NC Parents' Bill of Rights now law; what does this mean for Asheville City Schools?

ASHEVILLE - It was an emotional Board of Education meeting Sept. 5. at Asheville City Schools. The Parents' Bill of Rights, or SB49, became law in North Carolina on Aug. 16, just more than a week before Asheville City and Buncombe County schools started fall semester ― leaving little time to discuss the new policies this law might bring for the districts.

ACS Superintendent Maggie Fehrman and Board Attorney Kris Kaudle spoke about what the bill could potentially mean for the district — while several board members shook their heads and others were visibly upset.

"I'm going to have trouble even talking about this bill," board member Amy Ray said, holding back tears.

"This is not a content neutral bill. It pretends to be, but it is designed to harm people, and it does. We won't really know the impact of this bill for years to come. We won't really know what our teachers are allowed to say, we won't really know how folks can respond without putting themselves or the school district in harm's way."

The Parents’ Bill of Rights, bans curriculum on gender identity, sexual activity, and sexuality from being taught in kindergarten through fourth-grade classrooms. The bill also states that a parent of K-12th grade students must be notified before a student’s name or pronouns are changed in school records or by school staff.

Critics of the new law say it will impact the way staff members are able to do their jobs, putting more restrictions and limitations on them while also targeting LGBTQ+ students and their families.

Democratic Gov. Roy Cooper vetoed the bill on July 5 writing that "this bill will scare teachers into silence by injecting fear and uncertainty into classrooms."

The Republican-controlled N.C. General Assembly overrode the veto on Aug. 16.

There are currently seven policies at ACS that will be impacted by this law. These include policies on parent involvement, parental inspection and objection to instructional material, health education programs, student behavior, staff responsibilities and student health services.

The law states that if an employee of the state "encourages, coerces, or attempts to encourage or coerce a child to withhold information from his or her parent (they) may be subject to disciplinary action."

Craig White, supportive schools director and special projects adviser at Campaign for Southern Equality, an Asheville-based LGBTQ+ advocacy organization, spoke at the Sept. 5 meeting.

"Every school district in the state is wrestling with this and other school districts are taking this as permission to discriminate," White said.

This new law allows parents to file complaints with the North Carolina Department of Public Instruction or in some cases take their complaints to court if the parent feels like they aren't receiving information they are requesting about their child.

Educators are asking me, "what protections do I have?" said Board Chair George Sieburg, who is also a parent of an ACS student.

Buncombe County Schools recently added a tab on its district website home page, labeled "Parents' Bill of Rights." This tab directs users to a page that says "pre-existing board policy addresses many of these rights. Future changes in board policy to address these rights will be added to this notice."

A concerned parent of a first grader at Isaac Dickson Elementary School, Christina Mason, wrote in an Aug. 31 email to ACS board members, "this law sends the message that not only are discrimination and marginalization OK, they are actually led from the top."

There has not yet been a timeline mentioned on when these policies need to be changed for the districts.

"Let's go for equity as much as possible and we will take our risks," Ray said. "The educators are going to feel threatened by this and that was the intent of the law, for them to feel threatened."

What the law entails

It requires parental review and consent before a "protected information" survey is given to a child. Topics in the survey covered could be: “Political affiliations or beliefs, mental or psychological problems, sex behavior or attitudes, illegal, anti-social, self-incriminating, or demeaning behavior, critical appraisals of close family relationships, legally recognized or similar privileged relationships, religious practices, affiliations, or beliefs, income, except eligibility and financial assistance determinations.”

The law also states that governing bodies of public schools should adopt policies that promote parental involvement, and the policies should "provide for parental choices and establish parental responsibilities."

There are currently 11 anti-LGBTQ+ bills in North Carolina — seven of those being in schools and education, with five that have already passed into law, according to American Civil Liberties Union data.

More: NC Parents' Bill of Rights bill moves forward; critics say it could harm LGBTQ+ children

More: Buncombe County, Asheville school speak out against voucher bill: 'It's a 'giveaway'

McKenna Leavens is the education reporter for the Asheville Citizen Times, part of the USA Today Network. Email her at mleavens@citizentimes.com or follow her on Twitter @LeavensMcKenna. Please support this type of journalism with a subscription to the Citizen Times.

This article originally appeared on Asheville Citizen Times: NC Parents' Bill of Rights now law, what does this mean for ACS