December 2024: AESA State Examiner

In recent years, state legislatures across the United States have been wrestling with the concept of "parents' rights" in education. This focus has led to a wave of proposed legislation, which seek to codify the role of parents in their children's education and school experiences in permanent law.

Parents’ Bill of Rights legislation has been advanced across the country aided by organizations like the American Legislative Exchange Council (ALEC). ALEC has proposed several model policies that aim to expand parental rights and involvement in their children's education including a specific Parental Rights Amendment. This model constitutional amendment grants parents the right to direct the upbringing and education of their children. The amendment states, "The right of parents to direct the upbringing and education of their children shall not be infringed. The legislature shall have power to enforce, by appropriate legislation, the provisions of this section."

While not explicitly labeled as "Parents' Bill of Rights," other organizations and legislators have proposed similar concepts, including at the federal level, which have helped influence state-level conversations. For example, in 2023, Congressional House Republicans introduced a "Bill of Rights for Students and Parents," that would require schools to make curricula public, provide parents with a list of library books, and offer a minimum of two parent-teacher meetings per year. Similarly, in 2021, U.S. Senator Josh Hawley had introduced a "Parents' Bill of Rights Act," that would prohibit nondisclosure agreements concerning curriculum, allow parents to make copies of classroom material, and require schools to have parents opt their children into extracurricular activities.

The push for these bills intensified during and in the wake of the COVID-19 pandemic, which highlighted various concerns about school policies, curriculum content, and the overall direction of public education. Proponents argue that these bills are necessary to ensure parents have a say in their children's education. Opponents, on the other hand, worry about potential impacts on educational quality, inclusivity, and government over-reach on an issue historically governed locally by elected boards of education.

Key aspects of these parents' bills of rights and related measures often include:

1. Increased transparency in curriculum and teaching materials,
2. Greater parental involvement in school decision-making processes,
3. Expanded school choice options,
4. Provisions for opting out of certain lessons or activities,
5. Posting of instructional materials online, and
6. Requirements that educators report any changes in student behavior, mental or behavioral health, and physical health.

As of 2024, a significant number of U.S. state legislatures have introduced and passed legislation related to Parents' Bill of Rights or similar parental rights measures. Here's an overview of the current policy environment:

Introduction of State Legislation

The introduction of Parents' Bill of Rights legislation has been widespread across the United States:

• In 2022, 85 bills were introduced in 26 states (7%).
• As of mid-March 2023, at least 32 states were considering Parents' Bill of Rights legislation.
• FutureEd identified 62 parental-rights bills that were introduced or pre-filed in the 2023 legislative season.
• According to Education Commission of the States Policy Watch List, 37 bills in 22 states were introduced in 2024 legislative session with three bills being enacted.

Passed Legislation

While many bills have been introduced, a smaller number have been passed into law:

• In 2022, six bills were signed into law—two in Florida, two in Arizona, and one each in Georgia and Louisiana.
• As of June 2023, 18 states have codified parental rights as fundamental in their state laws.
• Some states that have passed parental rights legislation or related measures include:
  • Florida (2021)
  • Alabama (2023)
  • North Dakota (2023)
  • Iowa (2023)
  • Idaho (2024)
  • New Hampshire (2024)
  • Ohio (2024)

The three bills passed in 2024 represent an eight-percent passage rate. An abbreviated overview of each follows below:

• Idaho (HB710): Idaho's House Bill 710, effective July 1, 2024, requires public and school libraries to implement procedures for patrons to challenge content deemed inappropriate for minors. Libraries must review challenged materials within 60 days and potentially relocate or remove items considered "harmful to minors" or face fines and civil damages. The law has raised concerns about First Amendment rights and potential censorship.
• New Hampshire (HB1312): New Hampshire's House Bill 1312, effective September 17, 2024, expands parental notification requirements for curriculum materials related to human sexuality, sexual orientation, and gender identity. It prohibits school districts from adopting policies that would prevent staff from answering parents' questions about their child's mental, emotional, or physical health, sexuality, or changes in related services. The law aims to increase parental involvement and transparency in education.
• Ohio (HB8): Ohio's House Bill 8, passed in December 2024, requires school staff to notify parents of any changes in their child's mental, emotional, or physical health services, including counseling. It mandates parental notification for discussions related to LGBTQ+ identity, bans "sexuality content" in grades K-3, and requires age-appropriate content for other grades. The bill also includes provisions for religious instruction during school hours.

These various proposals and model legislation share common themes of increasing parental involvement, transparency in curriculum and school activities, and expanding school choice options.

While new bills, with more direct efforts by states to dictate local curriculum decisions (and enforce penalties), continue to be introduced and debated, it is important to understand that many states have existing statutes that support parental involvement in making educational decisions:

• At least 10 states have existing statutes that mention parental rights, with six of these having broad provisions.
• 18 states have state statutes that define and protect parental rights, including West Virginia, Michigan, Texas, Colorado, Nevada, Virginia, Kansas, Oklahoma, Arizona, Idaho, Utah, Wyoming, Florida, Montana, Georgia, North Dakota, Iowa, and Alabama.

Existing laws should not be ignored, nor should local district policies that support parental access and involvement, when discussing whether additional state oversight is needed.

It's important to note that the landscape of parental rights legislation is rapidly evolving, with new bills being introduced and considered regularly. With fewer than half of the states having adopted legislation, and a passage success rate of less than 10%, it is likely that bills of this nature will continue to be introduced and debated in statehouses across the country. This is particularly true given its inclusion in Project 2025, a conservative proposal aimed at reducing the role of the federal government in education, which aids in keeping the debate alive at the state level. ESAs and education advocates in states that have not enacted such measures should continue monitoring the issue and be prepared to address the implications for students, schools and professionals.