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24LSO-0037
2024
STATE OF WYOMING
24LSO-0037
Numbered
2.0
HOUSE BILL NO. HB0190
Parental rights in education.
Sponsored by: Representative(s) Bear, Andrew, Angelos, Haroldson, Heiner, Hornok, Jennings, Knapp, Neiman, O'Hearn, Ottman, Penn, Singh, Slagle, Smith, Strock, Styvar, Ward and Winter and Senator(s) Biteman, Boner, Dockstader, Hutchings, Ide and Steinmetz
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; providing definitions; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 21
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3
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135 is created to read:
21
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3
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135.
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 twelve (12); 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 the student indicates that they wish to change their name, pronoun, title or word to identify the student in a manner that is inconsistent with the student's biological sex;
(ii)
Notify a student's parent or guardian immediately if there is a change in the student's services related to the student's mental, emotional or physical health or well
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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
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being with his parent or guardian or to facilitate discussion with the parent;
(iii)
Unless disclosure is prohibited by other law, not prohibit parents or guardians from accessing any of their student's education and health records created, maintained or used by the school district;
(iv)
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
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being, or a change in related services;
(v)
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
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being.
(c)
Effective school year 2024
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2025 and each school year thereafter, at the beginning of each school year each school district shall notify parents and guardians of 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.
(d)
Before administering a student well
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being questionnaire or health screening to a student in grades kindergarten through twelve (12), 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)
As used in this section:
(i)
"Health care service" means any service provided by a health care provider licensed by the state;
(ii)
"Health screening" means the acquisition, analysis and delivery of health related data of students to aid in determining the need for medical services. A "health screening" does not include medical services in response to a medical emergency;
(iii)
"Well
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being questionnaire" means a survey administered to students to assess a student's overall well
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being and physical, mental or emotional health.
(f)
Each school district shall adopt procedures to notify parents or guardians of the rights and procedures available to parents under this section.
(g)
Nothing in this subsection shall be construed to abridge any other rights or remedies under law available to parents and guardians.
(h)
This section shall be implemented by each school district in accordance with W.S. 14
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2
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206 and in compliance with federal law as applicable.
(j)
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
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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
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202(a)(ii) or neglect as defined by W.S. 14
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3
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202(a)(vii).
(k)
An attorney acting on behalf of a public school may request a legal opinion from the county attorney or may request that the state superintendent of public instruction request a legal opinion from the attorney general as to whether a proposed action by the school district would violate this section.
(m)
A teacher or administrator who violates this section shall be subject to disciplinary action under W.S. 21
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7
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110.
(n)
The county attorney for the county in which an alleged violation of this section occurs or the attorney general may initiate a suit in the district court in the county in which the teacher, administrator, school district or state agency is located for the purpose of enforcing this section. For each violation of this section, including subsequent or continued violations, the court may impose a civil penalty not to exceed five thousand dollars ($5,000.00) per teacher, administrator, school district or state agency per violation of this section.
(o)
A person aggrieved by an alleged violation of this section shall have a private cause of action against any teacher, administrator, school district or state agency for damages arising from the alleged violation. Notwithstanding any other provision of law, no teacher, administrator, school district or state agency shall be immune from liability for a violation of this section. The aggrieved person may bring an action in district court in the county in which the teacher, administrator, school district or state agency is located.
Section 2.
W.S. 21
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3
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110(a) by creating a new paragraph (xlii) and 21
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7
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110(a)(viii), by creating a new paragraph (ix) and by renumbering (ix) as (x) are amended to read:
21
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3
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110.
Duties of boards of trustees.
(a)
The board of trustees in each school district shall:
(xlii)
Adopt procedures and guidelines regarding student instruction and the provision of services associated with student health and well
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being in accordance with W.S. 21
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3
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135.
21
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7
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110.
Suspension or dismissal of teachers; notice; hearing; independent hearing officer; board review and decision; appeal.
(a)
The board may suspend or dismiss any teacher, or terminate any continuing contract teacher, for any of the following reasons:
(viii)
Conviction of a felony;
and
(ix)
Violation of W.S. 21
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3
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135; and
(ix)
(x)
Any other good or just cause relating to the educational process.
Section 3.
Not later than July 1, 2024, 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, 2024
.
(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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HB0190