2023 -- H 5859

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LC001992

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPERINTENDENTS

     Introduced By: Representatives P. Morgan, Azzinaro, Lima, Costantino, Nardone, Rea,
and Quattrocchi

     Date Introduced: March 01, 2023

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-2 of the General Laws entitled "School Committees and

Superintendents [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby

amended by adding thereto the following section:

     16-2-9.7. Infringement of parental rights.

     (a) The state, any of its political subdivisions, any other governmental entity, or any other

institution may not infringe on the fundamental rights of a parent to direct the upbringing,

education, health care, and mental health of his or her minor child without demonstrating that such

action is reasonable and necessary to achieve a compelling state interest and that such action is

narrowly tailored and is not otherwise served by a less restrictive means.

     (b) For purposes of this section, the term "parent" means a person who has legal custody

of a minor child as a natural or adoptive parent or a legal guardian.

     SECTION 2. This act shall take effect upon passage.

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LC001992

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- SCHOOL COMMITTEES AND SUPERINTENDENTS

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     This act would prevent the state or any governmental entity from infringing on the

fundamental rights of parents in the upbringing of their children.

     This act would take effect upon passage.

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LC001992

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