2021 - 2022 LEGISLATURE
2021 Senate BILL 962
February 9, 2022 - Introduced by Senators Darling, Roth, Nass and Wanggaard,
cosponsored by Representatives Gundrum, Thiesfeldt, Wittke, Brandtjen,
Knodl, Macco, Magnafici, Moses, Murphy, Penterman, Rozar, Steffen and
Vorpagel. Referred to Committee on Education.
SB962,1,2 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.