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REFERENCE TITLE: parental rights |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SCR 1048 |
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Introduced by Senators Gray C, Pearce R: Allen S, Gould, Harper, Verschoor
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A CONCURRENT RESOLUTION
proposing an amendment to the constitution of arizona; amending article II, CONSTITUTION of arizona, by adding section 36; relating to parents' rights.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Article II, Constitution of Arizona, is proposed to be amended by adding section 36 as follows if approved by the voters and on proclamation of the Governor:
36. Parents' bill of rights; grievance procedures; exceptions; definitions
A. Unless those rights have been legally waived or legally terminated, parents and legal guardians have inalienable rights that are more comprehensive than listed in this section. This section does not prescribe all rights of parents and legal guardians, and this section does not limit a parent’s or a legal guardian’s rights in any manner.
B. The following rights are reserved to a parent or legal guardian of a minor child without obstruction or interference from this state, any political subdivision of this state, any other governmental entity or other institution or any employee of this state, any political subdivision of this state or any other governmental entity or other institution:
1. The education of the minor child, including the right to access and review the following:
(a) Attendance records.
(b) Test scores.
(c) Grades.
(d) Disciplinary records.
(e) Counseling records.
(f) Psychological records.
(g) Applications for admission.
(h) Health and immunization information.
(i) Evaluations of the child.
(j) The content of the child's course of study.
(k) Reports of behavior patterns.
2. The upbringing of the minor child.
3. Discipline of the minor child.
4. The moral or religious training of the minor child.
5. Health care decisions for the minor child, including decisions relating to mental health and immunizations. A parent or legal guardian of a minor child has the right to be fully informed of all medical information concerning the minor child and shall have full access to all medical records of the minor child. A parent or legal guardian of a minor child has the right to make medical decisions for a minor child, including whether or not to conduct a medical procedure, a mental health procedure or an immunization before the medical procedure, mental health procedure or immunization is conducted.
C. A parent or legal guardian of a minor child has the right to consent in writing before:
1. Any biometric scan of a minor child is made.
2. Any mental health screening of the minor child.
3. Any immunization or other medical procedure of a minor child.
D. A minor child's blood or deoxyribonucleic acid or specific information about a minor child's blood or deoxyribonucleic acid shall not be collected, stored, used or shared without the prior written consent of the parent or legal guardian of the minor child.
E. Any attempt to encourage or coerce a minor child to withhold information from the child's parent or legal guardian shall be grounds for discipline of an employee of a school district, charter school, community college under the jurisdiction of a community college district or university under the jurisdiction of the Arizona board of regents.
F. This section shall not be construed to authorize or allow parents or legal guardians of minor children to engage in conduct that is unlawful under the laws of this state.
G. Unless the notification would impede a law enforcement or child protective services investigation, A governmental entity shall promptly notify the parent or legal guardian of a minor child if an employee of the governmental entity suspects that the minor child has been abused or neglected in violation of the laws of this state or if the employee suspects that a criminal offense has been committed against the child.
H. Each governmental entity shall develop grievance procedures to address complaints received concerning violations of parents' rights listed in this section.
I. Nothing in this section applies to law enforcement officers or employees of a government agency devoted to child welfare who are acting in a reasonable and prudent manner in their official capacity within the scope of their authority.
J. The acceptance of government benefits by a parent or guardian on behalf of a child does not restrict or eliminate a parent or guardian's rights with respect to that child.
K. For the purposes of this section:
1. "Biometric scan":
(a) Means the electronic measurement and evaluation of any physical characteristics that are attributable to a single person, including fingerprint characteristics, eye characteristics, hand characteristics, vocal characteristics, facial characteristics, DNA characteristics and any other physical characteristics used for the purpose of electronically identifying that person with a high degree of certainty.
(b) Includes video recordings of pupils.
2. "Governmental entity" means any city, town, county, school district, community college district or other political subdivision of this state, any public university, any court and any agency or department of this state.
2. Short title
This measure may be cited as the "Parents' Bill of Rights Act".
3. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.