Mississippi House Bill 1489 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Failed on January 31 2023 - 100% progression
Action: 2023-01-31 - Died In Committee
Text: Latest bill text (Introduced) [HTML]

An Act To Establish The "families' Rights And Responsibilities Act Of 2023"; To Define Terminology Used Herein; To Establish That A Parent's Liberty To Direct The Upbringing, Education, Health Care And Mental Health Of His Or Her Child Is A Fundamental Right; To Prohibit The State Or Any Political Subdivision Thereof From Substantially Burdening A Parent's Fundamental Right Without Demonstrating That The Burden Is Required By A Compelling Governmental Interest; To Provide That All Parental Rights Are Exclusively Reserved To A Parent Of A Child Without Obstruction By Or Interference From The State Or Any Political Subdivision Thereof; To Provide That Abuse Or Neglect Of A Child By A Parent Or The Action Or Decision Of A Parent That Would End Life Are Not Authorized By This Act; To Prohibit Employees Of This State And Any Political Subdivision Thereof, Except For Law Enforcement Personnel, From Encouraging Or Coercing A Child To Withhold Information From The Child's Parent; To Further Prohibit Such Employees From Withholding Information That Is Relevant To A Child's Physical, Emotional Or Mental Health From A Child's Parent; To Require The Board Of Education Of A School District To Develop And Adopt A Policy To Promote The Involvement Of Parents Of Children Enrolled In The District's Schools; To Prescribe The Minimum Requirement Procedures To Be Addressed By The Policy; To Provide The Board Of Education Of A School District With The Discretion To Adopt A Policy To Provide To Parents The Information In An Electronic Form; To Require Parents To Submit A Written Or Electronic Request For The Child's Information To The School Principal Or The Superintendent Of The School District; To Require The School Principal Or Superintendent To Provide The Requested Information To The Parents Within Ten Days Of Receiving The Request, Or Submit To The Parent A Written Explanation Of The Reasons For The Denial Of The Requested Information; To Prescribe The Process By Which A Parent May Submit A Formal Consideration Of The Request Of Information With The School Board If The Requested Information Is Not Received 15 Days After Submitting The Initial Request; To Stipulate The Limitations Placed Upon Persons, Corporations, Associations, Organizations, State Supported Institutions Or Individuals Employed By Any Of These Entities To Provide Any Medical Or Mental Health Service Or Procedure On A Child Without First Obtaining The Consent Of The Child's Parent, Except As Otherwise Provided By Law Or Court Order; To Prescribe Exceptions To The Limitation When Parental Consent Is Not Capable Of Being Given Or In Emergency Situations When Imminent Bodily Harm Or Death Could Result; To Specify The Manner By Which Parental Consent Must Be Verified If Telemedicine Is Provided; To Establish A Cause Of Action For Violation Of This Act; To Provide That This Act Shall Serve As A Defense To Any Cause Of Action That Is Raised As A Result Of A Violation Thereof; To Provide That The Rules Of Construction Shall Provide Broad Protection Of A Parent's Fundamental Rights As Inalienable Unless Those Rights Have Been Legally Waived Or Legally Terminated; To Provide For Severability If Any Part Of This Act Is Held Invalid; To Amend Section 37-3-49, Mississippi Code Of 1972, To Provide The Parent Of Each Public School Student With The Right To Receive Effective Communication From The School Principal As To The Manner In Which Instructional Materials Are Used To Implement The School's Curricular Objectives; To Amend Section 37-13-173, Mississippi Code Of 1972, To Provide Parents The Authority To Opt Their Children Out Of Any Instruction Of The School District's Comprehensive Health Education Relating To Sex Education Upon Submitting A Written Request To The School Principal; To Amend Section 37-15-3, Mississippi Code Of 1972, To Provide That Student And Parental Rights To Education Records Created, Maintained, Or Used By Public Educational Institutions And Agencies Shall Be Protected; To Stipulate That Students And Their Parents Maintain The Right To Access The Student's Educational Records, Waive Access To Such Records, Challenge The Content Of Such Records, Privacy Of Such Records And To Receive Annual Notice Of The Rights To Such Records; To Bring Forward Section 43-21-105, Mississippi Code Of 1972, For The Purpose Of Possible Amendment; And For Related Purposes.

"Families' Rights and Responsibilities Act of 2023"; enact.

Rep. Philip Gunn [R]

Date	Chamber	Action
2023-01-31	House	Died In Committee
2023-01-16	House	Referred To Judiciary B

Chapter	Article	Section	Citation Type	Statute Text
37	13	173	Amended Code	See Bill Text
37	15	3	Amended Code	See Bill Text
37	3	49	Amended Code	See Bill Text
43	21	105	New Code	See Bill Text

Type	Source
Summary	https://billstatus.ls.state.ms.us/2023/pdf/history/HB/HB1489.xml
Text	https://billstatus.ls.state.ms.us/documents/2023/html/HB/1400-1499/HB1489IN.htm