PARENTAL RIGHTS IN EDUCATION
MARCH 18, 2023
WHEREAS, Senate File 117, Parental Rights in Education passed the Senate Education Committee on January 24, 2023 by a vote of 4-1; and
WHEREAS, Senate File 117, Parental Rights in Education, passed the Senate on January 27, 2023 by a vote of 18-12-1; and
WHEREAS, SF 117, Parental Rights in Education was received for introduction in the House on January 27, 2023; and
WHEREAS, the Speaker of the House of Representatives refused to introduce SF 117, Parental Rights in Education to the second chamber; and
WHEREAS, the Speaker of the House of Representatives has stated repeatedly in both local, Wyoming and national interviews that SF 117 violated “local control” and that K-3 education about gender identity and sexual orientation is a “local issue.”; now
THEREFORE BE IT RESOLVED, that the Sheridan County Republican Party urges that its local Sheridan County School Districts #1, #2 and #3 immediately adopt the following policy:
(a) No Sheridan County School District shall permit classroom instruction by teachers or any other person on sexual orientation and gender identity:
(i) For students in grades kindergarten through twelve (12); or
(ii) In a manner that is not age appropriate or developmentally appropriate for students.
(b) Each Sheridan County School District Board of Trustees shall:
(i) Notify a student's parent or guardian immediately if there is a change in the student's services or monitoring related to the student's mental, emotional or physical health or well-being and the school's ability to provide a safe and supportive learning environment for the student. Procedures adopted under this paragraph shall reinforce the fundamental right of parents to make decisions regarding the care and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his well-being with his parent or guardian or to facilitate discussion with the parent;
(ii) Not prohibit parents or guardians from accessing any of their student's education and health records created, maintained or used by the Sheridan County School Districts;
(iii) Not adopt any policies or procedures that prohibit school district personnel from notifying a student's parent or guardian about the student's mental, emotional or physical health or well-being, a change in related services or monitoring;
(iv) Not adopt procedures that encourage or have the effect of encouraging a student to withhold from a parent or guardian information about the student's mental, emotional or physical health or well-being.
(c) Effective school year 2023-2024 and each school year thereafter, at the beginning of each school year each Sheridan County School District shall notify parents and guardians of each health care service offered or provided at the student's school and provide the option for the parent or guardian to withhold consent or decline any specific health care service. Parental or guardian consent to a health care service shall not waive the parent'sor guardian's right to access his student's educational or health care records or to be notified in a change in his student's services or monitoring.
(d) Before administering a student well-being questionnaire or health screening to a student in grades kindergarten through twelve (12), each Sheridan County School District shall provide the questionnaire or information on the health screening to the parent or guardian and obtain the parent's or guardian's permission.
(e) Each Sheridan County School District shall adopt procedures for a parent or guardian to file a complaint with the School District regarding a School District's non-compliance with this section, in accordance with the following:
(i) Notwithstanding W.S. 21-2-101, to the extent that any provision of this subsection conflicts with the Wyoming Administrative Procedure Act, this subsection and any rules promulgated thereunder shall control;
(ii) A parent or guardian filing a complaint shall provide a copy of the complaint to the principal or the principal's designee;
(iii) The procedures shall provide that any complaint submitted under this subsection shall be resolved within seven (7) days of the submission of the complaint;
(iv) If a complaint is not resolved by the Sheridan County School District within thirty (30) days after submission of the complaint, the School District shall resolve the complaint or provide to the parent or guardian a statement of reasons for why the school district has not yet resolved the complaint;
(v) If a complaint is not resolved after a statement of reasons is provided as required by paragraph (iv) of this subsection, a parent or guardian may:
(A) Request a hearing on the complaint before an independent hearing officer through the Office of Administrative Hearings, who shall determine facts relating to the dispute over the School District's compliance with this section, consider information provided by the School District and render a recommended decision within thirty (30) days after receiving the request to the appropriate Sheridan County School District Board of Trustees. The costs of the hearing and the hearing officer shall be borne by the School District;
(B) Bring an action against the School District to obtain a declaratory judgment that the School District has violated this section and to seek injunctive relief. A court may award damages and shall award reasonable attorney fees to a parent or guardian who substantially prevails in an action brought under this subparagraph.
(vi) Each Sheridan County School District shall adopt procedures to notify parents of the rights and procedures available to parents under this subsection;
(vii) Nothing in this subsection shall be construed to abridge any other rights or remedies under law available to parents.
Duties of boards of trustees.
(a) The Board of Trustees in each Sheridan County school district shall:
(i) Adopt procedures and guidelines regarding student instruction and the provision of services associated with student health and well-being.
Not later than July 1, 2023, each Sheridan County School District Board of Trustees shall establish procedures, guidelines and standards in accordance with this Resolution.
Resolution passed by the Sheridan County Republican Party Central Committee, 18 Mar 2023.