Bill to force educators to respond to parental inquiries on sensitive information on their kids rejected again
May 5—CONCORD — Teachers and school administrators will not be required to respond to parents' inquiries about sensitive information concerning their children, with the death of a bill in the New Hampshire House of Representatives last week.
The action was the latest defeat for Republican legislative leaders, who in recent years have come close but failed to get parental rights legislation across the finish line in Concord.
Leaders in the LGBTQ and civil rights communities declared the bill's demise a big victory for protecting the safety and privacy of students and educators.
"I just can't believe the House thinks it's OK to keep parents from finding out what is happening to their children in school," said state Sen. Tim Lang, R-Sanbornton, the prime sponsor of the legislation (SB 341). Co-sponsors included House Speaker Sherman Packard, R-Londonderry; House Majority Leader Jason Osborne, R-Auburn, and Senate Majority Leader Sharon Carson, R-Londonderry.
"This seems like such a common sense bill and it turned into this partisan lightning rod. That's unfortunate."
Linds Jakows, co-founder of 603 Equality, said the legislation contained a "burdensome and overreaching" requirement that would have forced teachers to reveal to parents a child's thoughts about gender identity or sexual orientation before the child was ready to share.
"N.H. House indefinitely postpones forced outing of LGBTQ students AGAIN!" Jakows posted on X, formerly Twitter, right after the vote. "To reclaim the words of Frank Edelblut, 'Thank God someone's looking out for the children!'"
Edelblut used that phrase in a recent op-ed while defending actions he has taken and statements he has made about policies affecting schools.
House Democratic Leader Matt Wilhelm of Manchester asked the House to indefinitely postpone the topic, which short-circuited debate on the topic.
The House agreed by a vote of 185-176, which means the topic can't return to the legislative body in any form until 2025.
The bill makes no mention of gender or sex but would have compelled any credentialed teacher or administrator to respond within 10 days to a parent's written inquiry "regarding material information" about their child.
The bill would have allowed the educator to withhold that information if he or she believed the answer would put the child at "imminent risk of physical harm, abuse or neglect."
After making that determination, the teacher would have had to file within 48 hours a report with the state Department of Health and Human Services on their reasoning.
A violation of the proposed law could have subjected educators to a loss of their credentials to teach in the state.
Manchester case
The impetus for the bill was a Manchester School District policy that prevented officials from telling parents about their child's "transgender status" without the student's permission.
It came to light after a Manchester woman unsuccessfully tried to have local educators talk to her after she learned her child wanted to be associated with a gender different than the child's birth sex.
The Supreme Court currently is weighing the parent's appeal of a lower court ruling that found the local school policy was constitutional.
"We will not countenance lying to parents; that's why we are here. It's not because we made this up out of thin air," Senate President Jeb Bradley, R-Wolfeboro, said during Senate debate on the bill.
Last Thursday, Rep. Hope Damon, D-Croydon, said the legislation fails to acknowledge that children with questions about their gender identity can be at grave risk if these discussions are disclosed to parents.
"If we lived in a world where all people were safe and respected for being their authentic selves, there would be no concerns with this bill. We don't live in that world," Damon said.
"Instead, the reality is that this harmful bill would endanger all vulnerable youth, especially LGBTQ."
Rep. Mike Belcher, R-Wakefield, said there's a social movement in the country that views parents as "merely leasing" their children from the state.
"The right of parents to bring up their children must be further protected in law," Belcher said.
Majority Leader Osborne made a last-ditch appeal to prevent the bill's demise.
"Parental rights continue to be breached across this country," Osborne said. "I believe parents are the ultimate decision makers when it comes to their children. Let's restore and respect the fundamental rights of parents."
A coalition of education, civil rights and progressive organizations had pushed back, warning of its effects and contending that it would have violated a state law against discrimination in public schools.
"It is incumbent upon all of us to build communities that help trans people, especially trans youth, know they are loved, supported, and not alone — values that were made crystal clear once again today," said Courtney Reed, policy advocate for the American Civil Liberties Union of New Hampshire.
