Bill Summary for S 49 (2023-2024)

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Summary date: 

Jun 21 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 49 (Public) Filed Tuesday, January 31, 2023
AN ACT TO ENUMERATE THE RIGHTS OF PARENTS TO DIRECT THE UPBRINGING, EDUCATION, HEALTH CARE, AND MENTAL HEALTH OF THEIR MINOR CHILDREN.
Intro. by Galey, Lee, Barnes.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Part I.

Moves the content of Article 29F to GS Chapter 115C, into new GS Chapter 114A, entitled "Parents' Bill of Rights." Makes conforming changes. Makes the following additional changes.

Adds that a parent does not have the right to prohibit the creation by the State of a video or voice recording of their child without the parent's prior written consent, if the recording is used solely for the security or surveillance of school transportation. Makes additional clarifying changes. 

Part II.

Changes the numbering of new statutes in new Article 7B in GS Chapter 115C and makes conforming changes. 

Provides that parents have the right to opt into (was, opt out of) certain data collection for their child, as provided in Part 5 of Article 7B and Article 29. Amends GS 115C-402.15 to require local boards of education to annually give parents notice and opt-in (was, opt-out) opportunities for surveys covered by GS 115C-76.65 (parental rights to opt-in to protected information surveys) and the Protection of Pupil Rights Amendment; makes conforming changes. 

Makes conforming changes to GS 115C-150.16, GS 115C-218.10, GS 115C-238.60, GS 116-239.5, and Section 6 of SL 2018-32 to account for new Article 7B.

Part III.

Amends the definition of parent, as it applies to Part 3 (Parental Consent for Treatment) in Article 1A of GS Chapter 90, so that it is now defined as 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.

Amends GS 90-21.10B by amending what type of parental consent is required before a health care practitioner can provide, solicit, or arrange treatment for a minor child to require written or documented consent (was, written consent only). Makes conforming changes.