California Parental Right Bill

Page 1

When I was a child our sex education consisted only of the reproductive organs. An was unavailable till the 5th grade. Hello I'm salli castillo an I'm noticing changes in America that I do not agree with, & my grandparents would be very upset if they were alive today. All they worked for everything they fought for, Taking for granted, not seen, not charished. I don't want my fellow man to only realize after they have lost it what it was they had. Now I'm learning kidnergred classes are teaching homosexualities? And why is American History been modified in our schools so much its almost nonexistant. Our pledge has been removed from schools under freedom of religion??? So now its wrong to be a patriot. Am I the only one who sees this? Ok so heres my discovery in a visual = http://youtu.be/EmV1LqFmOzw Part 2 = http://youtu.be/Wc34P1FH3PI California still has no Act creating the Parents Bill of Rights; prohibiting state from infringing upon parental rights


I've learned that American student are being put up on clean up. For Fukashima. Whats wrong with these parents or do they not know the schools are signing them up for death from radiation. I'd like to do something great for my child like my grandfather did. Signed up for WW2, not once but twice. Willing to sacrfice his life. I've done just that Searching an signing up to go to Japan to help clean up. Cuz I belive our kids are worth dieing for no matter how much I may suffer from radiation. But this needs attention We need to do as oklahoma did. You may need to look into your own state for your Parental Rights Act, Bill anything. Not just Family Law. Because if you dont have it then it probly dont excist.


1 2

ENGROSSED SENATE AMENDMENT TO ENGROSSED HOUSE BILL NO. 1384

3 4

By: Kern, Hulbert, Fisher, Cockroft, Walker, Murphey, Blackwell and Bennett of the House

5

and

6

Griffin and Shortey of the Senate

7 8 9 An Act relating to parental rights; creating the Parents' Bill of Rights; prohibiting the state from infringing upon parental rights unless certain criteria is met; defining term; listing rights which are reserved to the parent; providing exception; construing provision; proscribing limitation or denial of parental rights; restricting applicability in certain cases; directing the board of education of a school district to develop certain policy; providing items to be included in the policy; listing parental rights related to education; allowing board to provide policy in electronic form; requiring parent to submit a written request for information at certain time; directing principal or superintendent to deliver information within certain time; providing for written request to board in certain cases; directing board to consider request; prohibiting surgical procedure on minor without parental consent; providing exception; defining term; providing exception; prescribing penalty for violation; prohibiting mental health evaluation of minor without parental consent; providing exception; prescribing penalty for violation; providing for codification; and providing an effective date.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

AUTHOR:

Add the following House Coauthor:

ENGR. S. A. TO ENGR. H. B. NO. 1384

Turner

Page 1


1

AMENDMENT NO. 1.

Page 1, strike the title, enacting clause and entire bill and insert

2 "An Act relating to parental rights; creating Parents’ Bill of Rights; providing short title; prohibiting certain actions by governmental entities; defining term; specifying without limitation rights reserved to parent; providing that provision not create certain obligations for school districts and charter schools; providing that provision not authorize or allow certain conduct by parents or prohibit certain court orders; providing for certain construction; providing that attempt to encourage or coerce minor child to withhold certain information be grounds for employee discipline; requiring certain duty of school district board of education; authorizing adoption of certain policy; providing procedure for request for information; prohibiting certain actions without consent of parent or guardian; providing exceptions; providing penalties; requiring verification of identity under certain circumstances; providing for codification; and providing an effective date.

3 4 5 6 7 8 9 10 11 12 13 14 15 16

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1.

NEW LAW

A new section of law to be codified

17

in the Oklahoma Statutes as Section 2001 of Title 25, unless there

18

is created a duplication in numbering, reads as follows:

19 20 21

A.

This act shall be known and may be cited as the "Parents'

Bill of Rights". B.

This state, any political subdivision of this state or any

22

other governmental entity shall not infringe on the fundamental

23

right of parents to direct the upbringing, education, health care

24

and mental health of their children without demonstrating that the

ENGR. S. A. TO ENGR. H. B. NO. 1384

Page 2


1

compelling governmental interest as applied to the child involved is

2

of the highest order, is narrowly tailored and is not otherwise

3

served by a less restrictive means.

4 5 6

C.

As used in the Parents' Bill of Rights, "parent" means the

natural or adoptive parent or legal guardian of a minor child. SECTION 2.

NEW LAW

A new section of law to be codified

7

in the Oklahoma Statutes as Section 2002 of Title 25, unless there

8

is created a duplication in numbering, reads as follows:

9

A.

All parental rights are reserved to a parent of a minor

10

child without obstruction or interference from this state, any

11

political subdivision of this state, any other governmental entity

12

or any other institution, including, but not limited to, the

13

following rights:

14

1.

The right to direct the education of the minor child;

15

2.

All rights of parents identified in Title 70 of the Oklahoma

16

Statutes, including the right to access and review all school

17

records relating to the minor child;

18

3.

The right to direct the upbringing of the minor child;

19

4.

The right to direct the moral or religious training of the

20 21 22 23 24

minor child; 5.

The right to make healthcare decisions for the minor child,

unless otherwise prohibited by law; 6.

The right to access and review all medical records of the

minor child unless otherwise prohibited by law or the parent is the

ENGR. S. A. TO ENGR. H. B. NO. 1384

Page 3


1

subject of an investigation of a crime committed against the minor

2

child and a law enforcement official requests that the information

3

not be released;

4 5 6

7.

The right to consent in writing before a biometric scan of

the minor child is made, shared or stored; 8.

The right to consent in writing before any record of the

7

minor child's blood or deoxyribonucleic acid (DNA) is created,

8

stored or shared, except as required by Sections 1-516 and 1-524.1

9

of Title 63 of the Oklahoma Statutes, or unless authorized pursuant

10 11

to a court order; 9.

The right to consent in writing before the state or any of

12

its political subdivisions makes a video or voice recording of the

13

minor child, unless the video or voice recording is made during or

14

as a part of a court proceeding, by law enforcement officers during

15

or as part of a law enforcement investigation, during or as part of

16

a forensic interview in a criminal or Department of Human Services

17

investigation or to be used solely for any of the following:

18

a.

safety demonstrations, including the maintenance of

19

order and discipline in the common areas of a school

20

or on student transportation vehicles,

21

b.

22

a purpose related to a legitimate academic or extracurricular activity,

23

c.

a purpose related to regular classroom instruction,

24

d.

security or surveillance of buildings or grounds, and

ENGR. S. A. TO ENGR. H. B. NO. 1384

Page 4


1 2

e. 10.

a photo identification card; and

The right to be notified promptly if an employee of this

3

state, any political subdivision of this state, any other

4

governmental entity or any other institution suspects that a

5

criminal offense has been committed against the minor child by

6

someone other than a parent, unless the incident has first been

7

reported to law enforcement and notification of the parent would

8

impede a law enforcement or Department of Human Services

9

investigation.

This paragraph does not create any new obligation

10

for school districts and charter schools to report misconduct

11

between students at school, such as fighting or aggressive play,

12

that is routinely addressed as a student disciplinary matter by the

13

school.

14

B.

This section does not authorize or allow a parent to engage

15

in conduct that is unlawful or to abuse or neglect a child in

16

violation of the laws of this state.

17

construed to apply to a parental action or decision that would end

18

life.

19

officers or employees of a government agency responsible for child

20

welfare from acting in their official capacity within the reasonable

21

and prudent scope of their authority.

22

prohibit a court from issuing an order that is otherwise permitted

23

by law.

This section shall not be

This section does not prohibit courts, law enforcement

This section does not

24

ENGR. S. A. TO ENGR. H. B. NO. 1384

Page 5


1

C.

Any attempt to encourage or coerce a minor child to withhold

2

information from the child's parent shall be grounds for discipline

3

of an employee of this state, any political subdivision of this

4

state or any other governmental entity, except for law enforcement

5

personnel.

6

D.

Unless those rights have been legally waived or legally

7

terminated, parents have inalienable rights that are more

8

comprehensive than those listed in this section.

9

of Rights does not prescribe all rights of parents.

The Parents' Bill Unless

10

otherwise required by law, the rights of parents of minor children

11

shall not be limited or denied.

12

not be construed to apply to a parental action or decision that

13

would end life.

14

SECTION 3.

NEW LAW

The Parents' Bill of Rights shall

A new section of law to be codified

15

in the Oklahoma Statutes as Section 2003 of Title 25, unless there

16

is created a duplication in numbering, reads as follows:

17

A.

The board of education of a school district, in consultation

18

with parents, teachers and administrators, shall develop and adopt a

19

policy to promote the involvement of parents and guardians of

20

children enrolled in the schools within the school district,

21

including:

22

1.

A plan for parent participation in the schools which is

23

designed to improve parent and teacher cooperation in such areas as

24

homework, attendance and discipline;

ENGR. S. A. TO ENGR. H. B. NO. 1384

Page 6


1

2.

Procedures by which parents may learn about the course of

2

study for their children and review learning materials, including

3

the source of any supplemental educational materials;

4

3.

Procedures by which parents who object to any learning

5

material or activity on the basis that it is harmful may withdraw

6

their children from the activity or from the class or program in

7

which the material is used.

8

activity on the basis that it is harmful includes objection to a

9

material or activity because it questions beliefs or practices in

10 11

Objection to a learning material or

sex, morality or religion; 4.

If a school district offers any sex education curricula

12

pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or

13

pursuant to any rules adopted by the State Board of Education,

14

procedures to opt out of a school district from providing sex

15

education instruction to a child if the child's parent provides

16

written objection to the child's participation in the sex education

17

curricula;

18

5.

Procedures by which parents will be notified in advance of

19

and given the opportunity to withdraw their children from any

20

instruction or presentations regarding sexuality in courses other

21

than formal sex education curricula pursuant to Section 11-105.1 of

22

Title 70 of the Oklahoma Statutes;

23 24

6.

Procedures by which parents may learn about the nature and

purpose of clubs and activities that are part of the school

ENGR. S. A. TO ENGR. H. B. NO. 1384

Page 7


1

curriculum, as well as extracurricular clubs and activities that

2

have been approved by the school; and

3

7.

Procedures by which parents may learn about parental rights

4

and responsibilities under the laws of this state, including the

5

following:

6

a.

7

the right to opt out of a sex education curriculum if one is provided by the school district,

8

b.

open enrollment rights,

9

c.

the right to opt out of assignments pursuant to this

10 11

section, d.

the right to be exempt from the immunization laws of

12

the state pursuant to Section 1210.192 of Title 70 of

13

the Oklahoma Statutes,

14

e.

15 16

the promotion requirements prescribed in Section 1210.508E of Title 70 of the Oklahoma Statutes,

f.

the minimum course of study and competency

17

requirements for graduation from high school

18

prescribed in Section 11-103.6 of Title 70 of the

19

Oklahoma Statutes,

20

g.

the right to opt out of instruction on the acquired

21

immune deficiency syndrome pursuant to Section 11-

22

103.3 of Title 70 of the Oklahoma Statutes,

23

h.

the right to review test results,

24

ENGR. S. A. TO ENGR. H. B. NO. 1384

Page 8


1

i.

the right to participate in gifted programs pursuant

2

to Sections 1210.301 through 1210.308 of Title 70 of

3

the Oklahoma Statutes,

4

j.

the right to inspect instructional materials used in

5

connection with any research or experimentation

6

program or project pursuant to Section 11-106 of Title

7

70 of the Oklahoma Statutes,

8

k.

the right to receive a school report card,

9

l.

the attendance requirements prescribed in Section 10-

10 11

106 of Title 70 of the Oklahoma Statutes, m.

12 13

textbooks, n.

14 15

the right to be excused from school attendance for religious purposes,

o.

16 17

the right to public review of courses of study and

policies related to parental involvement pursuant to this section,

p.

the right to participate in parent-teacher

18

associations and organizations that are sanctioned by

19

the board of education of a school district, and

20

q.

the right to opt out of any data collection instrument

21

at the district level that would capture data for

22

inclusion in the state longitudinal student data

23

system except what is necessary and essential for

24

establishing a student's public school record.

ENGR. S. A. TO ENGR. H. B. NO. 1384

Page 9


1

B.

The board of education of a school district may adopt a

2

policy to provide to parents the information required by this

3

section in an electronic form.

4

C.

A parent shall submit a written request for information

5

pursuant to this section during regular business hours to either the

6

school principal at the school site or the superintendent of the

7

school district at the office of the school district.

8

(10) days of receiving the request for information, the school

9

principal or the superintendent of the school district shall either

Within ten

10

deliver the requested information to the parent or submit to the

11

parent a written explanation of the reasons for the denial of the

12

requested information.

13

the parent does not receive the requested information within fifteen

14

(15) days after submitting the request for information, the parent

15

may submit a written request for the information to the board of

16

education of a school district, which shall formally consider the

17

request at the next scheduled public meeting of the board if the

18

request can be properly noticed on the agenda.

19

cannot be properly noticed on the agenda, the board of education of

20

a school district shall formally consider the request at the next

21

subsequent public meeting of the board.

22

SECTION 4.

If the request for information is denied or

NEW LAW

If the request

A new section of law to be codified

23

in the Oklahoma Statutes as Section 2004 of Title 25, unless there

24

is created a duplication in numbering, reads as follows:

ENGR. S. A. TO ENGR. H. B. NO. 1384

Page 10


1

A.

Except as otherwise provided by law, no person, corporation,

2

association, organization, state-supported institution, or

3

individual employed by any of these entities may procure, solicit to

4

perform, arrange for the performance of, perform surgical

5

procedures, or perform a physical examination upon a minor or

6

prescribe any prescription drugs to a minor without first obtaining

7

a written consent of a parent or legal guardian of the minor.

8 9

B.

No hospital as defined in Section 1-701 of Title 63 of the

Oklahoma Statutes may permit surgical procedures to be performed

10

upon a minor in its facilities without first having received a

11

written consent from a parent or legal guardian of the minor.

12

C.

The provisions of this section shall not apply when it has

13

been determined by a physician that an emergency exists and that it

14

is necessary to perform such surgical procedures for the treatment

15

of an injury or drug abuse, or to save the life of the patient, or

16

when such parent or legal guardian cannot be located or contacted

17

after a reasonably diligent effort.

18

D.

The provisions of this section shall not apply to an

19

abortion, which shall be governed by the provisions of Sections 1-

20

740 through 1-740.6 and Sections 1-744 through 1-744.6 of Title 63

21

of the Oklahoma Statutes or any successor statute.

22 23

E.

A person who violates a provision of this section is guilty

of a misdemeanor, punishable by a fine of not more than One Thousand

24

ENGR. S. A. TO ENGR. H. B. NO. 1384

Page 11


1

Dollars ($1,000.00) or imprisonment of not more than one (1) year in

2

the county jail, or by both such fine and imprisonment.

3

SECTION 5.

NEW LAW

A new section of law to be codified

4

in the Oklahoma Statutes as Section 2005 of Title 25, unless there

5

is created a duplication in numbering, reads as follows:

6

A.

Except as otherwise provided by law or a court order, no

7

person, corporation, association, organization or state-supported

8

institution, or any individual employed by any of these entities,

9

may procure, solicit to perform, arrange for the performance of or

10

perform mental health evaluation in a clinical or nonclinical

11

setting or mental health treatment on a minor without first

12

obtaining the written or oral consent of a parent or a legal

13

guardian of the minor child.

14

through telemedicine, the health professional must verify the

15

identity of the parent at the site where the consent is given.

16

B.

If the parental consent is given

This section does not apply when an emergency exists that

17

requires a person to perform mental health screening or provide

18

mental health treatment to prevent serious injury to or save the

19

life of a minor child.

20

C.

A person who violates this section is guilty of a

21

misdemeanor, punishable by a fine of not more than One Thousand

22

Dollars ($1,000.00) or imprisonment of not more than one (1) year in

23

the county jail, or by both such fine and imprisonment.

24

SECTION 6.

This act shall become effective November 1, 2014."

ENGR. S. A. TO ENGR. H. B. NO. 1384

Page 12


1

Passed the Senate the 14th day of April, 2014.

2 3 Presiding Officer of the Senate

4 5 6

Passed the House of Representatives the ____ day of __________, 2014.

7 8 Presiding Officer of the House of Representatives

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

ENGR. S. A. TO ENGR. H. B. NO. 1384

Page 13


1

ENGROSSED HOUSE BILL NO. 1384

2 3 4

By: Kern, Hulbert, Fisher, Cockroft, Walker, Murphey, Blackwell and Bennett of the House and

5

Griffin and Shortey of the Senate

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

An Act relating to parental rights; creating the Parents' Bill of Rights; prohibiting the state from infringing upon parental rights unless certain criteria is met; defining term; listing rights which are reserved to the parent; providing exception; construing provision; proscribing limitation or denial of parental rights; restricting applicability in certain cases; directing the board of education of a school district to develop certain policy; providing items to be included in the policy; listing parental rights related to education; allowing board to provide policy in electronic form; requiring parent to submit a written request for information at certain time; directing principal or superintendent to deliver information within certain time; providing for written request to board in certain cases; directing board to consider request; prohibiting surgical procedure on minor without parental consent; providing exception; defining term; providing exception; prescribing penalty for violation; prohibiting mental health evaluation of minor without parental consent; providing exception; prescribing penalty for violation; providing for codification; and providing an effective date.

21 22 23

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

24

ENGR. H. B. NO. 1384

Page 1


1

SECTION 7.

NEW LAW

A new section of law to be codified

2

in the Oklahoma Statutes as Section 2001 of Title 25, unless there

3

is created a duplication in numbering, reads as follows:

4 5 6

A.

This act shall be known and may be cited as the "Parents'

Bill of Rights". B.

The liberty of parents to direct the upbringing, education,

7

health care and mental health of their children is a fundamental

8

right.

9

C.

This state, any political subdivision of this state or any

10

other governmental entity shall not infringe on these rights without

11

demonstrating that the compelling governmental interest as applied

12

to the child involved is of the highest order, is narrowly tailored

13

and is not otherwise served by a less restrictive means.

14 15 16

D.

As used in the Parents' Bill of Rights, "parent" means the

natural or adoptive parent or legal guardian of a minor child. SECTION 8.

NEW LAW

A new section of law to be codified

17

in the Oklahoma Statutes as Section 2002 of Title 25, unless there

18

is created a duplication in numbering, reads as follows:

19

A.

All parental rights are reserved to a parent of a minor

20

child without obstruction or interference from this state, any

21

political subdivision of this state, any other governmental entity

22

or any other institution, including, but not limited to, the

23

following rights:

24

1.

The right to direct the education of the minor child;

ENGR. H. B. NO. 1384

Page 2


1

2.

All rights of parents identified in Title 70 of the Oklahoma

2

Statutes, including the right to access and review all school

3

records relating to the minor child;

4

3.

The right to direct the upbringing of the minor child;

5

4.

The right to direct the moral or religious training of the

6 7 8 9

minor child; 5.

The right to make healthcare decisions for the minor child,

unless otherwise prohibited by law; 6.

The right to access and review all medical records of the

10

minor child unless otherwise prohibited by law or the parent is the

11

subject of an investigation of a crime committed against the minor

12

child and a law enforcement official requests that the information

13

not be released;

14 15 16

7.

The right to consent in writing before a biometric scan of

the minor child is made; 8.

The right to consent in writing before any record of the

17

minor child's blood or deoxyribonucleic acid (DNA) is created,

18

stored or shared, except as required by Sections 1-516 and 1-524.1

19

of Title 63 of the Oklahoma Statutes, or unless authorized pursuant

20

to a court order;

21

9.

The right to consent in writing before the state or any of

22

its political subdivisions makes a video or voice recording of the

23

minor child, unless the video or voice recording is made during or

24

as a part of a court proceeding, by law enforcement officers during

ENGR. H. B. NO. 1384

Page 3


1

or as part of a law enforcement investigation, during or as part of

2

a forensic interview in a criminal or Department of Human Services

3

investigation or to be used solely for any of the following:

4

a.

safety demonstrations, including the maintenance of

5

order and discipline in the common areas of a school

6

or on student transportation vehicles,

7

b.

8

a purpose related to a legitimate academic or extracurricular activity,

9

c.

a purpose related to regular classroom instruction,

10

d.

security or surveillance of buildings or grounds, and

11

e.

a photo identification card; and

12

10.

The right to be notified promptly if an employee of this

13

state, any political subdivision of this state, any other

14

governmental entity or any other institution suspects that a

15

criminal offense has been committed against the minor child by

16

someone other than a parent, unless the incident has first been

17

reported to law enforcement and notification of the parent would

18

impede a law enforcement or Department of Human Services

19

investigation.

20

for school districts and charter schools to report misconduct

21

between students at school, such as fighting or aggressive play,

22

that is routinely addressed as a student disciplinary matter by the

23

school.

This paragraph does not create any new obligation

24

ENGR. H. B. NO. 1384

Page 4


1

B.

This section does not authorize or allow a parent to engage

2

in conduct that is unlawful or to abuse or neglect a child in

3

violation of the laws of this state.

4

construed to apply to a parental action or decision that would end

5

life.

6

officers or employees of a government agency responsible for child

7

welfare from acting in their official capacity within the reasonable

8

and prudent scope of their authority.

9

prohibit a court from issuing an order that is otherwise permitted

10 11

This section shall not be

This section does not prohibit courts, law enforcement

This section does not

by law. C.

Any attempt to encourage or coerce a minor child to withhold

12

information from the child's parent shall be grounds for discipline

13

of an employee of this state, any political subdivision of this

14

state or any other governmental entity, except for law enforcement

15

personnel.

16

D.

Unless those rights have been legally waived or legally

17

terminated, parents have inalienable rights that are more

18

comprehensive than those listed in this section.

19

of Rights does not prescribe all rights of parents.

20

otherwise required by law, the rights of parents of minor children

21

shall not be limited or denied.

22

not be construed to apply to a parental action or decision that

23

would end life.

The Parents' Bill Unless

The Parents' Bill of Rights shall

24

ENGR. H. B. NO. 1384

Page 5


1

SECTION 9.

NEW LAW

A new section of law to be codified

2

in the Oklahoma Statutes as Section 2003 of Title 25, unless there

3

is created a duplication in numbering, reads as follows:

4

A.

The board of education of a school district, in consultation

5

with parents, teachers and administrators, shall develop and adopt a

6

policy to promote the involvement of parents and guardians of

7

children enrolled in the schools within the school district,

8

including:

9

1.

A plan for parent participation in the schools which is

10

designed to improve parent and teacher cooperation in such areas as

11

homework, attendance and discipline;

12

2.

Procedures by which parents may learn about the course of

13

study for their children and review learning materials, including

14

the source of any supplemental educational materials;

15

3.

Procedures by which parents who object to any learning

16

material or activity on the basis that it is harmful may withdraw

17

their children from the activity or from the class or program in

18

which the material is used.

19

activity on the basis that it is harmful includes objection to a

20

material or activity because it questions beliefs or practices in

21

sex, morality or religion;

22

4.

Objection to a learning material or

If a school district offers any sex education curricula

23

pursuant to Section 11-105.1 of Title 70 of the Oklahoma Statutes or

24

pursuant to any rules adopted by the State Board of Education,

ENGR. H. B. NO. 1384

Page 6


1

procedures to opt out of a school district from providing sex

2

education instruction to a child if the child's parent provides

3

written objection to the child's participation in the sex education

4

curricula;

5

5.

Procedures by which parents will be notified in advance of

6

and given the opportunity to withdraw their children from any

7

instruction or presentations regarding sexuality in courses other

8

than formal sex education curricula pursuant to Section 11-105.1 of

9

Title 70 of the Oklahoma Statutes;

10

6.

Procedures by which parents may learn about the nature and

11

purpose of clubs and activities that are part of the school

12

curriculum, as well as extracurricular clubs and activities that

13

have been approved by the school; and

14

7.

Procedures by which parents may learn about parental rights

15

and responsibilities under the laws of this state, including the

16

following:

17

a.

18

the right to opt out of a sex education curriculum if one is provided by the school district,

19

b.

open enrollment rights,

20

c.

the right to opt out of assignments pursuant to this

21 22

section, d.

the right to be exempt from the immunization laws of

23

the state pursuant to Section 1210.192 of Title 70 of

24

the Oklahoma Statutes,

ENGR. H. B. NO. 1384

Page 7


1

e.

2 3

the promotion requirements prescribed in Section 1210.508E of Title 70 of the Oklahoma Statutes,

f.

the minimum course of study and competency

4

requirements for graduation from high school

5

prescribed in Section 11-103.6 of Title 70 of the

6

Oklahoma Statutes,

7

g.

the right to opt out of instruction on the acquired

8

immune deficiency syndrome pursuant to Section 11-

9

103.3 of Title 70 of the Oklahoma Statutes,

10

h.

the right to review test results,

11

i.

the right to participate in gifted programs pursuant

12

to Sections 1210.301 through 1210.308 of Title 70 of

13

the Oklahoma Statutes,

14

j.

the right to inspect instructional materials used in

15

connection with any research or experimentation

16

program or project pursuant to Section 11-106 of Title

17

70 of the Oklahoma Statutes,

18

k.

the right to receive a school report card,

19

l.

the attendance requirements prescribed in Section 10-

20 21

106 of Title 70 of the Oklahoma Statutes, m.

22 23 24

the right to public review of courses of study and textbooks,

n.

the right to be excused from school attendance for religious purposes,

ENGR. H. B. NO. 1384

Page 8


1

o.

2

policies related to parental involvement pursuant to this section,

3

p.

the right to participate in parent-teacher

4

associations and organizations that are sanctioned by

5

the board of education of a school district, and

6

q.

the right to opt out of any data collection instrument

7

at the district level that would capture data for

8

inclusion in the state longitudinal student data

9

system except what is necessary and essential for

10 11

establishing a student's public school record. B.

The board of education of a school district may adopt a

12

policy to provide to parents the information required by this

13

section in an electronic form.

14

C.

A parent shall submit a written request for information

15

pursuant to this section during regular business hours to either the

16

school principal at the school site or the superintendent of the

17

school district at the office of the school district.

18

(10) days of receiving the request for information, the school

19

principal or the superintendent of the school district shall either

20

deliver the requested information to the parent or submit to the

21

parent a written explanation of the reasons for the denial of the

22

requested information.

23

the parent does not receive the requested information within fifteen

24

(15) days after submitting the request for information, the parent

ENGR. H. B. NO. 1384

Within ten

If the request for information is denied or

Page 9


1

may submit a written request for the information to the board of

2

education of a school district, which shall formally consider the

3

request at the next scheduled public meeting of the board if the

4

request can be properly noticed on the agenda.

5

cannot be properly noticed on the agenda, the board of education of

6

a school district shall formally consider the request at the next

7

subsequent public meeting of the board.

8 9 10 11

SECTION 10.

NEW LAW

If the request

A new section of law to be codified

in the Oklahoma Statutes as Section 2004 of Title 25, unless there is created a duplication in numbering, reads as follows: A.

Except as otherwise provided by law, no person, corporation,

12

association, organization, state-supported institution, or

13

individual employed by any of these entities may procure, solicit to

14

perform, arrange for the performance of, perform surgical

15

procedures, or perform a physical examination upon a minor or

16

prescribe any prescription drugs to a minor without first obtaining

17

a written consent of a parent or legal guardian of the minor.

18

B.

No hospital as defined in Section 1-701 of Title 63 of the

19

Oklahoma Statutes may permit surgical procedures to be performed

20

upon a minor in its facilities without first having received a

21

written consent from a parent or legal guardian of the minor.

22

C.

The provisions of this section shall not apply when it has

23

been determined by a physician that an emergency exists and that it

24

is necessary to perform such surgical procedures for the treatment

ENGR. H. B. NO. 1384

Page 10


1

of an injury or drug abuse, or to save the life of the patient, or

2

when such parent or legal guardian cannot be located or contacted

3

after a reasonably diligent effort.

4

D.

The provisions of this section shall not apply to an

5

abortion, which shall be governed by the provisions of Sections 1-

6

740 through 1-740.6 of Title 63 of the Oklahoma Statutes or any

7

successor statute.

8

E.

A person who violates a provision of this section is guilty

9

of a misdemeanor, punishable by a fine of not more than One Thousand

10

Dollars ($1,000.00) or imprisonment of not more than one (1) year in

11

the county jail, or by both such fine and imprisonment.

12

SECTION 11.

NEW LAW

A new section of law to be codified

13

in the Oklahoma Statutes as Section 2005 of Title 25, unless there

14

is created a duplication in numbering, reads as follows:

15

A.

Except as otherwise provided by law or a court order, no

16

person, corporation, association, organization or state-supported

17

institution, or any individual employed by any of these entities,

18

may procure, solicit to perform, arrange for the performance of or

19

perform mental health evaluation in a clinical or nonclinical

20

setting or mental health treatment on a minor without first

21

obtaining the written or oral consent of a parent or a legal

22

guardian of the minor child.

23

through telemedicine, the health professional must verify the

24

identity of the parent at the site where the consent is given.

ENGR. H. B. NO. 1384

If the parental consent is given

Page 11


1

B.

This section does not apply when an emergency exists that

2

requires a person to perform mental health screening or provide

3

mental health treatment to prevent serious injury to or save the

4

life of a minor child.

5

C.

A person who violates this section is guilty of a

6

misdemeanor, punishable by a fine of not more than One Thousand

7

Dollars ($1,000.00) or imprisonment of not more than one (1) year in

8

the county jail, or by both such fine and imprisonment.

9 10

SECTION 12.

This act shall become effective November 1, 2014.

Passed the House of Representatives the 19th day of February, 2014.

11 12 13

Presiding Officer of the House of Representatives

14 15

Passed the Senate the ___ day of __________, 2014.

16 17 Presiding Officer of the Senate

18 19 20 21 22 23 24

ENGR. H. B. NO. 1384

Page 12


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.