A4776

An Act establishing the “Parents’ Bill of Rights Act” and supplementing chapter 36 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the “Parents’ Bill of Rights Act.”

2. The Legislature finds and declares that parents and guardians hold an essential and natural authority to oversee the upbringing, instruction, and care of their children. The Legislature finds that it is the responsibility of the State and local school districts to support and empower, rather than interfere, with this authority. The Legislature finds it is necessary to establish a Parents’ Bill of Rights to ensure continued cooperation and transparency between schools, the State, and parents.

3. a. The parent or guardian of a student enrolled in a public school in the State shall have the fundamental right to direct and participate in their child’s education including, but not limited to, the right to:

(1) request information and materials from a board of education of a school district or board of trustees of a charter school or renaissance school project in accordance with section 4 of this act;

(2) review and inspect the student’s curriculum, textbooks, and any other instructional materials used in their child’s education, including library books. A parent or guardian shall not be denied access to, or required to sign a nondisclosure agreement in order to access, these materials;

(3) access and review the student’s education records, in accordance with federal and State law, including, but not limited to, report cards, transcripts, standardized test scores, individual education program documents, attendance records, disciplinary records, any evaluations or assessments of the student, student health records, vaccination records, and counseling or psychological services logs and history;

(4) be notified if the school identifies any issues pertaining to their child’s physical, mental, or emotional health, including any incidents of injury, illness, trauma, significant changes in a student’s behavior, signs of depression, or reported self-harm ideation. A school shall not encourage a student to conceal these issues from the student’s parent or guardian;

(5) inquire and receive information about any changes to a student’s asserted gender identity, pronouns, preferred name, and requests to participate on an athletic team or in other activities organized by sex or gender;

(6) be notified prior to any changes to special services or accommodations provided to the student, including those provided in connection with an individualized education program or 504 plan;

(7) opt out, without any academic penalty, of any part of the curriculum in health, family life education, or sex education that is in conflict with the parent or guardian’s conscience, or sincerely held moral or religious belief. A request to opt out of the curriculum pursuant to this paragraph shall be made in writing;

(8) opt out, without any academic penalty, of any part of the curriculum that a parent or guardian believes substantially interferes with the religious development of the student. A request to opt out of a part of the curriculum pursuant to this paragraph shall be made in writing, shall include the specific religious belief and practice asserted, and be considered on a case by-case basis. Once a request is approved, the principal or chief school administrator shall direct school personnel to provide a reasonable alternative assignment or independent study;

(9) limit or prohibit student participation in any survey, questionnaire, or research project seeking information on personal family beliefs, sexual behavior, mental health, or other sensitive subject areas. A school shall obtain parental consent prior to administering any survey, assessment, questionnaire, or evaluative instrument designed to collect information on a student’s personal beliefs, habits, family life, political or religious beliefs, income, health behaviors, sexual orientation, or any other similar matter;

(10) receive information on their child’s involvement in any significant incidents affecting student safety that occur on school grounds or during school activities, including physical assaults or altercations;

(11) receive information on any incident affecting the safety of the entire school community, including the presence of weapons or illegal substances, bomb or active shooter threats, and school evacuations;

(12) provide input into school policies, curriculum, and decisions that affect their children;

(13) receive information about district and school policies, budgets, and operations;

(14) engage in open and honest communication with their child’s teachers, school administration, coaches, and medical staff; and

(15) visit their child’s school.

b. A board of education of a school district or board of trustees of a charter school or renaissance school project shall establish a policy providing for parental notification of the rights established pursuant to this section. A board of education or board of trustees, or an employee thereof, shall not interfere with or suppress any right enumerated in this section.

c. A board of education of a school district or board of trustees of a charter school or renaissance school project shall establish a complaint process by which a parent or guardian may lodge complaints regarding a board of education or board of trustee’s violation of subsection b. of this section.

4. a. In order to promote transparency and cooperation, a board of education of a school district or board of trustees of a charter school or renaissance school project shall establish a policy providing for the release of the following information or materials when requested by the parent or guardian of an enrolled student:

(1) curriculum information and instructional materials;

(2) a class syllabus or outline for each course their child is enrolled in;

(3) advance notice about any guest speakers, presentations, or school assemblies, including those related to topics addressing health and sexuality;

(4) student health records, including the identities and professional credentials of any individual providing health, psychological, or counseling services to their child;

(5) student education records, including, but not limited to, information pertaining to any changes to a student’s asserted gender identity, pronouns, preferred name, requests to participate on an athletic team or in other activities organized by sex or gender, and student accommodations;

(6) notice and copies of any upcoming survey or questionnaires that will be distributed to students;

(7) district or school policies, including any significant changes to the policies or academic standards; and

(8) the annual budget, including information on any third-party vendor or organization receiving funds from the school district, charter school, or renaissance school project.

b. A parent or guardian that wishes to obtain information or materials pursuant to this section shall submit a written request to the principal or chief administrator of the student’s school.

c. A board of education or board of trustees shall provide a parent or guardian with the requested information and materials within 10 schools days of receipt of the written request.

5. This act shall take effect immediately.

STATEMENT

This bill establishes the “Parents’ Bill of Rights Act.” The bill enumerates various fundamental rights of parents and guardians of public school children that include, but are not limited to: reviewing curriculum, textbooks, and other instructional materials; accessing student education records and student health records; receiving notification if a school identifies issues pertaining to a student’s physical, mental, or emotional health; inquiring about changes to a student’s asserted gender identity, pronouns, and preferred name; opt out protections for curriculum that conflicts with certain beliefs or substantially interferes with the religious development of the student; limiting or prohibiting student participation in certain surveys and questionnaires; receiving information concerning student and schoolwide safety; providing input into school policies, curriculum, and decisions; and visiting their child’s school. The bill directs boards of education of school districts and boards of trustees of charter schools or renaissance school projects to establish a policy providing for parental notification of the rights established pursuant to the bill and prohibits a board of education or board of trustees, or an employee thereof, from interfering with or suppressing any rights enumerated in the bill. A board of education and board of trustees would also establish a complaint process by which a parent or guardian may lodge complaints regarding a board of education or board of trustee’s violation of the provisions of the bill.

Under the bill, boards of education and boards of trustees are required to establish a policy providing for the release of certain information listed in the bill when requested by a parent or guardian. A parent or guardian that wishes to obtain the information or materials is required to submit a written request to the principal or chief administrator of the student’s school. The board of education or board of trustees would provide the requested information within 10 school days of receipt.