Missouri Senate debates "parents bill of rights" (SB 948); two floor amendments adopted, bill placed on informal calendar

The Missouri Senate spent its floor session considering Senate Bill 948, described by the sponsor as the "parents bill of rights," with senators debating the bill’s scope, enforcement and potential conflicts with existing law.

Senator from Cass, the bill sponsor, told colleagues the substitute "is the parents bill of rights," and said the measure would enumerate parental authority over a child’s education, health care and mental‑health decisions; provide access to a child’s electronic and medical records; require written consent before biometric scans or the creation or storage of a child’s blood or DNA records; and create a private cause of action for parents who say their rights were violated.

"A parent who believes his or her rights may have been violated under this section . . . may assert that violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the government is a party," Senator from Jefferson read aloud from the substitute, citing the relief the bill would make available, including declaratory judgment, injunctive relief, compensatory damages and reasonable attorney fees.

Debate focused on several recurring concerns. Senators questioned a floor substitute definition of "parent," potential unintended effects on routine school health care and vaccine requirements, the meaning of broadly phrased protections (for example, rights that apply "including without limitation"), and how the bill would interact with district policies and federal law. Senator from Boone warned the bill’s requirement that government demonstrate a "compelling governmental interest" and use the "least restrictive means" could lead courts to apply strict scrutiny in many cases and produce widespread litigation; the sponsor said strict scrutiny is appropriate for what the substitute treats as a fundamental parental right.

Lawmakers also discussed student data and surveys, citing an incident involving a Kirkwood School District survey that senators said prompted concern about parental notice. Sponsor and colleagues agreed the substitute intends to exempt a student’s educational record and routine aggregate reporting, while targeting out‑of‑scope surveys and third‑party data collection.

On the floor, senators offered and adopted two amendments. Senator from Clay moved to adopt an amendment that aligns the bill’s definition of "parent" with existing statute; the amendment was adopted by voice vote. A subsequent amendment added language to define "school" to include public and charter schools and schools participating in the state empowerment scholarship/voucher program when public money is involved; that amendment also passed by voice vote.

A separate amendment to require parental access to memoranda of understanding and grants that bind schools drew a longer discussion over transparency versus proprietary contract terms and protections for personally identifiable information; that amendment remained under consideration. After the floor debate and amendment votes, the sponsor requested the substitute be placed on the informal calendar for further work.

With no final passage on the floor, the Senate laid the substitute on the informal calendar and adjourned until Tuesday, February 3 at 1 p.m.

What’s next: SB 948 will return from the informal calendar for further consideration; sponsors and critics said they expect additional drafting and clarifying language to address definitions, limited exceptions for urgent medical care and proprietary contract protections.