LRB-5468/1
EHS:cjs&cdc
2021 - 2022 LEGISLATURE
February 8, 2022 - Introduced by Representatives Gundrum, Thiesfeldt, Wittke,
Murphy, Penterman, Moses, Steffen, Vorpagel, Brandtjen, Rozar, Knodl
and Macco, cosponsored by Senators Darling, Roth,
Wanggaard and
Nass.
Referred to Committee on Education.
AB963,1,2
1An Act to create 48.9865 of the statutes;
relating to: rights reserved to a parent
2or guardian of a child.
Analysis by the Legislative Reference Bureau
This bill establishes a legal standard for state infringement on fundamental
rights of parents and guardians, explicitly establishes a number of parental and
guardian rights relating to a child's religion, medical care and records, and
education, and creates a cause of action for the violation of these rights.
The bill prohibits the state from infringing on the fundamental right of parents
to direct the upbringing, education, health care, and mental health of their children
without demonstrating that the infringement is required by a compelling
governmental interest of the highest order as applied to the child, is narrowly
tailored, and is not otherwise served by a less restrictive means.
The bill reserves all of the following rights to the parent of a child without
interference from the state or other government entity:
1. The right to determine the religion of the child.
2. The right to determine the type of school or educational setting the child
attends.
3. The right to determine medical care for the child, unless specified otherwise
in law or court order.
4. The right to review all medical records related to the child, unless specified
otherwise in law or court order.
5. The right to determine the names and pronouns used for the child while at
school.
6. The right to review instructional materials and outlines used by the child's
school.
7. The right to access any education-related information regarding the child.
8. The right to advanced notice of any polls or surveys instituted by the child's
classroom.
9. The right to request notice of when certain subjects will be taught or
discussed in the child's classroom.
10. The right to opt out of a class or instructional materials for reasons based
on either religion or personal conviction.
11. The right to visit the child at school during school hours, consistent with
school policy, unless otherwise specified in law or court order.
12. The right to engage with locally elected school board members of the school
district in which the child is a student, including participating at regularly scheduled
school board meetings.
13. The right to be notified of the creation of or updates to a security or
surveillance system at the child's school.
14. The right to be informed of any disciplinary action taken against or
threatened against the child.
15. The right to be timely informed of any acts of violence or crimes occurring
on grounds of the child's school.
The bill also provides that a guardian has all of the rights listed in the bill,
unless they are limited by law or court order.
The bill provides that this list does not comprehensively prescribe all
inalienable parental rights, and that a child's guardian may have rights that are
more comprehensive than those listed.
The bill allows a parent or guardian to bring a suit against a governmental body
or official based on any violation of these rights or any other action that interferes
with or usurps the fundamental right of a parent or guardian to direct the
upbringing, education, health care, and mental health of a child. The bill allows a
parent or guardian to raise a violation of these rights in court or before an
administrative tribunal of appropriate jurisdiction as a claim or defense. Under the
bill, a parent or guardian that successfully asserts such a claim may recover
declaratory relief, injunctive relief, reasonable attorney's fees and costs, and any
other appropriate relief. The bill also authorizes the attorney general to enforce
these rights.
The bill provides that nothing in the bill authorizes a parent or guardian to
abuse or neglect a child in violation of state law, and it may not be construed to apply
to a parent's or guardian's action or decision that would end life. The bill also
provides that nothing in the bill prohibits a court from issuing an order that is
otherwise permitted by law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB963,1
1Section
1. 48.9865 of the statutes is created to read:
AB963,3,8
248.9865 Rights reserved to parents. (1) This state may not infringe on the
3fundamental right of parents to direct the upbringing, education, health care, and
4mental health of their children without demonstrating that the infringement is
5required by a compelling governmental interest of the highest order as applied to the
6child, is narrowly tailored, and is not otherwise served by a less restrictive means.
7The rights enumerated in this section are in addition to rights granted to parents
8under the constitutions of this state and of the United States.
AB963,3,10
9(2) All of the following rights are reserved to the parent of a child without
10interference from the state or other government entity:
AB963,3,1111
(a) The right to determine the religion of the child.
AB963,3,1312
(b) The right to determine the type of school or educational setting the child
13attends.
AB963,3,1514
(c) The right to determine medical care for the child, unless specified otherwise
15in law or court order.
AB963,3,1716
(d) The right to review all medical records related to the child, unless specified
17otherwise in law or court order.
AB963,3,1918
(e)
The right to determine the names and pronouns used for the child while at
19school.
AB963,3,2120
(f) The right to review instructional materials and outlines used by the child's
21school.
AB963,3,2222
(g) The right to access any education-related information regarding the child.
AB963,3,2423
(h) The right to advanced notice of any polls or surveys instituted by the child's
24classroom.
AB963,4,2
1(i) The right to request notice of when certain subjects will be taught or
2discussed in the child's classroom.
AB963,4,43
(j) The right to opt out of a class or instructional materials for reasons based
4on either religion or personal conviction.
AB963,4,65
(k) The right to visit the child at school during school hours, consistent with
6school policy, unless otherwise specified in law or court order.
AB963,4,97
(L)
The right to engage with locally elected school board members of the school
8district in which the child is a student, including participating at regularly scheduled
9school board meetings.
AB963,4,1110
(m) The right to be notified of the creation of or updates to a security or
11surveillance system at the child's school.
AB963,4,1312
(n) The right to be informed of any disciplinary action taken against or
13threatened against the child.
AB963,4,1514
(o) The right to be timely informed of any acts of violence or crimes occurring
15on grounds of the child's school.
AB963,4,17
16(3) Except as limited by other law or court order, a guardian of a child has the
17same rights specified under subs. (1) and (2).
AB963,4,22
18(4) Nothing in this section authorizes a parent or guardian to abuse or neglect
19a child in violation of the laws of this state. This section shall not be construed to
20apply to a parent's or guardian's action or decision that would end life. Nothing in
21this section prohibits a court from issuing an order that is otherwise permitted by
22law.
AB963,5,6
23(5) A parent or guardian may bring a suit against a governmental body or
24official based on any violation of the rights set forth in this section or on any other
25action that interferes with or usurps the fundamental right of a parent or guardian
1to direct the upbringing, education, health care, and mental health of a child. A
2parent or guardian may raise a violation of this section in court or before an
3administrative tribunal of appropriate jurisdiction as a claim or defense. A parent
4or guardian who successfully asserts a claim under this subsection may recover
5declaratory relief, injunctive relief, reasonable attorney's fees and costs
6notwithstanding s. 814.04(1), and any other appropriate relief.
AB963,5,7
7(6) The attorney general is authorized to enforce this section.