PRINTER'S NO. 3452
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2813
Session of
2022
INTRODUCED BY BOROWICZ, KAUFFMAN, RYAN, COOK, M. MACKENZIE,
MILLARD, HAMM, ROSSI, R. MACKENZIE, BERNSTINE, IRVIN,
METCALFE, GROVE, ZIMMERMAN, GLEIM, KEEFER, COX, RAPP, ROWE
AND GREINER, SEPTEMBER 13, 2022
REFERRED TO COMMITTEE ON EDUCATION, SEPTEMBER 13, 2022
AN ACT
Providing for classroom instruction on sexual orientation and
gender identity and for parental notification of student
health care services; and establishing cause of action for
violation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Parental
Rights in Student Health Care Act.
Section 2. Legislative intent.
The General Assembly finds and declares that it is the
fundamental right of a parent or legal guardian of a student to
make decisions regarding the student's upbringing and well-
being.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Professional employee." As the term "professional employe"
is defined in section 1101(1) of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949.
"School entity." A school district, intermediate unit, area
career and technical school, charter school, cyber charter
school or regional charter school.
Section 4. Classroom instruction on sexual orientation and
gender identity.
A school entity may not offer instruction on sexual
orientation or gender identity to a student in kindergarten
through fifth grade.
Section 5. Parental notification of student health care
services.
Beginning with the 2023-2024 school year and each school year
thereafter, a school entity shall implement a parental
notification procedure that reinforces the fundamental right of
a parent or legal guardian of a student to make decisions
regarding the student's upbringing and well-being and that
includes:
(1) A notice to parents or legal guardians of health
care services offered by the school entity.
(2) A form with an option for parents and legal
guardians to withhold consent or decline a health care
service offered by the school entity.
(3) A process for notifying a student's parent or legal
guardian of a change in the student's health care services or
monitoring related to a student's mental, emotional or
physical health.
Section 6. Student well-being questionnaires, health care
screening forms and surveys.
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Before administering a student well-being questionnaire,
health care screening form or survey to a student in
kindergarten through fifth grade, a school entity must:
(1) Provide written notice to the parent or legal
guardian of the student well-being questionnaire, health care
screening form or survey.
(2) Publish a copy of the student well-being
questionnaire, health care screening form or survey on the
school entity's publicly accessible Internet website or
produce a hard copy upon request by the parent or legal
guardian.
(3) Provide an option for a parent or legal guardian to
withhold consent from the student's participation in the
student well-being questionnaire, health care screening form
or survey.
Section 7. Prohibited actions.
A school entity, professional employee or school
representative may not:
(1) Encourage, or the have the effect of encouraging, a
student to withhold information regarding the student's
mental or physical health from the student's parent or legal
guardian.
(2) Prohibit a parent or guardian of a student from
accessing the student's education or health records created,
maintained or used by the school entity.
(3) Retaliate or take adverse action against a student
who reports a violation of this act to the school entity or a
Federal or State agency with oversight of school entities in
this Commonwealth.
Section 8. Civil action.
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A student, or parent or guardian on behalf of the student, of
a school entity that violates this act may bring a civil action
in a court of competent jurisdiction for appropriate injunctive
relief or damages, or both, within 180 days after the alleged
violation.
Section 9. Effective date.
This act shall take effect in 60 days.
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