The Committee on Medical, Military, Public and Municipal Affairs proposes the following amendment (LC-4757.WAB0001H):

Amend the bill, as and if amended, SECTION 2, by striking Section 59-28-310(4) and inserting:

 (4) "Educational records" means all data and information about a child in the possession or control of an LEA or any employee or agent of an LEA including, but not limited to, attendance records, test scores of assessments, screeners, and any other test administered by the school and statewide assessments, grades, extracurricular activity or club participation, email accounts, online or virtual accounts or data, disciplinary records, counseling records, psychological records, applications for admission, medical records, immunization information, teacher and counselor evaluations of a child, and reports of behavioral patterns.

Amend the bill further, SECTION 2, by striking Section 59-28-310(6) and inserting:

 (6) "Parent" means:
  (a) a biological parent, adoptive parent, or person with legal custody, excluding an individual whose parental relationship to the child has been legally terminated; or
  (b) an individual who has been granted decision-making authority over the child by court order or under state law.

Amend the bill further, SECTION 2, by striking Section 59-28-320(C)(10)(a) and (b) and inserting:

   (a) a physical or digital photograph, a video or audio recording, or data generated from the recording, or information collected, used, or stored for healthcare treatment, payment, or operations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. Section 1320d, et seq.; and
   (b) data or information collected, used, or stored for law enforcement purposes; and
   (c) data, information, or diagnostic results collected in the course of a non-invasive and non-chemically assisted vision or hearing screening;

Amend the bill further, SECTION 2, by striking Section 59-28-320(C)(12)(e) and (f) and inserting:

   (e) a photo identification card; or
   (f) classroom instruction or assessment activities that are accessible exclusively by the teacher, student, and parents of students in the class; or
   (f)(g) a public event where there is no reasonable expectation of privacy.

Amend the bill further, SECTION 2, by striking Section 59-28-320(D)(4) and (5) and inserting:

  (4) prohibit a court from issuing an order that is otherwise permitted by law; and
  (5) prevent the Department of Social Services or other law enforcement entity from conducting an investigation or otherwise carrying out its responsibilities under state law and consistent with this section.; and
  (6) apply to a non-invasive and non-chemically assisted vision or hearing screening or vision exam offered on the site of a Title 1 public school to the students attending the school, provided the services are rendered as part of a not-for-profit program, as defined in Section 40-37-320, and provided the LEA provides the parent of the minor appropriate notice and provides the parent with an opportunity to withhold consent to these services.

Amend the bill further, SECTION 2, by striking Section 59-28-320(G)(1) and (2) and inserting:

  (1) encourage or coerce a child to withhold information from the child's parent; or
  (2) knowingly withhold from a child's parent information that relates to the child's education or is relevant to the physical, emotional, or mental health of the child, including any request by a child to be treated in a manner that is inconsistent with his or her sex.; or
  (3) if the employee is an official or staff at a public school, engage in conduct in violation of Section 59-32-36(A).
 (H) An individual may exercise decision-making authority over a child if granted such authority by the child's parent, or by a court of order or state law, provided that such court order or state law does not obstruct or interfere with the parents' rights under this article.

Amend the bill further, SECTION 2, by striking Section 59-28-340(A)(3)(a) and inserting:

   (a) review all curriculum and teacher-training materials for any class in which parent's child is enrolled or is considering enrolling, either through online posting or in-person inspection during regular hours or by appointment, and without cost;

Amend the bill further, SECTION 2, by striking Section 59-28-350(B)(2)(c) and (d) and inserting:

   (c) the facts supporting the claim; and
   (d) a statement by the complainant verifying that he has made a good faith effort to communicate with the principal or individual alleged to have violated this article and resolve the matter; and
   (d)(e) any documentation the parent wishes the LEA to consider.

Amend the bill further, SECTION 2, by striking Section 59-28-350(B)(4) and inserting:

  (4) Within tenthirty calendar days after receiving the complaint, the designee shall submit its finding, a recommended response, and any proposed remedial steps to the LEA governing board for action at the board's next regularly scheduled meeting. These remedial steps may include:
   (a) compliance with the requirements of this article;
   (b) revision of policies or procedures;
   (c) staff training; or
   (d) other lawful action the committee deems necessary to remedy the violation.

Amend the bill further, SECTION 2, by striking Section 59-28-350(H)(5)(a) and inserting:

  (5)(a) If the Attorney General declines or is deemed to have declined to commence an enforcement action or does not take action within thirty days of receipt of a complaint as provided under item (3), a parent may bring a civil action in his or her own name against the State for declaratory relief or injunctive relief, including reasonable attorney's fees and costs. A parent may not seek noneconomic damages unless the court or jury finds the defendant acted intentionally or with wilfulness, wantonness, and recklessness and such conduct proximately caused the noneconomic damages. Compensatory damages may not exceed one hundred thousand dollars.

Amend the bill further, SECTION 2, by striking Section 59-28-350(H)(6)(b) and inserting:

   (b) acts in substantial compliance with this article or written guidance or regulations issued by the Department of Public Health or the Department of Mental Healtha state agency implementing this section, provided that nothing herein shall be construed to limit civil liability of the state agency for any guidance, regulations, or actions that violate this article.

Amend the bill further, SECTION 3, by striking Section 63-5-340(A)(6) and inserting:

  (6) "Parent" means:
   (a) a biological parent, entity, adoptive parent, or person with legal custody, excluding an individual whose parental relationship to the child has been legally terminated; or
   (b) an individual who has been granted medical decision-making authority over the child under state law or by court order.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Renumber sections to conform. Amend title to conform.