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House Bill 1384 states that the "liberty of parents to direct the upbringing, education, health care and mental health of their children is a fundamental right."
House Bill 1384 would prohibit the state from infringing upon parents' rights unless the state could demonstrate that there is a compelling governmental interest as applied to the child. This interest must be of the highest order; it must be narrowly tailored, and cannot be served by less restrictive means.
This standard ensures that Oklahoma law recognizes that parental rights are fundamental. The language used in House Bill 1384 follows a number of U.S. Supreme Court cases and is modeled after a statute in Arizona.
Besides codifying the fact that parents have the right to direct their child's education, House Bill 1384 also protects the following:
- The right to direct the upbringing of your minor child.
- The right to direct the moral or religious training of your minor child.
- The right to make healthcare decisions for your minor child.
- The right to access and review all medical records of your minor child (unless prohibited by law).
- The right to consent in writing before a biometric scan of your minor child is made.
- The right to consent in writing before any record of your child's blood or DNA is created.
- The right to consent in writing before the state makes a video/voice recording of your child (certain limited exceptions).
- The right to be notified promptly when any state employee/entity suspects that a criminal offense has been committed against your child by someone other than you.
House Bill 1384 also acknowledges that parents have inalienable rights that are more comprehensive than those listed above, and that it does not prescribe all rights of parents. The bill states that the right of parents for minor children shall not be limited or denied.
House Bill 1384 does not authorize or allow a parent to engage in any conduct that would abuse or neglect a child in violation of Oklahoma law. The bill would also not provide any protection for any parental action or decision that would end life.
House Bill 1384 has now been place on the House Floor Agenda. This means that the bill could be brought up for a vote at any time. Please contact your state representative and ask them to support this bill.
HSLDA strongly supports House Bill 1384. Parents have a fundamental right to direct the upbringing and education of their children and we believe it is important to recognize this fact in state law. House Bill 1384 will do this.
02/04/2013 (House) First Reading
02/05/2013 (House) Second Reading referred to Human Services
02/20/2013 (House) CR; Do Pass, amended by committee substitute Human Services Committee
02/20/2013 (House) Coauthored by Representative(s) Hulbert
02/20/2013 (House) Authored by Senator Griffin (principal Senate author)
03/07/2013 (House) Available for consideration on House floor.
05/31/2013 (House) Bill is dead as of close of Legislature on May 31.
The right to homeschool is based on parents’ fundamental right to direct the education and upbringing of their children, and HSLDA has been in the center of the fight to preserve these rights for more than 25 years.
While many courts, including the U.S. Supreme Court, have affirmed parental rights in a variety of circumstances, some recent decisions have given reason for concern that recognition of parental responsibility and authority is eroding. Consequently, there is a movement underway to amend the U.S. Constitution to protect this fundamental right. We believe it is also important that individual states take a stronger stand to support parental rights. We believe it is also important that individual states take a stronger stand to support parental rights.
Visit ParentalRights.org for more detailed information.
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