HB 1739 -- PUBLIC ELEMENTARY AND SECONDARY SCHOOL

SPONSOR: Richey

This bill creates the "Parents' Bill of Rights Act of 2024", which shall be construed to empower parents to enforce rights, as outlined in the bill, to access records maintained by schools in which their children are enrolled in a timely manner or as specified in the bill. The bill defines a "school" as a public school, school district, charter school, or virtual school authorized under the provisions of the Missouri Course Access and Virtual School Program. No school shall require nondisclosure agreements for a parent's review of curricula, and each school shall allow parents, within two business days upon request, to review or make a copy of curriculum documents or to receive such documents in an electronic format, provided that no request would cause an infringement of copyright protections. Where the curricular materials being made available to parents for review are subject to copyright, trademark, or other intellectual property protection, the review process shall include technical and procedural safeguards to ensure that the materials are not able to be widely disseminated to the general public in violation of the intellectual property rights of the publisher or any contractual agreements between the publisher and the school, and that content validity is not undermined. If more than 20 pages are being copied using the school's equipment, the school may, at the school's discretion, charge the parent a fee described in the bill. No school shall collect any biometric data of a minor child without obtaining parental consent, except for biometric data necessary to create and issue appropriate school identification cards. A school that collects such data shall ensure that all copies of such data are destroyed within one year of a student's withdrawal of participation in all school activities. Finally, each school shall notify parents of certain safety incidents and criminal charges filed against teachers, employees, and any guests or visitors to a school, as outlined in the bill (Section 161.841, RSMo). This bill prohibits public school officials from encouraging a student under the age of 18 years old to adopt a gender identity or sexual orientation. The bill additionally prohibits public school officials from withholding information regarding a student's gender identity from the student's parent. The bill defines a student's "documented identity" as such student's gender identity or sex as registered by the student's parent during enrollment. If a student's parent does not register such student's gender identity or sex during enrollment, the student's documented identity shall be their biological sex as correctly stated on their birth certificate or other government record, as specified in the bill. A school official shall inform a student's parent within 24 hours if the student expresses confusion about his or her documented identity or requests to use personal pronouns that differ from his or her documented identity. A school official shall obtain written parental consent before allowing a student to use a name other than the name provided by the parent when registering the student for school and before encouraging a student to wear certain items of clothing. Finally, a school official shall not encourage a student to pursue gender reassignment therapy or surgical procedures. Any teacher or school counselor, who violates the provisions of the bill shall be subject to suspension or revocation of his or her professional license based on incompetence, immorality, and neglect of duty. The State Board of Education shall promptly investigate any claim from a parent of a public school student that a teacher of such student has violated the bill. If the claim is found to be valid, the State Board shall discipline such teacher as set forth in the bill. The Board of Nursing shall promptly investigate any claim from a parent of a public school student that a school nurse has knowingly violated the bill. If the Board finds that such claim is valid, the Board shall file a complaint against such school nurse's license with the Administrative Hearing Commission on grounds of unethical or unprofessional conduct involving a minor. Any other school staff member who knowingly violates the provisions of the bill shall have his or her employment terminated for gross misconduct, and shall additionally be ineligible to work in any public school for a period of four years. A parent may bring a civil action against a school district, public elementary or secondary school, or public charter school that violates the provisions of the bill, and the Attorney General may bring a civil action against any school district, public elementary or secondary school, or public charter school that violates the provisions of the bill (Sections 170.385 and 170.386). These provisions are similar to SB 728 (2024) and SCS SB 134 (2023).

Statutes affected:
Introduced (3828H.01): 161.841, 170.385, 170.386