Relating to rights of a parent or guardian including rights relating to medical care and education, and providing for a private cause of action

This bill relates to the rights of parents and guardians, and provides a private cause of action. The bill provides for a private cause of action under Code chapter 601 (parents and guardians —— rights).80 (sexual orientation and gender identity —— prohibited instruction) have been violated may assert such violation as a claim or defense in a judicial or administrative proceeding and obtain appropriate relief, including damages, injunctive relief, or other redress. The bill provides that standing to assert a claim or defense shall be governed by general federal and state doctrines of standing, and that a prevailing plaintiff may also recover reasonable attorney fees and costs. Under the bill, prior to a parent or guardian filing suit against a school district for an alleged violation of the specified sections of Code chapter 279, the parent or guardian shall submit a written complaint to the school district’s local board of directors detailing the alleged violation. The local board of directors of the school district has calendar days from receipt of the complaint to determine if a violation has been committed and, if the local board of directors determines a violation has been committed, to remedy the violation. If a violation is not remedied in a timely manner, the parent or guardian may file suit against the school district under the private cause of action provisions. The bill requires that a government entity indemnify the entity’s employees for any liability incurred by the employee and for any judgment entered against the employee for claims arising under the bill. A government entity is not required to indemnify an employee if the employee was convicted of a crime for the conduct from which the claim arises.80.