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Parents and Students » Notice of Parental Rights

Notice of Parental Rights

 
 
As enacted by S.L. 2023-106 ("Parents' Bill of Rights") on August 16, 2023, G.S. § 114A-10 enumerates the various rights of parents under existing state and federal law. The statute provides that a parent has the right:
 
(1) To direct the education and care of his or her child.
 
(2) To direct the upbringing and moral or religious training of his or her child.
 
(3) To enroll his or her child in a public or nonpublic school and in any school choice options available to the 
parent for which the child is otherwise eligible by law in order to comply with compulsory attendance laws, as provided in Part 1 of Article 26 of Chapter 115C of the General Statutes.
 
(4) To access and review all education records, as authorized by the federal Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, relating to his or her child.
 
(5) To make health care decisions for his or her child, unless otherwise provided by law, including Article 1A of Chapter 90 of the General Statutes.
 
(6) To access and review all medical records of his or her child, as authorized by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), P.L. 104-191, as amended, except as follows:
 
a. If an authorized investigator requests that information not be released to a parent because the parent is the subject of an investigation of either of the following:
 
1. A crime committed against the child under Chapter 14 of the General Statutes.
2. An abuse and neglect complaint under Chapter 7B of the General Statutes.
 
b. When otherwise prohibited by law. 
 
(7) To prohibit the creation, sharing, or storage of a biometric scan of his or her child without the parent's prior written consent, except as authorized pursuant to a court order or otherwise required by law, including G.S. 7B-2102 and G.S. 7B-2201.
 
(8) To prohibit the creation, sharing, or storage of his or her child's blood or deoxyribonucleic acid (DNA) without the parent's prior written consent, except as authorized pursuant to a court order or otherwise required by law, including G.S. 7B-2201.
 
(9) To prohibit the creation by the State of a video or voice recording of his or her child without the parent's prior written consent, except a recording made in the following circumstances:
 
a. During or as part of a court proceeding.
 
b. As part of an investigation under Chapter 7B or Chapter 14 of the General Statutes.
 
c. When the recording will be used solely for any of the following purposes:
 
1. A safety demonstration, including one related to security and discipline on educational property.
 
2. An academic or extracurricular activity.
 
3. Classroom instruction.
 
4. Photo identification cards.
 
5. Security or surveillance of buildings, grounds, or school transportation.
 
(10) To be promptly notified if an employee of the State suspects that a criminal offense has been committed against his or her child, unless the incident has first been reported to law enforcement or the county child welfare agency, and notification of the parent would impede the investigation.
 
As enacted by S.L. 2023-106, G.S. § 114A-15 expresses the following limitations on the right to parent:
 
(a) The requirements of this Article do not authorize a parent to do any of the following:
 
(1) Engage in unlawful conduct.
 
(2) Abuse or neglect the child, as defined in Chapter 7B of the General Statutes.
 
(b) The requirements of this Article do not prohibit the following:
 
(1) A State official or employee from acting in his or her official capacity within the reasonable and prudent scope of his or her authority.
 
(2) A court of competent jurisdiction from acting in its official capacity within the reasonable and prudent scope of its authority or issuing an order otherwise permitted by law.
 
The Rutherford County Board of Education ("Board") values parental involvement and respects the rights of parents in the education and upbringing of their children. In addition to those outlined above, G.S. § 115C-76.25, as enacted by S.L. 2023-106, further provides a list of parents' legal rights with regard to the education of their children. A variety of preexisting Board policies address many of the legal rights reflected in that statute. Forthcoming changes to Board policies intended to further address those rights will be added to this Notice following their adoption by the Board. Citations and links to existing Board policies on the subject matter of those rights are included for your convenience below.
  1. The right to consent or withhold consent for participation in reproductive health and safety education programs, consistent with the requirements of G.S. § 115C-81.30. See Board policy 3540, "Comprehensive Health Education Program."

  2. The right to seek a medical or religious exemption from immunization requirements, consistent with the requirements of G.S. §§ 130A-156 and 130A-157. See Board policy 4110, "Immunization and Health Requirements for School Admission."

  3. The right to review statewide standardized assessment results as part of the State report card. See Board policy 1310/4002, "Parental Involvement."

  4. The right to request an evaluation of their child for an academically or intellectually gifted program, or for identification as a child with a disability, as provided in Article 9 of Chapter 115C of the North Carolina General Statutes. See Board policy 1310/4002, "Parental Involvement," and Board policy 3520, "Special Education Programs/Rights of Students with Disabilities."

  5. The right to inspect and purchase public school unit textbooks and other supplementary instructional materials, as provided in Part 3 of Article 8 of Chapter 115C of the North Carolina General Statutes. See Board policy 3210, "Parental Inspection of and Objection to Instructional Materials."

  6. The right to access information relating to the Board's policies for promotion or retention, including high school graduation requirements. See Board policy 1310/4002, "Parental Involvement."

  7. The right to receive student report cards on a regular basis that clearly depict and grade the student's academic performance in each class or course, the student's conduct, and the student's attendance.

  8. The right to access information relating to the State public education system, State standards, report card requirements, attendance requirements, and textbook requirements. See Board policy 1310/4002, "Parental Involvement."

  9. The right to participate in parent-teacher organizations. See Board policy 5010, "Parent Organizations."

  10. The right to opt-in to certain data collection for their child, as provided Part 5 of Article 7B and Article 29 of Chapter 115C of the North Carolina General Statutes. See Board policy 4720, "Surveys of Students."

  11. The right for students to participate in protected student information surveys only with parental consent, as provided in Part 5 of Article 7B of Chapter 115C of the North Carolina General Statutes. See Board policy 4720, "Surveys of Students."

  12. The right to review all available records of materials their child has borrowed from a school library as set forth in Board policy 3210, "Parental Inspection of and Objection to Instructional Materials."
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Published Monday, September 11, 2023
Revised Friday, October 20, 2023