2000w, due 7-23-24. Unit 12 Mental Health Policy . North Carolina Senate Bill 49
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S49v4.pdf
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
SENATE BILL 49
RATIFIED BILL
*S49-v-4*
AN ACT TO ENUMERATE THE RIGHTS OF PARENTS TO DIRECT THE UPBRINGING,
EDUCATION, HEALTH CARE, AND MENTAL HEALTH OF THEIR MINOR
CHILDREN.
The General Assembly of North Carolina enacts:
PART I. PARENTS' BILL OF RIGHTS
SECTION 1. The General Statutes are amended by adding a new Chapter to read:
"Chapter 114A.
"Parents' Bill of Rights.
"§ 114A-1. Definitions.
The following definitions apply in this Article:
(1) Reserved for future codification purposes.
(2) Child. – A person less than 18 years of age who has not been emancipated
pursuant to Article 35 of Chapter 7B of the General Statutes.
(3) Reserved for future codification purposes.
(4) Reserved for future codification purposes.
(5) Parent. – A person who has legal custody of a child, including a natural parent,
adoptive parent, or legal guardian.
(6) State. – The State, any of its political subdivisions, or any public school unit.
"§ 114A-10. Parents' bill of rights.
A parent has the right to the following:
(1) To direct the education and care of his or her child.
(2) To direct the upbringing and moral or religious training of his or her child.
(3) To enroll his or her child in a public or nonpublic school and in any school
choice options available to the parent for which the child is otherwise eligible
by law in order to comply with compulsory attendance laws, as provided in
Part 1 of Article 26 of Chapter 115C of the General Statutes.
(4) To access and review all education records, as authorized by the federal
Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, relating to his
or her child.
(5) To make health care decisions for his or her child, unless otherwise provided
by law, including Article 1A of Chapter 90 of the General Statutes.
(6) To access and review all medical records of his or her child, as authorized by
the Health Insurance Portability and Accountability Act of 1996 (HIPAA),
P.L. 104-191, as amended, except as follows:
a. If an authorized investigator requests that information not be released
to a parent because the parent is the subject of an investigation of either
of the following:
1. A crime committed against the child under Chapter 14 of the
General Statutes.
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2. An abuse and neglect complaint under Chapter 7B of the
General Statutes.
b. When otherwise prohibited by law.
(7) To prohibit the creation, sharing, or storage of a biometric scan of his or her
child without the parent's prior written consent, except as authorized pursuant
to a court order or otherwise required by law, including G.S. 7B-2102 and
G.S. 7B-2201.
(8) To prohibit the creation, sharing, or storage of his or her child's blood or
deoxyribonucleic acid (DNA) without the parent's prior written consent,
except as authorized pursuant to a court order or otherwise required by law,
including G.S. 7B-2201.
(9) To prohibit the creation by the State of a video or voice recording of his or her
child without the parent's prior written consent, except a recording made in
the following circumstances:
a. During or as part of a court proceeding.
b. As part of an investigation under Chapter 7B or Chapter 14 of the
General Statutes.
c. When the recording will be used solely for any of the following
purposes:
1. A safety demonstration, including one related to security and
discipline on educational property.
2. An academic or extracurricular activity.
3. Classroom instruction.
4. Photo identification cards.
5. Security or surveillance of buildings, grounds, or school
transportation.
(10) To be promptly notified if an employee of the State suspects that a criminal
offense has been committed against his or her child, unless the incident has
first been reported to law enforcement or the county child welfare agency, and
notification of the parent would impede the investigation.
"§ 114A-15. Limitations on the right to parent.
(a) The requirements of this Article do not authorize a parent to do any of the following:
(1) Engage in unlawful conduct.
(2) Abuse or neglect the child, as defined in Chapter 7B of the General Statutes.
(b) The requirements of this Article do not prohibit the following:
(1) A State official or employee from acting in his or her official capacity within
the reasonable and prudent scope of his or her authority.
(2) A court of competent jurisdiction from acting in its official capacity within
the reasonable and prudent scope of its authority or issuing an order otherwise
permitted by law.
"§ 114A-20. Employee penalties.
An employee of the State who encourages, coerces, or attempts to encourage or coerce a child
to withhold information from his or her parent may be subject to disciplinary action."
PART II. PARENTAL GUIDES AND NOTIFICATIONS
SECTION 2.(a) Subchapter III of Chapter 115C of the General Statutes is amended
by adding a new Article to read:
"Article 7B.
"Public School Unit Requirements.
"Part 1. Definitions.
"§ 115C-76.1. Definitions.
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As used in this Article, the following definitions apply:
(1) Reserved for future codification purposes.
(2) Child. – A person less than 18 years of age who has not been emancipated
pursuant to Article 35 of Chapter 7B of the General Statutes.
(3) Reserved for future codification purposes.
(4) Reserved for future codification purposes.
(5) Parent. – A person who has legal custody of a child, including a natural parent,
adoptive parent, or legal guardian.
(6) Principal. – A school administrator employed as a principal of a school, as
provided in Article 19 of this Chapter, or the staff member with the highest
decision-making authority at a school, if there is no principal.
(7) School personnel. – Any of the following:
a. An employee of a public school unit, whether full-time or part-time,
including substitute teachers, driver training teachers, bus drivers,
clerical staff, and custodians.
b. An independent contractor or employee of an independent contractor
of a public school unit, if the independent contractor carries out duties
customarily performed by school personnel and has significant access
to students, whether paid with federal, State, local, or other funds.
(8) Superintendent. – Any of the following:
a. A superintendent of a local school administrative unit, as provided in
Article 18 of this Chapter, or designee.
b. The staff member with the highest decision-making authority for a
public school unit, if there is no superintendent or designee.
"Part 3. Parental Involvement in Public School Units.
"§ 115C-76.20. Priority of parental involvement in public school.
(a) The General Assembly finds that parental involvement and empowerment is
fundamental to the successful education of all students. To strengthen partnerships among parents
and school personnel, public school units and all public school unit personnel shall fully support
and cooperate in implementing a well-planned, inclusive, and comprehensive program to assist
parents and families in effectively participating in their child's education.
(b) To ensure active engagement and timely provision of information that parents can use
to improve success for their child, public school units shall comply with the requirements of this
Part to do all of the following:
(1) Inform parents of their legal rights and responsibilities with regards to their
child's education.
(2) Provide a parent's guide for student achievement annually to parents to
provide information parents need to know about their child's educational
progress and how they can help their child to succeed in school.
(3) Develop policies to effectively involve parents in schools and their child's
education.
"§ 115C-76.25. Parent legal rights for their child's education.
(a) Parents have legal rights with regards to their child's education, including the
following:
(1) The right to consent or withhold consent for participation in reproductive
health and safety education programs, consistent with the requirements of
G.S. 115C-81.30.
(2) The right to seek a medical or religious exemption from immunization
requirements, consistent with the requirements of G.S. 130A-156 and
G.S. 130A-157.
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(3) The right to review statewide standardized assessment results as part of the
State report card.
(4) The right to request an evaluation of their child for an academically or
intellectually gifted program, or for identification as a child with a disability,
as provided in Article 9 of this Chapter.
(5) The right to inspect and purchase public school unit textbooks and other
supplementary instructional materials, as provided in Part 3 of Article 8 of this
Chapter.
(6) The right to access information relating to the unit's policies for promotion or
retention, including high school graduation requirements.
(7) The right to receive student report cards on a regular basis that clearly depict
and grade the student's academic performance in each class or course, the
student's conduct, and the student's attendance.
(8) The right to access information relating to the State public education system,
State standards, report card requirements, attendance requirements, and
textbook requirements.
(9) The right to participate in parent-teacher organizations.
(10) The right to opt in to certain data collection for their child, as provided in Part
5 of this Article and Article 29 of this Chapter.
(11) The right for students to participate in protected student information surveys
only with parental consent, as provided in Part 5 of this Article.
(12) The right to review all available records of materials their child has borrowed
from a school library.
(b) Public school units shall (i) allow parents to exercise these rights and (ii) make the
rights contained in this section available to parents electronically or by displaying the information
on the website of the public school unit.
"§ 115C-76.30. Parent's guide for student achievement.
(a) The State Board of Education shall develop minimum requirements for public school
units for a parent's guide to student achievement to provide what parents need to know about
their child's educational progress and how they can help their child to succeed in school. These
minimum requirements shall include at least the following:
(1) Parental information regarding the following:
a. Requirements for his or her child to be promoted to the next grade,
including the requirements of Part 1A of Article 8 of this Chapter.
b. The course of study, textbooks, and other supplementary instructional
materials for his or her child and the policies for inspection and review
of those materials.
c. Progress of his or her child toward achieving State and unit
expectations for academic proficiency, including policies for student
assessment, and his or her child's assessment results, report cards, and
progress reports.
d. Qualifications of his or her child's teachers, including licensure status.
e. School entry requirements, including required immunizations and the
recommended immunization schedule.
(2) Parental actions that can do the following:
a. Strengthen the child's academic progress, especially in the area of
reading as provided in Part 1A of Article 8 of this Chapter.
b. Strengthen the child's citizenship, especially social skills and respect
for others.
c. Strengthen the child's realization of high expectations and setting
lifelong learning goals.
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d. Place a strong emphasis on the communication between the school and
the home.
(3) Services available for parents and their children, such as family literacy
services; mentoring, tutoring, and other academic reinforcement programs;
college planning, academic advisement, and student counseling services; and
after-school programs.
(4) Opportunities for parental participation, such as parenting classes, adult
education, school advisory councils, and school volunteer programs.
(5) Opportunities for parents to learn about rigorous academic programs that may
be available for their child, such as honors programs, Career and College
Promise and other dual enrollment opportunities, advanced placement,
Advanced International Certificate of Education (AICE) courses,
International Baccalaureate, North Carolina Virtual High School courses, and
accelerated access to postsecondary education.
(6) Educational choices available to parents, including each type of public school
unit available to residents of the county in which the child lives and nonpublic
school options, educational choice options offered within the public school
unit, and scholarship grant programs under Part 2A of Article 39 and Article
41 of this Chapter.
(7) Rights of students who have been identified as students with disabilities, as
provided in Article 9 of this Chapter.
(8) Contact information for school and unit offices.
(9) Resources for information on the importance of student health and other
available resources for parents, including the following information on
available immunizations and vaccinations:
a. A recommended immunization schedule in accordance with the
United States Centers for Disease Control and Prevention
recommendations.
b. Information about meningococcal meningitis and influenza, as
required by G.S. 115C-375.4.
(b) The State Board shall update the minimum requirements on an annual basis and shall
provide the requirements to public school units no later than May 1 annually.
(c) Each public school unit shall provide to parents, students, and school personnel at the
beginning of each school year a parent guide for student achievement that meets the following
requirements:
(1) Includes, at a minimum, the State Board requirements developed as provided
in subsection (a) of this section and policies developed by the governing body
as provided in G.S. 115C-76.35.
(2) Is understandable to students and parents.
(3) Is provided in writing to the parent.
(4) Is discussed at the beginning of each school year in meetings of students,
parents, and teachers.
"§ 115C-76.35. Public school unit policies to increase parental involvement.
(a) Governing bodies of public school units shall, in consultation with parents, teachers,
administrators, and community partners, develop and adopt policies to promote parental
involvement and empowerment in the public school unit. The policies shall provide for parental
choices and establish parental responsibilities. Policies that provide for parental involvement
shall include the following:
(1) Providing links to parents for community services.
(2) Establishing opportunities for parental involvement in the development,
implementation, and evaluation of family involvement programs.
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(3) Establishing opportunities for parents to participate on school advisory
councils and in school volunteer programs and other activities.
(b) Governing bodies of public school units shall establish policies to do all of the
following:
(1) Provide for parental participation in their child's education to improve parent
and teacher cooperation in areas such as homework, school attendance, and
discipline that aligns with the parent guide for student achievement required
by G.S. 115C-76.30.
(2) Require principals to effectively communicate to parents the manner in which
textbooks are used to implement the school's curricular objectives.
(3) Establish a procedure for parents to learn about their child's course of study
and the source of any supplementary instructional materials. This procedure
shall include the process for parents to inspect and review all textbooks and
supplementary instructional materials that will be used in their child's
classroom. The policy shall be available for in-person review by parents at the
school site and publicly available on the school's website. For the purposes of
this section, a textbook is as defined in G.S. 115C-85 and supplementary
instructional materials include supplementary textbooks, periodicals,
audiovisual materials, and other supplementary materials used for
instructional purposes.
(4) Establish a means for parents to object to textbooks and supplementary
instructional materials consistent with the requirements of G.S. 115C-98.
(5) Establish a process for parents to review materials for and to consent or
withhold consent for participation in reproductive health and safety education
programs consistent with the requirements of G.S. 115C-81.30.
(6) Establish a process for parents to learn about the nature and purpose of clubs
and activities offered at their child's school, including both curricular and
extracurricular activities.
"§ 115C-76.40. Time lines for parental requests for information.
(a) A parent may request in writing from the principal of the school in which his or her
child is enrolled any of the information the parent has the right to access, as provided in this Part.
A principal, within 10 business days, shall either (i) provide the requested information to the
parent or (ii) provide an extension notice to the parent that, due to the volume or complexity of
the request, the information will be provided no later than 20 business days from the date of the
parental request.
(b) If the principal (i) denies or fails to respond to the request for information within 10
business days or (ii) fails to provide information within 20 business days following an extension
notice as provided in subsection (a) of this section, the parent may request in writing any of the
information the parent has the right to access, as provided in this Part, from the superintendent,
along with a statement specifying the time frame of the denial or failure to provide information
by the principal.
(c) If the superintendent denies or does not respond to the request for information within
10 business days, the parent may appeal the denial or lack of response to the governing body of
the public school unit no later than 20 business days from the date of the request to the
superintendent as provided in subsection (b) of this section. The governing body shall place the
parent's appeal on the agenda for the next meeting of the body occurring more than three business
days after submission of the appeal.
(d) The governing body shall establish, by policy, procedures governing requests for
information and appeals that reflect the requirements of this section. The governing body may
designate the process to be used by parents when submitting requests for information and shall
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display information on the procedures for requests for information and appeals along with other
parental rights, as required by G.S. 115C-76.25.
(e) A decision of a governing body under this section is final and is not subject to judicial
review.
"Part 4. Notifications of Student Physical and Mental Health.
"§ 115C-76.45. Notifications of student physical and mental health.
(a) The governing body of a public school unit shall adopt procedures to notify a parent
of the following:
(1) At the beginning of each school year, notice of each health care service offered
at his or her child's school and the means for the parent to provide consent for
any specific service. A parent's consent to a health care service does not waive
the parent's right to access his or her child's educational records or health
records or to be notified of changes in his or her child's services or monitoring.
(2) At the beginning of each school year, procedures to exercise the parental
remedies provided by G.S. 115C-76.60.
(3) Prior to administration to students in kindergarten through third grade, a copy
of any student well-being questionnaire or health screening form and the
means for the parent to consent to the use of the questionnaire or form for his
or her child.
(4) Prior to or contemporaneous with changes, notice of changes in services or
monitoring related to his or her child's mental, emotional, or physical health
or well-being and the school's ability to provide a safe and supportive learning
environment for that child.
(5) Prior to any changes in the name or pronoun used for a student in school
records or by school personnel, notice to the parent of the change.
(b) In accordance with the right of parents provided in Chapter 114A of the General
Statutes, the procedures shall include a requirement that school personnel do one or both of the
following:
(1) Encourage a child to discuss issues related to the child's well-being with his
or her parent.
(2) Facilitate discussion of the issue with the child's parents.
(c) The procedures shall not prohibit parents from accessing any of their child's education
and health records created, maintained, or used by the public school unit, except as follows:
(1) As limited by G.S. 114A-10(6)a.
(2) When a reasonably prudent person would believe that disclosure would result
in the child becoming an abused juvenile or neglected juvenile, as those terms
are defined in G.S. 7B-101.
(d) The governing body and public school unit shall not adopt procedures or forms that
do any of the following:
(1) Prohibit school employees from notifying a parent about his or her child's
mental, emotional, or physical health or well-being or a change in related
services or monitoring.
(2) Encourage or have the effect of encouraging a child to withhold from that
child's parent information about his or her mental, emotional, or physical
health or well-being or a change in related services or monitoring.
(e) School personnel shall not discourage or prohibit parental notification of and
involvement in critical decisions affecting a student's mental, emotional, or physical health or
well-being.
"§ 115C-76.50. Student support services training.
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Student support services training developed or provided by a public school unit to school
personnel shall adhere to student services guidelines, standards, and frameworks established by
the Department of Public Instruction.
"§ 115C-76.55. Age-appropriate instruction for grades kindergarten through fourth grade.
Instruction on gender identity, sexual activity, or sexuality shall not be included in the
curriculum provided in grades kindergarten through fourth grade, regardless of whether the
information is provided by school personnel or third parties. For the purposes of this section,
curriculum includes the standard course of study and support materials, locally developed
curriculum, supplemental instruction, and textbooks and other supplementary materials, but does
not include responses to student-initiated questions.
"§ 115C-76.60. Remedies for parental concerns.
(a) The governing body of a public school unit shall adopt procedures for a parent to
notify the principal at his or her child's school regarding concerns about a public school unit's
procedure or practice under this Part and a process for resolving those concerns within seven
days of the date of notification by the parent. If the parental concern has not been resolved within
30 days following the date of notification by the parent, the public school unit shall provide a
statement of the reasons for not resolving the concern.
(b) If a concern is not resolved by the public school unit within 30 days, a parent may do
either of the following:
(1) Notify the State Board of Education of the concern and request a parental
concern hearing. The State Board shall establish rules for parental concern
hearings. At a minimum, the rules shall require the following:
a. The State Board of Education shall appoint a qualified hearing officer.
To qualify as a hearing officer, an individual must be a member in
good standing of the North Carolina State Bar with demonstrated
experience in education or administrative law within the last five
years.
b. The hearing shall be conducted in accordance with rules established
by the State Board.
c. The hearing officer shall determine facts related to the dispute over the
public school unit's procedure or practice, consider information
provided by the public school unit, and render a recommended
decision for resolution to the State Board of Education within 30 days
after assignment to the parental concern hearing.
d. The State Board shall approve or reject the recommended decision at
its next regularly scheduled board meeting held more than seven days
after receipt of the recommended decision.
e. The public school unit shall pay for the costs of the hearing officer.
(2) Bring an action against the public school unit as provided in Article 26 of
Chapter 1 of the General Statutes for a declaratory judgment that the unit's
procedure or practice violates this Part. The court may award injunctive relief
to a parent and shall award reasonable attorneys' fees and costs to a parent
awarded injunctive relief.
(c) The provisions of this section are in addition to any other remedies or procedures
authorized or permitted by law.
"Part 5. Notification Requirements for Parental Options.
"§ 115C-76.65. Parental rights to opt-in to protected information surveys.
(a) The following definitions shall apply in this section:
(1) Adult student. – An enrolled student who is 18 years of age or older or is an
emancipated minor.
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(2) Protected information survey. – A survey, analysis, or evaluation that reveals
information concerning any of the following:
a. Political affiliations or beliefs of the student or the student's parent.
b. Mental or psychological problems of the student or the student's
family.
c. Sex behavior or attitudes.
d. Illegal, antisocial, self-incriminating, or demeaning behavior.
e. Critical appraisals of other individuals with whom respondents have
close family relationships.
f. Legally recognized privileged or analogous relationships, such as
those of lawyers, physicians, and ministers.
g. Religious practices, affiliations, or beliefs of the student or student's
parent.
h. Income, other than that required by law to determine eligibility for
participation in a program or for receiving financial assistance under
such program.
(b) The public school unit shall make the following available to parents and adult students
at least 10 days prior to administration of a protected information survey. The public school unit
shall provide opportunities for review of the following both electronically and in person:
(1) The process for providing consent to participation in the protected information
survey.
(2) The full text of the protected information survey.
(c) No student shall be permitted to participate in a protected information survey without
the prior written or electronic consent of the parent or the adult student.
(d) The requirements of this section are in addition to the rights provided to parents and
students under the Protection of Pupil Rights Amendment, 20 U.S.C. § 1232h.
"Part 6. Reporting Requirements.
"§ 115C-76.70. Reporting requirements.
(a) Each public school unit shall report annually by September 15 the following
information to the State Board of Education in a format designated by the State Board:
(1) The most current version of the policies and procedures adopted as required
by this Article with any modifications of the policy or procedure from the
prior year's submission clearly delineated.
(2) The following information from the prior school year:
a. The number of appeals to the governing body under G.S. 115C-76.40
and the percentage of appeals decided in favor of the parent and in
favor of the administration in the prior school year.
b. The number of statements provided to parents as required by
G.S. 115C-76.60(a).
c. The number of parental concern hearings involving the public school
unit as provided in G.S. 115C-76.60(b)(1).
d. The number of actions brought against the public school unit as
provided in G.S. 115C-76.60(b)(2) and the number of declaratory
judgments entered against the public school unit.
(b) The State Board of Education shall report annually by November 15 to the Joint
Legislative Education Oversight Committee and the Joint Legislative Commission on
Governmental Operations on the following:
(1) A summary of each data point received from public school units pursuant to
subsection (a) of this section.
(2) Identification of any trends in noncompliance.
(3) An appendix of each public school unit's report."
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SECTION 2.(b) G.S. 115C-150.16, as enacted by S.L. 2023-10, reads as rewritten:
"§ 115C-150.16. Applicability of Chapter.
Except as otherwise provided in this Article, Article and Article 7B of this Chapter, the
requirements of this Chapter shall not apply to the schools for the deaf and blind. Schools for the
deaf and blind shall be considered a State agency, as defined in G.S. 143C-1-1, and shall comply
with all requirements for State agencies unless otherwise specified in this Article. Schools for the
deaf and blind shall not be considered local school administrative units."
SECTION 2.(c) G.S. 115C-218.10 reads as rewritten:
"§ 115C-218.10. Charter school exemptions.
Except as provided in this Article and Article 7B of this Chapter, and pursuant to the
provisions of its charter, a charter school is exempt from statutes and rules applicable to a local
board of education or local school administrative unit."
SECTION 2.(d) G.S. 115C-238.60(b) reads as rewritten:
"(b) Except as otherwise provided in this Part, Part and Article 7B of this Chapter, a
regional school is exempt from statutes and rules applicable to a local board of education or local
school administrative unit."
SECTION 2.(e) G.S. 115C-402.15 reads as rewritten:
"§ 115C-402.15. Parental notification regarding rights to student records and opt-out
opportunities.
(a) Annual Parental Notification. – Local boards of education shall annually provide
parents, by a method reasonably designed to provide actual notice, information on parental rights
under State and federal law with regards to student records and opt-out opportunities for
disclosure of directory information as provided under the Family Educational Rights and Privacy
Act, 20 U.S.C. § 1232g, and notice and opt-out opt-in opportunities for surveys covered by
G.S. 115C-76.65 and the Protection of Pupil Rights Amendment, 20 U.S.C. § 1232h.
(b) Notice Content. – The notice shall include information on parental rights under State
and federal law to:
(1) Inspect and review education records.
(2) Seek to amend inaccurate education records.
(3) Provide written consent prior to disclosure of personally identifiable
information from education records, except as otherwise provided by law.
Information shall be included on disclosure of directory information and
parental rights to opt out of disclosure of directory information.
(4) File a complaint with the U.S. Department of Education concerning alleged
failures to comply with the Family Educational Rights and Privacy Act.
(5) Receive notice and the opportunity to opt out opt in prior to the participation
of the student in a protected information survey under G.S. 115C-76.65 and
20 U.S.C. § 1232h."
SECTION 2.(f) G.S. 116-239.5(d) reads as rewritten:
"(d) Except as otherwise provided in this Article, Article and Article 7B of Chapter 115C
of the General Statutes, the Subcommittee, the chancellor of each constituent institution that
operates a laboratory school, and the laboratory school are exempt from statutes and rules
applicable to a local board of education or local school administrative unit."
SECTION 2.(g) Section 6(d) of S.L. 2018-32 is amended by adding a new
subdivision to read:
"(3a) Article 7B, Public School Unit Requirements."
SECTION 2.(h) By June 30, 2024, the Department of Public Instruction shall review
and update, as necessary, all of the following in accordance with this act:
(1) School counseling frameworks and standards.
(2) Educator practices and professional conduct principles.
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(3) Other student services and school personnel guidelines, standards, or
frameworks.
SECTION 2.(i) This section is effective when it becomes law and applies beginning
with the 2023-2024 school year.
PART III. PARENTAL AUTHORIZATION FOR HEALTH CARE OF MINORS
SECTION 3.(a) Article 1A of Chapter 90 of the General Statutes is amended by
adding a new Part to read:
"Part 3. Parental Consent for Treatment.
"§ 90-21.10A. Definitions.
The following definitions apply in this Article:
(1), (2) Reserved for future codification purposes.
(3) Health care facility. – A health care facility, licensed under Chapter 131E or
122C of the General Statutes, where health care services are provided to
patients, including:
a. An agent or employee of the health care facility that is licensed,
certified, or otherwise authorized to provide health care services.
b. The officers and directors of a health care facility.
(4) Health care practitioner. – An individual who is licensed, certified, or
otherwise authorized under this Chapter, Chapter 90B, Chapter 90C, or
Chapter 115C of the General Statutes to provide health care services in the
ordinary course of business or practice of a profession or in an approved
education or training program, or an agent or employee of that individual.
(5) Minor. – Any person under the age of 18 who has not been married or has not
been emancipated pursuant to Article 35 of Chapter 7B of the General
Statutes.
(6) Parent. – A minor's parent, guardian, or person standing in loco parentis. A
person standing in loco parentis is a person who has assumed parental
responsibilities, including support and maintenance of the minor.
(7) Treatment. – Any medical procedure or treatment, including X-rays, the
administration of drugs, blood transfusions, use of anesthetics, and laboratory
or other diagnostic procedures employed by or ordered by a health care
practitioner, that is used, employed, or ordered to be used or employed
commensurate with the exercise of reasonable care and equal to the standards
of medical practice normally employed in the community where the health
care practitioner administers treatment to the minor child.
"§ 90-21.10B. Parental consent for treatment.
(a) Except as otherwise provided in this Article or by court order, a health care
practitioner shall not provide, solicit, or arrange treatment for a minor child without first
obtaining written or documented consent from that minor child's parent.
(b) Except as otherwise provided in this Article or by court order, a health care facility
shall not allow treatment to be performed on a minor child in its facility without first obtaining
written or documented consent from that minor child's parent.
(c) This section does not apply to services provided by a clinical laboratory unless the
services are delivered through a direct encounter with the minor child at the clinical laboratory
facility.
"§ 90-21.10C. Penalty.
A health care practitioner or other person that violates this section is subject to disciplinary
action by the board that licensed, certified, or otherwise authorized the health care practitioner to
provide treatment, including a fine of up to five thousand dollars ($5,000)."
Page 12 Senate Bill 49-Ratified
SECTION 3.(b) This section becomes effective December 1, 2023, and applies to
violations committed on or after that date.
PART IV. EFFECTIVE DATE
SECTION 4. Except as otherwise provided, this act becomes effective August 15,
2023.
In the General Assembly read three times and ratified this the 3rd day of July, 2023.
s/ Carl Ford
Presiding Officer of the Senate
s/ Erin Paré
Presiding Officer of the House of Representatives
_____________________________________
Roy Cooper
Governor
Approved __________.m. this ______________ day of ___________________, 2023
