning the parent's minor child that are in 14 15 the possession of the school district, a district employee, or other person hired, contracted, 15 16 or authorized by the school district to provide services to the parent's minor child. 16 17 Section 8. That a NEW SECTION be added to a NEW CHAPTER in title 26: 17 18 An employee of a school district may not withhold or conceal information from or 18 19 facilitate, encourage, or coerce a minor child to withhold or conceal information from, the 19 20 minor child's parent about the minor child's: 20 21 (1) Curricular or extracurricular projects, assignments, or activities; 21 22 (2) Physical, emotional, or mental health; or 22 23 (3) Purported identification with a gender identity or requested transition, provided that the purported 23 gender identity is incongruous with corresponds to the minor child's internal 24 and subjective sense of self, disconnected from the biological reality of the minor 25 child's sex. 24 26 Section 9. That a NEW SECTION be added to a NEW CHAPTER in title 26: 25 27 A parent may submit a written complaint to the board of a school district, detailing 26 28 any violation of sections 6 to 8, inclusive, of this Act. The parent is entitled to a meeting 27 29 with the superintendent of the school district to discuss the complaint. The superintendent 28 30 shall investigate the complaint and respond to the parent in writing within fourteen days 29 31 26.713.10 5 190 Underscores indicate new language. Overstrikes indicate deleted language. of receiving the complaint. The response provided by the superintendent must describe 30 1 the actions that the district is to take in order to remedy the parent's complaint. 31 26.713.9 5 190 Underscores indicate new language. Overstrikes indicate deleted language. 2 A parent may appeal the actions of the superintendent to the board of the school 1 3 district by submitting a written complaint detailing the violation of sections 6 to 8, inclusive 2 4 of this Act and a description of how the actions taken by the superintendent failed to 3 5 resolve the complaint. The board shall investigate the complaint and shall meet with the 4 6 parent to discuss the complaint. The board shall adopt a plan of action to remedy the 5 7 complaint at the first meeting of the board following receipt of the complaint. 6 8 If the board's plan of action does not remedy the parent's complaint, the parent 7 9 may file suit and assert a violation of sections 6 to 8, inclusive, of this Act as a claim 8 10 against the school district. A parent who successfully asserts a claim or defense under this 9 11 section may recover declaratory relief, injunctive relief, liquidated damages of five 10 12 thousand dollars per violation, reasonable attorneys' fees and costs, and any other 11 13 appropriate relief. 12 14 Section 10. That a NEW SECTION be added to a NEW CHAPTER in title 26: 13 15 For the purposes of sections 6 to 9, inclusive, of this Act, "school district" does not 16 include any public institution of higher education, provided that the parent of a minor child 17 retains the parent's rights under this Act and any other applicable federal law, as applied 18 to a school district, if the parent's child is enrolled in a dual enrollment course offered by 19 the school district and a public institution of higher education. 20 Section 11. That a NEW SECTION be added to a NEW CHAPTER in title 26: 21 A parent may bring suit for a violation of this chapter and may raise this chapter 14 22 as a defense in any judicial or administrative proceeding, without regard to whether the 15 23 proceeding is brought by or in the name of the state, a private person, or other party. 16 24 A parent who successfully asserts a claim or defense under this chapter may 17 25 recover declaratory relief, injunctive relief, compensatory damages, reasonable attorneys' 18 26 fees and costs, and any other appropriate relief. 19 27 A state agency or political subdivision of this state shall indemnify the employees 20 28 of the state or political subdivision for any liability incurred by the employee and for any 21 29 judgement entered against the employee for claims arising under this chapter. A state 22 30 agency or political subdivision of this state is not required to indemnify an employee if the 23 31 employee was convicted of a criminal violation for the conduct from which the claim arises. 24 32

26.713.10 26.713.11 101st Legislative Session 190 2026 South Dakota Legislature Senate Bill 190 SENATE JUDICIARY ENGROSSED Introduced by: Senator Grove Underscores indicate new language. Overstrikes indicate deleted language. An Act to provide for the rights of a parent. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 26: 3 A state agency or any political subdivision of this state may not substantially 4 burden the right of a parent to direct the upbringing, education, health care, and mental 5 health of the parent's minor child, without demonstrating that the burden imposed on the 6 parent is required by a compelling governmental interest and is the least restrictive means 7 for furthering that compelling governmental interest. 8 Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 26: 9 A parent has the right to: 10 (1) Direct the upbringing of the parent's minor child; 11 (2) Direct the moral and religious training of the parent's minor child; 12 (3) Except as otherwise provided in section 5 of this Act, make and consent to all 13 physical and mental health care decisions for the parent's minor child; 14 (4) Access and review all medical records of the parent's minor child; 15 (5) Direct the education of the parent's minor child; 16 (6) Access and review all written and electronic educational records relating to the 17 parent's minor child, which are in the possession of a school; 18 (7) Have the parent's minor child excused from school attendance for religious 19 purposes; 20 (8) Participate in parent-teacher organizations and other school organizations 21 sanctioned by the board of a school district; 22 (9) Be notified promptly if an employee of the state reasonably believes that abuse, 23 neglect, or other criminal offense has been committed against the parent's minor 24 26.713.10 26.713.11 2 190 Underscores indicate new language. Overstrikes indicate deleted language. child by someone other than the parent, unless doing so would interfere with a 1 criminal or other investigation; 2 (10) Consent before a biometric scan of the parent's minor child is performed, shared, 3 or stored; 4 (11) Consent before any record of the blood or deoxyribonucleic acid of the parent's 5 minor child is created, stored, or shared, unless authorized pursuant to a court 6 order; and 7 (12) Consent before any state agency or political subdivision of this state makes a video 8 or audio recording of the minor child, unless the video or audio recording is made 9 as part of: 10 (a) A court proceeding; 11 (b) A law enforcement investigation; 12 (c) An interview conducted as part of a criminal or other investigation; 13 (d) A surveillance or other security system; 14 (e) A photographic identification card; or 15 (f) A public event where the minor child has no reasonable expectation of 16 privacy. 17 Nothing in this section may be construed to permit a parent to abuse or neglect 18 the parent's minor child, as defined in § 26-8A-2, or to end the life of the parent's minor 19 child. 20 Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 26: 21 No employee of this state or a political subdivision of the state, except for a law 22 enforcement officer in the conduct of a criminal investigation, may encourage or coerce a 23 minor child to withhold information from the minor child's parent. Except as otherwise 24 provided by law, no employee of this state may withhold from a minor child's parent 25 information that is relevant to the physical, emotional, or mental health of the parent's 26 minor child. 27 Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 26: 28 A Except as provided in section 5 of this Act, a person, private entity, state agency, 29 political subdivision of this state, or 29 employee of a state agency or political subdivision 30 must obtain the consent of a minor 30 child's parent before: 31 (1) Procuring, soliciting, arranging, providing a referral for, or performing: 32 (a) A surgical procedure upon the minor child; 33 26.713.10 26.713.11 3 190 Underscores indicate new language. Overstrikes indicate deleted language. (b) A medical examination of the minor child; 1 (c) A mental health evaluation, in a clinical or nonclinical setting, of the minor 2 child; or 3 (d) Any mental health treatment for the minor child; or 4 (2) Prescribing or dispensing any prescription medication to the minor child. 5 A parent may provide a person, entity, state agency, political subdivision of this 6 state, or employee of a state agency or political subdivision blanket consent to perform 7 an action requiring consent, pursuant to this section. 8 Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 26: 9 Notwithstanding the requirements of section 4 of this Act, any person, private a licensed physician or 10 entity, state agency, political subdivision other health professional, acting within the professional's scope of this state, or employee practice, may: 11 (1) Perform an examination of a state agency minor child to determine whether, in the opinion of 12 the treating physician or 11 political subdivision may perform health professional, exercising competent medical 13 judgement, the minor child requires emergency medical care and services; or 14 (2) Perform any of the actions, actions listed in section 4 of this Act, Act to a 12 minor child without 15 the consent of the minor child's parent if: 13 (1) It 16 (a) The licensed physician or health professional is not possible permitted to communicate with perform the 17 action under § 20-9-4.2; 18 (b) The minor is accompanied by an individual who has documentation signed 19 by the minor child's parent in order authorizing the individual to receive 14 the parent's consent; and 15 (2) It is necessary to act to prevent: 16 (a) Imminent, irreparable physical injury to make decisions 20 regarding the minor child; child's health care; or 17 (b) 21 (c) The licensed physician or health professional relies in good faith on the 22 representation of an individual, that the individual has been granted 23 authority by the minor child's death. 18 parent to make decisions regarding the minor 24 child's health. 25 Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 26: 19 26 The board of a school district, shall, in consultation with parents, teachers, and 20 27 administrators, adopt a policy to promote the involvement of parents of minor children 21 28 enrolled in the school district. The policy must include: 22 29 (1) A plan for parent participation in the school to improve parent and teacher 23 30 cooperation in areas of homework, attendance, and discipline; and 24 31 (2) The process by which a parent: 25 32 26.713.11 4 190 Underscores indicate new language. Overstrikes indicate deleted language. (a) Reviews the curriculum offered to the parent's minor child or is otherwise 26 1 informed about the course of study provided to the parent's minor child; 27 2 (b) May learn about the nature and purpose of clubs or other extracurricular 28 3 activities that have been approved by the school; 29 4 (c) Withdraws the parent's minor child from a school club or extracurricular 30 5 activity; 31 6 (d) Is notified of, and consents to having the parent's minor child receive, any 32 7 instruction in or presentation on human sexuality, human sexual behavior, 33 26.713.10 4 190 Underscores indicate new language. Overstrikes indicate deleted language. 8 gender identity disconnected from or inconsistent with the biological reality 1 9 of an individual's sex, or the idea that an individual is able to identify with 2 10 a gender that corresponds to an individual's internal and subjective sense 3 11 of self, disconnected from the biological reality of the minor's sex; 4 12 (e) May object to any specific instruction or presentation provided to the 5 13 parent's minor child; 6 14 (f) May withdraw the parent's minor child from any specific instruction or 7 15 presentation if the parent considers the instruction or presentation harmful 8 16 to the parent's minor child; and 9 17 (g) Provides consent before the parent's minor child may use a name or 10 18 nickname other than the minor child's legal name or a derivative or 11 19 diminutive of the minor child's legal name. 12 20 Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 26: 13 21 A school district shall allow the parent of a minor child enrolled in the school district 14 22 to access all written and electronic records concerning the parent's minor child that are in 15 23 the possession of the school district, a district employee, or other person hired, contracted, 16 24 or authorized by the school district to provide services to the parent's minor child. 17 25 Section 8. That a NEW SECTION be added to a NEW CHAPTER in title 26: 18 26 An employee of a school district may not withhold or conceal information from or 19 27 facilitate, encourage, or coerce a minor child to withhold or conceal information from, the 20 28 minor child's parent about the minor child's: 21 29 (1) Curricular or extracurricular projects, assignments, or activities; 22 30 (2) Physical, emotional, or mental health; or 23 31 26.713.11 5 190 Underscores indicate new language. Overstrikes indicate deleted language. (3) Purported identification with a gender that corresponds to the minor child's internal 24 1 and subjective sense of self, disconnected from the biological reality of the minor 25 2 child's sex. 26 3 Section 9. That a NEW SECTION be added to a NEW CHAPTER in title 26: 27 4 A parent may submit a written complaint to the board of a school district, detailing 28 5 any violation of sections 6 to 8, inclusive, of this Act. The parent is entitled to a meeting 29 6 with the superintendent of the school district to discuss the complaint. The superintendent 30 7 shall investigate the complaint and respond to the parent in writing within fourteen days 31 26.713.10 5 190 Underscores indicate new language. Overstrikes indicate deleted language. 8 of receiving the complaint. The response provided by the superintendent must describe 1 9 the actions that the district is to take in order to remedy the parent's complaint. 2 10 A parent may appeal the actions of the superintendent to the board of the school 3 11 district by submitting a written complaint detailing the violation of sections 6 to 8, inclusive 4 12 of this Act and a description of how the actions taken by the superintendent failed to 5 13 resolve the complaint. The board shall investigate the complaint and shall meet with the 6 14 parent to discuss the complaint. The board shall adopt a plan of action to remedy the 7 15 complaint at the first meeting of the board following receipt of the complaint. 8 16 If the board's plan of action does not remedy the parent's complaint, the parent 9 17 may file suit and assert a violation of sections 6 to 8, inclusive, of this Act as a claim 10 18 against the school district. A parent who successfully asserts a claim or defense under this 11 19 section may recover declaratory relief, injunctive relief, liquidated damages of five 12 20 thousand dollars per violation, reasonable attorneys' fees and costs, and any other 13 21 appropriate relief. 14 22 Section 10. That a NEW SECTION be added to a NEW CHAPTER in title 26: 15 23 For the purposes of sections 6 to 9, inclusive, of this Act, "school district" does not 16 24 include any public institution of higher education, provided that the parent of a minor child 17 25 retains the parent's rights under this Act and any other applicable federal law, as applied 18 26 to a school district, if the parent's child is enrolled in a dual enrollment course offered by 19 27 the school district and a public institution of higher education. 20 28 Section 11. That a NEW SECTION be added to a NEW CHAPTER in title 26: 21 29 26.713.11 6 190 Underscores indicate new language. Overstrikes indicate deleted language. A parent may bring suit for a violation of this chapter and may raise this chapter 22 1 as a defense in any judicial or administrative proceeding, without regard to whether the 23 2 proceeding is brought by or in the name of the state, a private person, or other party. 24 3 A parent who successfully asserts a claim or defense under this chapter may 25 4 recover declaratory relief, injunctive relief, compensatory damages, reasonable attorneys' 26 5 fees and costs, and any other appropriate relief. 27 6 A state agency or political subdivision of this state shall indemnify the employees 28 7 of the state or political subdivision for any liability incurred by the employee and for any 29 8 judgement entered against the employee for claims arising under this chapter. A state 30 9 agency or political subdivision of this state is not required to indemnify an employee if the 31 10 employee was convicted of a criminal violation for the conduct from which the claim arises. 32 11

26.713.11 26.713.12 101st Legislative Session 190 2026 South Dakota Legislature Senate Bill 190 SENATE HOUSE STATE AFFAIRS ENGROSSED Introduced by: Senator Grove Underscores indicate new language. Overstrikes indicate deleted language. An Act to provide for codify the rights of a parent. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 26: 3 A state agency or any political subdivision of this state may not substantially 4 burden the fundamental right of a parent to direct the upbringing, education, health care, 5 and mental 5 health of the parent's minor child, without demonstrating that the burden 6 imposed on the 6 parent is required by a compelling governmental interest as applied to the 7 parent and the parent's minor child and is the least restrictive means 7 for furthering that 8 compelling governmental interest. 8 9 Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 26: 9 A 10 The right of a parent has with regard to the parent's minor child include the right to: 10 11 (1) Direct the upbringing of the parent's minor child; 11 12 (2) Direct the moral and religious training of the parent's minor child; 12 13 (3) Except as otherwise provided in section 5 of this Act, make and consent to all 13 14 physical and mental health care decisions for the parent's minor child; 14 15 (4) Access and review all medical records of the parent's minor child; 15 16 (5) Direct the education of the parent's minor child; 16 17 (6) Access and review all written and electronic educational records relating to the 17 18 parent's minor child, which are in the possession of a school; 18 school, as provided in section 19 7 of this Act; 20 (7) Have the parent's minor child excused from school attendance for religious 19 21 purposes; 20 22 (8) Participate in parent-teacher organizations and other school organizations 21 23 sanctioned by the board of a school district; 22 24 26.713.12 2 190 Underscores indicate new language. Overstrikes indicate deleted language. (9) Be notified promptly if an employee of the state reasonably believes that abuse, 23 1 neglect, or other criminal offense has been committed against the parent's minor 24 26.713.11 2 190 Underscores indicate new language. Overstrikes indicate deleted language. child by someone other than the parent, unless doing so would interfere with a 1 3 criminal or other investigation; 2 4 (10) Consent before a biometric scan of the parent's minor child is performed, shared, 3 5 or stored; 4 6 (11) Consent before any record of the blood or deoxyribonucleic acid of the parent's 5 7 minor child is created, stored, or shared, unless authorized pursuant to a court 6 8 order; and 7 9 (12) Consent before any state agency or political subdivision of this state makes a video 8 10 or audio recording of the minor child, unless the video or audio recording is made 9 11 as part of: 10 12 (a) A court proceeding; 11 13 (b) A law enforcement investigation; 12 14 (c) An interview conducted as part of a criminal or other investigation; 13 15 (d) A surveillance or other security system; 14 16 (e) A photographic identification card; or 15 17 (f) A public event where the minor child has no reasonable expectation of 16 18 privacy. 17 19 Nothing in this section may be construed to permit a parent to abuse or neglect 18 20 the parent's minor child, as defined in § 26-8A-2, or to end the life of the parent's minor 19 21 child. 20 22 Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 26: 21 No 23 Except for a law enforcement officer in the conduct of a criminal investigation or 24 as otherwise provided by law, an employee of this state or a political subdivision of the state, except for a law 22 enforcement officer in the conduct of a criminal investigation, 25 state may encourage not: 26 (1) Encourage or coerce a 23 minor child to withhold information from the minor child's parent. Except as otherwise 24 provided by law, no employee of this state may withhold 27 parent; or 28 (2) Withhold from a minor child's parent 25 information that is relevant to the physical, 29 emotional, or mental health of the parent's 26 minor child. 30 Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 26: 31 26.713.12 3 190 Underscores indicate new language. Overstrikes indicate deleted language. Except as provided in section 5 of this Act, a person, private entity, state agency, 1 political subdivision of this state, or employee of a state agency or political subdivision 2 must obtain the consent of a minor child's parent before: 3 (1) Procuring, soliciting, arranging, providing a referral for, or performing: 4 (a) A surgical procedure upon the minor child; 5 (b) A medical examination of the minor child; 6 (c) A mental health evaluation, in a clinical or nonclinical setting, of the minor 7 child; or 8 (d) Any mental health treatment for the minor child; or 9 (2) Prescribing or dispensing any prescription medication to the minor child. 10 A parent may provide a person, entity, state agency, political subdivision of this 11 state, or employee of a state agency or political subdivision written, informed consent to 12 perform an action requiring consent, pursuant to this section. 13 Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 26: 14 Notwithstanding the requirements of section 4 of this Act, a licensed physician or 15 other health professional, acting within the professional's scope of practice, may: 16 (1) Perform an examination of a minor child to determine whether, in the opinion of 17 the treating physician or health professional, exercising competent medical 18 judgement, the minor child requires emergency medical care and services; or 19 (2) Perform any of the actions listed in section 4 of this Act to a minor child without 20 the consent of the minor child's parent if: 21 (a) The licensed physician or health professional is permitted to perform the 22 action under § 20-9-4.2; 23 (b) The minor is accompanied by an individual who has documentation signed 24 by the minor child's parent authorizing the individual to make decisions 25 regarding the minor child's health care; or 26 (c) The licensed physician or health professional relies in good faith on the 27 representation of an individual, that the individual has been granted 28 authority by the minor child's parent to make decisions regarding the minor 29 child's health. 30 Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 26: 31 26.713.12 4 190 Underscores indicate new language. Overstrikes indicate deleted language. The board of a school district, shall, in consultation with parents, teachers, and 1 administrators, adopt a policy to promote the involvement of parents of minor children 2 enrolled in the school district. The policy must include: 3 (1) A plan for parent participation in the school to improve parent and teacher 4 cooperation in areas of homework, attendance, and discipline; and 5 (2) The process by which a parent: 6 (a) Reviews the curriculum offered to the parent's minor child or is otherwise 7 informed about the course of study provided to the parent's minor child; 8 (b) May learn about the nature and purpose of clubs or other extracurricular 9 activities that have been approved by the school; 10 (c) Withdraws the parent's minor child from a school club or extracurricular 11 activity; 12 (d) Is notified of, and consents to having the parent's minor child receive, any 13 instruction in or presentation on human sexuality, human sexual behavior, 14 an understanding of an individual's identity disconnected from or 15 inconsistent with the biological reality of an individual's sex, or the idea that 16 an individual is able to identify with a gender that corresponds to an 17 individual's internal and subjective sense of self, disconnected from the 18 biological reality of the minor's sex; 19 (e) May object to any specific instruction or presentation provided to the 20 parent's minor child; 21 (f) May withdraw the parent's minor child from any specific instruction or 22 presentation if the parent considers the instruction or presentation harmful 23 to the parent's minor child; and 24 (g) Provides consent before the parent's minor child may use a name or 25 nickname other than the minor child's legal name or a derivative or 26 diminutive of the minor child's legal name. 27 Section 4. 7. That a NEW SECTION be added to a NEW CHAPTER in title 26: 28 Except as provided in section 5 of this Act, § 26-8A-13, a person, private entity, state agency, 29 political subdivision of this state, or employee of a state agency or political subdivision 30 must obtain school district shall allow the consent parent of a minor child's parent before: 29 child enrolled in the school district to access all written and electronic records concerning 30 the parent's minor child that are in the possession of the school district, a district 31 (1) Procuring, soliciting, arranging, providing a referral for, employee, or performing: other person hired, contracted, or authorized by the school district to provide 32 (a) A surgical procedure upon services to the parent's minor child; child. 33 26.713.11 3 26.713.12 5 190 Underscores indicate new language. Overstrikes indicate deleted language. (b) A medical examination of the minor child; 1 (c) A mental health evaluation, in a clinical or nonclinical setting, of the minor 2 child; or 3 (d) Any mental health treatment for the minor child; or 4 (2) Prescribing or dispensing any prescription medication to the minor child. 5 A parent may provide a person, entity, state agency, political subdivision of this 6 state, or employee of a state agency or political subdivision blanket consent to perform 7 an action requiring consent, pursuant to this section. 8 Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 26: 9 Notwithstanding the requirements of section 4 of this Act, a licensed physician or 10 other health professional, acting within the professional's scope of practice, may: 11 (1) Perform an examination of a minor child to determine whether, in the opinion of 12 the treating physician or health professional, exercising competent medical 13 judgement, the minor child requires emergency medical care and services; or 14 (2) Perform any of the actions listed in section 4 of this Act to a minor child without 15 the consent of the minor child's parent if: 16 (a) The licensed physician or health professional is permitted to perform the 17 action under § 20-9-4.2; 18 (b) The minor is accompanied by an individual who has documentation signed 19 by the minor child's parent authorizing the individual to make decisions 20 regarding the minor child's health care; or 21 (c) The licensed physician or health professional relies in good faith on the 22 representation of an individual, that the individual has been granted 23 authority by the minor child's parent to make decisions regarding the minor 24 child's health. 25 Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 26: 26 The board of a school district, shall, in consultation with parents, teachers, and 27 administrators, adopt a policy to promote the involvement of parents of minor children 28 enrolled in the school district. The policy must include: 29 (1) A plan for parent participation in the school to improve parent and teacher 30 cooperation in areas of homework, attendance, and discipline; and 31 (2) The process by which a parent: 32 26.713.11 4 190 Underscores indicate new language. Overstrikes indicate deleted language. (a) Reviews the curriculum offered to the parent's minor child or is otherwise 1 informed about the course of study provided to the parent's minor child; 2 (b) May learn about the nature and purpose of clubs or other extracurricular 3 activities that have been approved by the school; 4 (c) Withdraws the parent's minor child from a school club or extracurricular 5 activity; 6 (d) Is notified of, and consents to having the parent's minor child receive, any 7 instruction in or presentation on human sexuality, human sexual behavior, 8 gender identity disconnected from or inconsistent with the biological reality 9 of an individual's sex, or the idea that an individual is able to identify with 10 a gender that corresponds to an individual's internal and subjective sense 11 of self, disconnected from the biological reality of the minor's sex; 12 (e) May object to any specific instruction or presentation provided to the 13 parent's minor child; 14 (f) May withdraw the parent's minor child from any specific instruction or 15 presentation if the parent considers the instruction or presentation harmful 16 to the parent's minor child; and 17 (g) Provides consent before the parent's minor child may use a name or 18 nickname other than the minor child's legal name or a derivative or 19 diminutive of the minor child's legal name. 20 Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 26: 21 A school district shall allow the parent of a minor child enrolled in the school district 22 to access all written and electronic records concerning the parent's minor child that are in 23 the possession of the school district, a district employee, or other person hired, contracted, 24 or authorized by the school district to provide services to the parent's minor child. 25 Section 8. That a NEW SECTION be added to a NEW CHAPTER in title 26: 26 An 1 Except as provided in § 26-8A-13, an employee of a school district may not 2 withhold or conceal information from or 27 facilitate, encourage, or coerce a minor child to 3 withhold or conceal information from, the 28 minor child's parent about the minor child's: 29 4 (1) Curricular or extracurricular projects, assignments, or activities; 30 5 (2) Physical, emotional, or mental health; or 31 26.713.11 5 190 Underscores indicate new language. Overstrikes indicate deleted language. 6 (3) Purported identification with a gender that corresponds to the minor child's internal 1 7 and subjective sense of self, disconnected from the biological reality of the minor 2 8 child's sex. 3 9 Section 9. That a NEW SECTION be added to a NEW CHAPTER in title 26: 4 10 A parent may submit a written complaint to the board of a school district, detailing 5 11 any violation of sections 6 to 8, inclusive, of this Act. The parent is entitled to a meeting 6 12 with the superintendent of the school district to discuss the complaint. The superintendent 7 13 shall investigate the complaint and respond to the parent in writing within fourteen days 8 14 of receiving the complaint. The response provided by the superintendent must describe 9 15 the actions that the district is to take in order to remedy the parent's complaint. 10 16 A parent may appeal the actions of the superintendent to the board of the school 11 17 district by submitting a written complaint detailing the violation of sections 6 to 8, inclusive 12 18 of this Act and a description of how the actions taken by the superintendent failed to 13 19 resolve the complaint. The board shall investigate the complaint and shall meet with the 14 20 parent to discuss the complaint. The board shall adopt a plan of action to remedy the 15 21 complaint at the first meeting of the board following receipt of the complaint. 16 22 If the board's plan of action does not remedy the parent's complaint, the parent 17 23 may file suit and assert a violation of sections 6 to 8, inclusive, of this Act as a claim 18 24 against the school district. A parent who successfully asserts a claim or defense under this 19 25 section may recover declaratory relief, injunctive relief, liquidated damages of five 20 26 thousand dollars per violation, reasonable attorneys' fees and costs, and any other 21 27 appropriate relief. 22 28 Section 10. That a NEW SECTION be added to a NEW CHAPTER in title 26: 23 29 For the purposes of sections 6 to 9, inclusive, of this Act, "school district" does not 24 30 include any public institution of higher education, provided that the parent of a minor child 25 31 retains the parent's rights under this Act and any other applicable federal law, as applied 26 32 26.713.12 6 190 Underscores indicate new language. Overstrikes indicate deleted language. to a school district, if the parent's child is enrolled in a dual enrollment course offered by 27 1 the school district and a public institution of higher education. 28 2 Section 11. That a NEW SECTION be added to a NEW CHAPTER in title 26: 29 26.713.11 6 190 Underscores indicate new language. Overstrikes indicate deleted language. 3 A parent may bring suit for a violation of this chapter and may raise this chapter 1 4 as a defense in any judicial or administrative proceeding, without regard to whether the 2 5 proceeding is brought by or in the name of the state, a private person, or other party. 3 6 A parent who successfully asserts a claim or defense under this chapter may 4 7 recover declaratory relief, injunctive relief, compensatory damages, reasonable attorneys' 5 8 fees and costs, and any other appropriate relief. 6 9 A state agency or political subdivision of this state shall indemnify the employees 7 10 of the state or political subdivision for any liability incurred by the employee and for any 8 11 judgement entered against the employee for claims arising under this chapter. A state 9 12 agency or political subdivision of this state is not required to indemnify an employee if the 10 13 employee was convicted of a criminal violation for the conduct from which the claim arises. 11 14