HB 492 - AS INTRODUCED

2003 SESSION

03-0871

05/10

HOUSE BILL 492

AN ACT establishing a statement of parental rights relative to school disciplinary measures, the content of educational materials and surveys, and the use of psychological testing and psychiatric drugs in schools.

SPONSORS: Rep. Bruno, Hills 45

COMMITTEE: Education

ANALYSIS

This bill establishes a statement of parental rights relative to school disciplinary measures, the content of educational materials and surveys, and the use of psychological testing and psychiatric drugs in schools.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0871

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing a statement of parental rights relative to school disciplinary measures, the content of educational materials and surveys, and the use of psychological testing and psychiatric drugs in schools.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Pupils; Statement of Parental Rights. Amend RSA 193 by inserting after section 37 the following new subdivision:

Statement of Parental Rights

193:38 Establishment of Parental Rights.

I. In situations involving student discipline, decisions of the parent or legal guardian shall take precedence over the recommendations of school staff and school administrators if agreement between the school and the parent or guardian cannot be reached relative to appropriate disciplinary measures.

II. To enhance parental involvement in the content of classroom instruction, parents and legal guardians shall be informed by mail, prior to the dissemination of any survey, questionnaire, or test, given by school staff or proctors sent or brought to the school, that contains items relating to "private family information," defined for purposes of this subdivision as family finances, disciplinary methods, religious beliefs, political opinions, sexual issues, and value and lifestyle data such as that used for market research purposes. All private family information questionnaires shall be addressed to the parent or guardian of the minor.

III. Parents and legal guardians shall have the right to examine any curriculum, test, survey, questionnaire, text, workbook, Internet logs, or other supplementary teaching material immediately upon request and to make a decision with respect to his or her child concerning the appropriateness of the materials for his or her child. Parents and legal guardians shall have the right to withdraw their children from programs they believe are inappropriate, and the school shall provide an alternative program, without penalty to the student.

IV. No school administrator, teacher, or counselor without a medical degree shall provide a psychiatric diagnosis or give a clinical test to any student. No parent or legal guardian shall be coerced to obtain psychiatric medication or pursue specific psychiatric or psychological diagnoses, psychotherapy, or other treatments with respect to his or her child without full disclosure of the 1997 Department of Defense directive limiting certain individuals' access to educational opportunities in the United States armed services. No psychiatric drug shall be administered to any student without the informed consent of the parent or legal guardian, obtained through his or her private physician and counselor. Transportation of any student to a psychiatric or psychological facility for any purpose without the consent of the parent or legal guardian is prohibited. All in-school mental examinations are prohibited.

2 Effective Date. This act shall take effect January 1, 2004.