CO. SB 15-077. Parent's Bill of Rights.

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CO. SB 15-077. Parent's Bill of Rights.
Short Title Parent's Bill of Rights
Official Text CO. SB 15-077. Parent's Bill of Rights.
Country/Jurisdiction United States
State or Province Colorado
Regulatory Bodies
Date Enacted 2015

Scope of the Law Government
Information

Taxonomy Decisional Interference
Strategies


Text of the law

SECTION 1. In Colorado Revised Statutes, add article 16 to title 14 as follows:
ARTICLE 16
Parent's Bill of Rights
14-16-101. Short title. THIS ARTICLE IS KNOWN AS THE "PARENT'S BILL OF RIGHTS".
14-16-102. Definitions.
AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "MINOR CHILD" MEANS A PERSON SEVENTEEN YEARS OF AGE OR YOUNGER.
(2) "PARENT" MEANS THE NATURAL OR ADOPTIVE PARENT OR LEGAL GUARDIAN OF A MINOR CHILD.
14-16-103. Parental rights reserved - exceptions.
(1) THIS STATE, ANY POLITICAL SUBDIVISION OF THIS STATE, OR ANY OTHER GOVERNMENTAL ENTITY OR INSTITUTION SHALL NOT INFRINGE UPON THE FUNDAMENTAL RIGHT OF A PARENT TO DIRECT THE UPBRINGING, EDUCATION, AND PHYSICAL AND MENTAL HEALTH CARE OF HIS OR HER MINOR CHILD WITHOUT DEMONSTRATING THAT THE COMPELLING GOVERNMENTAL INTEREST, AS APPLIED TO THE CHILD INVOLVED, IS OF THE HIGHEST ORDER, IS NARROWLY TAILORED, AND CANNOT BE ACCOMPLISHED IN A LESS RESTRICTIVE MANNER. Decisional Interference
(2) ALL PARENTAL RIGHTS ARE RESERVED TO A PARENT OF A MINOR CHILD WITHOUT OBSTRUCTION OR INTERFERENCE FROM THIS STATE, ANY POLITICAL SUBDIVISION OF THIS STATE, OR ANY OTHER GOVERNMENTAL ENTITY OR INSTITUTION, INCLUDING BUT NOT LIMITED TO, THE RIGHT TO:
(a) DIRECT THE EDUCATION OF THE MINOR CHILD;
(b) ACCESS AND REVIEW ALL SCHOOL RECORDS RELATING TO THE MINOR CHILD;
(c) DIRECT THE UPBRINGING OF THE MINOR CHILD;
(d) DIRECT THE MORAL OR RELIGIOUS TRAINING OF THE MINOR CHILD;
(e) MAKE HEALTH CARE DECISIONS FOR THE MINOR CHILD;
(f) ACCESS AND REVIEW ALL MEDICAL RECORDS OF THE MINOR CHILD;
(g) CONSENT IN WRITING BEFORE A BIOMETRIC SCAN OF THE MINOR CHILD OCCURS OR IS SHARED OR STORED;
(h) CONSENT IN WRITING BEFORE ANY RECORD OF THE MINOR CHILD'S BLOOD OR DNA IS MADE, SHARED, OR STORED, UNLESS OBTAINING SUCH BLOOD OR DNA IS OTHERWISE REQUIRED BY LAW OR AUTHORIZED PURSUANT TO A COURT ORDER;
(i) CONSENT IN WRITING BEFORE THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS MAKES A VIDEO OR VOICE RECORDING OF THE MINOR CHILD, UNLESS THE VIDEO OR VOICE RECORDING IS TO BE USED SOLELY FOR ANY OF THE FOLLOWING PURPOSES:
(I) SAFETY DEMONSTRATIONS, INCLUDING THE MAINTENANCE OF ORDER AND DISCIPLINE IN THE COMMON AREAS OF A SCHOOL OR ON SCHOOL VEHICLES;
(II) A PURPOSE RELATED TO A LEGITIMATE ACADEMIC OR EXTRACURRICULAR ACTIVITY;
(III) A PURPOSE RELATED TO REGULAR CLASSROOM INSTRUCTION;
(IV) SECURITY OR SURVEILLANCE OF BUILDINGS OR GROUNDS; OR
(V) A PHOTO IDENTIFICATION CARD; AND
(j)BE NOTIFIED PROMPTLY IF AN EMPLOYEE OF THIS STATE, ANY POLITICAL SUBDIVISION OF THIS STATE, ANY OTHER GOVERNMENTAL ENTITY OR INSTITUTION, OR ANY OTHER INSTITUTION SUSPECTS THAT A CRIMINAL OFFENSE HAS BEEN COMMITTED AGAINST THE MINOR CHILD BY SOMEONE OTHER THAN A PARENT.THIS PARAGRAPH (j) DOES NOT CREATE ANY NEW OBLIGATION FOR A SCHOOL DISTRICT OR CHARTER SCHOOL TO REPORT MISCONDUCT BETWEEN STUDENTS AT SCHOOL, SUCH AS FIGHTING OR AGGRESSIVE PLAY, THAT IS ROUTINELY ADDRESSED BY THE SCHOOL AS A STUDENT DISCIPLINARY MATTER;
(3) AN ATTEMPT TO ENCOURAGE OR COERCE A MINOR CHILD TO WITHHOLD INFORMATION FROM HIS OR HER PARENT IS GROUNDS FOR DISCIPLINE OF AN EMPLOYEE OF THIS STATE, ANY POLITICAL SUBDIVISION OF THIS STATE, OR ANY OTHER GOVERNMENTAL ENTITY OR INSTITUTION, EXCEPT AS USED BY A PEACE OFFICER IN THE CONTEXT OF A CRIMINAL INVESTIGATION. Decisional Interference
(4) UNLESS A RIGHT HAS BEEN LEGALLY WAIVED OR LEGALLY TERMINATED, A PARENT HAS INALIENABLE RIGHTS THAT ARE MORE COMPREHENSIVE THAN THOSE LISTED IN THIS ARTICLE. THE "PARENT'S BILL OF RIGHTS" DOES NOT PRESCRIBE ALL RIGHTS OF A PARENT. UNLESS OTHERWISE REQUIRED BY LAW, THE RIGHTS OF A PARENT OF A MINOR CHILD MUST NOT BE LIMITED OR DENIED.
14-16-104. Parental rights related to education of a minor child - policy for parental involvement - request for information.
(1) THE BOARD OF EDUCATION OF A SCHOOL DISTRICT, IN CONSULTATION WITH PARENTS, TEACHERS, AND ADMINISTRATORS, SHALL DEVELOP AND ADOPT A POLICY TO PROMOTE THE INVOLVEMENT OF PARENTS OF CHILDREN ENROLLED IN THE SCHOOLS WITHIN THE SCHOOL DISTRICT.THE POLICY MUST INCLUDE:
(a) 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;
(b) PROCEDURES BY WHICH A PARENT CAN LEARN ABOUT THE COURSE OF STUDY FOR HIS OR HER MINOR CHILD AND REVIEW LEARNING MATERIALS, INCLUDING THE SOURCE OF ANY SUPPLEMENTAL EDUCATIONAL MATERIALS;
(c) PROCEDURES BY WHICH A PARENT WHO OBJECTS TO ANY LEARNING MATERIAL OR ACTIVITY ON THE BASIS THAT IT IS HARMFUL MAY WITHDRAW HIS OR HER MINOR CHILD FROM THE ACTIVITY OR FROM THE CLASS OR PROGRAM IN WHICH THE MATERIAL IS USED. AN OBJECTION TO A LEARNING MATERIAL OR ACTIVITY ON THE BASIS THAT IT IS HARMFUL INCLUDES ANY OBJECTION BASED ON THE BELIEF THAT THE MATERIALS OR ACTIVITIES QUESTION BELIEFS OR PRACTICES IN SEX, MORALITY, OR RELIGION;
(d) IF A SCHOOL DISTRICT OFFERS INSTRUCTION IN COMPREHENSIVE HUMAN SEXUALITY EDUCATION PURSUANT TO SECTION 22-1-128,C.R.S., PROCEDURES ON HOW TO PROVIDE INFORMATION, AT LEAST FIFTEEN DAYS PRIOR TO THE START OF INSTRUCTION, TO PARENTS REGARDING HOW TO OPT OUT OF SUCH INSTRUCTION;
(e) PROCEDURES BY WHICH A PARENT WILL BE NOTIFIED AT LEAST FIFTEEN DAYS IN ADVANCE OF AND GIVEN THE OPPORTUNITY TO WITHDRAW HIS OR HER MINOR CHILD FROM ANY INSTRUCTION OR PRESENTATION REGARDING HUMAN SEXUALITY IN COURSES OTHER THAN A FORMAL COMPREHENSIVE HUMAN SEXUALITY EDUCATION PURSUANT TO SECTION 22-1-128, C.R.S.;
(f) PROCEDURES BY WHICH A PARENT CAN LEARN ABOUT THE NATURE AND PURPOSE OF CLUBS AND ACTIVITIES THAT ARE PART OF THE SCHOOL CURRICULUM, AS WELL AS EXTRACURRICULAR CLUBS AND ACTIVITIES THAT HAVE BEEN APPROVED BY THE SCHOOL; AND
(g) PROCEDURES BY WHICH A PARENT CAN LEARN ABOUT THE PARENTAL RIGHTS AND RESPONSIBILITIES UNDER THE LAWS OF THIS STATE, INCLUDING THE RIGHT TO:
(I) OPT OUT OF A COMPREHENSIVE HUMAN SEXUALITY EDUCATION CURRICULUM IF ONE IS PROVIDED BY THE SCHOOL DISTRICT;
(II) OBTAIN INFORMATION CONCERNING OPEN ENROLLMENT RIGHTS; (III) OPT OUT OF ASSIGNMENTS PURSUANT TO THIS SECTION;
(IV) BE EXEMPT FROM ANY IMMUNIZATION LAWS OF THIS STATE;
(V) RECEIVE INFORMATION CONCERNING THE MINIMUM COURSE OF STUDY AND COMPETENCY REQUIREMENTS FOR GRADUATION FROM HIGH SCHOOL;
(VI) REVIEW TEST RESULTS;
(VII) HAVE HIS OR HER CHILD PARTICIPATE IN GIFTED AND TALENTED PROGRAMS;
(VIII) INSPECT INSTRUCTIONAL MATERIALS USED IN CONNECTION WITH ANY RESEARCH OR EXPERIMENTATION PROGRAM OR PROJECT;
(IX) RECEIVE A SCHOOL REPORT CARD;
(X) RECEIVE INFORMATION RELATED TO ATTENDANCE REQUIREMENTS SET FORTH IN THE "SCHOOL ATTENDANCE LAW OF 1963", ARTICLE 33 OF TITLE 22, C.R.S.;
(XI) PUBLIC REVIEW OF TEXTBOOKS AND COURSES OF STUDY;
(XII) HAVE HIS OR HER CHILD BE EXCUSED FROM SCHOOL ATTENDANCE FOR RELIGIOUS PURPOSES;
(XIII) RECEIVE POLICIES RELATED TO PARENTAL INVOLVEMENT PURSUANT TO THIS SECTION;
(XIV) PARTICIPATE IN PARENT TEACHER ASSOCIATIONS AND ORGANIZATIONS THAT ARE SANCTIONED BY THE BOARD OF EDUCATION OF A SCHOOL DISTRICT; AND
(XV) OPT OUT OF ANY DATA COLLECTION INSTRUMENT AT THE DISTRICT LEVEL THAT WOULD CAPTURE DATA FOR INCLUSION IN THE STATE LONGITUDINAL STUDENT DATA SYSTEM, EXCEPT WHAT IS NECESSARY AND ESSENTIAL FOR ESTABLISHING A STUDENT'S PUBLIC SCHOOL RECORD.
(2) THE BOARD OF EDUCATION OF A SCHOOL DISTRICT MAY ADOPT A POLICY TO PROVIDE PARENTS WITH THE INFORMATION REQUIRED BY THIS SECTION IN ELECTRONIC FORM.
(3) A REQUEST FOR INFORMATION PURSUANT TO THIS SECTION SHALL BE SUBMITTED IN WRITING BY A PARENT DURING REGULAR BUSINESS HOURS TO EITHER THE SCHOOL PRINCIPAL OR THE SUPERINTENDENT OF THE SCHOOL DISTRICT. WITHIN TWO BUSINESS DAYS OF RECEIVING THE INFORMATION REQUEST, THE SCHOOL PRINCIPAL OR DISTRICT SUPERINTENDENT SHALL DELIVER THE REQUESTED INFORMATION TO THE PARENT.
14-16-105. Parental rights related to health care of a minor child - exceptions - penalty.
(1) EXCEPT AS OTHERWISE PROVIDED BY LAW, NO PERSON, CORPORATION, ASSOCIATION, ORGANIZATION, STATE-SUPPORTED INSTITUTION, OR INDIVIDUAL EMPLOYED BY ANY OF THESE ENTITIES MAY PROCURE, SOLICIT TO PERFORM, ARRANGE FOR THE PERFORMANCE OF, PERFORM SURGICAL PROCEDURES, OR PERFORM A PHYSICAL EXAMINATION UPON A MINOR CHILD OR PRESCRIBE ANY PRESCRIPTION DRUGS TO A MINOR CHILD WITHOUT FIRST OBTAINING WRITTEN CONSENT FROM THE MINOR CHILD'S PARENT.
(2) A HOSPITAL OR MEDICAL CENTER SHALL NOT PERMIT A SURGICAL PROCEDURE TO BE PERFORMED UPON A MINOR CHILD IN ITS FACILITIES WITHOUT FIRST RECEIVING WRITTEN CONSENT FROM THE MINOR CHILD'S PARENT.
(3) THE PROVISIONS OF THIS SECTION DO NOT APPLY WHEN A PHYSICIAN DETERMINES THAT A MEDICAL EMERGENCY EXISTS AND THAT IT IS NECESSARY TO PERFORM A SURGICAL PROCEDURE FOR THE TREATMENT OF AN INJURY OR OF DRUG ABUSE, OR TO SAVE THE LIFE OF THE MINOR CHILD, OR WHEN THE MINOR CHILD'S PARENT CANNOT BE LOCATED OR CONTACTED AFTER REASONABLY DILIGENT EFFORTS.
(4) A PERSON WHO VIOLATES A PROVISION OF THIS SECTION IS GUILTY OF AN UNCLASSIFIED MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT OF NOT MORE THAN ONE YEAR, OR BOTH.
14-16-106. Parental rights related to mental health care - exceptions - penalty.
(1) EXCEPT AS OTHERWISE PROVIDED BY LAW OR A COURT ORDER, A PERSON, CORPORATION, ASSOCIATION, ORGANIZATION, OR STATE-SUPPORTED INSTITUTION, OR ANY INDIVIDUAL EMPLOYED BY ANY OF THESE ENTITIES, MAY NOT PROCURE, SOLICIT TO PERFORM OR PROVIDE, ARRANGE FOR THE PERFORMANCE OR PROVISION OF, OR PERFORM OR PROVIDE A MENTAL HEALTH EVALUATION OR MENTAL HEALTH TREATMENT OF A MINOR CHILD IN A CLINICAL OR NONCLINICAL SETTING WITHOUT FIRST OBTAINING WRITTEN CONSENT FROM THE MINOR CHILD'S PARENT. IF THE PARENTAL CONSENT IS GIVEN THROUGH TELEMEDICINE, THE MENTAL HEALTH CARE PROFESSIONAL SHALL VERIFY THE IDENTITY OF THE PARENT AT THE SITE WHERE THE CONSENT WAS GIVEN.
(2) THIS SECTION DOES NOT APPLY WHEN AN EMERGENCY EXISTS THAT REQUIRES A PROFESSIONAL PERSON TO PERFORM A MENTAL HEALTH SCREENING OR PROVIDE MENTAL HEALTH TREATMENT TO PREVENT SERIOUS INJURY OR TO SAVE THE MINOR CHILD'S LIFE.
(3) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF AN UNCLASSIFIED MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT OF NOT MORE THAN ONE YEAR, OR BOTH.
SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2015, if adjournment sine die is on May 6, 2015); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.



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State: Colorado