Amends TCA Section 14-4-103; Title 49 and Title 63.
This bill requires an LEA to adopt and file in its official operating policy pamphlet its policy on inspection of instructor information and other records by parents and legal guardians of students enrolled in the LEA. This bill requires that the policy provide that a parent or legal guardian of a student enrolled in a school of the LEA is entitled to: (1) Review the names of any teacher, substitute teacher, guest speaker, or other individual providing instruction to the parent's or legal guardian's student; (2) Review the names of any organization or individual receiving funding from or contracting with the LEA in the school year; (3) Except where court orders prohibit or otherwise limit access, visit the parent's or legal guardian's student during regular school hours, including, but not limited to, observing the student's classroom; (4) Review the content of curriculum, teacher manuals, and textbooks for any classroom of the parent's or legal guardian's student without being required to sign a non-disclosure agreement; (5) Review a list of all titles and materials available in the school library; and (6) Review a list of titles or materials that have been borrowed from the school library by the parent or legal guardian's child. This bill requires an LEA to immediately notify the parent or legal guardian of a student enrolled in a school of the LEA of any: (1) Incident concerning student safety in the school, including any crimes committed by a teacher, substitute teacher, guest speaker, or other individual while providing instruction to the parent's or legal guardian's student; or (2) Medical treatment provided to the parent's or legal guardian's student. This bill creates a private right of action for a parent or legal guardian of an enrolled student who is prevented from exercising the rights established above or is not notified as required in this bill. There will be a one-year statute of limitations for a civil action brought under this provision. Under present law, an LEA must allow a parent or legal guardian to opt the parent or legal guardian's student out of participating in a survey, analysis, or evaluation. This bill revises this provision such that an LEA must require that written consent of a parent or legal guardian, in the case of students under 18 years of age, be obtained in order for the student to participate in a survey, analysis, or evaluation. Under present law, parents and guardians have the right to request student data specific to their children's educational records. This bill adds that this includes information on how the LEA collects and uses the student data. Under present law, a school cannot permit a student to become a member or participate in activities of a club or organization if the student's parent or legal guardian has submitted a written communication prohibiting a student from participation. This bill revises the provision such that a school must not allow a student who is a minor to become a member or participate in activities of a club or organization unless the parent or legal guardian of the student has provided a written consent permitting the student's participation. Under present law, a parent or legal guardian who wishes to excuse a student from any portion of family life instruction must submit a written request to the student's instructor, school counselor, or principal and if the parent or legal guardian wishes to excuse a student from the full portion of family life they must submit the request to the student's principal. This bill revises the provision such that a parent must provide a written consent to the student's instructor, school counselor, or principal in order to permit the student to participate in any portion of family life, if the student is a minor. This bill prohibits a healthcare practitioner from providing a patient who is a minor with medical treatment without obtaining written consent from the parent or legal guardian of the minor. This bill requires a school to prohibit a student who is a minor from participating in a field trip, school assembly, or guest speaker event unless the parent or legal guardian of the student has provided written consent permitting the student's participation. Under present law, a physician may treat a juvenile drug abuser without prior parental consent; a person licensed to practice medicine may, for the purpose of providing prenatal care, treat a minor without knowledge or consent of the parent; and, in the absence of a spouse, a minor is authorized to consent for such minor's child to any surgical or medical treatment prescribed or directed by a physician. This bill removes these provisions.
This bill requires an LEA to adopt and file in its official operating policy pamphlet its policy on inspection of instructor information and other records by parents and legal guardians of students enrolled in the LEA. This bill requires that the policy provide that a parent or legal guardian of a student enrolled in a school of the LEA is entitled to: (1) Review the names of any teacher, substitute teacher, guest speaker, or other individual providing instruction to the parent's or legal guardian's student; (2) Review the names of any organization or individual receiving funding from or contracting with the LEA in the school year; (3) Except where court orders prohibit or otherwise limit access, visit the parent's or legal guardian's student during regular school hours, including, but not limited to, observing the student's classroom; (4) Review the content of curriculum, teacher manuals, and textbooks for any classroom of the parent's or legal guardian's student without being required to sign a non-disclosure agreement; (5) Review a list of all titles and materials available in the school library; and (6) Review a list of titles or materials that have been borrowed from the school library by the parent or legal guardian's child. This bill requires an LEA to immediately notify the parent or legal guardian of a student enrolled in a school of the LEA of any: (1) Incident concerning student safety in the school, including any crimes committed by a teacher, substitute teacher, guest speaker, or other individual while providing instruction to the parent's or legal guardian's student; or (2) Medical treatment provided to the parent's or legal guardian's student. This bill creates a private right of action for a parent or legal guardian of an enrolled student who is prevented from exercising the rights established above or is not notified as required in this bill. There will be a one-year statute of limitations for a civil action brought under this provision. Under present law, an LEA must allow a parent or legal guardian to opt the parent or legal guardian's student out of participating in a survey, analysis, or evaluation. This bill revises this provision such that an LEA must require that written consent of a parent or legal guardian, in the case of students under 18 years of age, be obtained in order for the student to participate in a survey, analysis, or evaluation. Under present law, parents and guardians have the right to request student data specific to their children's educational records. This bill adds that this includes information on how the LEA collects and uses the student data. Under present law, a school cannot permit a student to become a member or participate in activities of a club or organization if the student's parent or legal guardian has submitted a written communication prohibiting a student from participation. This bill revises the provision such that a school must not allow a student who is a minor to become a member or participate in activities of a club or organization unless the parent or legal guardian of the student has provided a written consent permitting the student's participation. Under present law, a parent or legal guardian who wishes to excuse a student from any portion of family life instruction must submit a written request to the student's instructor, school counselor, or principal and if the parent or legal guardian wishes to excuse a student from the full portion of family life they must submit the request to the student's principal. This bill revises the provision such that a parent must provide a written consent to the student's instructor, school counselor, or principal in order to permit the student to participate in any portion of family life, if the student is a minor. This bill prohibits a healthcare practitioner from providing a patient who is a minor with medical treatment without obtaining written consent from the parent or legal guardian of the minor. This bill requires a school to prohibit a student who is a minor from participating in a field trip, school assembly, or guest speaker event unless the parent or legal guardian of the student has provided written consent permitting the student's participation. Under present law, a physician may treat a juvenile drug abuser without prior parental consent; a person licensed to practice medicine may, for the purpose of providing prenatal care, treat a minor without knowledge or consent of the parent; and, in the absence of a spouse, a minor is authorized to consent for such minor's child to any surgical or medical treatment prescribed or directed by a physician. This bill removes these provisions.
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