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MS HB1489

Bill

Status

Failed

1/31/2023

Primary Sponsor

Philip Gunn

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

  • Establishes parental rights to direct a child's upbringing, education, healthcare, and mental health as a fundamental right that cannot be substantially burdened by the state without proving a compelling governmental interest of the highest order.

  • Requires school boards to develop policies promoting parental involvement, including providing parents with course syllabi at least 7 days before instruction begins, curriculum access at least 3 days before teaching, and procedures for parents to opt children out of instruction on gender identity, sexual orientation, or romantic/sexual relationships with 3 days' notice.

  • Prohibits state and school employees (except law enforcement) from encouraging children to withhold information from parents or withholding information relevant to a child's physical, emotional, or mental health from parents.

  • Requires parental written consent before medical/mental health services, surgical procedures, medications, or mental health evaluations are provided to a child, with exceptions only for medical emergencies when death or imminent irreparable injury could result or when a parent cannot be located after reasonable effort.

  • Allows parents to sue for violations and recover declaratory relief, injunctive relief, compensatory damages, attorneys' fees, and costs; waives sovereign and qualified immunities for violations; amends education law to expand parental access to school records and allow opt-out of comprehensive sex education with written request.

Legislative Description

"Families' Rights and Responsibilities Act of 2023"; enact.

Last Action

Died In Committee

1/31/2023

Committee Referrals

Judiciary B1/16/2023

Full Bill Text

No bill text available