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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
parents' bill of rights; violation
Purpose
Grants the parent or legal guardian of a minor child legal standing to sue any person who violates the Arizona Parents' Bill of Rights Act and allows the Attorney General (AG) or county attorney to initiate a suit against a school that commits a violation.
Background
The Arizona Parents’ Bill of Rights Act reserves certain rights to the parent of a minor child without interference from a government entity, including the right of a parent to: 1) direct the education of the child; 2) direct the upbringing of the child; 3) direct the moral or religious training of the child; 4) make health care decisions for the child; 5) access and review all medical records of the child unless otherwise prohibited by law; 6) consent in writing to a biometric scan, or the creation of a blood or deoxyribonucleic acid record of the child; 7) consent in writing before a government entity makes a video or voice recording of the child, with certain exceptions; 8) be notified when a government employee suspects that a criminal offense has been committed against the child; and 9) obtain information about a child safety services investigation involving the parent (A.R.S. § 1-602).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Grants the parent or legal guardian of a minor child legal standing to sue any person who violates the parent's or legal guardian's rights under the Arizona Parents' Bill of Rights Act.
2. Allows the AG or county attorney, if a school district or charter school is alleged to have committed a violation, to initiate a suit against the school in the superior court of the county in which the school is located.
3. Allows the court to impose a civil penalty of not more than $5,000 for each violation on the school district or charter school where the violation occurred.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Removes the class 2 misdemeanor penalty for a person who violates the Arizona Parents' Bill of Rights Act.
Senate Action
JUD 2/10/22 DP 5-3-0
Prepared by Senate Research
February 22, 2022
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