SB 948 - This act provides that a parent has a fundamental right to direct the upbringing, education, health care, and mental health of such parent's child free from government interference. A governmental authority shall not restrict parental rights unless such authority demonstrates that the restriction is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling interest. This provision applies to all state and local laws, resolutions, and ordinances and to the implementation of such laws, resolutions, and ordinances. (Section 1.340)

The act outlines certain parental rights that are exclusively reserved to a parent without obstruction by or interference from this state, any political subdivision of the state, any governmental entity, or any other institution. Such rights include, among others specified in the act:

(1) The right to access and review all written and electronic educational records of a child;

(2) The right to direct the child's moral or religious training;

(3) The right to consent in writing to all physical and mental health care decisions for the child and to access and review all health and medical records of the child;

(4) The right to consent in writing before a biometric scan of the child is made, shared, or stored;

(5) The right to be notified promptly if a governmental authority suspects that abuse, neglect, or a criminal offense has been committed against the child, unless such notification is reasonably believed to be likely to endanger the life or physical safety of the child;

(6) The right to opt the child out of any personal analysis, evaluation, survey, or data collection by a school district except what is necessary and essential for establishing a student's educational record;

(7) The right to excuse a child from school attendance for religious purposes; and

(8) The right to participate in parent-teacher organizations and other school organizations that are sanctioned by the board of education of a school district.

Except for law enforcement personnel, a governmental authority shall not encourage or coerce a child to withhold information from the child's parent; nor shall a governmental authority withhold from a child's parent information that is relevant to the physical, emotional, or mental health of the child.

A parent who believes his or her rights have been violated under this act may assert that violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the government is a party to the proceeding, and obtain appropriate relief against the government, including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney's fees and costs. (Section 1.341)

The act additionally repeals provisions authorizing minors to consent to medical treatment or procedures involving venereal disease and drug or substance abuse. (Section 431.061)

OLIVIA SHANNON