HB 4313 — Creating the Parents' Bill of Rights

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for House Bill 4313 By Delegates Butler, Dillon, Crouse, Pinson, Brooks, Mazzocchi, Kump, andKimble, KimbleHorst, [IntroducedC. January 10, 2024;

ReferredPritt, to the Committee on Senior, Children, and FamilyGreen Issues[Originating thenin Judiciary] Intr HB 2024R1494 A BILL to amend the CodeCommittee ofon West Virginia, 1931, as amended, by adding thereto a new article, designated §49-11-1, §49-11-2, and §49-11-3, all relating to codifying the Parents'Judiciary; Bill of Rights.

Reported on February 22, 2024] CS for HB 4313 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-12-1, §49-12-2, §49-12-3, §49-12-4, and §49-12-5 all relating to the Parents' Bill of Rights;

creating a short title;

providing legislative findings;

creating definitions;

creating a standard of review;

clarifying parental rights;

creating a right of action;

creating a defense;

and providing applicability.

ARTICLE 11.12.

§49-11-1.§49-12-1.

This article shall be known and may be cited as the "Parents' Bill of Rights".Rights." §49-12-2.

§49-11-2.Legislative findings and definition.

Fundamental(a) rightsThe Legislature finds that it is a fundamental right of parents.parents to direct the upbringing, education, care, and medical care of their minor children.

(a) The libertyLegislature offurther afinds parentthat important information relating to directa theminor upbringing,child education,should andnot care,be withheld, either inadvertently or purposefully, from his or her parent, including medicalinformation care,relating ofto the parent'sminor child’s health, well- being, and education, while the minor child is ain fundamentalthe right.custody of the school district.

(b) TheFor parentalpurposes rightof tothis directarticle, educationthe includes,term but“parent” ismeans nota limitedperson to,who thehas rightlegal tocustody choose,of asa anminor alternativechild toas publica education,natural private, religious, or homeadoptive schools,parent andor thea rightlegal toguardian. make reasonable choices within public schools for one's child.

(c)§49-12-3. The parental rights guaranteed by this article shall not be denied or abridged on account of disability.

(d)Infringement Neither the State nor any agency or locality thereof, nor any government official or person acting under color of law,parental shallrights. infringe this right without demonstrating that the governmental compelling interest as applied to the parent and the child is of the highest order as long recognized in the history and traditions of this state, is narrowly tailored, and is not otherwise served by a less restrictive means.

(e)The Astate, parentany mayof bringits suitpolitical againstsubdivisions, theany state,other anygovernmental agencyentity, or locality thereof, any governmentother official,institution ormay anynot personinfringe actingon underthe colorfundamental rights of lawa basedparent onto anydirect violationthe ofupbringing, thiseducation, articlehealth care, and seekmental appropriatehealth relief,of including,his butor nother limitedminor to,child injunctivewithout relief,demonstrating monetarythat damages,such action is reasonable attorneys'and fees,necessary to achieve a compelling state interest and courtthat costs.such action is narrowly tailored and is not otherwise served by a less restrictive means.

§49-12-4.

Parental rights.

1 CS for HB 4313 (a) All parental rights are reserved to the parent of a minor child in this state without obstruction or interference from the state, any of its political subdivisions, any other governmental entity, or any other institution, including, but not limited to, all of the following rights of a parent of a minor child in this state:

(1) The right to direct the education and care of his or her minor child.

(2) The right to direct the upbringing and the moral or religious training of his or her minor child.

(3) The right to apply to enroll his or her minor child in a public school or, as an alternative to public education, a private school, including a religious school, a home education program, or other available options, as authorized by law.

(4) The right to access and review all school records relating to his or her minor child.

(5) The right to make health care decisions for his or her minor child, unless otherwise prohibited by law.

(b) The right to parental rights guaranteed by this article shall not be denied or abridged on account of disability.

(c) A parent may bring suit against the state, any agency or locality thereof, any government official, or any person acting under color of law based on any violation of this article and seek appropriate relief, including, but not limited to, injunctive relief, monetary damages, reasonable attorneys' fees, and court costs.

§49-11-3.§49-12-5.

IntrThis HBarticle 2024R1494applies (a)to Instate general.and local laws, rules, or ordinances, and the implementation of that law, rule, or ordinance, whether statutory or otherwise.

--Statutory Thislaw articleadopted shallafter applythe todate anyof state or local law, rule, or ordinance and the implementationenactment of thatthis law,article rule,is orsubject ordinance,to whetherthis statutoryarticle orunless otherwise,such andlaw whetherexplicitly adoptedexcludes orsuch effectiveapplication priorby reference to or after the effective date of this articlearticle. (b) Rule of construction.

--CS Statutoryfor lawHB adopted4313 after3 the date of the enactment of this article is subject to this article unless such law explicitly excludes such application by reference to this article.

NOTE:

The purpose of this bill is to codify a Parents’ Bill of Rights.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.