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HB 2249Arizona · 57th-2nd-regular

parents' bill of rights; remedies

bill

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Exact Changes

Around line 62 of the prior version

NAME OR NICKNAME OTHER THAN THE MINOR CHILD'S LEGAL NAME OR A NATURAL

DERIVATIVE OF THAT NAME OR REFERRING TO THE MINOR CHILD USING PRONOUNS,

TITLES OR PERSONAL IDENTIFIERS THAT DO NOT ALIGN WITH THE MINOR CHILD'S

SEX. [A SCHOOL DISTRICT OR SCHOOL EMPLOYEE MAY NOT FACILITATE ORIMPLEMENT ANY FORM OF SOCIAL TRANSITIONING FOR A MINOR WITHOUT THE WRITTENCONSENT OF EACH OF THE MINOR'S PARENTS.]SEX. A SCHOOL DISTRICT OR SCHOOL EMPLOYEE MAY NOT FACILITATE OR IMPLEMENTANY FORM OF SOCIAL TRANSITIONING FOR A MINOR [CHILD] WITHOUT THE WRITTENCONSENT OF EACH OF THE [MINOR'S PARENTS] [PARENTS OF THE MINOR CHILD].

13. IN ADDITION TO THE REQUIREMENTS PRESCRIBED IN PARAGRAPH 2 OF

THIS SUBSECTION, THE RIGHT TO REQUEST, REVIEW AND ACCESS THE MINOR CHILD'S

COMPLETE EDUCATIONAL RECORD. A SCHOOL EMPLOYEE MAY NOT WITHHOLD

Around line 96 of the prior version

parental rights that are available under the constitution, statutes or

common law of this state. Unless otherwise required by law, the rights of

parents of minor children shall not be limited or denied.

E. Except as prescribed in subsections F and [G ] [H] of thissection, this state, a political subdivision of this state or any otherE. Except as prescribed in subsections F and G H of this section,this state, a political subdivision of this state or any other

governmental entity, or any official of this state, a political

subdivision of this state or any other governmental entity acting under

color of law, shall not interfere with or usurp the fundamental right of

Around line 110 of the prior version

the superior court in the county in which the violation or other action

occurs or in federal court, if authorized by federal law, or before an

administrative tribunal of appropriate jurisdiction. A parent may raise a

violation of this chapter as a claim or a defense. [IN ANY ACTION BROUGHTviolation of this chapter as a claim or a defense. IN ANY ACTION BROUGHT

UNDER THIS SECTION, A SHOWING OF A VIOLATION OF THE RIGHTS GUARANTEED OR

RECOGNIZED BY THIS SECTION ESTABLISHES A REBUTTABLE PRESUMPTION OF

IRREPARABLE HARM.]IRREPARABLE HARM.

F. In any action under subsection E of this section, the

governmental entity or official described in subsection E of this section

has the burden of proof to demonstrate both of the following:

Around line 124 of the prior version

2. That the method of interference or usurpation used by the

government is narrowly tailored and is not otherwise served by a less

restrictive means.

[G. THIS STATE, ANY POLITICAL SUBDIVISION OF THIS STATE OR ANYG. THIS STATE, ANY POLITICAL SUBDIVISION OF THIS STATE OR ANY

OFFICIAL ACTING UNDER COLOR OF LAW EXPRESSLY WAIVES ALL CLAIMS TO

SOVEREIGN, QUALIFIED OR DISCRETIONARY IMMUNITY FOR ANY VIOLATION OF THIS

SECTION.][G.] [H.] A governmental entity or official described insubsection E of this section may interfere with or usurp the fundamentalright of parents to direct the upbringing, education, health care andmental health of their children only if the governmental entity orofficial successfully demonstrates both elements described in subsection Fof this section. If the governmental entity or official is unsuccessful,the court shall grant appropriate relief, such as INCLUDING declaratory orinjunctive relief, compensatory damages and attorney fees, based on thefacts of the case and the law as applied to the facts. AT A MINIMUM, THEGOVERNMENTAL ENTITY IS LIABLE TO THE MINOR CHILD'S PARENT IN AN AMOUNT OF$500,000[,] AND A GOVERNMENT OFFICIAL IS PERSONALLY LIABLE TO THE MINORCHILD'S PARENT IN AN AMOUNT OF $20,000 FOR EACH SEPARATE INSTANCE OFINTERFERING WITH OR USURPING A FUNDAMENTAL RIGHT. A GOVERNMENTAL ENTITYTHAT EMPLOYS THE OFFICIAL MAY NOT INDEMNIFY AN OFFENDING OFFICIAL AND MAYNOT USE PUBLIC MONIES TO PAY FOR THE OFFICIAL'S LIABILITY. THE RIGHT TOSUE BELONGS INDIVIDUALLY TO EACH OF THE MINOR CHILD'S PARENTS[,] AND ONEPARENT MAY FILE SUIT EVEN IF THE MINOR CHILD'S OTHER PARENT DOES NOTCONSENT TO THE ACTION.[H.] [I.] IN ADDITION TO SUBSECTION [G ] [H] OF THIS SECTION, AMINOR CHILD'S PARENT MAY BRING SUIT AGAINST AN EMPLOYEE WHO HAS OR WHO HASATTEMPTED TO FACILITATE, ENCOURAGE OR COERCE A MINOR CHILD TO WITHHOLDINFORMATION FROM THE MINOR CHILD'S PARENT. AT A MINIMUM, AN EMPLOYEE WHOIS FOUND LIABLE IS PERSONALLY LIABLE IN AN AMOUNT OF $20,000[,] AND ASECTION.G. H. A governmental entity or official described in subsection Eof this section may interfere with or usurp the fundamental right ofparents to direct the upbringing, education, health care and mental healthof their children only if the governmental entity or official successfullydemonstrates both elements described in subsection F of this section. Ifthe governmental entity or official is unsuccessful, the court shall grantappropriate relief, such as INCLUDING declaratory or injunctive relief,compensatory damages and attorney fees, based on the facts of the case andthe law as applied to the facts. AT A MINIMUM, THE GOVERNMENTAL ENTITY ISLIABLE TO THE MINOR CHILD'S PARENT IN AN AMOUNT OF $500,000 [FOR EACHINSTANCE OF INTERFERING WITH OR USURPING A FUNDAMENTAL RIGHT], AND AGOVERNMENT OFFICIAL IS PERSONALLY LIABLE TO THE MINOR CHILD'S PARENT IN ANAMOUNT OF $20,000 FOR EACH [SEPARATE] INSTANCE OF INTERFERING WITH ORUSURPING A FUNDAMENTAL RIGHT. A GOVERNMENTAL ENTITY THAT EMPLOYS THEOFFICIAL MAY NOT INDEMNIFY AN OFFENDING OFFICIAL AND MAY NOT USE PUBLICMONIES TO PAY FOR THE OFFICIAL'S LIABILITY. THE RIGHT TO SUE BELONGSINDIVIDUALLY TO EACH OF THE MINOR CHILD'S PARENTS, AND ONE PARENT MAY FILESUIT EVEN IF THE MINOR CHILD'S OTHER PARENT DOES NOT CONSENT TO THEACTION.I. IN ADDITION TO SUBSECTION H OF THIS SECTION, A MINOR CHILD'SPARENT MAY BRING SUIT AGAINST AN EMPLOYEE WHO HAS OR WHO HAS ATTEMPTED TOFACILITATE, ENCOURAGE OR COERCE A MINOR CHILD TO WITHHOLD INFORMATION FROMTHE MINOR CHILD'S PARENT. AT A MINIMUM, AN EMPLOYEE WHO IS FOUND LIABLEIS PERSONALLY LIABLE IN AN AMOUNT OF $20,000 [FOR EACH INSTANCE IN WHICHINFORMATION WAS WITHHELD FROM THE MINOR CHILD'S PARENT], AND A

GOVERNMENTAL ENTITY THAT EMPLOYS THE EMPLOYEE MAY NOT INDEMNIFY AN

OFFENDING EMPLOYEE AND MAY NOT USE PUBLIC MONIES TO PAY FOR THE EMPLOYEE'S

LIABILITY. A PARENT MAY BRING SUIT AGAINST THIS STATE, ANY POLITICAL

SUBDIVISION OF THIS STATE OR ANY OTHER GOVERNMENTAL ENTITY OR INSTITUTION

THAT MAINTAINS A POLICY THAT ALLOWS THE FACILITATION, ENCOURAGEMENT OR

COERCION BY THE EMPLOYEE OF A MINOR CHILD TO WITHHOLD INFORMATION FROM THE

MINOR CHILD'S PARENT. AT A MINIMUM, THE GOVERNMENTAL ENTITY OR (formatting only)

INSTITUTION THAT MAINTAINED THE POLICY IS LIABLE TO THE MINOR CHILD'S

PARENT FOR $500,000 FOR EACH OCCURRENCE [WHERE] [IN WHICH] INFORMATION WASWITHHELD FROM THE MINOR CHILD'S PARENT. THE RIGHT TO SUE BELONGSINDIVIDUALLY TO EACH OF THE MINOR CHILD'S PARENTS[,] AND ONE PARENT MAYFILE SUIT EVEN IF THE MINOR CHILD'S OTHER PARENT DOES NOT CONSENT TO THEPARENT FOR $500,000 FOR EACH [OCCURRENCE] [INSTANCE] IN WHICH INFORMATIONWAS WITHHELD FROM THE MINOR CHILD'S PARENT. THE RIGHT TO SUE BELONGSINDIVIDUALLY TO EACH OF THE MINOR CHILD'S PARENTS, AND ONE PARENT MAY FILESUIT EVEN IF THE MINOR CHILD'S OTHER PARENT DOES NOT CONSENT TO THE

ACTION. THE STATUTE OF LIMITATIONS FOR AN ACTION COMMENCED PURSUANT TO

THIS SUBSECTION IS FIVE YEARS AFTER THE CONDUCT CEASED AND THE MINOR

CHILD'S PARENT BECAME AWARE OF THE CONDUCT. {{IF AN ACT THAT VIOLATESTHIS SECTION OCCURRED BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT TO THISCHILD'S PARENT BECAME AWARE OF THE CONDUCT. [IF AN ACT THAT VIOLATES THISSECTION OCCURRED BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS

SECTION AND THE PERSON CONTINUES TO VIOLATE THIS SECTION AFTER THE

EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION, EACH ACT THAT OCCURS

AFTER THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION CONSTITUTES A

SEPARATE VIOLATION FOR THE PURPOSES OF THIS SECTION.}}[I.] [J.] A MINOR CHILD'S PARENT MAY DEMONSTRATE THAT AGOVERNMENTAL ENTITY OR INSTITUTION MAINTAINED A POLICY OF FACILITATING,ENCOURAGING OR COERCING A MINOR CHILD TO WITHHOLD INFORMATION FROM THEMINOR CHILD'S PARENT THROUGH ANY OF THE FOLLOWING:SEPARATE VIOLATION FOR THE PURPOSES OF THIS SECTION.]J. A MINOR CHILD'S PARENT MAY DEMONSTRATE THAT A GOVERNMENTALENTITY OR INSTITUTION MAINTAINED A POLICY OF FACILITATING, ENCOURAGING ORCOERCING A MINOR CHILD TO WITHHOLD INFORMATION FROM THE MINOR CHILD'SPARENT THROUGH ANY OF THE FOLLOWING:

1. WRITTEN DOCUMENTS THAT ARE MAINTAINED BY THE GOVERNMENTAL ENTITY

OR INSTITUTION, INCLUDING AS GUIDANCE OR POLICY DOCUMENTS, EMAILS,

MEMORANDA OR SPREADSHEETS.

Around line 182 of the prior version

GOVERNMENTAL ENTITY OR INSTITUTION REQUIRED OR RECOMMENDED THAT EMPLOYEES

ENGAGE IN THE CONDUCT.

3. DEMONSTRATING THAT THE GOVERNMENTAL ENTITY'S OR INSTITUTION'S

EMPLOYEES REGULARLY ENGAGED IN THE CONDUCT. [A CAUSE OF ACTION ACCRUESSEPARATELY FOR EACH DISTINCT ACT OF FACILITATING, ENCOURAGING OR COERCINGA MINOR CHILD TO WITHHOLD INFORMATION FROM THE MINOR CHILD'S PARENT.FAILING TO ABIDE BY A PARENT'S EXPRESS REQUEST OR HIDING THE ISSUE FROM APARENT CONSTITUTES A SEPARATE VIOLATION THAT TRIGGERS A NEW ACCRUAL DATE,REGARDLESS OF WHEN THE PARENT FIRST SUSPECTED A SOCIAL TRANSITION WASOCCURRING.][J.] [K.] WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THISAMENDMENT TO THIS SECTION, THIS STATE, A POLITICAL SUBDIVISION OF THISSTATE OR A GOVERNMENTAL ENTITY OR INSTITUTION, INCLUDING AN EDUCATIONALINSTITUTION, OR AN EMPLOYEE OF THIS STATE, A POLITICAL SUBDIVISION OF THISSTATE OR A GOVERNMENTAL ENTITY OR INSTITUTION THAT FACILITATED, ENCOURAGEDOR COERCED, OR ATTEMPTED TO FACILITATE, ENCOURAGE OR COERCE, A MINOR CHILDTO WITHHOLD INFORMATION FROM THE MINOR CHILD'S PARENT BEFORE THE EFFECTIVEDATE OF THIS AMENDMENT TO THIS SECTION SHALL DISCLOSE THE OFFENDING ACTIONTO THE MINOR CHILD'S PARENT. THIS STATE, A POLITICAL SUBDIVISION OF THISSTATE OR A GOVERNMENTAL ENTITY OR INSTITUTION, INCLUDING AN EDUCATIONALEMPLOYEES REGULARLY ENGAGED IN THE CONDUCT. A CAUSE OF ACTION ACCRUESSEPARATELY FOR EACH [DISTINCT ACT] [INSTANCE] OF FACILITATING, ENCOURAGINGOR COERCING A MINOR CHILD TO WITHHOLD INFORMATION FROM THE MINOR CHILD'SPARENT. FAILING TO ABIDE BY A PARENT'S EXPRESS REQUEST OR HIDING THE ISSUEFROM A PARENT CONSTITUTES A SEPARATE VIOLATION THAT TRIGGERS A NEW ACCRUALDATE, REGARDLESS OF WHEN THE PARENT FIRST SUSPECTED A SOCIAL TRANSITIONWAS OCCURRING.K. WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT TOTHIS SECTION, THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR AGOVERNMENTAL ENTITY OR INSTITUTION, INCLUDING AN EDUCATIONAL INSTITUTION,[HAS AN AFFIRMATIVE DUTY TO INVESTIGATE AND DISCOVER ALL PREVIOUSINSTANCES IN WHICH IT] OR AN EMPLOYEE OF THIS STATE, A POLITICALSUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR INSTITUTION [THAT]FACILITATED, ENCOURAGED OR COERCED, OR ATTEMPTED TO FACILITATE, ENCOURAGEOR COERCE, A MINOR CHILD TO WITHHOLD INFORMATION FROM THE MINOR CHILD'SPARENT BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION[. THISSTATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY ORINSTITUTION, INCLUDING AN EDUCATIONAL INSTITUTION, OR AN EMPLOYEE OF THISSTATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY ORINSTITUTION WHO FACILITATED, ENCOURAGED OR COERCED, OR ATTEMPTED TOFACILITATE, ENCOURAGE OR COERCE, A MINOR CHILD TO WITHHOLD INFORMATIONFROM THE MINOR CHILD'S PARENT BEFORE THE EFFECTIVE DATE OF THIS AMENDMENTTO THIS SECTION] SHALL DISCLOSE [THE] [ANY KNOWN] OFFENDING ACTION TO THEMINOR CHILD'S PARENT. THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE ORA GOVERNMENTAL ENTITY OR INSTITUTION, INCLUDING AN EDUCATIONAL

INSTITUTION, OR AN EMPLOYEE OF THIS STATE, A POLITICAL SUBDIVISION OF THIS

STATE OR A GOVERNMENTAL ENTITY OR INSTITUTION IS CIVILLY LIABLE TO THE

PARENT OF A MINOR CHILD FOR ANY VIOLATION THAT WAS NOT DISCLOSED PURSUANT

TO THIS SUBSECTION. THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE ORA GOVERNMENTAL ENTITY OR INSTITUTION, INCLUDING AN EDUCATIONALINSTITUTION, IS LIABLE TO THE MINOR CHILD'S PARENT FOR AT LEAST $500,000FOR EACH SEPARATE ACT THAT WAS NOT DISCLOSED TO THE MINOR CHILD'S PARENT.AN EMPLOYEE OF THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR AGOVERNMENTAL ENTITY OR INSTITUTION IS PERSONALLY LIABLE TO THE MINORCHILD'S PARENT FOR AT LEAST $20,000 FOR EACH SEPARATE ACT THAT WAS NOTDISCLOSED TO THE MINOR CHILD'S PARENT. A GOVERNMENTAL ENTITY ORINSTITUTION MAY NOT INDEMNIFY AN OFFENDING EMPLOYEE AND MAY NOT USE PUBLICMONIES TO PAY FOR THE EMPLOYEE'S LIABILITY OR AN INSURANCE POLICY TO COVERTHE CIVIL LIABILITY.H. [K.] [L.] For the purposes of this section: ,1. "EDUCATIONAL RECORD" INCLUDES ATTENDANCE RECORDS, TEST SCORESFROM SCHOOL-ADMINISTERED TESTS AND STATEWIDE ASSESSMENTS, GRADES,TO THIS SUBSECTION [IF THE VIOLATION WAS ACTUALLY KNOWN OR WOULD HAVE BEENDISCOVERED WITH REASONABLE DILIGENCE AND INVESTIGATION]. THIS STATE, APOLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY ORINSTITUTION, INCLUDING AN EDUCATIONAL INSTITUTION, IS LIABLE TO THE MINORCHILD'S PARENT FOR AT LEAST $500,000 FOR EACH [SEPARATE ACT] [INSTANCE]THAT WAS NOT DISCLOSED TO THE MINOR CHILD'S PARENT. AN EMPLOYEE OF THISSTATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY ORINSTITUTION IS PERSONALLY LIABLE TO THE MINOR CHILD'S PARENT FOR AT LEAST$20,000 FOR EACH [SEPARATE ACT] [INSTANCE] THAT WAS NOT DISCLOSED TO THEMINOR CHILD'S PARENT. A GOVERNMENTAL ENTITY OR INSTITUTION MAY NOTINDEMNIFY AN OFFENDING EMPLOYEE AND MAY NOT USE PUBLIC MONIES TO PAY FORTHE EMPLOYEE'S LIABILITY OR AN INSURANCE POLICY TO COVER THE CIVILLIABILITY.H. L. For the purposes of this section: ,[1. "DISTINCT ACT OR OMISSION" MEANS AN ACT OR OMISSION THATDIFFERS FROM ANOTHER ACT OR OMISSION IN ONE OF THE FOLLOWING WAYS:(a) THE GOVERNMENTAL ENTITY OR OFFICIAL WHO PERFORMED OR DIRECTEDTHE ACT OR OMISSION IS DIFFERENT.(b) THE SPECIFIC FUNDAMENTAL RIGHT THAT IS INVOLVED IS DIFFERENT.(c) THE OCCASION OR EPISODE DURING WHICH THE ACT OR OMISSIONOCCURRED IS DIFFERENT AND THERE IS NOT A SINGLE, CONTINUOUS, UNINTERRUPTEDEXERCISE OF AUTHORITY.(d) THE ACT OR OMISSION OCCURRED AFTER THE GOVERNMENTAL ENTITY OROFFICIAL RECEIVED ACTUAL OR CONSTRUCTIVE NOTICE, WHETHER THROUGH A WRITTENDEMAND, A PREVIOUS COURT ORDER OR AN EXPRESS ORAL OR WRITTEN OBJECTIONFROM THE MINOR CHILD'S PARENT.][1.] [2.] "EDUCATIONAL RECORD" INCLUDES ATTENDANCE RECORDS, TESTSCORES FROM SCHOOL-ADMINISTERED TESTS AND STATEWIDE ASSESSMENTS, GRADES,

EXTRACURRICULAR ACTIVITY OR CLUB PARTICIPATION RECORDS, EMAIL ACCOUNT

RECORDS, ONLINE OR VIRTUAL ACCOUNTS OR DATA, DISCIPLINARY RECORDS,

COUNSELING RECORDS, PSYCHOLOGICAL RECORDS, APPLICATIONS FOR ADMISSION,

Legislative Record

The official procedural history from the legislature.

Actions

  • Apr 20, 2026
    Transmit to House
    Senate
  • Jun 8, 2026
    PASSED
    Housepassage
  • Jun 8, 2026
    PASSED
    Housepassage
  • Jun 9, 2026
    Transmit to Governor
    Office of the Governorexecutive-receipt
  • Jun 18, 2026
    Vetoed by Governor
    Office of the Governorexecutive-veto

Roll-Call Votes

  • do pass

    committee-passagefail

    House · Feb 23, 2026

    0 yes0 no0 other0 absent0 excused0 not voting
  • Passed

    passagepass

    House · Feb 24, 2026

    31 yes23 no0 other0 absent0 excused6 not voting
  • do pass amended

    committee-passagefail

    Senate · Apr 14, 2026

    0 yes0 no0 other0 absent0 excused0 not voting
  • Passed

    passagepass

    Senate · Apr 15, 2026

    17 yes10 no0 other0 absent0 excused3 not voting
  • Passed

    passagepass

    House · Apr 19, 2026

    0 yes0 no0 other0 absent0 excused0 not voting
  • Passed

    passagepass

    Senate · Apr 19, 2026

    0 yes0 no0 other0 absent0 excused0 not voting
  • Passed

    passagepass

    Senate · Apr 19, 2026

    0 yes0 no0 other0 absent0 excused0 not voting
  • Passed

    passagepass

    Senate · Apr 20, 2026

    17 yes12 no0 other0 absent0 excused1 not voting
  • do pass amended

    committee-passagefail

    Senate · Apr 20, 2026

    0 yes0 no0 other0 absent0 excused0 not voting
  • Passed

    passagepass

    House · Jun 8, 2026

    0 yes0 no0 other0 absent0 excused0 not voting
  • Passed

    passagepass

    House · Jun 8, 2026

    31 yes24 no0 other0 absent0 excused5 not voting

Documents

  • HOUSE SUMMARY: 01/16/2026 Education

  • HOUSE SUMMARY: 01/22/2026 Caucus & COW

  • HOUSE SUMMARY: 02/25/2026 House Engrossed

  • HOUSE SUMMARY: 06/08/2026 Senate Engrossed

  • SENATE FACT SHEET: 03/09/2026 ED

  • SENATE FACT SHEET: 03/13/2026 ED As Passed Committee

  • SENATE FACT SHEET: 04/15/2026 ED As Passed COW

  • SENATE FACT SHEET: 04/21/2026 ED As Passed ADD COW

  • Senate COW 04/15 - Mesnard flr amend (ref ED)

  • Senate ADD COW 04/21 - Mesnard flr amend (ref Senate Engrossed House Bill)

Full Bill Text

The bill as proposed to be amended is reprinted as follows:
Section 1. Section 1-602, Arizona Revised Statutes, is amended to
read:
1-602. Parents' bill of rights; governmental interference
restricted;   burden   of   proof;   civil  actions;
definitions
A. All parental rights are exclusively reserved to a parent of a
minor child without obstruction or interference from this state, any
political subdivision of this state, any other governmental entity or any
other institution, including:
1. The right to direct the education of the minor child.
2. All rights of parents identified in title 15, including the
right to access and review all records relating to the minor child.
3. The right to direct the upbringing of the minor child.
4. The right to direct the moral or religious training of the minor
child.
5. The right to make all health care decisions for the minor child,
including rights pursuant to sections 15-873, 36-2271 and 36-2272, unless
otherwise prohibited by law.
6. The right to request, access and review all written and
electronic medical records of the minor child unless otherwise prohibited
by law or unless the parent is the subject of an investigation of a crime
committed against the minor child and a law enforcement official requests
that the information not be released.
7. The right to consent in writing before a biometric scan of the
minor child is made pursuant to section 15-109.
8. The right to consent in writing before any record of the minor
child's blood or deoxyribonucleic acid is created, stored or shared,
except as required by section 36-694, or before any genetic testing is
conducted on the minor child pursuant to section 12-2803 unless authorized
pursuant to section 13-610 or a court order.
9. The right to consent in writing before this state or any of its
political subdivisions makes a video or voice recording of the minor
child, unless the video or voice recording is made during or as a part of
a court proceeding, by law enforcement officers during or as part of a law
enforcement investigation, during or as part of an interview in a criminal
or child safety services investigation or to be used solely for any of the
following:
(a) Safety demonstrations, including the maintenance of order and
discipline in the common areas of a school or on pupil transportation
vehicles.
(b) A purpose related to a legitimate academic or extracurricular
activity.
(c) A purpose related to regular classroom instruction.
(d) Security or surveillance of buildings or grounds.
(e) A photo identification card.
10. The right to be notified promptly if an employee of this state,
any political subdivision of this state, any other governmental entity or
any other institution suspects that a criminal offense has been committed
against the minor child by someone other than a parent, unless the
incident has first been reported to law enforcement and notifying the
parent would impede a law enforcement or child safety services
investigation. This paragraph does not create ESTABLISH any new
obligation for school districts and charter schools to report misconduct
between students at school, such as fighting or aggressive play, that is
routinely addressed as a student disciplinary matter by the school.
11. The right to obtain information about a child safety services
investigation involving the parent pursuant to section 8-807.
12. THE RIGHT TO CONSENT IN WRITING AND BE INFORMED IF ANY SCHOOL
EMPLOYEE FACILITATES OR IMPLEMENTS ANY FORM OF SOCIAL TRANSITIONING FOR
THE MINOR CHILD, INCLUDING ADDRESSING OR REFERRING TO THE MINOR CHILD BY A
NAME OR NICKNAME OTHER THAN THE MINOR CHILD'S LEGAL NAME OR A NATURAL
DERIVATIVE OF THAT NAME OR REFERRING TO THE MINOR CHILD USING PRONOUNS,
TITLES OR PERSONAL IDENTIFIERS THAT DO NOT ALIGN WITH THE MINOR CHILD'S
SEX. A SCHOOL DISTRICT OR SCHOOL EMPLOYEE MAY NOT FACILITATE OR IMPLEMENT
ANY FORM OF SOCIAL TRANSITIONING FOR A MINOR [CHILD] WITHOUT THE WRITTEN
CONSENT OF EACH OF THE [MINOR'S PARENTS] [PARENTS OF THE MINOR CHILD].
13. IN ADDITION TO THE REQUIREMENTS PRESCRIBED IN PARAGRAPH 2 OF
THIS SUBSECTION, THE RIGHT TO REQUEST, REVIEW AND ACCESS THE MINOR CHILD'S
COMPLETE EDUCATIONAL RECORD. A SCHOOL EMPLOYEE MAY NOT WITHHOLD
INFORMATION FROM A PARENT REGARDING THE PARENT'S MINOR CHILD, INCLUDING
ANY INFORMATION IN THE MINOR CHILD'S EDUCATIONAL RECORD REGARDING THE
MINOR CHILD'S PHYSICAL, EMOTIONAL, MENTAL OR ACADEMIC WELL-BEING.
B. This section does not authorize or allow a parent to engage in
conduct that is unlawful or to abuse or neglect a child in violation of
the laws of this state. This section does not prohibit courts, law
enforcement officers or employees of a government agency responsible for
child welfare from acting in their official capacity within the scope of
their authority. This section does not prohibit a court from issuing an
order that is otherwise allowed by law.
C. Any attempt to FACILITATE, encourage or coerce OR ANY COMPLETED
ACT THAT FACILITATES, ENCOURAGES OR COERCES a minor child to withhold
information from the child's parent is grounds for discipline of an
employee of this state, any political subdivision of this state, any other
governmental entity or any other institution, except for law enforcement
personnel WHO HAVE PROBABLE CAUSE TO BELIEVE THAT A CRIME WAS COMMITTED BY
THE MINOR CHILD'S PARENT AND WHO WITHHOLDS THAT INFORMATION IN THE COURSE
OF AN INVESTIGATION OF THAT CRIME. THIS STATE, A POLITICAL SUBDIVISION OF
THIS STATE, A GOVERNMENTAL ENTITY OR AN INSTITUTION MAY NOT MAINTAIN A
POLICY THAT ALLOWS AN EMPLOYEE TO FACILITATE, ENCOURAGE OR COERCE A MINOR
CHILD TO WITHHOLD INFORMATION FROM THE MINOR CHILD'S PARENT.
D. Unless those rights have been legally waived or legally
terminated, parents have inalienable rights that are more comprehensive
than those listed in this section. This chapter does not prescribe all
rights of parents or preempt or foreclose claims or remedies in support of
parental rights that are available under the constitution, statutes or
common law of this state. Unless otherwise required by law, the rights of
parents of minor children shall not be limited or denied.
E. Except as prescribed in subsections F and G H of this section,
this state, a political subdivision of this state or any other
governmental entity, or any official of this state, a political
subdivision of this state or any other governmental entity acting under
color of law, shall not interfere with or usurp the fundamental right of
parents to direct the upbringing, education, health care and mental health
of their children. A parent may bring suit against a governmental entity
or official described in this subsection based on any violation of the
statutory rights set forth in this chapter or any other action that
interferes with or usurps the fundamental right of parents to direct the
upbringing, education, health care and mental health of their children in
the superior court in the county in which the violation or other action
occurs or in federal court, if authorized by federal law, or before an
administrative tribunal of appropriate jurisdiction. A parent may raise a
violation of this chapter as a claim or a defense. IN ANY ACTION BROUGHT
UNDER THIS SECTION, A SHOWING OF A VIOLATION OF THE RIGHTS GUARANTEED OR
RECOGNIZED BY THIS SECTION ESTABLISHES A REBUTTABLE PRESUMPTION OF
IRREPARABLE HARM.
F. In any action under subsection E of this section, the
governmental entity or official described in subsection E of this section
has the burden of proof to demonstrate both of the following:
1. That the interference or usurpation is essential to accomplish a
compelling government interest of the highest order, as long recognized in
the history and traditions of this state in the operation of its
regulatory powers.
2. That the method of interference or usurpation used by the
government is narrowly tailored and is not otherwise served by a less
restrictive means.
G. THIS STATE, ANY POLITICAL SUBDIVISION OF THIS STATE OR ANY
OFFICIAL ACTING UNDER COLOR OF LAW EXPRESSLY WAIVES ALL CLAIMS TO
SOVEREIGN, QUALIFIED OR DISCRETIONARY IMMUNITY FOR ANY VIOLATION OF THIS
SECTION.
G. H. A governmental entity or official described in subsection E
of this section may interfere with or usurp the fundamental right of
parents to direct the upbringing, education, health care and mental health
of their children only if the governmental entity or official successfully
demonstrates both elements described in subsection F of this section. If
the governmental entity or official is unsuccessful, the court shall grant
appropriate relief, such as INCLUDING declaratory or injunctive relief,
compensatory damages and attorney fees, based on the facts of the case and
the law as applied to the facts. AT A MINIMUM, THE GOVERNMENTAL ENTITY IS
LIABLE TO THE MINOR CHILD'S PARENT IN AN AMOUNT OF $500,000 [FOR EACH
INSTANCE OF INTERFERING WITH OR USURPING A FUNDAMENTAL RIGHT], AND A
GOVERNMENT OFFICIAL IS PERSONALLY LIABLE TO THE MINOR CHILD'S PARENT IN AN
AMOUNT OF $20,000 FOR EACH [SEPARATE] INSTANCE OF INTERFERING WITH OR
USURPING A FUNDAMENTAL RIGHT. A GOVERNMENTAL ENTITY THAT EMPLOYS THE
OFFICIAL MAY NOT INDEMNIFY AN OFFENDING OFFICIAL AND MAY NOT USE PUBLIC
MONIES TO PAY FOR THE OFFICIAL'S LIABILITY.     THE RIGHT TO SUE BELONGS
INDIVIDUALLY TO EACH OF THE MINOR CHILD'S PARENTS, AND ONE PARENT MAY FILE
SUIT EVEN IF THE MINOR CHILD'S OTHER PARENT DOES NOT CONSENT TO THE
ACTION.
I. IN ADDITION TO SUBSECTION H OF THIS SECTION, A MINOR CHILD'S
PARENT MAY BRING SUIT AGAINST AN EMPLOYEE WHO HAS OR WHO HAS ATTEMPTED TO
FACILITATE, ENCOURAGE OR COERCE A MINOR CHILD TO WITHHOLD INFORMATION FROM
THE MINOR CHILD'S PARENT. AT A MINIMUM, AN EMPLOYEE WHO IS FOUND LIABLE
IS PERSONALLY LIABLE IN AN AMOUNT OF $20,000 [FOR EACH INSTANCE IN WHICH
INFORMATION WAS WITHHELD FROM THE MINOR CHILD'S PARENT], AND A
GOVERNMENTAL ENTITY THAT EMPLOYS THE EMPLOYEE MAY NOT INDEMNIFY AN
OFFENDING EMPLOYEE AND MAY NOT USE PUBLIC MONIES TO PAY FOR THE EMPLOYEE'S
LIABILITY.   A PARENT MAY BRING SUIT AGAINST THIS STATE, ANY POLITICAL
SUBDIVISION OF THIS STATE OR ANY OTHER GOVERNMENTAL ENTITY OR INSTITUTION
THAT MAINTAINS A POLICY THAT ALLOWS THE FACILITATION, ENCOURAGEMENT OR
COERCION BY THE EMPLOYEE OF A MINOR CHILD TO WITHHOLD INFORMATION FROM THE
MINOR CHILD'S PARENT.      AT A MINIMUM, THE GOVERNMENTAL ENTITY OR
INSTITUTION THAT MAINTAINED THE POLICY IS LIABLE TO THE MINOR CHILD'S
PARENT FOR $500,000 FOR EACH [OCCURRENCE] [INSTANCE] IN WHICH INFORMATION
WAS WITHHELD FROM THE MINOR CHILD'S PARENT.     THE RIGHT TO SUE BELONGS
INDIVIDUALLY TO EACH OF THE MINOR CHILD'S PARENTS, AND ONE PARENT MAY FILE
SUIT EVEN IF THE MINOR CHILD'S OTHER PARENT DOES NOT CONSENT TO THE
ACTION.   THE STATUTE OF LIMITATIONS FOR AN ACTION COMMENCED PURSUANT TO
THIS SUBSECTION IS FIVE YEARS AFTER THE CONDUCT CEASED AND THE MINOR
CHILD'S PARENT BECAME AWARE OF THE CONDUCT. [IF AN ACT THAT VIOLATES THIS
SECTION OCCURRED BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS
SECTION AND THE PERSON CONTINUES TO VIOLATE THIS SECTION AFTER THE
EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION, EACH ACT THAT OCCURS
AFTER THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION CONSTITUTES A
SEPARATE VIOLATION FOR THE PURPOSES OF THIS SECTION.]
J. A MINOR CHILD'S PARENT MAY DEMONSTRATE THAT A GOVERNMENTAL
ENTITY OR INSTITUTION MAINTAINED A POLICY OF FACILITATING, ENCOURAGING OR
COERCING A MINOR CHILD TO WITHHOLD INFORMATION FROM THE MINOR CHILD'S
PARENT THROUGH ANY OF THE FOLLOWING:
1. WRITTEN DOCUMENTS THAT ARE MAINTAINED BY THE GOVERNMENTAL ENTITY
OR INSTITUTION, INCLUDING AS GUIDANCE OR POLICY DOCUMENTS, EMAILS,
MEMORANDA OR SPREADSHEETS.
2. DEMONSTRATING THAT A PERSON WHO HAS SUPERVISORY AUTHORITY IN THE
GOVERNMENTAL ENTITY OR INSTITUTION REQUIRED OR RECOMMENDED THAT EMPLOYEES
ENGAGE IN THE CONDUCT.
3. DEMONSTRATING THAT THE GOVERNMENTAL ENTITY'S OR INSTITUTION'S
EMPLOYEES REGULARLY ENGAGED IN THE CONDUCT. A CAUSE OF ACTION ACCRUES
SEPARATELY FOR EACH [DISTINCT ACT] [INSTANCE] OF FACILITATING, ENCOURAGING
OR COERCING A MINOR CHILD TO WITHHOLD INFORMATION FROM THE MINOR CHILD'S
PARENT. FAILING TO ABIDE BY A PARENT'S EXPRESS REQUEST OR HIDING THE ISSUE
FROM A PARENT CONSTITUTES A SEPARATE VIOLATION THAT TRIGGERS A NEW ACCRUAL
DATE, REGARDLESS OF WHEN THE PARENT FIRST SUSPECTED A SOCIAL TRANSITION
WAS OCCURRING.
K. WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT TO
THIS SECTION, THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A
GOVERNMENTAL ENTITY OR INSTITUTION, INCLUDING AN EDUCATIONAL INSTITUTION,
[HAS AN AFFIRMATIVE DUTY TO INVESTIGATE AND DISCOVER ALL PREVIOUS
INSTANCES IN WHICH IT] OR AN EMPLOYEE OF THIS STATE, A POLITICAL
SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR INSTITUTION [THAT]
FACILITATED, ENCOURAGED OR COERCED, OR ATTEMPTED TO FACILITATE, ENCOURAGE
OR COERCE, A MINOR CHILD TO WITHHOLD INFORMATION FROM THE MINOR CHILD'S
PARENT BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT TO THIS SECTION[. THIS
STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR
INSTITUTION, INCLUDING AN EDUCATIONAL INSTITUTION, OR AN EMPLOYEE OF THIS
STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR
INSTITUTION WHO FACILITATED, ENCOURAGED OR COERCED, OR ATTEMPTED TO
FACILITATE, ENCOURAGE OR COERCE, A MINOR CHILD TO WITHHOLD INFORMATION
FROM THE MINOR CHILD'S PARENT BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT
TO THIS SECTION] SHALL DISCLOSE [THE] [ANY KNOWN] OFFENDING ACTION TO THE
MINOR CHILD'S PARENT. THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE OR
A   GOVERNMENTAL   ENTITY  OR   INSTITUTION,   INCLUDING  AN   EDUCATIONAL
INSTITUTION, OR AN EMPLOYEE OF THIS STATE, A POLITICAL SUBDIVISION OF THIS
STATE OR A GOVERNMENTAL ENTITY OR INSTITUTION IS CIVILLY LIABLE TO THE
PARENT OF A MINOR CHILD FOR ANY VIOLATION THAT WAS NOT DISCLOSED PURSUANT
TO THIS SUBSECTION [IF THE VIOLATION WAS ACTUALLY KNOWN OR WOULD HAVE BEEN
DISCOVERED WITH REASONABLE DILIGENCE AND INVESTIGATION]. THIS STATE, A
POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR
INSTITUTION, INCLUDING AN EDUCATIONAL INSTITUTION, IS LIABLE TO THE MINOR
CHILD'S PARENT FOR AT LEAST $500,000 FOR EACH [SEPARATE ACT] [INSTANCE]
THAT WAS NOT DISCLOSED TO THE MINOR CHILD'S PARENT. AN EMPLOYEE OF THIS
STATE, A POLITICAL SUBDIVISION OF THIS STATE OR A GOVERNMENTAL ENTITY OR
INSTITUTION IS PERSONALLY LIABLE TO THE MINOR CHILD'S PARENT FOR AT LEAST
$20,000 FOR EACH [SEPARATE ACT] [INSTANCE] THAT WAS NOT DISCLOSED TO THE
MINOR CHILD'S PARENT. A GOVERNMENTAL ENTITY OR INSTITUTION MAY NOT
INDEMNIFY AN OFFENDING EMPLOYEE AND MAY NOT USE PUBLIC MONIES TO PAY FOR
THE EMPLOYEE'S LIABILITY OR AN INSURANCE POLICY TO COVER THE CIVIL
LIABILITY.
H. L. For the purposes of this section: ,
[1. "DISTINCT ACT OR OMISSION" MEANS AN ACT OR OMISSION THAT
DIFFERS FROM ANOTHER ACT OR OMISSION IN ONE OF THE FOLLOWING WAYS:
(a) THE GOVERNMENTAL ENTITY OR OFFICIAL WHO PERFORMED OR DIRECTED
THE ACT OR OMISSION IS DIFFERENT.
(b) THE SPECIFIC FUNDAMENTAL RIGHT THAT IS INVOLVED IS DIFFERENT.
(c) THE OCCASION OR EPISODE DURING WHICH THE ACT OR OMISSION
OCCURRED IS DIFFERENT AND THERE IS NOT A SINGLE, CONTINUOUS, UNINTERRUPTED
EXERCISE OF AUTHORITY.
(d) THE ACT OR OMISSION OCCURRED AFTER THE GOVERNMENTAL ENTITY OR
OFFICIAL RECEIVED ACTUAL OR CONSTRUCTIVE NOTICE, WHETHER THROUGH A WRITTEN
DEMAND, A PREVIOUS COURT ORDER OR AN EXPRESS ORAL OR WRITTEN OBJECTION
FROM THE MINOR CHILD'S PARENT.]
[1.] [2.] "EDUCATIONAL RECORD" INCLUDES ATTENDANCE RECORDS, TEST
SCORES FROM SCHOOL-ADMINISTERED TESTS AND STATEWIDE ASSESSMENTS, GRADES,
EXTRACURRICULAR ACTIVITY OR CLUB PARTICIPATION RECORDS, EMAIL ACCOUNT
RECORDS, ONLINE OR VIRTUAL ACCOUNTS OR DATA, DISCIPLINARY RECORDS,
COUNSELING RECORDS, PSYCHOLOGICAL RECORDS, APPLICATIONS FOR ADMISSION,
HEALTH AND IMMUNIZATION INFORMATION, INCLUDING ANY MEDICAL RECORDS
MAINTAINED BY A HEALTH CLINIC OR MEDICAL FACILITY THAT IS OPERATED OR
CONTROLLED BY A SCHOOL DISTRICT OR THAT IS LOCATED ON SCHOOL DISTRICT
PROPERTY, TEACHER AND COUNSELOR EVALUATIONS, REPORTS OF THE MINOR CHILD'S
BEHAVIORAL PATTERNS, THERAPY NOTES AND TREATMENT PLAN.
[2.] [3.] "INSTANCE" MEANS EACH [DAY THAT INCLUDES A COMMUNICATION,
MESSAGE, COMMENT OR OTHER ACT THAT VIOLATES THIS SECTION] [SEPARATE ACT OR
OMISSION THAT INTERFERES WITH OR USURPS A FUNDAMENTAL RIGHT EXCEPT THAT
EACH DISTINCT ACT OR OMISSION BEYOND THE FIRST ACT OR OMISSION CONSTITUTES
AN ADDITIONAL INSTANCE, UNLESS IT IS BY THE SAME GOVERNMENTAL ENTITY OR
OFFICIAL ENGAGING IN REPEATED ACTS OF THE SAME NATURE, DIRECTED AT THE
SAME MINOR CHILD AND THE SAME FUNDAMENTAL RIGHT AND OCCURS WITHIN A SINGLE
SCHOOL YEAR OR A TWELVE-MONTH PERIOD, THEN THE REPEATED ACTS CONSTITUTE A
MINIMUM OF ONE INSTANCE PER SCHOOL YEAR OR TWELVE-MONTH PERIOD].
[3.] [4.] "Parent" means the natural or adoptive parent or legal
guardian of a minor child.
[4.] [5.] "SOCIAL TRANSITIONING" MEANS THE PROCESS IN WHICH A
PERSON GOES FROM IDENTIFYING WITH AND LIVING AS A GENDER THAT CORRESPONDS
TO THE PERSON'S SEX TO IDENTIFYING WITH AND LIVING AS A GENDER THAT IS
DIFFERENT FROM THE PERSON'S SEX AND MAY INVOLVE SOCIAL, LEGAL OR PHYSICAL
CHANGES.
[5.] [6.] "WITHOLD" [INCLUDES ALL OF THE FOLLOWING]:
[(a) DECLINING TO NOTIFY A PARENT OR GUARDIAN.
(b) INSTRUCTING A STUDENT TO KEEP INFORMATION FROM A PARENT OR
GUARDIAN.
(c) OTHERWISE PREVENTING A PARENT OR GUARDIAN FROM ACCESSING
INFORMATION TO WHICH THE PARENT OR GUARDIAN IS ENTITLED PURSUANT TO THIS
SECTION.]
[(a) MEANS TO KNOWINGLY FAIL TO DISCLOSE, CONCEAL OR PREVENT THE
COMMUNICATION OF INFORMATION TO A PARENT, WHETHER BY AN AFFIRMATIVE ACT OF
CONCEALMENT, BY DECLINING TO RESPOND TO A PARENT'S INQUIRY OR BY OMITTING
INFORMATION FROM A COMMUNICATION WITH THE PARENT IF THE GOVERNMENTAL
ENTITY OR EMPLOYEE KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT THE PARENT
WAS ENTITLED TO THAT INFORMATION PURSUANT TO THIS SECTION.
(b) DOES NOT INCLUDE A GOOD FAITH DELAY IN PROVIDING INFORMATION
THAT IS PENDING VERIFICATION OF THE INFORMATION'S ACCURACY IF THE
INFORMATION IS DISCLOSED TO THE PARENT WITHIN A REASONABLE TIME AND NOT
LATER THAN FIVE BUSINESS DAYS AFTER THE GOOD FAITH DELAY BEGINS.]
Enroll and engross to conform
Amend title to conform

At a Glance

Status

Vetoed by Governor

Jun 19, 2026

First Action

Jan 15, 2026

Latest Passage

Jun 9, 2026

Sponsor

Lisa Fink

Think this bill should get a citizen poll?

This submits a request for DDP staff to review — not a guarantee Voatz polling will happen.