NH House defeats "parental bill of rights"

May 26—The N.H. House narrowly defeated a so-called "parental bill of rights" Thursday amid civil rights concerns from the Attorney General's Office and opposition from educators, social workers and health associations.

House Bill 1431 failed on a 176-171 roll call vote. Most of the Republicans who voted were in favor, and all Democrats were against. Thirteen Republicans joined with Democrats to scuttle the bill.

Republican Gov. Chris Sununu had vowed to veto the measure if it passed, noting the AG's concerns and saying it would create challenges for young people.

Separate versions of the bill previously passed the N.H. House and Senate, so the measure was sent to a conference committee to work out the differences.

N.H. Assistant Attorney General Sean Locke, who directs the Civil Rights Unit at the AG's office, said in conference committee testimony last week that it could conflict with state and federal laws against discrimination based on sexual orientation. The bill has a provision that would require, in some cases, that parents be notified of a child's gender expression or identity.

Locke said this could be construed as a requirement for school staff to "out" students against their wishes.

Opponents said the bill would potentially be harmful to children, is overly vague and could lead to lawsuits, while hampering schools' operations. Backers said it includes important safeguards and would ensure parents are kept advised of matters involving their children.

Among the Republicans voting against HB 1431 was House Speaker Pro Tem Kimberly Rice, R-Hudson. House Speaker Sherman Packard, R-Londonderry, removed her as chair of the conference committee considering the bill after she said she couldn't support it.

The measure contains broad language prohibiting state and local governmental bodies from infringing "on the rights of parents to direct the upbringing and education of their children" and would mandate extensive reporting requirements.

One provision requires that parents be notified promptly of any counseling services offered to their kids; another, that schools tell parents if their child joins a club or is subject to any disciplinary action.

In arguments before the House on Thursday, Rep. Sue Mullen, D-Bedford, a retired educator and school counselor, said the legislation demonstrates a lack of faith in educators and could have a chilling effect on the ability of children to have difficult conversations with trusted faculty members.

"There are some rights in this bill that don't seem right at all," she said.

"House Bill 1431 would require schools to track and notify parents every time a student changed their extra-curricular activities or joined a club," she said.

Notifying parents of every disciplinary infraction would be unwieldy, time-consuming and disheartening for teachers, Mullen said.

"Does that mean if chatty 7th-grade Suzy needs to have her seat changed that a call will be made home at the end of the day?" she asked. "What if active Alan throws a tater tot in the cafeteria, is Mr. Vice Principal expected to call mom if he requires Al to clean up the floor around the table?"

The bill states that if its provisions were violated, parents could sue school districts.

It mentions some parental rights that are already recognized, such as the ability to apply for private schools, exercise exemptions to vaccination requirements, review statewide testing results, join parent-teacher associations and review a child's school records.

"Important information relating to a minor child should not be withheld, either inadvertently or purposefully, from his or her parent, including information relating to the minor's education," it states.

Rep. Terry Roy, R-Deerfield, said before the House on Thursday that the bill would provide important safeguards against a tiny minority of educators who don't have children's best interests in mind, including those who would "groom," or win the trust of young people to victimize them.

The measure would help prevent the sort of secrecy between teachers and students that could allow such grooming behavior, he contended.

"It's been proven time and time again; keeping secrets with children that their parents are not allowed to know about is classically proven behavior that leads to this type of thing, and we always have to be on guard for it," Roy said. "It should not be happening. The parents should always be in the loop."

Opponents of the bill compared it to a law in Florida preventing public school teachers from instructing about sexual orientation or gender identity. They said children need protection from abusive parents who could victimize them after receiving notifications required by the measure.

However, Rep. Melissa Blasek, R-Merrimack, said the presumption should always be that parents have the best interests of their children at heart.

"Parents are programmed to love and care for their children like no other adult, and we should be supporting parents so they can protect their children from potential bad actors and influences outside of the home," she said.

Rick Green can be reached at rgreen@keenesentinel.com or 603-355-8567.