Protection for Parents' Rights
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Bill Summary - 24LSO-0111 Bill No.: HB0092 Effective: 7/1/2024 LSO No.: 24LSO-0111 Enrolled Act No.: HEA No. 0055 Chapter No.: 110 Prime Sponsor: Stith Catch Title: Protection of parental rights. Has Report: No Subject: Protection of parental rights. Summary/Major Elements: This act specifies that a parent's fundamental right to the care, custody and control of their child shall also apply to any state or local education agency, school district, board of trustees, commission or school under title 21 of the Wyoming statutes regarding communication or disclose to a parent about the parent's unemancipated child. This act provides that the board of trustees of each school district shall require communication and disclosure to a parent or guardian regarding their student to ensure the protection of a parent's fundamental right to the care, custody and control of their child. The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.
Public statements
Last checked Aug 11, 6:23 PM
Why they voted this way
The lawmaker supports the bill because it clarifies that existing parental rights statutes apply to K-12 schools, even though a provision allowing parents to sue school districts was removed.
R · S02
Why they voted this way
The lawmaker supports the bill because it achieves the primary sponsor's goals while removing language regarding a private right of action, which they view as a proper compromise.
Why they voted this way
The lawmaker opposes concurring with Senate amendments because they remove an immunity clause from the Wyoming Governmental Claims Act, which affects parental rights protections.
R · S25
Why they voted this way
The lawmaker supports the bill because it clarifies that schools cannot act as intermediaries between parents and their children, ensuring parents maintain a direct relationship with their child.
R · S27
Why they voted this way
The lawmaker explains that the committee passed the bill because it addresses a specific legal gap where courts previously ruled parental rights statutes do not apply to education laws.
R · H36
Why they voted this way
The lawmaker questions the amendment by distinguishing between reporting actual abuse versus speculating that disclosure might cause future harm, noting no mandatory reporting trigger exists if no abuse has occurred.
H33
Why they voted this way
The lawmaker opposes the amendment, arguing it interferes in parent-child relationships and could allow teachers to withhold information based on a fear that an upset parent might abuse their child.
R · H40
Why they voted this way
The lawmaker opposes striking the amendment, fearing that removing the language could prevent law enforcement from effectively investigating real abuse cases.
Why they voted this way
The lawmaker supports striking the amendment to protect parental rights, arguing that existing broad laws have already led to lawsuits and families need protection from schools withholding information.
R · H18
Why they voted this way
The lawmaker supports striking the amendment because it contradicts the bill's purpose of increasing parental rights by allowing schools to withhold information, and intervening in an active lawsuit is inappropriate.
H42
Why they voted this way
The lawmaker supports striking the amendment because its broad language could allow teachers with good intentions to withhold information, creating an unnecessary disconnect between parents and schools.
Why they voted this way
The lawmaker opposes striking the amendment, arguing it allows locally elected school boards to establish procedures that best fit their specific districts regarding parent-school interactions.
R · H50
Why they voted this way
The lawmaker supports striking the amendment because it assumes school personnel know better than parents, which contradicts fundamental parental rights.
D · H13
Why they voted this way
The lawmaker opposes the amendment because it attempts to favor one side of an existing lawsuit, similar to how a previous amendment favored the other side.
Why they voted this way
The lawmaker opposes the amendment because it places a financial burden on school districts by allowing parents to seek money in addition to stopping policy violations.
R · H12
Why they voted this way
The lawmaker supports the amendment because he personally experienced a situation where his son was harmed by restraint and had no legal recourse.
Why they voted this way
The lawmaker supports the amendment because it clarifies that parents can seek damages for violations of their fundamental rights, which is necessary given the state's deep pockets.
Why they voted this way
The lawmaker supports the amendment because school districts that do not usurp parental rights would have nothing to worry about, and damages must be proven in court.
R · H04
Why they voted this way
The lawmaker supports the amendment as a common-sense protection for families to recover costs if damages are incurred due to a breach of parental rights.
Why they voted this way
The lawmaker opposes the amendment because existing court rulings limit the statute's scope to Title 14, and adding a private right of action would encourage unnecessary lawsuits against school districts for monetary damages.
H33
Why they voted this way
The lawmaker supports the amendment, arguing that families cannot afford to sue and need financial penalties ('teeth') to ensure school districts pay attention to parental rights.
Why they voted this way
The lawmaker supports the amendment because schools were not listening to parents, and adding a cause of action provides necessary clarity and actual relief for families.
Why they voted this way
The lawmaker believes the current parental rights statute is already clear and sufficient, arguing that this bill creates unnecessary judicial problems rather than solving issues.
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Changes
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The amendment allows schools to withhold information from parents about their child's health and well-being if they believe sharing the information could lead to abuse or neglect.
The amendment adds provisions to protect parents' rights and allows them to sue if their rights are violated by the government.
The amendment removes a previous amendment that was added during the second reading of HB0092.
The amendment adds provisions to create a civil cause of action and exceptions to the Wyoming Governmental Claims Act when parental rights are violated.
The amendment removes specific lines and references from the bill text to modify parental rights protections.
The amendment modifies HB0092 to include provisions for parents to sue if their rights are violated and clarifies certain legal protections.
The amendment removes specific language about courts and certain legal references from the bill text.
The amendment adds the word 'unemancipated' before the term 'parent's' in a specific section of HB0092.