HB 752 - Education; parental authority; provisions

Georgia House of Representatives - 1995/1996 Sessions

HB 752 - Education; parental authority; provisions

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8
Code Sections - 20-2-665/ 20-2-666/ 20-2-667/ 20-2-668/ 20-2-669/ 20-2-669.1/ 20-2-669.2/ 20-2-669.3/ 20-2-669.4/ 20-2-669.5/ 20-2-669.6
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House Comm: Ed / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/15/95 Read 1st Time 2/16/95 Read 2nd Time ---------------------------------------- Code Sections amended:
HB 752 LC 25 0068 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Chapter 2 of Title 20 of the Official Code of 1- 2 Georgia Annotated, relating to elementary and secondary 1- 3 education, so as to recognize parental authority and control 1- 4 over children's education and upbringing; to provide for 1- 5 written parental consent and school system disclosure 1- 6 concerning certain types of student assessments; to provide 1- 7 for disclosure of information regarding student records; to 1- 8 provide for security and restricted release of student 1- 9 records; to limit the contents of permanent student records; 1-10 to provide for parental inspection and review of student 1-11 records; to provide for challenges to the contents of 1-12 student records; to regulate student exposure to certain 1-13 types of assessments, surveys, and recorded material; to 1-14 provide for adoption of local policies and procedures; to 1-15 provide for notice to parents; to provide for withholding of 1-16 state funds from a school system for noncompliance; to 1-17 exclude application to reports of child abuse; to provide 1-18 for civil actions; to provide for applicability to students 1-19 18 years of age and older; to repeal conflicting laws; and 1-20 for other purposes. 1-21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-22 Chapter 2 of Title 20 of the Official Code of Georgia 1-23 Annotated, relating to elementary and secondary education, 1-24 is amended by inserting after Article 15 a new Article 15A 1-25 to read as follows: "ARTICLE 15A 1-26 20-2-665. (Index) 1-27 The General Assembly recognizes that parents possess 1-28 primary authority and control over the upbringing and 1-29 education of their children, including without limitation 1-30 academic, emotional, medical, psychiatric, mental health, 1-31 psychological, and social matters. -1- (Index) LC 25 0068 2- 1 20-2-666. (Index) 2- 2 (a) Any instructional material provided by a local school 2- 3 system or school, or supplied to a local school system or 2- 4 school by any other entity, including without limitation 2- 5 teachers' manuals, films, tapes, computer programs and 2- 6 networks, technological instructional materials, 2- 7 assessments, or other supplemental instructional material, 2- 8 and any material which is to be used, viewed by, or made 2- 9 available to students, shall be made available by the 2-10 school system at a reasonable time for parental 2-11 inspection, review, and copying upon request of a parent 2-12 or guardian of a student, provided that any such copies so 2-13 made shall be only for the personal use of the parent or 2-14 guardian. 2-15 (b) No state department or agency, local school system, or 2-16 any officer, agent, or employee thereof shall require a 2-17 student as part of any curriculum or educational program 2-18 to submit to any psychological, psychiatric, mental 2-19 health, or psychometric examination, testing, treatment, 2-20 survey, analysis, assessment, or evaluation without the 2-21 prior express written consent of the parent or guardian of 2-22 the student for each such incident or course of treatment 2-23 and notice to the parent or guardian of his or her right 2-24 to be present or on the premises during the same. 2-25 (c) Upon request of a parent or guardian of a student, a 2-26 local school system shall be required, in relation to any 2-27 curriculum and in relation to any screening, observation, 2-28 or assessment of a student for which consent is required 2-29 pursuant to subsection (b) of this Code section, to 2-30 provide to the parent or guardian a written statement of: 2-31 (1) The purpose of the curriculum or of the screening, 2-32 observation, or assessment and what a screening, 2-33 observation, or assessment is designed to measure; 2-34 (2) Whether and how that purpose is related to cognitive 2-35 instruction or to objectives which describe changes in a 2-36 student's interests, attitudes, values, and the 2-37 development of appreciations and adequate adjustment; 2-38 (3) The rationale for scoring and standards of 2-39 evaluation; and 2-40 (4) Types of prescribed treatment or educational plans 2-41 which may result from a screening, observation, or 2-42 assessment. -2- (Index) LC 25 0068 3- 1 20-2-667. (Index) 3- 2 (a) Each local school system shall, within ten days after 3- 3 a student's registration, provide to a parent or guardian 3- 4 of a student attending a school within that school system 3- 5 written disclosure of the types of individual student 3- 6 records routinely maintained by the school, the subject 3- 7 matters to be included within such records, the means by 3- 8 which the information will be obtained, the purposes for 3- 9 which the information is needed, the identity of those 3-10 persons who will have routine access to the information, 3-11 and the means by which the parent or guardian may grant 3-12 permission for other persons to have access to or examine 3-13 such records. 3-14 (b) All individual student records, including paper files, 3-15 microfilm, microfiche, and electronic data bases, shall be 3-16 stored and maintained in such a manner as to prevent 3-17 access to the same, either physically or electronically, 3-18 by anyone other than the principal of the school attended 3-19 by the student or by local school system employees 3-20 designated by the principal. 3-21 (c) Except as provided by this subsection, no local school 3-22 system, charter school, or any special school created 3-23 pursuant to Article VIII, Section V, Paragraph VII of the 3-24 1983 Georgia Constitution, or any officer, agent, or 3-25 employee thereof shall release any individual student 3-26 record or any part thereof without prior written consent 3-27 of a parent or guardian to anyone other than a parent or 3-28 guardian of the student or local school personnel 3-29 authorized pursuant to subsection (b) of this Code 3-30 section. Student records shall be maintained within the 3-31 local school system, charter school, or special school 3-32 wherein the student is registered, and the contents 3-33 thereof shall not be released or transferred 3-34 electronically or otherwise beyond the local school 3-35 system, charter school, or special school wherein the 3-36 student is registered, other than in the aggregate for 3-37 attendance reports without identification of any 3-38 individual. The contents of individual student records 3-39 shall not become part of any data base used for purposes 3-40 of census reports, academic achievement reports, 3-41 participation in government programs, or job placement 3-42 programs, other than in the aggregate for reports made 3-43 only to the state or its agencies or departments without 3-44 identification of any individual. -3- (Index) LC 25 0068 4- 1 (d) No record or notation of any student's alleged 4- 2 criminal activity, criminal arrest, or criminal conviction 4- 3 shall be placed in any permanent student record; provided, 4- 4 however, that such information may be maintained in a 4- 5 separate file to be made available to school 4- 6 administrators and teachers having responsibility and 4- 7 governance over such a student, and the same shall be 4- 8 available to a parent or guardian of the student pursuant 4- 9 to the provisions of subsection (e) of this Code section. 4-10 (e) Each local school system shall, upon request of a 4-11 parent or guardian of a student, make available for 4-12 inspection, review, and copying at a reasonable time all 4-13 individual student records regarding that parent's or 4-14 guardian's child. 4-15 (f) Upon inspection of a student record as provided by 4-16 subsection (e) of this Code section, a parent or guardian 4-17 of a student may contest the accuracy, completeness, or 4-18 relevance of the contents of a student record by giving to 4-19 the principal of the school attended by the student 4-20 written notice of a requested change to the record, 4-21 specifying what information is being challenged and the 4-22 correction, supplement, or deletion desired. The 4-23 principal or his or her designee shall have ten days, 4-24 excluding Saturdays, Sundays, and legal holidays, from 4-25 receipt of such notice to acknowledge the same in writing. 4-26 The principal or his or her designee shall promptly review 4-27 the record and the requested changes thereto and shall 4-28 either comply with the request in whole or in part or 4-29 shall deny the request, and the decision shall be 4-30 communicated promptly in writing to the parent or 4-31 guardian. If the request is granted in whole or in part, 4-32 then the record shall be changed accordingly. If the 4-33 request is denied in whole or in part, then the requested 4-34 but denied changes shall be placed and maintained 4-35 separately in the student record. 4-36 20-2-668. (Index) 4-37 No state department or agency, local school system, or any 4-38 officer, agent, or employee thereof shall subject a 4-39 student, as part of any curriculum or educational program, 4-40 to participation in a survey, analysis, or evaluation 4-41 which would require disclosure by the student of 4-42 information about the student or the student's immediate 4-43 family concerning: -4- (Index) LC 25 0068 5- 1 (1) Political affiliations or philosophies; 5- 2 (2) Mental or psychological problems; 5- 3 (3) Sexual behavior, attitudes, and orientations; 5- 4 (4) Illegal, antisocial, self-incriminating, or 5- 5 demeaning behavior; 5- 6 (5) Critical appraisals of other individuals or 5- 7 institutions with whom respondents have close familial 5- 8 relationships; 5- 9 (6) Communications or information subject to the 5-10 protection of the attorney-client privilege, 5-11 psychiatrist-patient privilege, or other similar 5-12 privilege recognized by law; 5-13 (7) Income, other than that information required by law 5-14 to determine eligibility for participation in a program 5-15 or for receiving financial assistance under such 5-16 program; 5-17 (8) Personal values, attitudes, or beliefs; or 5-18 (9) Religious affiliations or beliefs 5-19 without the prior express written consent of the parent or 5-20 guardian of the student. 5-21 20-2-669. (Index) 5-22 No state department or agency, local school system, or any 5-23 officer, agent, or employee thereof shall require a 5-24 student, as part of any curriculum or educational program, 5-25 to view or listen to any film, movie, filmstrip, 5-26 videotape, audiotape, record, or other video or audio 5-27 recording which contains pornographic material or which 5-28 has been assigned a rating of 'X,' 'NC-17,' or 'R' by the 5-29 Motion Picture Association of America, and such recordings 5-30 shall not be used by a school system as part of any 5-31 student curriculum or educational program. 5-32 20-2-669.1. (Index) 5-33 (a) Each local board of education shall, no later than 5-34 December 31, 1995, adopt policies and guidelines for 5-35 implementing such policies concerning the use and 5-36 administration of any psychological, psychiatric, or 5-37 psychometric examination, testing, treatment, or survey 5-38 for which parental or guardian consent is required by 5-39 subsection (b) of Code Section 20-2-666 or by Code Section -5- (Index) LC 25 0068 6- 1 20-2-668 and concerning the form, content, and method of 6- 2 obtaining the written consent required by subsection (b) 6- 3 of Code Section 20-2-666 or by Code Section 20-2-668. 6- 4 Such policies and guidelines shall provide for alternative 6- 5 assignments or activities for students whose parents or 6- 6 guardians have refused consent and shall provide that such 6- 7 alternative assignments shall have equal academic credit 6- 8 as that for which consent was refused and shall not be 6- 9 punitive in content or length. 6-10 (b) Prior to the adoption of policies and guidelines 6-11 pursuant to subsection (a) of this Code section, the local 6-12 board of education shall provide an opportunity to receive 6-13 recommendations and comments from board members, school 6-14 system personnel, parents of students enrolled in schools 6-15 within the school system, and members of the public. 6-16 20-2-669.2. (Index) 6-17 Each local school system shall, upon a student's 6-18 registration, provide to a parent or guardian of a student 6-19 attending a school within that school system written 6-20 notice of the provisions of this article. Such notice 6-21 shall be clearly identified as 'Notice of Certain Parental 6-22 Rights and Requirements for Informed Consent,' and receipt 6-23 of the same shall be acknowledged in writing by the parent 6-24 or guardian and returned to the school for placement in 6-25 the student's permanent records. 6-26 20-2-669.3. (Index) 6-27 In the event a local school system shall fail to comply 6-28 with any provision of this article, the State Board of 6-29 Education shall withhold from the local system all of the 6-30 state contributed funds allotted to the local system until 6-31 full compliance is made by the local system. The state 6-32 board shall, before withholding funds, notify the local 6-33 system of its intention and state the reasons for such 6-34 action. The governing board of the local system shall be 6-35 entitled to a hearing before funds are withheld, provided 6-36 that the local system requests a hearing within 30 days 6-37 from receipt of notification. If the local governing 6-38 school board feels itself aggrieved by the final decision 6-39 of the state board following the hearing, the local board 6-40 shall have the right to obtain judicial review of the 6-41 decision, on the record made before the state board, by 6-42 filing an appeal in the superior court of the county of 6-43 the local system affected. The appeal shall plainly -6- (Index) LC 25 0068 7- 1 specify the decision being challenged, the questions in 7- 2 dispute, the decision of the state board, the relief 7- 3 sought by the local board, and the contentions of the 7- 4 local board. The appeal shall be based upon the record as 7- 5 a whole established at the time of the hearing before the 7- 6 state board. A transcript of the testimony and other 7- 7 evidence adduced before the state board at the time of 7- 8 such hearing shall be prepared and certified as true and 7- 9 correct by the State School Superintendent and filed in 7-10 the court within 30 days after date of service of a copy 7-11 of the appeal upon the Superintendent or within such other 7-12 time as the court may allow. The decision of the state 7-13 board on appeal shall not be set aside if based upon any 7-14 evidence in the record, considering the record as a whole. 7-15 The court may, in its discretion, whether or not prayed 7-16 for in the appeal, remand the matter for future 7-17 proceedings or findings on such directions or terms as may 7-18 be specified in the order of the court. Proceedings for 7-19 review of the final judgment of the court shall follow the 7-20 same course which is now or may hereafter be prescribed 7-21 for other civil actions in the superior court. No funds 7-22 shall be withheld until all appeals are exhausted. Any 7-23 local school system which feels aggrieved by any decision 7-24 of the state board shall have the right to appeal under 7-25 the provisions of this Code section. 7-26 20-2-669.4. (Index) 7-27 The provisions of this article shall not be construed to 7-28 prohibit reporting child abuse pursuant to the 7-29 requirements of Code Section 19-7-5. 7-30 20-2-669.5. (Index) 7-31 (a) Except as otherwise provided by Code Section 7-32 20-2-669.4, any parent or guardian injured by the breach 7-33 of any duty imposed by the provisions of this article may 7-34 bring an original action in superior court for damages or 7-35 equitable relief, any other provision of law to the 7-36 contrary notwithstanding, and the amount of any damages 7-37 awarded shall be determined by the enlightened conscience 7-38 of a fair and impartial jury. 7-39 (b) No civil action pursuant to subsection (a) of this 7-40 Code section in which a local school system or officer, 7-41 agent, or employee thereof is a defendant shall be brought 7-42 until more than 90 days after the aggrieved parent or 7-43 guardian has filed written notice of the grievance and the -7- (Index) LC 25 0068 8- 1 substance thereof with the local governing school board. 8- 2 Upon receipt of any such written notice, the local board 8- 3 shall cause the matter to be investigated and shall make 8- 4 findings and take such remedial action as it deems 8- 5 necessary and appropriate, if any, and the findings and 8- 6 action of the board shall be reported in writing to the 8- 7 aggrieved parent or guardian within 90 days of the filing 8- 8 of the grievance. 8- 9 20-2-669.6. (Index) 8-10 For purposes of this article, whenever a student attains 8-11 18 years of age, the provisions of this article otherwise 8-12 applicable to a parent or guardian of a student shall 8-13 apply to the student in lieu of a parent or guardian." SECTION 2. 8-14 All laws and parts of laws in conflict with this Act are 8-15 repealed. -8- (Index)

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