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2026 SESSION

SB 948: relating to parental rights

Sponsor: Rick Brattin

RECOMMENDATION:
OPPOSE

Oppose due to opt-out data language and broad, expensive enforcement structure.

SB 948 is a parental-rights bill with several strong instincts. It would create a new statewide parental-rights standard, require the government to meet a compelling-interest / least-restrictive-means test before interfering, enumerate specific parental rights in education and health care, and create a cause of action for parents who believe those rights were violated . It would also repeal the current language that lets certain minors consent on their own to treatment for venereal disease and drug or substance abuse . But under our criteria, the bill still falls short because its student-data language is opt-out, not opt-in, and the enforcement section is broad enough that the fiscal note projects more than $1 million in annual General Revenue cost plus unknown additional litigation exposure .

Grows Government?
Mixed / Litigation Pathway
Fiscal Impact
> $1M/yr General Revenue
Family Impact
Mixed
Act4Mo Alignment
Mixed / Fails

What Does This Bill Do?

  • Fundamental Parental Rights Declared: This section says a parent has a fundamental liberty interest in the care, custody, and control of a child, including upbringing, education, health care, and mental health, free from government interference, imposing a compelling-interest / least-restrictive-means test on government restrictions .
  • Student Data Defect (Opt-Out): It lets a parent opt the child out of school-district personal analysis, evaluation, survey, or data collection for the statewide longitudinal student data system. Because the structure is opt-out rather than affirmative opt-in, it fails the Act for Missouri privacy rule .
  • Repeal of Certain Minor Self-Consent Authority: The bill removes venereal disease and drug/substance abuse from current minor self-consent language, restoring some parental control, though it notably leaves pregnancy self-consent intact .

Constitutional or Critical Context

The liberty-protecting purpose of SB 948 is within the proper role of government, attempting to restrain the state by codifying parental rights and limiting interference . However, the bill expands government in one important practical sense: it creates a broad litigation pathway against government entities . It gives parents a legal claim or defense with declaratory relief, injunctions, compensatory damages, and attorneys' fees . Due to this structure, the Department of Social Services anticipates 7 new FTE dedicated strictly to litigation work, shifting conflict resolution into expensive court battles rather than clean statutory safeguards .

Red Flags & Recommended Amendments

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Privacy / Consent Problem - student data is still opt-out

This is the cleanest reason to oppose under our current criteria. The bill does not require affirmative opt-in consent before school-related data collection; it only gives a right to opt out.

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Open-ended litigation engine

Parents may bring claims or defenses and seek declaratory relief, injunctions, compensatory damages, and attorneys' fees. The fiscal note ties that directly to more than $1 million in annual General Revenue costs and unknown broader litigation exposure due to vague language.

Act for Missouri Recommendation:

Act for Missouri OPPOSES SB 948 as introduced . The bill contains several strong pro-parent provisions and clearly seeks to push back against government interference . But under our criteria, the opt-out student-data language is a disqualifying privacy flaw, and the enforcement mechanism is broad enough to create serious recurring taxpayer cost and uncertain downstream litigation . With major amendments—especially converting the data language to true opt-in—it could become much more supportable .