Senate approves bill to require parental notice and opt‑in for certain school instruction

Senate Bill 299 advanced on second reading after hours of debate over parental rights, opt‑in versus opt‑out rules for certain instruction and the burden the measure would place on school staff. Senator John Fuller, sponsor of the bill, urged lawmakers to protect parents’ access to curricula and information about their children, saying parents “deserve transparency about what is taught to their children and the ability to shield their child, if necessary.”

The measure would require local boards of trustees to adopt policies that provide parents “full access” to information on their child, require at least five days’ notice and parental consent before providing certain instruction or presentations to a child, create procedures for parental complaints with a superintendent or designated committee, and authorize the attorney general, the superintendent of public instruction or a county attorney to sue a school district for violations. Fuller described the bill as “putting in code parental rights and transparency in education.”

Opponents said the bill duplicates existing law and could create operational confusion and extra workload for educators. Senator Janet Novak, speaking as a former public‑school educator, said Montana schools already partner closely with parents and that the bill’s opt‑in requirement “creates an opt in rather than an opt out” that could contradict current practices and duplicate requirements under prior statutes and district policies. Senator Jacinda Morgeau raised particular concern with language referencing “purported gender identity,” saying it could harm LGBTQ students by forcing disclosures or interventions that worsen unsafe home situations.

Supporters framed the bill as continuing prior legislative work to increase parental notice and involvement. Senator Mansella, who said this bill extends work begun in the prior session, pointed to the five‑day notice and the 14‑day written response requirement for superintendent investigations as strengths. Fuller said the bill authorizes enforcement by state and local prosecutors to provide remedies when districts fail to comply.

On the recorded second‑reading vote the clerk reported 31 senators voting Aye and 19 voting Nay, and the bill advanced in committee report to the floor.

The measure remains subject to further amendment and legal review before final passage. Supporters and opponents both urged schools and the Board of Public Education to clarify implementation details if the law is enacted, particularly how the opt‑in requirement would interact with existing curriculum‑review and special‑education obligations.

Senate action on SB 299 occurred during the Committee of the Whole’s second‑reading session on the floor; debate included testimony and references to prior board policies and court/constitutional limits on legislative authority over judicial or administrative duties.