“Enjoy Georgia’s Parents Bill of Rights ‘Law’ . . . While You Still Can”

The Dangers of Amending the Georgia Constitution

Even if you consider yourself a “good parent” and think your kids are in a “safe schooling situation,” everyone needs to pay attention to the proposed Parental Rights Constitutional Amendment.¹ Why? Because the Georgia Constitution is the most powerful document in the State of Georgia, taking precedence over all other state laws. Plus, it will affect all children, not just those in public schools.

This three-part series examines the consequences of last year’s proposed Parental Rights Constitutional Amendment, which by all accounts will be introduced again this year. If passed and approved by the voters, parental rights will suffer, not strengthen. It is a Trojan horse that will trample, among other things, state laws that protect parental rights. We need to be prepared for what is coming.

State Constitutions Override State Laws

The Georgia Constitution is the preeminent document in the state. Think of it as higher, more important, more powerful, and taking precedence over every state law.

If the Georgia Constitution changes with an amendment, the consequences ripple down, sometimes changing and cancelling laws that exist today. That is why constitutional amendments are so important. All intended or unintended consequences should be examined. That is the concern here. If the proposed Parental Rights Constitutional Amendment takes effect, it will override or “preempt” existing state laws that protect parental rights.

The proposed Parental Rights Constitutional Amendment states that parental rights apply except when the State is acting “to protect the health and safety of children.” So, if the State can designate a government action or law as “protecting the health and safety of children,” then anything goes.

Whether it’s vaccine mandates, transgender medical treatments, opting out of sex education in public school, homeschooling your children, or whatever the State may deem “protecting the health and safety of children,” the State will be able to do whatever it wants with your minor children.

The “Health and Safety Exception” That Swallows Parental Rights

Last year’s Parental Rights Constitutional Amendment, which is positioned to be reintroduced again this year, states:

“Parents have a fundamental right to direct the upbringing, education, care, and control of their children. This right shall not be construed to authorize or excuse child abuse or neglect, nor to limit the authority of the state to protect the health and safety of children. This Paragraph shall not be construed to apply to a parental action or decision that would intentionally end life.”

Now, focus on the words “This right.” “This right” means the “parental rights” in the first sentence! Next, focus on the words “shall not be construed to . . . limit the authority of the state to protect the health and safety of children.” Now, put it together, “Parental rights shall not limit the authority of the state to protect the health and safety of children.”

Stated another way, your parental rights shall not limit the authority of the state to protect the health and safety of your children. Is that what you want? If you as the parent say, “What about the Parents Bill of Rights?” the response will be, “constitutions override laws.”

Georgia’s Parents’ Bill of Rights “Law”

Abraham Lincoln once asked, “If a dog has four legs and a tail, and you call the tail a leg, how many legs does the dog have?” The answer was, “Four, because calling a tail a leg does not make it a leg.” What wonderful wit and wisdom, and relevant to my next point.

Like many other states, Georgia’s Parents’ Bill of Rights is a misnomer and confusing because it is a law. Most “Bills of Rights” are in our federal and state constitutions, and they carry the heft and power of a constitution.

However, Georgia’s Parents’ Bill of Rights is just a law. For clarity I refer to it as the Parents’ Bill of Rights “Law.” It was passed in the state legislature as House Bill (HB) 1178 and signed into law by the governor. You can find it at O.C.G.A. § 20-2-786. Don’t be misled. Calling it a “Bill of Rights” does not make it one.

The Parents’ Bill of Rights “Law”…with the “Health and Safety Exception

Georgia’s Parents Bill of Rights “Law” lists many (but not all) of the protections that apply to a minor child’s upbringing and schooling. Below is a synopsis of these rights. To show you how the “health and safety exception” would apply, (if the constitutional amendment were to pass) it is written in italics and in red behind each of these rights below.

Parents have a fundamental right to direct the upbringing, education and the moral and religious training of their minor children. ² . . . except when the State is acting “to protect the health and safety of children.”

Parents have additional inalienable parental rights that are more comprehensive than those listed in the Parents’ Bill of Rights “Law.” . . . except when the State is acting “to protect the health and safety of children.”

Government ³ cannot infringe on the fundamental rights of parents, unless the government can prove (before a court of law when challenged) that the government’s action is: (1) reasonable and necessary to achieve a compelling state interest; and (2) that the government’s action is narrowly tailored and cannot be accomplished by less restrictive means. . . . except when the State is acting “to protect the health and safety of children.”

(Currently, Georgia parents enjoy the “strict scrutiny standard,” which is the highest standard of proof the government must meet to infringe on parental rights. It is also the most difficult standard for the government to reach to justify its actions.

When a parent challenges government/public school interference with their parental rights, the burden of proof is on the government/public school to prove that it can meet the strict scrutiny standard. Government can rarely meet this standard and the parents usually win.)

The Parents’ Bill of Rights “Law” also specifies:

The right to send the child to a public school, a private school, a religious private school, a home study program, or other available options (for example, Georgia’s “Learning Pod Protection Act.”) ⁴ . . . except when the State is acting “to protect the health and safety of children.”

The right to review and object to all instructional materials used in the child’s classroom or recommended by the child’s teacher and opt-out. . . . except when the State is acting “to protect the health and safety of children.”

The right to advanced notice of sex education, and the right to withdraw or opt-out of sex education in writing. . . . except when the State is acting “to protect the health and safety of children.”

The right to opt-out of photographs, video, and voice recordings of the child. . . . except when the State is acting “to protect the health and safety of children.”

The right review the child’s records, including current grade reports and attendance records, as well as promotion and retention policies and high school graduation requirements. . . . except when the State is acting “to protect the health and safety of children.”

So, all of the protections in the Parents Bill of Rights “Law” will be overridden and qualified by the “health and safety exception,” even the strict scrutiny standard! Along the same lines, the “health and safety exception” will also override or qualify the rights in Georgia’s Religious Freedom Restoration Act, which was passed in 2025.[1] Who knows what other laws protecting our rights will also be overridden.

The “Health and Safety” Entry Point

This is not the first time “health and safety” has been used to whittle away at parental rights. In 2025, the Georgia legislature passed House Bill (HB) 268, which quietly “updated” the Parents’ Bill of Rights “Law” and gave certain parental rights (regarding student records and information) to the Department of Juvenile Justice, the Department of Human Services, and the Division of Family and Children Services.

This was done by changing the definition of “parent,” adding the definition of “legal custodians,” and making these State agencies “legal custodians” with “authority to act on behalf of a student.” Note that “legal custodians” are not the same as “adoptive parents” and “legal guardians.” One of the stated goals of HB 268 was to protect the “health, safety, and well-being” of children.⁵

Our Trajectory If People Don’t Take Action

For those of you thinking that this will never happen, let me remind you that there are school-based health centers currently operating in Georgia’s public schools, which are slowly but surely taking over students’ healthcare needs.

You may enjoy the convenience of having the school-based health center handle your child’s heath care, but to what end? What if they give your child a transgender medical treatment that is, in their determination, “to protect the health and safety” of your child. Plus, they have a psychiatrist, psychologist, and/or school counselor to support their belief that transgender medications are needed.

If you object, the public school’s answer will be, the Georgia Constitution gives the State the power to do this. Plus, constitutions override laws. Parents, you lose. The bottom line is that we are too many generations away from tyranny to remember where this leads. We would do well to reconsider world history, how socialism plays out in real life, and the dangers of empowering the State. It is time to pay attention to changes in Georgia’s laws.

Parental Rights and the “Health and Safety of Your Children

You must ask yourself: do you really want the State to have the final say on the health and safety of your children? Do you want the State to override your parental rights and religious freedoms in the name of “health and safety” as the State defines it?

Have you forgotten that your constitutional rights, including your parental rights, protect you from the government? If the Parental Rights Constitutional Amendment were in effect, Georgia parents would have fewer rights today, not more! In fact, they would have virtually zero rights when the State is purportedly acting “to protect the health and safety of children.”

And if our legislators try to pass another parental amendment next session, we need to understand the issues and be prepared to vote NO! Sometimes, . . . less is more.

Sometimes, Less is More

Our U.S. Constitution and Bill of Rights have fewer words, not more, and they have withstood the test of time. The founding fathers did not include a list of exceptions to our right to freedom of speech, free exercise of religion, and the freedom to peaceably assemble.⁶

This is how great constitutions function. They set forth a basic right. Then, that right is interpreted by the courts, which clarify the meaning and create exceptions as needed.

Laws are also passed that further the right. If our founders had written in exceptions to free speech, how would the freedom of speech have adapted over the centuries? Would it protect speech over the phone, in emails, and in texts? Probably not, and that is the point! We cannot anticipate what the future holds. Exceptions written into the constitution tend to be inflexible, exploited, and can swallow up the constitutional right in one giant gulp, as is the case with HR 1023.

So, when the next legislative session rolls around and you are asked about the Parental Rights Constitutional Amendment, you can astutely answer, “Constitutions override laws. I don’t want the “health and safety exception” that would override Georgia’s Parents’ Bill of Rights “Law.” Plus, I prefer the ‘less is more’ approach used in the First Amendment – no carve outs and no exceptions!”

ACTION ITEMS:

1. Remember that your constitutional rights, including parental rights, protect you from the government. Do you really want the State to have the final say on the health and safety of your children? Do you really want a constitutional amendment that gives you fewer parental rights and religious freedoms than you have today?
2. Be prepared to oppose parental rights amendments with exceptions or carve outs, especially the “health and safety exception.”

Disclaimer: This article is for educational purposes only. No information contained in this article should be construed as legal advice, does not create an attorney-client relationship, nor is it intended to be a substitute for legal counsel on any subject matter. Readers are encouraged to contact an attorney in their jurisdiction with any questions.

Kelly Himes Brolly is an attorney, author, consultant, and the Managing Member of Double Umbrella Publications, LLC, d/b/a Double Umbrella Consulting. For more information on constitutional rights in layman’s terms, see Part II, Federal and State Constitutional Rights, in Kelly’s book, “Laws, Rules, and Rights: A Guide to Protecting Children in Public Schools,” Double Umbrella Publications, LLC (2023). To order Kelly’s book on Amazon, go here. To hear Kelly’s podcast on ThinQ Media titled “The Informed Parent,” go here. To learn more about parental rights and public schools in all 50 states, go here or to www.doubleumbrellapublications.com.

¹ Last year’s Parental Rights Constitutional Amendment was introduced as HR 1023. Thankfully, it failed. Yet, there are plans to try again in the next legislative session with the same “health and safety exception.” In Georgia, constitutional amendments are proposed by the General Assembly (also known as the state legislature) or through a state constitutional convention. The proposed constitutional amendment is written in a House or Senate Resolution exactly as it will be presented to voters. To take effect, the amendment must be approved by a majority of voters in a general election.

² “Minor child” means a person who is less than 18 years of age and who has not been emancipated by operation of law or by court order. O.C.G.A. § 20-2-786(c)

³ “Government” includes the state or local government entity, governing body, or any officer, employee, or agent thereof. O.C.G.A. § 20-2-786(d). “Governing body” means the local board of education, governing council, governing board, or other entity by whatever name responsible for creating and implementing the budget of a local education agency. O.C.G.A. § 20-2-786(c)(1). See also, O.C.G .A. § 20-2-167.1

⁴ O.C.G.A. § 20-2-690.

⁵ In 2025, the Georgia legislature passed House Bill 268. This amendment was called an “update” to the Parents’ Bill of Rights at lines 34 and 35 of HB 268. Our legislators inserted in the Parents’ Bill of Rights paragraph (f)(1) “that meet the requirements of Code Section 20-2-667 and 20-2-670” at the beginning and added “and to request the transfer of such records to another school or a person or entity authorized to receive such records” at the end. It also changed the definition of “parent” and added a definition for “legal custodians” in 20-2-720, a law refenced within a law. Now, “’parent” means “an individual other than a legal custodian who has legal authority to act on behalf of a student as a natural or adoptive parent or a legal guardian.” Now, “legal custodian” means “an entity or individual other than a parent with legal authority to act on behalf of a student. Such term shall include the Department of Juvenile Justice, the Department of Human Services, and the Division of Family and Children Services.” See O.C.G.A. 20-2-662 (definitions), O.C.G.A. 20-2-667 (parental and student review of education record; model policies), O.C.G.A. 20-2-670 (transfer of education records), and O.C.G.A. 20-2-720 (inspection of students’ records by parents or legal custodians) all changing the definitions of “legal custodian” and “parent.”

⁶ “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” U.S. Constitution, First Amendment.