FUNDAMENTAL RIGHTS & PARENTAL RIGHTS AND RESPONSIBILITIES
This bill establishes that the liberty of a parent to direct the upbringing, education, health care, and mental health of that parent's child is a fundamental right. This state, a political subdivision, or another governmental entity is prohibited from substantially burdening that right without demonstrating that the burden is required by a compelling governmental interest of the highest order as applied to the parent and the child and is the least restrictive means of furthering that compelling governmental interest.
All parental rights are exclusively reserved to a parent of a child without obstruction by or interference from this state, a political subdivision, another governmental entity, or any other institution, including, without limitation, the following rights and responsibilities:
(1) To direct the education of the child, including the right to choose public, private, religious, or home schools, and the right to make reasonable choices within public schools for the education of the child;
(2) To access and review all school records relating to the child;
(3) To direct the upbringing of the child;
(4) To direct the moral or religious training of the child;
(5) To make and consent in writing to all physical and mental healthcare decisions for the child;
(6) To access and review all medical records of the child;
(7) To consent in writing before a biometric scan of the child is made, shared, or stored;
(8) To consent in writing before a record of the child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, unless authorized pursuant to a court order;
(9) To consent in writing before a governmental entity makes a video or voice recording of the child, unless the video or voice recording is made during or as a part of a court proceeding; a law enforcement investigation; a forensic interview in a criminal or department of children's services investigation; the security or surveillance of buildings or grounds; or a photo identification card; and
(10) To be notified promptly if an employee of this state, a political subdivision, another governmental entity, or any other institution suspects that abuse, neglect, or a criminal offense has been committed against the child by someone other than a parent, unless the incident has first been reported to law enforcement and notification of the parent would impede a law enforcement or department of children's services investigation.
These provisions do not authorize or allow a parent to abuse or neglect a child; apply to a parental decision that would end life; or prohibit a court from issuing and order that is otherwise permitted by law.
This bill prohibits an employee of this state, a political subdivision, or another governmental entity, except for law enforcement personnel, from encouraging or coercing a child to withhold information from the child's parent. Such employee must not withhold from a child's parent information that is relevant to the physical, emotional, or mental health of the child. Engaging in such conduct is grounds for discipline of the employee by the employer, in addition to any other remedies provided to a parent under this bill.
EDUCATIONAL INVOLEMENT
This bill requires that, as necessary to supplement the statutory rights of parents and students, each local school board of education and governing body of a public charter school in this state, in consultation with parents, teachers, and administrators, must develop and adopt a policy to promote the involvement of parents of children enrolled in the schools within the school district, including, but not limited to, the following:
(1) A plan for parent participation in the schools that is designed to improve parent and teacher cooperation in such areas as homework, attendance, and discipline;
(2) Procedures by which a parent may learn about the course of study for that parent's child and review all educational and learning materials, including the source of any supplemental educational materials;
(3) Procedures by which a parent who objects to any specific instruction or presentation on the basis that it is harmful may withdraw that parent's child from the instruction or presentation. Objection to a specific instruction or presentation on the basis that it is harmful includes, but is not limited to, objection to a material or activity because it questions beliefs or practices regarding sex, morality, or religion;
(4) Procedures to notify a parent in advance and obtain the parent's written consent before the parent's child attends any instruction or presentation containing sexual education or any instruction or presentation that has the goal or purpose of studying, exploring, or informing students about gender roles or stereotypes, gender identity, gender expression, sexual orientation, or romantic or sexual relationships;
(5) Procedures by which a parent may learn about the nature and purpose of clubs and extracurricular activities that have been approved by the school and may withdraw that parent's child from any club or extracurricular to which the parent objects;
(6) Procedures by which a parent must provide written consent before their child uses a name or nickname other than their legal name, or before a child uses a pronoun that does not align with the child's sex. However, even if a parent provides written consent, a person must not be compelled to use pronouns that do not align with the child's sex; and
(7) Procedures by which a parent may learn about parental rights and responsibilities under the laws of this state.
A local board of education or the governing body of a public charter school is authorized to adopt a policy to provide to parents the information required by this section in an electronic form. A parent must submit a written or electronic request for information pursuant to these provisions. Within 10 days of receiving the request for information, the school principal or the director of schools must either deliver the requested information to the parent or submit to the parent a written explanation of the reasons for the denial of the requested information. If the request for information is denied or the parent does not receive the requested information within 15 days after submitting the request for information, then the parent may submit a written request for the information to the local board of education or the governing body of a public charter school, which must formally consider the request at the next scheduled public meeting of the board or governing body if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the local board of education or the governing body of a public charter school must formally consider the request at the next subsequent public meeting of the board or governing body.
MEDICAL CARE
This bill requires that, except as otherwise provided by law or court order, a person, corporation, association, organization, state-supported institution, or individual employed by any of these must obtain the consent of a parent of a child before taking any of the following actions:
(1) Procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing surgical procedures upon a child;
(2) Procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing a physical examination upon a child;
(3) Prescribing or dispensing any medication or prescription drugs to a child; or
(4) Procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing a mental health evaluation in a clinical or nonclinical setting or mental health treatment on a child.
If the parental consent is given through telemedicine, then the person or entity obtaining parental consent must verify the identity of the parent at the site where the consent is given.
This bill provides that these requirements do not apply if it has been determined by a physician that an emergency exists and either of the following conditions is true:
(1) It is necessary to perform an activity listed above in order to prevent death or imminent, irreparable physical injury to the child; or
(2) A parent of the child cannot be located or contacted after a reasonably diligent effort.
CAUSE OF ACTION
This bill authorizes a parent to bring a suit for a violation of the provisions of this bill and raise the same provisions as a defense in a judicial or administrative proceeding without regard to whether the proceeding is brought by the state of Tennessee, a private person, or another party. Such an action may be commenced, and relief may be granted, without regard to whether the person commencing the action has sought or exhausted available administrative remedies. A person who successfully asserts a claim or defense under this may recover declaratory relief, injunctive relief, compensatory damages, reasonable attorneys' fees and costs, and any other appropriate relief. Sovereign, governmental, and qualified immunities to suit and from liability are waived and abolished to the extent of liability created by this bill.