parents' bill of rights; remedies

HB2249 - 572R - S Ver

Senate Engrossed
House Bill

parents' bill of
rights; remedies

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2249

AN
ACT

amending section 1-602, Arizona
Revised Statutes; relating to the parents' bill of rights.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 1-602, Arizona Revised
Statutes, is amended to read:

START_STATUTE
1-602.

Parents' bill of rights; governmental interference restricted;
burden of proof; civil actions; definitions

A. All parental rights are exclusively reserved to a
parent of a minor child without obstruction or interference from this state,
any political subdivision of this state, any other governmental entity or any
other institution, including:

1. The right to direct the education of the minor
child.

2. All rights of parents identified in title 15,
including the right to access and review all records relating to the minor
child.

3. The right to direct the upbringing of the minor
child.

4. The right to direct the moral or religious
training of the minor child.

5. The right to make all health care decisions for
the minor child, including rights pursuant to sections 15-873, 36-2271
and 36-2272, unless otherwise prohibited by law.

6. The right to request, access and review all
written and electronic medical records of the minor child unless otherwise
prohibited by law or unless the parent is the subject of an investigation of a
crime committed against the minor child and a law enforcement official requests
that the information not be released.

7. The right to consent in writing before a
biometric scan of the minor child is made pursuant to section 15-109.

8. The right to consent in writing before any record
of the minor child's blood or deoxyribonucleic acid is created, stored or
shared, except as required by section 36-694, or before any genetic
testing is conducted on the minor child pursuant to section 12-2803
unless authorized pursuant to section 13-610 or a court order.

9. The right to consent in writing before this state
or any of its political subdivisions makes a video or voice recording of the
minor child, unless the video or voice recording is made during or as a part of
a court proceeding, by law enforcement officers during or as part of a law
enforcement investigation, during or as part of an interview in a criminal or
child safety services investigation or to be used solely for any of the
following:

(a) Safety demonstrations, including the maintenance
of order and discipline in the common areas of a school or on pupil
transportation vehicles.

(b) A purpose related to a legitimate academic or
extracurricular activity.

(c) A purpose related to regular classroom
instruction.

(d) Security or surveillance of buildings or
grounds.

(e) A photo identification card.

10. The right to be notified promptly if an employee
of this state, any political subdivision of this state, any other governmental
entity or any other institution suspects that a criminal offense has been
committed against the minor child by someone other than a parent, unless the
incident has first been reported to law enforcement and notifying the parent
would impede a law enforcement or child safety services investigation. This
paragraph does not
create

establish
any
new obligation for school districts and charter schools to report misconduct
between students at school, such as fighting or aggressive play, that is
routinely addressed as a student disciplinary matter by the school.

11. The right to obtain information about a child
safety services investigation involving the parent pursuant to section 8-807.

12. The right to consent in writing
and be informed if any school employee facilitates or implements any form of
social transitioning for the minor child, including addressing or referring to
the minor child by a name or nickname other than the minor child's legal name
or a natural derivative of that name or referring to the minor child using
pronouns, titles or personal identifiers that do not align with the minor
child's sex.�
A school district or school employee may
not facilitate or implement any form of social transitioning for a minor child
without the written consent of each of the parents of the minor child.

13. IN addition to the requirements
prescribed in paragraph 2 of this subsection, the right to request, review and
access the minor child's complete EDUCATIONal record. A school
employee may not withhold information from a parent regarding the parent's
minor child, including any information in the minor child's educational record
regarding the minor child's physical, emotional, mental or academic well-being.

B. This section does not authorize or allow a parent
to engage in conduct that is unlawful or to abuse or neglect a child in
violation of the laws of this state. This section does not prohibit
courts, law enforcement officers or employees of a government agency
responsible for child welfare from acting in their official capacity within the
scope of their authority. This section does not prohibit a court from issuing
an order that is otherwise allowed by law.

C. Any attempt to
facilitate,
encourage
or coerce
or any completed act that facilitates, encourages or
coerces
a minor child to withhold information from the child's parent is
grounds for discipline of an employee of this state, any political subdivision
of this state, any other governmental entity or any other institution, except
for law enforcement personnel
who have probable cause to believe
that a crime was committed by the minor child's parent and who withholds that
information in the course of an investigation of that crime
.
This state, a political subdivision of this state, a governmental
entity or an institution may not maintain a policy that allows an employee to
facilitate, encourage or coerce a minor child to withhold information from the
minor child's parent.

D. Unless those rights have been legally waived or
legally terminated, parents have inalienable rights that are more comprehensive
than those listed in this section. This chapter does not prescribe
all rights of parents or preempt or foreclose claims or remedies in support of
parental rights that are available under the constitution, statutes or common
law of this state. Unless otherwise required by law, the rights of parents of
minor children shall not be limited or denied.

E. Except as prescribed in subsections F and
G

H
of this section, this state, a
political subdivision of this state or any other governmental entity, or any
official of this state, a political subdivision of this state or any other
governmental entity acting under color of law, shall not interfere with or
usurp the fundamental right of parents to direct the upbringing, education,
health care and mental health of their children.� A parent may bring suit
against a governmental entity or official described in this subsection based on
any violation of the statutory rights set forth in this chapter or any other
action that interferes with or usurps the fundamental right of parents to
direct the upbringing, education, health care and mental health of their children
in the superior court in the county in which the violation or other action
occurs or in federal court, if authorized by federal law, or before an
administrative tribunal of appropriate jurisdiction.� A parent may raise a
violation of this chapter as a claim or a defense.�
In any
action brought under this section, a showing of a violation of the rights
guaranteed or recognized by this section establishes a rebuttable presumption
of irreparable harm.

F. In any action under subsection E of this section,
the governmental entity or official described in subsection E of this section
has the burden of proof to demonstrate both of the following:

1. That the interference or usurpation is essential
to accomplish a compelling government interest of the highest order, as long
recognized in the history and traditions of this state in the operation of its
regulatory powers.

2. That the method of interference or usurpation
used by the government is narrowly tailored and is not otherwise served by a
less restrictive means.

G. This state, any political
subdivision of this state or any official acting under color of law expressly
waives all claims to sovereign, qualified or discretionary immunity for any
violation of this section.

G.

H.
A
governmental entity or official described in subsection E of this section may
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 governmental entity or official successfully demonstrates both elements
described in subsection F of this section. If the governmental entity or
official is unsuccessful, the court shall grant appropriate relief,
such as

including
declaratory or
injunctive relief, compensatory damages and attorney fees, based on the facts
of the case and the law as applied to the facts.
� At a minimum,
the governmental entity is liable to the minor child's parent in an amount of
$500,000
for each instance of interfering with or
usurping a fundamental right, and a government official is personally liable to
the minor child's parent in an amount of $20,000 for each instance of
interfering with or usurping a fundamental right. A governmental
entity that employs the official may not indemnify an offending official and
may not use public monies to pay for the official's liability.� The right to
sue belongs individually to each of the minor child's parents
, and one parent may file suit even if the minor child's other parent
does not consent to the action.

I. In addition to subsection
H of this section, A minor child's parent may bring suit against an
employee who has or who has attempted to facilitate, encourage or coerce a
minor child to withhold information from the minor child's parent.� At a
minimum, An employee who is found liable is personally liable in an AMOUNT of
$20,000
FOR EACH INSTANCE IN WHICH INFORMATION WAS
WITHHELD FROM THE MINOR CHILD'S PARENT, and A governmental entity that employs
the employee may not indemnify an offending employee and may not use public
monies to pay for the employee's liability.� A parent may bring suit against
this state, any POLITICAL subdivision of this state or any other governmental
entity or institution that maintains a POLICY that allows the facilitation,
encouragement or coercion by the employee of a minor child to withhold
information from the minor child's parent. At a minimum, the governmental
entity or institution that maintained the POLICY is liable to the minor child's
parent for $500,000 for each
instance
in which information was withheld from the minor child's parent. The
right to sue belongs individually to each of the minor child's parents
, and one parent may file suit even if the minor child's other parent
does not consent to the action. The statute of limitations for an action
commenced pursuant to this subsection is five years after the conduct ceased
and the minor child's parent became aware of the conduct.

J. A minor child's parent may
DEMONSTRATE that a governmental entity or institution maintained a policy of
facilitating, encouraging or coercing a minor child to withhold information
from the minor child's parent through any of the following:

1. Written documents that are
maintained by the governmental entity or institution, including as guidance or
policy documents, emails, memoranda or spreadsheets.

2. Demonstrating that a person who
has supervisory authority in the governmental entity or institution required or
recommended that employees engage in the conduct.

3. Demonstrating that the governmental
entity's or institution's employees REGULARLY engaged in the conduct.�
a cause of action accrues separately for each instance of
facilitating, encouraging or coercing a minor child to withhold information
from the minor child's parent. �Failing to abide by a parent's express request
or hiding the issue from a parent constitutes a separate violation that
triggers a new accrual date, regardless of when the parent first suspected a
social transition was occurring.

K. Within six months after the
effective date of this amendment to this section, this state, a political
subdivision of this state or a governmental entity or institution, including an
educational institution,
HAS AN AFFIRMATIVE DUTY TO
INVESTIGATE AND DISCOVER ALL PREVIOUS INSTANCES IN WHICH IT or an employee of
this state, a POLITICAL subdivision of this state or a governmental entity or
institution facilitated, encouraged or coerced, or attempted to facilitate,
encourage or coerce, a minor child to withhold information from the minor
child's parent before the effective date of this amendment to this section
. THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL
ENTITY OR INSTITUTION, INclUDING AN EDUCATIONAL INSTITUTION, OR AN EMPLOYEE OF
THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR
INSTITUTION WHO FACILITATED, ENCOURAGED OR COERCED, OR ATTEMPTED TO FACILITATE,
ENCOURAGE OR COERCE, A MINOR CHILD TO WITHHOLD INFORMATION FROM THE MINOR
CHILD'S PARENT BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION
shall disclose
any known offending action to the minor
child's parent. �this state, a political subdivision of this state or a
governmental entity or institution, including an educational institution, or an
employee of this state, a POLITICAL subdivision of this state or a governmental
entity or institution is civilly liable to the parent of a minor child for any
violation that was not disclosed pursuant to this subsection
IF THE VIOLATION WAS ACTUALLY KNOWN OR WOULD HAVE BEEN DISCOVERED WITH
REASONABLE DILIGENCE AND INVESTIGATION.� this state, a political subdivision of
this state or a governmental entity or institution, including an educational
institution, is liable to the minor child's parent for at least $500,000 for
each
instance that was not disclosed to the minor child's
parent.� An employee of this state, a POLITICAL subdivision of this state or a
governmental entity or institution is personally liable to the minor child's
parent for at least $20,000 for each
instance that was
not disclosed to the minor child's parent. A governmental entity or
institution may not indemnify an offending employee and may not use public
monies to pay for the employee's liability or an insurance policy to cover the
civil liability.

H.

L.
For
the purposes of this section
:
,

1. "DISTINCT ACT OR
OMISSION" MEANS AN ACT OR OMISSION THAT DIFFERS FROM ANOTHER ACT OR
OMISSION IN ONE OF THE FOLLOWING WAYS:

(
a
) THE
GOVERNMENTAL ENTITY OR OFFICIAL WHO PERFORMED OR DIRECTED THE ACT OR OMISSION
IS DIFFERENT.

(
b
) THE
SPECIFIC FUNDAMENTAL RIGHT THAT IS INVOLVED IS DIFFERENT.

(
c
) THE
OCCASION OR EPISODE DURING WHICH THE ACT OR OMISSION OCCURRED IS DIFFERENT AND
THERE IS NOT A SINGLE, CONTINUOUS, UNINTERRUPTED EXERCISE OF AUTHORITY.

(
d
) THE ACT OR
OMISSION OCCURRED AFTER THE GOVERNMENTAL ENTITY OR OFFICIAL RECEIVED ACTUAL OR
CONSTRUCTIVE NOTICE, WHETHER THROUGH A WRITTEN DEMAND, A PREVIOUS COURT ORDER
OR AN EXPRESS ORAL OR WRITTEN OBJECTION FROM THE MINOR CHILD'S PARENT.

2. "Educational record"
includes attendance records, test scores from school-administered tests
and statewide assessments, grades, EXTRACURRICULAR activity or club
participation records, email account records, online or virtual accounts or
data, disciplinary records, counseling records, psychological records,
applications for admission, health and immunization information, including any
medical records maintained by a health clinic or medical facility that is
operated or controlled by a school district or that is located on school
DISTRICT property, teacher and counselor evaluations, reports of the minor
child's behavioral patterns, therapy notes and treatment plan.

3. "Instance" means each
SEPARATE ACT OR OMISSION THAT INTERFERES WITH OR USURPS A FUNDAMENTAL
RIGHT EXCEPT THAT EACH DISTINCT ACT OR OMISSION BEYOND THE FIRST ACT OR
OMISSION CONSTITUTES AN ADDITIONAL INSTANCE, UNLESS IT IS BY THE SAME
GOVERNMENTAL ENTITY OR OFFICIAL ENGAGING IN REPEATED ACTS OF THE SAME NATURE,
DIRECTED AT THE SAME MINOR CHILD AND THE SAME FUNDAMENTAL RIGHT AND OCCURS
WITHIN A SINGLE SCHOOL YEAR OR A TWELVE-MONTH PERIOD, THEN THE REPEATED ACTS
CONSTITUTE A MINIMUM OF ONE INSTANCE PER SCHOOL YEAR OR TWELVE-MONTH PERIOD.

4.
"Parent" means
the natural or adoptive parent or legal guardian of a minor child.

5. "Social transitioning"
means the process in which a person goes from identifying with and living as a
gender that corresponds to the person's sex to identifying with and living as a
gender that is DIFFERENT from the person's sex and may involve social, legal or
physical changes.

6. "Withold":

(
a
) MEANS TO
KNOWINGLY FAIL TO DISCLOSE, CONCEAL OR PREVENT THE COMMUNICATION OF INFORMATION
TO A PARENT, WHETHER BY AN AFFIRMATIVE ACT OF CONCEALMENT, BY DECLINING TO
RESPOND TO A PARENT'S INQUIRY OR BY OMITTING INFORMATION FROM A COMMUNICATION
WITH THE PARENT IF THE GOVERNMENTAL ENTITY OR EMPLOYEE KNOWS OR REASONABLY
SHOULD HAVE KNOWN THAT THE PARENT WAS ENTITLED TO THAT INFORMATION PURSUANT TO
THIS SECTION.

(
b
) DOES NOT
INCLUDE A GOOD FAITH DELAY IN PROVIDING INFORMATION THAT IS PENDING
VERIFICATION OF THE INFORMATION'S ACCURACY IF THE INFORMATION IS DISCLOSED TO
THE PARENT WITHIN A REASONABLE TIME AND NOT LATER THAN FIVE BUSINESS DAYS AFTER
THE GOOD FAITH DELAY BEGINS.
END_STATUTE