Draft Manchester Parents Rights Charter Amendment

** EARLY DRAFT ** ARTICLE XI. PARENT’S BILL OF RIGHTS ** EARLY DRAFT **

SECTION 11.01 DEFINITIONS

(a)   "Parent" means a person who has legal custody of a minor child as a natural or adoptive parent or a legal guardian, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment.

(b)  “Minor” means a person under the age of 18 years.

(c)   "Compelling state interest" means a circumstance wherein the physical safety of the child has been harmed or is threatened with harm of such a grave nature by the actions or inactions of the child’s parent or parents that the state or its agencies or instrumentalities are justified in acting to protect the child without the knowledge or consent of a parent or in withholding information about the child from the parent or parents.  Potential or actual psychological or emotional injury to a child from a parent’s actual, threatened, or anticipated reaction to learning information about his or her child, including emotions such as anger, disappointment, sadness, disapproval or other behaviors does not constitute a compelling state interest for withholding information about the child from a parent, but such injury, if sufficiently serious, may constitute grounds for taking action against the parent for abuse or neglect under RSA chapter 169-C.  Although there are many circumstances in which a state actor, such as a teacher or a school, may act in loco parentis, the mere fact that such a state actor is acting in this capacity is not sufficient to establish a compelling state interest.  To establish a compelling state interest a state actor must be able to demonstrate the existence of actual or threatened physical harm to the child by clear and convincing evidence based on specific, detailed, and reliable information.  Even when a compelling state interest exists, a state actor must use the means for satisfying the interest that is the least infringing to the parental rights described in this chapter and must do so only for the minimum time necessary to accomplish its objective.

(d)  "Adult cabaret entertainment" means adult-oriented performances that that feature topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers; and includes a single performance or multiple performances by an entertainer.

SECTION 11.02 INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED

The city or school district, or any agents or employees thereof, shall not infringe upon or violate the fundamental rights of a parent, as delineated in SECTION 11.03 of this Charter or other law, to direct the upbringing, education, health care, and mental health care of his or her minor child without demonstrating that such action is reasonable and necessary to achieve a compelling state interest as defined in SECTION 11.01 (c) of this Charter.

SECTION 11.03 PARENTAL RIGHTS

(a)   All parental rights are reserved to the parent of a minor child in this city without obstruction or interference from the city or school district. Such parental rights include, but not limited to, all of the following rights of a parent of a minor child in this city:

(1)          The right to direct the upbringing and the moral or religious training of their minor child.

(2)          The right to direct the education of their minor child, including the right to choose to enroll their child in their assigned resident public school, a public charter school, an approved nonpublic school, home education program, or education freedom account program, per RSA 193:1 and RSA 194:F:1, et seq.

(3)          The right to request their child be enrolled in a public school other than the public school assigned to them by their residence to avoid a manifest educational hardship, per RSA 193:3.

(4)          The right to enroll their child in a private school, including a religious school, a home education program, or other available options, as authorized by law, as an alternative to public education, per RSA 193:1 and RSA 194:F-1, et seq.

(5)          The right to obtain access for their child in public curricular courses and co-curricular programs offered by the local school district where the student resides while choosing to enroll their child in a non-public school, public charter school, home education or education freedom account program, per RSA 193:1-c; RSA 194-F:2, II (d).

(6)          The right to inspect any instructional material used as part of the educational curriculum for the student.  The procedures will provide reasonable access to instructional materials within a reasonable period of time after the request is received, per 20 U.S.C. section 1232h, (c)(1)(C).

(7)          The right to exempt their minor child from immunizations per RSA 141-C:20-a and 141-C:20-c.

(8)          The right to exempt their public-school student from participating in the required statewide assessments (English language arts, mathematics, and/or science), per RSA 193-C:6.

(9)          The right to receive information regarding the level of achievement and academic growth of their child in each of the state academic assessments (English language arts, mathematics, and/or science), per Every Student Succeeds Act, Section 1112 (e)(1)(B)(i).

(10)      The right to opt out of health or sex education under RSA 186:11, IX-b and any other objectionable material under RSA 186:11, IX-c.

(11)      The right to access and review all education records relating to their minor children within 14 days after the day the school receives a request for access pursuant to RSA 189:66, IV and 34 C.F.R. section 99.5.  

(12)      The right to be promptly notified if a criminal offense has been committed against their minor child, unless the criminal activity was a simple assault involving students in kindergarten through grade 12, per RSA 193-D:4.

(13)      The right to be notified whenever seclusion or restraint has been used on the child, per RSA 126-U:7.

(14)      The right to be informed of the school district’s policy regarding discipline policies and procedures, per RSA 193:13.

(15)      The right to be advised of any non-academic survey or questionnaire to be administered to students and the requirement that the parent consent to a child completing such a survey or questionnaire and the right to opt their child out of the Youth Risk Behavior Survey developed by the Centers for Disease Control and Prevention, per RSA 186:11, IX-d.

(16)      school district acting pursuant to the provisions of RSA 189:68, III- V, makes a video or voice recording of their minor child unless such recording is made during or as part of a court proceeding or is made as part of a forensic interview in a criminal or other investigation by the bureau of child protective services or is to be used solely for the purpose of a safety demonstration, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles.

(17)      The right to be informed, upon inquiry, if their child is being called by any name other than the name under which the child was enrolled in the school.

(18)      The right to be informed, upon inquiry, if the child, at or before the time of inquiry, is being identified as having a gender or pronouns other than that which was recorded or used when the child was enrolled.

(19)      The right to know, upon inquiry, what extracurricular activities, clubs, or organizations their child is participating in or has participated in at or before the time of inquiry.

(b)  Federal law provides for additional parent and family involvement for schools that are receiving Title I, Part A; Title I, Part C (migrant); and Title III, Part A (EL) funds, including:

(1)          The right to receive information, including student reports, in an understandable and uniform format and to the extent practicable, in a language that parents can understand, per Sections 1112(e)(4); 1114(b)(4); 1116(e)(5); and 1116(f).

(2)          Upon request of the parent, the right to receive information regarding state qualifications of the student’s classroom teachers and paraprofessionals providing services to the child, per Section 1112(e)(1)(A)(i-ii).

(3)          The right to receive an annual local educational agency report card that includes information on such agency as a whole and each school served by the agency, per Section 1111(h)(2)(A-B)(i-iii).

(4)          The right to request that a student’s name, address, and telephone number not be released to military recruiters without prior written consent by the parents.

(c)   This section does not:

(1)          Authorize a parent of a minor child to engage in conduct that is unlawful or to abuse or neglect his or her minor child in violation of law;

(2)          Prohibit a court of competent jurisdiction, law enforcement officer, or employees of a government agency that is responsible for child welfare from acting in such person's official capacity within the reasonable and prudent scope of his or her authority, pursuant to RSA 186:11, IX-c.

(d)  An employee of the city or school district that coerces a minor child to conceal a violation of this chapter from his or her parent shall be subject to disciplinary action.

(e)   The specific rights listed in this chapter do not comprise all of the inalienable parental rights possessed by the parent or parents of a minor child and nothing in this chapter shall be construed to restrict or limit any such rights that are not listed.

SECTION 11.04 SCHOOL COMMITTEE NOTIFICATION OF PARENT’S RIGHTS

(a)   The school district shall, in consultation with parents, teachers, and administrators, develop, adopt and promulgate publicly a policy to promote parental involvement in the public school system.  Such policy must include:

(1)          A plan for parental participation in schools to improve parent and teacher cooperation in such areas as homework, school attendance, and discipline.

(2)          A procedure for a parent to learn about his or her minor child’s course of study, including the source of any supplemental education materials.

(3)          Procedures for a parent to object to instructional materials and other materials used in the classroom.  Such objections may be based on beliefs regarding morality, sex, and religion or the belief that such materials are harmful.  For purposes of this section, the term “instructional materials” shall include, without limitation, all materials used in the classroom, including workbooks and worksheets, handouts, software, applications, and any digital media made available to students.

(4)          Procedures for a parent to withdraw his or her minor child from any portion of the school district’s health education program that relates to sex education or instruction in acquired immune deficiency syndrome or any instruction regarding sexuality if the parent provides a written objection to his or her minor child’s participation.  Such procedures must provide for a parent to be notified in advance of the content of such courses so that the parent may withdraw his or her minor child from those portions of the course.

(5)          Procedures for a parent to learn about the nature and purpose of clubs and activities offered at his or her minor child’s school, including those that are extracurricular or part of the school curriculum.

(6)          Procedures for a parent to learn about parental rights and responsibilities under general law, including all of the following:

(7)          The right to opt his or her minor child out of any portion of the school district’s health education program that relates to sex education instruction in acquired immune deficiency syndrome education or any instruction regarding sexuality.

(8)          The right of a parent to exempt his or her minor child from immunizations as per the provisions of RSA 141-C:20-a relative to immunizations.

(9)          The right of a parent to receive statewide, standardized assessment results.

(10)      The right of a parent to enroll his or her minor child in gifted or special education programs if the child qualifies for such programs.

(11)      The right of a parent to inspect school district instructional materials.

(12)      The right of a parent to access information relating to the school district’s policies.

(13)      The right of a parent to receive a school report card and be informed of his or her minor child’s attendance requirements and compliance with such requirements.

(14)      The right of a parent to access information relating to the state public education system, state standards, report card requirements, attendance requirements, and instructional materials requirements.

(15)      The right of a parent to participate in parent-teacher associations and organizations that are sanctioned by a school district or the department of education.

(16)      The right of a parent to opt out of any district-level data collection relating to his or her minor child not required by federal or state law.

(b)  The school district may provide the information required in this section electronically or post such information on its website.  Additionally, at the beginning of each new school year the school district shall provide to parents a written copy a document which shall be titled, "Parents’ Bill of Rights," which shall be consistent with this article, and which shall inform parents of the following:

(1)          You have the right and expectation to question and address your child’s school officials via letters, electronic communications, and in person meetings including School Committee meetings.  You also have the right to attend publicly designated meetings with proper notice of the meetings provided.

(2)          You have the right and expectation to question and review curriculum taught in your child’s school by questioning the School Committee and school administrators during public comment periods at publicly designated meetings.

(3)          You have the right and expectation that academic curriculum taught in your child’s school aligns with New Hampshire and federal law.

(4)          You have the right and expectation to participate in the selection and approval of academic standard for the State of New Hampshire.

(5)          You have the right and expectation to access educational materials and curriculum taught to your child in the classroom and school.

(6)          You have the right to run as a candidate for your School Committee.

(7)          You have the right to make decisions regarding vaccinations and immunizations for your child.

(8)          You have the right and expectation to make medical decisions on behalf of your child.

(9)          You have the right and expectation to receive your child’s student health records.

(10)      You have the right to receive special education services on behalf of your child with a disability.

(c)   A parent may request, in writing, from the district school superintendent the information required under this section pursuant to RSA 91-A.

SECTION 11.05 ADULT CABARET ENTERTAINMENT PROHIBITED

No adult cabaret performance shall be held at on school district property, nor shall the school district sanction such performances by students or student organizations, nor shall the city or school district fund such performances. 

11.06 PROTECTION OF BOYS AND GIRLS ATHLETICS

For the purpose of participation in any city or school district sanctioned athletic team, club or event, all athletes shall be identified strictly in accordance with his or her biological sex, regardless of otherwise claimed gender identity and regardless of any received treatments intended to affect medical transition from one gender to the other.

11.07 SEXUALLY EXPLICIT MEDIA; PARENTAL CONSENT REQUIRED

The city or school district shall not provide or permit access to books, videos, teaching materials, or any other form of media depicting or describing sex acts to minors without first obtaining written parental consent. The specific items intended for use must be clearly named and described in the consent form.

SECTION 11.08 COLLECTION OF BIOMETRIC DATA PROHIBITED

The city and school district are prohibited from making, recording, sharing or storing biometric scans, blood or deoxyribonucleic acid (DNA) of their minor child, except as required by law or authorized pursuant to a court order.

SECTION 11.09 VIOLATIONS 

(a)   A violation of any provision of this chapter by a city or school district employee or agent shall constitute a violation by ordinance and shall carry a $1,000 fine.

(b)  A violation of any provision of this chapter by a city or school district employee or agent shall be subject to disciplinary action.

(c)   A violation of any provision of this chapter by a city or school district employee or agent shall be subject to SECTION 8.15 of this Charter.