ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
parental rights; schools; educational records
Purpose
Authorizes a parent to bring suit against a governmental entity or official based on a violation of parents' rights and outlines remedies for violations. Specifies educational records which a parent has the right to access and requires a school district or charter school to provide a copy of a survey that requires parental consent for administration with a written consent form to the parent. Modifies exemptions from parental consent requirements for surveys.
Background
Arizona's Parents Bill of Rights reserves parental rights to a parent of a minor child without interference from the state, a political subdivision or other governmental entity (governmental entity) or any other institution. A governmental entity may not infringe on parents' rights to direct the upbringing, education, health care or mental health of their child without demonstrating that the compelling governmental interest is of the highest order, is narrowly tailored and is not otherwise served by a less restrictive means. Outlined rights include: 1) directing the child's education, upbringing and moral or religious training; 2) making health care decisions for the child; and 3) accessing and reviewing all records, including medical records, unless otherwise prohibited. An attempt to encourage or coerce a minor child to withhold information from the parent is grounds for discipline of a governmental, except for law enforcement personnel. Statute declares that parents have inalienable rights that are more comprehensive than those listed in the Parents' Bill of Rights, unless legally waived or terminated (A.R.S. 1-602).
A school district or charter school must obtain written informed parental consent before administering to a pupil a survey that solicits personal information regarding specified topics and is retained by the school district, charter school or Arizona Department of Education (ADE) for longer than one year. Consent must be obtained at the beginning of each school year for participation in any survey for which parental consent is required for the entire year. Statute exempts surveys that are administered for certain purposes or by specified entities or that do not require personally-identifiable information. A school district or charter school that violates survey parental consent requirements is subject to a civil penalty of up to $500 (A.R.S. 15-117).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Parental Rights
1. Prohibits a governmental entity or any official of a governmental entity acting under color of law from interfering with or usurping the fundamental right of parents to direct the upbringing, education, health care and mental health of their children.
2. Authorizes a parent to bring suit against a governmental entity or official based on any violation of the Parents' Bill of Rights or any other action that interferes with or usurps the parent's right to direct the upbringing, education, health care and mental health of their children in:
a) superior court;
b) federal court if authorized by federal law; or
c) before an administrative tribunal of appropriate jurisdiction.
3. Authorizes a parent to raise a violation of the Parents' Bill of Rights as a claim or a defense.
4. Places the burden of proof on the governmental entity or official against which a suit is brought to demonstrate:
a) that the interference or usurpation is essential to accomplish a compelling government interest of the highest order, as long recognized in the state's history and traditions in the operation of its regulatory powers; and
b) the method of interference or usurpation used by the government is narrowly tailored and not otherwise served by a less restrictive means.
5. Authorizes a governmental entity or official to interfere with or usurp the fundamental right of parents to direct the upbringing, education, health care and mental health of their children only if the entity or official successfully demonstrates the compelling government interest of the highest order, narrowly tailored and least restrictive means requirements.
6. Requires the court, if the governmental entity or official is unsuccessful, to grant, based on the facts of the case and the law as applied to the facts:
a) appropriate relief, such as declaratory or injunctive relief;
b) compensatory damages; and
c) attorney fees.
7. Applies, to any institution, the classification of an attempt to encourage or coerce a minor to withhold information from the minor's parent as grounds for discipline.
8. Specifies that the Parents' Bill of Rights does not preempt or foreclose claims or remedies in support of parental rights that are available under the Arizona Constitution, Arizona statutes or Arizona common law.
9. Specifies that the reservation of parental rights to the parent of a minor, including those outlined in the Parents' Bill of Rights, is exclusive to the parent.
Education Records and Surveys
10. Grants parents the right to access all written or electronic records of a school district, charter school or a school district or charter school employee concerning the parent's child and to all the child's electronic accounts, including:
a) attendance records, grades and test scores of school-administered tests and statewide assessments;
b) extracurricular activities or club participation;
c) reports of behavioral patterns and disciplinary records;
d) counseling records and psychological records;
e) applications for admission;
f) health and immunization information, including medical records maintained by a health clinic or medical facility operated or controlled by the school district or charter school or located on school district or charter school property;
g) teacher and counselor evaluations; and
h) email accounts and online or virtual accounts or data.
11. Authorizes a parent to file suit in superior court against a school district or charter school that violates the requirement that parents have access to educational records and accounts of their child.
12. Specifies that educational records and information access requirements do not preclude a parent from filing a suit asserting a violation of the requirements or any other claim otherwise allowed by law.
13. Allows a parent who successfully asserts a claim under the educational records and information access requirements to recover:
a) declaratory relief;
b) injunctive relief to prevent or remedy a violation or the effects of the violation;
c) reasonable attorney fees and costs; and
d) any other appropriate relief.
14. Requires school district governing board parental involvement policies to include procedures by which parents may learn about the right to access all written and electronic records of a school district or school district employee concerning the parent's child.
15. Requires a school district or charter school, at least seven days before administering a survey that solicits specified personal information, to obtain parental consent by providing a written informed consent form and a copy of the survey, rather than requiring parental consent at the beginning of each school year if the survey is retained for over one year by a school district, charter school or ADE.
16. Modifies the exemption from parental consent requirements for a nationally-recognized college entrance exam to:
a) include any exam administered by a nationally-recognized college entrance or career readiness exam (college entrance or career readiness exam) provider; and
b) apply to a college entrance or career readiness exam a student takes on school property, regardless of whether the exam is taken during the school day, rather than to any college entrance or career readiness exam regardless of if administered on school property.
17. Removes the exemption from parental consent requirements for a survey that solicits specified personal information but does not require a student's name or any other personally-identifiable information.
18. Limits the exemption from parental consent requirements for a survey conducted or implemented by the Arizona Criminal Justice Commission to apply only if, at least seven days before the survey is administered, the school district or charter school provides the pupil's parent with:
a) a paper or electronic copy of the survey; or
b) electronic access to the survey.
19. Specifies that a parent's right to access and review a minor child's medical records
a) is a right to request access and review the records; and
b) applies to written and electronic records.
20. Specifies that a parent's right to make health care decisions for a minor child applies to all health care decisions.
21. Makes technical and conforming changes.
22. Becomes effective on the general effective date.
1. Removes prohibitions against an employee of a governmental entity, school district or charter school or other institution withholding or concealing from the parent information relevant to a child's physical, emotional or mental health.
2. Removes the specification that a parent has the right to:
a) equivalent access to a health care entity's electronic portal and other health care delivery platform for the child; and
b) access medical records for services not requiring parental consent, including specified services.
3. Specifies that a parent's right to access and review a minor child's medical records is a right to request access and review the records
4. Makes technical and conforming changes.
Specifies that the requirement for a school district or charter school to provide parents with a copy of a survey that is exempt from parental consent requirements under the exemption for surveys conducted or implemented by the Arizona Criminal Justice Commission may be satisfied with a paper or electronic copy or by providing electronic access to the survey.
House Action Senate Action
ED 1/20/22 DP 6-4-0-1 ED 3/15/22 DPA 5-3-0
3rd Read 2/24/22 31-28-1
Prepared by Senate Research
March 30, 2022
LB/slp