SF0117 • 2023

Parental rights in education.

AN ACT relating to education; specifying procedures and requirements for school districts to provide parents notice of information regarding students and the rights of parents to make decisions regarding their children; specifying that school districts cannot prohibit parental notification and involvement in critical decisions involving students; prohibiting classroom discussion about sexual orientation or gender identity as specified; specifying training requirements for school districts; specifying procedures for resolving parent concerns and complaints; specifying duties for school district boards of trustees and the state board of education; providing for a cause of action; requiring rulemaking; and providing for effective dates.

Children Education Parental Rights

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Senator Dockstader
Last action: 2024-10-09
Official status: active
Effective date: 3/1/2023

Plain English Breakdown

The official source material does not provide specific details on how schools will determine age-appropriateness for older students.

Parental Rights in Education

This act sets rules for schools to inform parents about their children's health and well-being, bans certain classroom discussions on sexual orientation and gender identity, and outlines procedures for handling parent complaints.

What This Bill Does

Requires school districts to notify parents immediately if there are changes in a student’s services or monitoring related to mental, emotional, or physical health.
Prohibits schools from teaching about sexual orientation and gender identity to students in grades K-3 or in ways that aren't age-appropriate for older students.
Allows parents to review their child's education and health records and gives them the right to be notified of any changes.
Requires school districts to adopt procedures for resolving parent complaints within 7 days, with a maximum resolution time of 30 days.

Who It Names or Affects

Parents and guardians
School districts and their boards of trustees

Terms To Know

Age-appropriate: Suitable for the age group of students being taught.

Limits and Unknowns

The bill does not specify what happens if a school district fails to comply with these requirements.
It is unclear how schools will determine whether discussions about sexual orientation or gender identity are age-appropriate for older students.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0117S2001

2nd reading • Senator Biteman

Adopted

Plain English: The amendment removes a specific part of the bill that previously prohibited certain procedures from being established.

Removes language in the bill that prevented school districts from creating particular procedures.

It is unclear what exact procedures were intended to be removed, as the amendment only specifies deletion without providing details about those procedures.

SF0117SW001

Committee of the Whole • Senator Biteman

Divided

Plain English: The amendment changes the bill to require immediate notification of parents or guardians about certain student information, removes some procedural requirements for schools, and adds prohibitions on specific policies.

Changes 'Adopt procedures for notifying' to 'Notify', requiring school districts to provide immediate notice to parents or guardians.
Removes the requirement that school districts adopt procedures under this section of the bill.
Adds a prohibition stating that schools cannot adopt any policies related to certain student information and decisions.
Modifies language to clarify prohibitions on actions by school districts.

The amendment text does not provide full context for all changes, making some implications unclear without the original bill's details.

SF0117SW001.01

Committee of the Whole • Senator Biteman

Corrected, Adopted

Changes 'Adopt procedures for notifying' to 'Notify', requiring school districts to provide immediate notice to parents or guardians.
Removes the requirement for school districts to adopt specific procedures under certain paragraphs of the bill.
Adds a prohibition against school districts adopting policies that would restrict parental involvement in decisions about their children.

The amendment text does not provide full details on what kind of student information must be notified or how parents can make critical decisions, which limits understanding of the bill's concrete changes.

SF0117SW001.02

Committee of the Whole • Senator Biteman

Corrected, Failed

Plain English: The amendment removes lines 4 through 9 from page 3 of the bill.

Removes specific lines (lines 4 through 9) on page 3 of the bill.

Without seeing the content of lines 4 through 9, it's unclear what exactly is being removed and how this affects the overall meaning or requirements of the bill.

SF0117SW002

Committee of the Whole • Senator Biteman

Adopted

Plain English: This amendment changes specific sections of a bill to adjust how school districts handle parent complaints and student health services, among other procedural details.

Removes certain provisions related to parental rights and replaces them with new procedures for handling parent complaints and guidelines for student instruction and health services.
Updates references in the text from letters like (d), (e), etc., to ensure proper numbering after deletions.

The amendment's technical nature makes it hard to fully explain without context of the original bill sections being modified.
Some details about what exactly is deleted and how it affects other parts of the bill are not clear from this text alone.

SF0117SS001

Standing Committee • Senate Education Committee

Adopted

Plain English: The amendment modifies the bill to allow school districts to withhold information from parents if disclosing it could lead to abuse or neglect of a student.

Removes specific language about parental notification and involvement in critical decisions involving students.
Adds new provisions allowing schools to withhold information from parents if disclosure would reasonably be believed to result in abuse or neglect as defined by Wyoming state law.

The exact details of how this amendment will affect the implementation of parental rights and student well-being are not fully explained in the provided text.

Bill History

2024-10-09 House
H Introduced and Referred to H01 - Judiciary
2023-02-24 House
H Did not Consider for Introduction
2023-02-21 House
H Pursuant to HR 4-7(b) Suspension of Rules Failed by Roll Call 27-34-1-0-0
2023-02-21 House
H Pursuant to HR 4-7(b) Suspension of Rules Failed by Roll Call 27-34-1-0-0
2023-01-27 House
H Received for Introduction
2023-01-27 Senate
S 3rd Reading:Passed 18-12-1-0-0
2023-01-26 Senate
S 2nd Reading:Passed
2023-01-25 Senate
S COW:Passed
2023-01-24 Senate
S Placed on General File
2023-01-24 Senate
S04 - Education:Recommend Amend and Do Pass 4-1-0-0-0
2023-01-16 Senate
S Introduced and Referred to S04 - Education
2023-01-16 Senate
S Received for Introduction
2023-01-13 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

23LSO-0156
2023
STATE OF WYOMING
23LSO-0156
ENGROSSED
3.0

SENATE FILE NO. SF0117

Parental rights in education.

Sponsored by: Senator(s) Dockstader and Representative(s) Allred

A BILL

for

AN ACT relating to education; specifying procedures and requirements for school districts to provide parents notice of information regarding students and the rights of parents to make decisions regarding their children; specifying that school districts cannot prohibit parental notification and involvement in critical decisions involving students; prohibiting classroom discussion about sexual orientation or gender identity as specified; specifying training requirements for school districts; specifying procedures for resolving parent concerns and complaints; specifying duties for school district boards of trustees and the state board of education; providing for a cause of action; requiring rulemaking; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 21
‑
3
‑
134 is created to read:

21
‑
3
‑
134.

Parental notices related to health care and gender instruction; student welfare; procedures; school district prohibitions.

(a)

No school district shall permit classroom instruction by teachers or any other person on sexual orientation and gender identity:

(i)

For students in grades kindergarten through three (3); or

(ii)

In a manner that is not age appropriate or developmentally appropriate for students in accordance with standards established by the state board of education.

(b)

Each school district board of trustees shall:

(i)

Notify a student's parent or guardian immediately if there is a change in the student's services or monitoring related to the student's mental, emotional or physical health or well
‑
being and the school's ability to provide a safe and supportive learning environment for the student. Procedures adopted under this paragraph shall reinforce the fundamental right of parents to make decisions regarding the care and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his well
‑
being with his parent or guardian or to facilitate discussion with the parent;

(ii)

Not prohibit parents or guardians from accessing any of their student's education and health records created, maintained or used by the school district;

(iii)

Not adopt any policies or procedures that prohibit school district personnel from notifying a student's parent or guardian about the student's mental, emotional or physical health or well
‑
being, a change in related services or monitoring;

(iv)

Not adopt procedures that encourage or have the effect of encouraging a student to withhold from a parent or guardian information about the student's mental, emotional or physical health or well
‑
being.

(c)

Effective school year 2023
‑
2024 and each school year thereafter, at the beginning of each school year each school district shall notify parents and guardians of each health care service offered or provided at the student's school and provide the option for the parent or guardian to withhold consent or decline any specific health care service. Parental or guardian consent to a health care service shall not waive the parent's or guardian's right to access his student's educational or health care records or to be notified in a change in his student's services or monitoring.

(d)

Before administering a student well
‑
being questionnaire or health screening to a student in grades kindergarten through three (3), each school district shall provide the questionnaire or information on the health screening to the parent or guardian and obtain the parent's or guardian's permission.

(e)

Each school district shall adopt procedures for a parent or guardian to file a complaint with the school district regarding a school district's non
‑
compliance with this section, in accordance with the following:

(i)

Notwithstanding W.S. 21
‑
2
‑
101, to the extent that any provision of this subsection conflicts with the Wyoming Administrative Procedure Act, this subsection and any rules promulgated thereunder shall control;

(ii)

A parent or guardian filing a complaint shall provide a copy of the complaint to the principal or the principal's designee;

(iii)

The procedures shall provide that any complaint submitted under this subsection shall be resolved within seven (7) days of the submission of the complaint;

(iv)

If a complaint is not resolved by the school district within thirty (30) days after submission of the complaint, the school district shall resolve the complaint or provide to the parent or guardian a statement of reasons for why the school district has not yet resolved the complaint;

(v)

If a complaint is not resolved after a statement of reasons is provided as required by paragraph (iv) of this subsection, a parent or guardian may:

(A)

Request a hearing on the complaint before an independent hearing officer through the office of administrative hearings, who shall determine facts relating to the dispute over the school district's compliance with this section, consider information provided by the school district and render a recommended decision within thirty (30) days after receiving the request to the state board of education. The state board of education shall accept or reject the hearing officer's recommended decision at its next regularly scheduled meeting or within thirty (30) days after the date the recommended decision is submitted to the state board, whichever is earlier. The costs of the hearing and the hearing officer shall be borne by the school district;

(B)

Bring an action against the school district to obtain a declaratory judgment that the school district has violated this section and to seek injunctive relief. A court may award damages and shall award reasonable attorney fees to a parent or guardian who substantially prevails in an action brought under this subparagraph.

(vi)

Each school district shall adopt procedures to notify parents of the rights and procedures available to parents under this subsection;

(vii)

Nothing in this subsection shall be construed to abridge any other rights or remedies under law available to parents.

(f)

This section shall be implemented by each school district in accordance with W.S. 14
‑
2
‑
206.

(g)

Nothing in this section shall prohibit a school district from adopting procedures that authorize school district personnel to withhold from disclosing to a parent or guardian information about the student's mental, emotional or physical health or well
‑
being if a reasonably prudent person would believe that disclosure would result in abuse as defined by W.S. 14
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3
‑
202(a)(ii) or neglect as defined by W.S. 14
‑
3
‑
202(a)(vii).

Section 2.

W.S. 21
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2
‑
304(a) by creating a new paragraph (xviii) and 21
‑
3
‑
110(a) by creating a new paragraph (xl) are amended to read:

21
‑
2
‑
304.

Duties of the state board of education.

(a)

The state board of education shall:

(xviii)

Adopt procedures and guidelines for the resolution of parent complaints in accordance with W.S. 21
‑
3
‑
134.

21
‑
3
‑
110.

Duties of boards of trustees.

(a)

The board of trustees in each school district shall:

(xl)

Adopt procedures and guidelines regarding student instruction and the provision of services associated with student health and well
‑
being in accordance with W.S. 21
‑
3
‑
134.

Section 3.

Not later than July 1, 2023, each school district board of trustees shall establish procedures, guidelines and standards in accordance with this act and any rules or policies promulgated by the state board of education in accordance with this act.

Section 4
.

(a)

Except as provided in subsection (b) of this section, this act is effective July 1, 2023
.

(b)

Sections 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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SF0117