MS SB2765

Establishes parental rights as fundamental and prohibits the state from substantially burdening parental rights to direct upbringing, education, health care, and mental health of children without demonstrating a compelling governmental interest.

Requires school districts to develop policies promoting parental involvement, including procedures for parents to review curriculum at least 7 days before instruction begins and to receive 3 days' notice before children participate in identity or critical theory curriculum.

Mandates written parental consent before children participate in instruction related to gender identity, sexual orientation, romantic relationships, or critical theory; requires schools to provide alternative instruction without penalties for children whose parents opt them out.

Requires written parental consent for medical and mental health care procedures, surgical procedures, physical examinations, and medication for minors, except in emergencies where a parent cannot be located.

Creates a private cause of action for violations allowing parents to recover declaratory relief, injunctive relief, compensatory damages, attorneys' fees, and costs; waives sovereign and governmental immunity for violations.