Bill > SB190

This bill establishes and expands parental rights concerning their minor children, stating that state agencies or political subdivisions cannot significantly hinder a parent's ability to direct their child's upbringing, education, health care, and mental health unless there's a compelling government interest and no less restrictive alternative exists. It grants parents the right to direct their child's moral and religious training, make health care decisions (with some exceptions for emergency care or when a parent has authorized another individual), access medical and educational records, have their child excused for religious purposes, participate in school organizations, be notified of suspected abuse or neglect by someone other than the parent, and consent to biometric scans, DNA record creation, or audio/video recordings of their child, with specific exceptions for law enforcement and court proceedings. The bill also prohibits state employees from encouraging or coercing a minor to withhold information from their parents and generally requires them to share relevant health information with parents, while also stipulating that parents must consent to medical procedures, examinations, mental health evaluations or treatments, and prescription medications for their children, unless specific exceptions apply. Furthermore, school districts must adopt policies promoting parental involvement, including how parents can review curriculum, learn about extracurricular activities, withdraw their child from them, be notified about and consent to instruction on human sexuality or gender identity issues that differ from biological sex, object to or withdraw their child from specific instruction, and consent to their child using a name or nickname other than their legal one. School districts must also allow parents access to all their child's school records, and school employees cannot withhold information or encourage a child to conceal details about their schoolwork, health, or gender identity from their parents. Parents have a process to file complaints with school districts regarding these matters, including meetings with the superintendent and appeals to the school board, with the possibility of legal action and recovery of damages, attorney fees, and costs if violations are not remedied. For the purposes of these school-related provisions, "school district" excludes public higher education institutions, though parental rights are retained for dual enrollment courses. Finally, parents can sue for violations of these rights and use them as a defense in legal or administrative proceedings, with the potential to recover damages, attorney fees, and costs, and state agencies or political subdivisions must indemnify their employees for liability unless the employee was convicted of a criminal violation related to the claim.

Government Affairs, Justice

https://sdlegislature.gov/#/Session/Bill/27012