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SB 0449 - Education; protection of the fundamental right of parents to direct the upbringing and education of their minor children from undue infringement by a state or local government entity; provide

Tracking Level: Hot
Sponsor: Clint Dixon
Last Action: 2/28/2022 - House - House Second Readers
Senate Committee: Education and Youth
House Committee: Education
Assigned To:
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Staff Analysis of the Legislation

GSBA-CWO Header 

SUMMARY: LC 49 0780-EC  LC 49 0855-EC

See also HB 1178 and HB 1158

Changes in the substitute are highlighted below. 

This bill comes from the Governor and is the Parents' Bill of Rights.  It repeats some basic rights of parents and some requirements already in law.  It establishes a parent's right to review all instructional material intended for use in the classroom of their minor child.  Instructional material is defined as it currently is in state code and State Board rule. It defines a review period as the first two weeks of each nine-week grading period of the school year. If a school does not use a nine-week grading period, the review period is the first tow weeks of each grading period of the school year.

This substitute uses "governing body" to include all public schools rather than just the local board. NEW

The parent has the right to provide written notice that photographs or video or voice recordings of his/her child are not permitted, subject to applicable public safety and security exceptions. NEW, changed from opt-in to opt out and adds a security exception 

The parent has the right to request in writing from the superintendent or principal the information listed in the bill. The information must be provided in a reasonable time not to exceed three days. If it is not available within three days, the parent must be notified the timeline for making it available but must do so within 30 days.

If the parent's request is denied, the parent may appeal to the local board or a charter school governing board.  The board must place the appeal on the agenda for its next public meeting. A parent aggrieved with the board' decision may appeal to the State Board as provided in 20-2-1160.

Each governing body shall, in consultation with parents, teachers, and administrators, develop and adopt a policy or regulation to promote parental involvement in the public schools.  The policy or regulation must be posted on the governing body's website and a copy made available for review on site upon request by a parent.  The policy or regulation must include:

  • Procedures for a parent to review records relating to his or her minor child
  • Procedures for a parent to learn about his/her minor child's courses of study, including but not limited to, parental access to instructional materials intended for use in their child's classroom. These instructional materials must be made available for parental review during the review period whether online or if not available online, on site upon the parent's request.
  • Procedures for a parent to object to instructional materials intended for use in his or her minor's child's classroom or recommended by the child's teacher.
  • Procedures for a parent to withdraw their child from the school's prescribed course of study in sex education if the parent provides a written objection to the child's participation. The procedures must provide for a parent to be notified in advance of such course content so they may withdraw their child from those portions.  NEW -- parent can opt child out of the course but not part of the course.
  • Procedures for a parent to consent to photographing or video or voice recording their child 

 This code section is not waivable.



July 1, 2022 

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text