Explainer and Model Policies: Assembly Bill 495 and Parental Rights
Assembly Bill 495 (Celeste Rodriguez, D – San Fernando Valley) was passed by the legislature and signed into law by Governor Newsom, over the objections of many parental rights advocates, attorneys, and policy experts. This explainer breaks down the parts of the law that pose a potential threat to parental rights, and presents three model policies for school district consideration.
Concern: Lack of Safeguards Around Caregiver Affidavits
The law expands the realm of individuals who are eligible to sign a Caregiver’s Authorization Affidavit, allowing extended family members, as defined to be “within the fifth degree of kinship,” to make educational and medical decisions for minors. AB 495 does not require notarization, parental consent, or background checks for such affidavits, creating loopholes for potential misuse and exploitation of minors, including kidnapping and human trafficking.
Specifically, the law says:
Sec 4 (h) (2): “Relative” means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including all stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.
Concern: Expanded Authority over Medical and Educational Decisions
The law grants caregivers the same authority as parents and legal guardians to make school enrollment and medical care decisions. This may allow individuals with unverified or minimal relationships with children to make critical choices for them without the parent’s knowledge or consent, undermining parental rights and exposing minors to potential harm.
The law says:
Sec 4 (a): A caregiver’s authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit… to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative and who completes items 1 to 8, inclusive… shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by this caregiver who is a relative may include mental health treatment subject to the limitations of Section 2356 of the Probate Code.
Sec 4 (h) (3):“School-related medical care” means medical care, including immunizations, physical examinations, and medical examinations conducted in schools for pupils, that is required by state or local governmental authority as a condition for school enrollment or participation in local educational agency-related extracurricular activities.
Concern: Mandatory Adoption of Model Policies and Distribution of Immigration Guidance
School districts and charter schools are required to adopt policies consistent with guidance developed by the California Attorney General, and continually keep the model policies updated if the Attorney General issues updated policies. They must also post guidance issued by the Attorney General on immigration enforcement.
Local educational agencies may be subject to monitoring and auditing by the state to ensure compliance. This bill places excessive administrative burdens and compliance costs on school districts and charter schools. Because the AG’s guidance may evolve over time, local educational agencies must continually monitor and update materials to remain compliant, creating liability if outdated information is shared.
Below are three model policies for school districts to consider in response to AB 495. Model 1 is the least protective of parental rights compared to the others, but better than the affidavit provided in the law. Model 2 is a middle-of-the-road approach, and Model 3 is the most protective of parental rights.