parents' bill of rights; remedies, the official text

REFERENCE TITLE: parents' bill of rights; remedies

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2249

Introduced by

Representative
Fink

AN
ACT

amending section 1-602, Arizona
Revised Statutes; relating to the parents' bill of rights.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 1-602, Arizona Revised
Statutes, is amended to read:

START_STATUTE1-602. Parents' bill of rights; governmental interference restricted;
burden of proof; civil actions; definitions

A. All parental rights are exclusively reserved to a
parent of a minor child without obstruction or interference from this state,
any political subdivision of this state, any other governmental entity or any
other institution, including:

1. The right to direct the education of the minor
child.

2. All rights of parents identified in title 15,
including the right to access and review all records relating to the minor
child.

3. The right to direct the upbringing of the minor
child.

4. The right to direct the moral or religious
training of the minor child.

5. The right to make all health care decisions for
the minor child, including rights pursuant to sections 15-873, 36-2271
and 36-2272, unless otherwise prohibited by law.

6. The right to request, access and review all
written and electronic medical records of the minor child unless otherwise
prohibited by law or unless the parent is the subject of an investigation of a
crime committed against the minor child and a law enforcement official requests
that the information not be released.

7. The right to consent in writing before a
biometric scan of the minor child is made pursuant to section 15-109.

8. The right to consent in writing before any record
of the minor child's blood or deoxyribonucleic acid is created, stored or
shared, except as required by section 36-694, or before any genetic
testing is conducted on the minor child pursuant to section 12-2803
unless authorized pursuant to section 13-610 or a court order.

9. The right to consent in writing before this state
or any of its political subdivisions makes a video or voice recording of the
minor child, unless the video or voice recording is made during or as a part of
a court proceeding, by law enforcement officers during or as part of a law
enforcement investigation, during or as part of an interview in a criminal or
child safety services investigation or to be used solely for any of the
following:

(a) Safety demonstrations, including the maintenance
of order and discipline in the common areas of a school or on pupil
transportation vehicles.

(b) A purpose related to a legitimate academic or
extracurricular activity.

(c) A purpose related to regular classroom
instruction.

(d) Security or surveillance of buildings or
grounds.

(e) A photo identification card.

10. The right to be notified promptly if an employee
of this state, any political subdivision of this state, any other governmental
entity or any other institution suspects that a criminal offense has been
committed against the minor child by someone other than a parent, unless the
incident has first been reported to law enforcement and notifying the parent
would impede a law enforcement or child safety services
investigation. This paragraph does not [create] establish any new obligation for school districts and charter
schools to report misconduct between students at school, such as fighting or
aggressive play, that is routinely addressed as a student disciplinary matter
by the school.

11. The right to obtain information about a child
safety services investigation involving the parent pursuant to section 8-807.

12. The right to consent in writing
and be informed if any school employee facilitates or implements any form of
social transitioning for the minor child, including addressing or referring to
the minor child by a name or nickname other than the minor child's legal name
or a natural derivative of that name or referring to the minor child using
pronouns, titles or personal identifiers that do not align with the minor
child's sex.

13. IN addition to the requirements
prescribed in paragraph 2 of this subsection, the right to request, review and
access the minor child's complete EDUCATIONal record. A school
employee may not withhold information from a parent regarding the parent's
minor child, including any information in the minor child's educational record
regarding the minor child's physical, emotional, mental or academic well-being.

B. This section does not authorize or allow a parent
to engage in conduct that is unlawful or to abuse or neglect a child in
violation of the laws of this state. This section does not prohibit
courts, law enforcement officers or employees of a government agency
responsible for child welfare from acting in their official capacity within the
scope of their authority.  This section does not prohibit a court from issuing
an order that is otherwise allowed by law.

C. Any attempt to facilitate, encourage
or coerce or any completed act that facilitates, encourages or
coerces a minor child to withhold information from the child's parent is
grounds for discipline of an employee of this state, any political subdivision
of this state, any other governmental entity or any other institution, except
for law enforcement personnel who have probable cause to believe
that a crime was committed by the minor child's parent and who withholds that
information in the course of an investigation of that crime.  This state, a political subdivision of this state, a governmental
entity or an institution may not maintain a policy that allows an employee to
facilitate, encourage or coerce a minor child to withhold information from the
minor child's parent.

D. Unless those rights have been legally waived or
legally terminated, parents have inalienable rights that are more comprehensive
than those listed in this section. This chapter does not prescribe
all rights of parents or preempt or foreclose claims or remedies in support of
parental rights that are available under the constitution, statutes or common
law of this state.  Unless otherwise required by law, the rights of parents of
minor children shall not be limited or denied.

E. Except as prescribed in subsections F and G of
this section, this state, a political subdivision of this state or any other governmental
entity, or any official of this state, a political subdivision of this state or
any other governmental entity acting under color of law, shall not interfere
with or usurp the fundamental right of parents to direct the upbringing,
education, health care and mental health of their children.  A parent may bring
suit against a governmental entity or official described in this subsection
based on any violation of the statutory rights set forth in this chapter or any
other action that interferes with or usurps the fundamental right of parents to
direct the upbringing, education, health care and mental health of their
children in the superior court in the county in which the violation or other
action occurs or in federal court, if authorized by federal law, or before an
administrative tribunal of appropriate jurisdiction.  A parent may raise a
violation of this chapter as a claim or a defense.

F. In any action under subsection E of this section,
the governmental entity or official described in subsection E of this section
has the burden of proof to demonstrate both of the following:

1. That the interference or usurpation is essential
to accomplish a compelling government interest of the highest order, as long
recognized in the history and traditions of this state in the operation of its
regulatory powers.

2. That the method of interference or usurpation
used by the government is narrowly tailored and is not otherwise served by a
less restrictive means.

G. A governmental entity or official described in
subsection E of this section may interfere with or usurp the fundamental right
of parents to direct the upbringing, education, health care and mental health
of their children only if the governmental entity or official successfully
demonstrates both elements described in subsection F of this section.  If the
governmental entity or official is unsuccessful, the court shall grant
appropriate relief, [such as] including declaratory
or injunctive relief, compensatory damages and attorney fees, based on the
facts of the case and the law as applied to the facts.  At a
minimum, the governmental entity is liable to the minor child's parent in an
amount of $500,000 and a government official is personally liable to the minor
child's parent in an amount of $20,000 for each separate instance of
interfering with or usurping a fundamental right. A governmental
entity that employs the official may not indemnify an offending official and
may not use public monies to pay for the official's liability.  The right to
sue belongs individually to each of the minor child's parents and one parent
may file suit even if the minor child's other parent does not consent to the
action.

H. In addition to subsection G of
this section, A minor child's parent may bring suit against an employee who has
or who has attempted to facilitate, encourage or coerce a minor child to
withhold information from the minor child's parent.  At a minimum, An employee
who is found liable is personally liable in an AMOUNT of $20,000 and A
governmental entity that employs the employee may not indemnify an offending
employee and may not use public monies to pay for the employee's liability.  A
parent may bring suit against this state, any POLITICAL subdivision of this
state or any other governmental entity or institution that maintains a POLICY
that allows the facilitation, encouragement or coercion by the employee of a
minor child to withhold information from the minor child's parent.  At a
minimum, the governmental entity or institution that maintained the POLICY is
liable to the minor child's parent for $500,000 for each occurrence where
information was withheld from the minor child's parent.  The right to sue belongs
individually to each of the minor child's parents and one parent may file suit
even if the minor child's other parent does not consent to the action.  The
statute of limitations for an action commenced pursuant to this subsection is
five years after the conduct ceased and the minor child's parent became aware
of the conduct.

I. A minor child's parent may
DEMONSTRATE that a governmental entity or institution maintained a policy of
facilitating, encouraging or coercing a minor child to withhold information
from the minor child's parent through any of the following:

1. Written documents that are
maintained by the governmental entity or institution, including as guidance or
policy documents, emails, memoranda or spreadsheets.

2. Demonstrating that a person who
has supervisory authority in the governmental entity or institution required or
recommended that employees engage in the conduct.

3. Demonstrating that the
governmental entity's or institution's employees REGULARLY engaged in the
conduct.

J. Within six months after the
effective date of this amendment to this section, this state, a political
subdivision of this state or a governmental entity or institution, including an
educational institution, or an employee of this state, a POLITICAL subdivision
of this state or a governmental entity or institution that facilitated,
encouraged or coerced, or attempted to facilitate, encourage or coerce, a minor
child to withhold information from the minor child's parent before the
effective date of this amendment to this section shall disclose the offending
action to the minor child's parent.  this state, a political subdivision of
this state or a governmental entity or institution, including an educational
institution, or an employee of this state, a POLITICAL subdivision of this
state or a governmental entity or institution is civilly liable to the parent
of a minor child for any violation that was not disclosed pursuant to this
subsection.  this state, a political subdivision of this state or a governmental
entity or institution, including an educational institution, is liable to the
minor child's parent for at least $500,000 for each separate act that was not
disclosed to the minor child's parent.  An employee of this state, a POLITICAL
subdivision of this state or a governmental entity or institution is personally
liable to the minor child's parent for at least $20,000 for each separate act
that was not disclosed to the minor child's parent. A governmental
entity or institution may not indemnify an offending employee and may not use
public monies to pay for the employee's liability or an insurance policy to
cover the civil liability.

[H.] K. For
the purposes of this section: [, ]

1. "Educational record"
includes attendance records, test scores from school-administered tests
and statewide assessments, grades, EXTRACURRICULAR activity or club
participation records, email account records, online or virtual accounts or
data, disciplinary records, counseling records, psychological records,
applications for admission, health and immunization information, including any
medical records maintained by a health clinic or medical facility that is
operated or controlled by a school district or that is located on school
DISTRICT property, teacher and counselor evaluations, reports of the minor
child's behavioral patterns, therapy notes and treatment plan.

2. "Parent" means
the natural or adoptive parent or legal guardian of a minor child.

3. "Social transitioning"
means the process in which a person goes from identifying with and living as a
gender that corresponds to the person's sex to identifying with and living as a
gender that is DIFFERENT from the person's sex and may involve social, legal or
physical changes.  END_STATUTE