Parental rights bill advances despite Keene senator's opposition, attempt to amend

May 3—The state Senate recently voted in favor of legislation to create a "parental bill of rights," rejecting a proposal by Democratic Sen. Jay Kahn of Keene to instead produce a booklet of rights that are already protected.

"We have a lot of laws on the books on parental rights relative to education, to health care, to notifying parents. Why don't we start from that common ground?" Kahn asked his fellow senators last Thursday. "Let's not start with accusations that parents aren't involved.

"I think schools are trying to get parents involved. It's forever been the problem that parents haven't wanted to be that involved."

The Senate ultimately passed House Bill 1431 on a voice vote without Kahn's amendment. It had already passed the House, and its next stop will be the Senate Finance Committee for consideration of fiscal ramifications.

The bill seeks to prohibit state and local governmental bodies from infringing "on the rights of parents to direct the upbringing and education of their children unless reasonable and necessary to achieve a compelling state interest."

Sen. Harold French, R-Franklin, spoke on behalf of the bill, saying it's important to let parents know they have "unalienable rights with respect to the care and upbringing of their children, especially when it comes to their children's health care and education."

"Parents feel excluded and prohibited from making decisions regarding what their children are learning in schools," French said. "This bill will assert they have a right to be informed and involved in that process."

The bill 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.

HB 1431 also states: "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."

Kahn called that the "gotcha clause."

"What is that important information?" he asked. "It's everything and anything, but you don't know exactly what it is."

HB 1431 says violation of its provisions could provide a basis for litigation.

Kahn said vague wording in the bill would invite lawsuits. He questioned a section saying "parents have the right to direct education."

"Does it mean at a granular level that every student should have an individualized education plan that the parents approve of?" Kahn asked.

The National Education Association of New Hampshire also opposes the bill.

The group said in a statement on its website that the bill could make it harder for educators to do their job.

"Each person's subjective direction could potentially upend an entire classroom to the detriment of all other students' education," it said.

Proponents say HB 1431 would foster better communication between parents and teachers and protect people's ability to raise their kids as they see fit without undue interference.

Sen. Bob Giuda, R-Warren, spoke in favor of the bill.

"I will always come down on the side of the rights of parents as opposed to any bureaucracy or any institution," he said. "Parents have duties and rights. Both are God-given."

He said the bill is necessary because "all teachers are not upstanding." Some, he claimed, teach "critical race theory," which holds that racism is embedded in the legal system and other social institutions of the United States. The NEA says there is no evidence this is being taught to children in New Hampshire.

Giuda praised a bill passed last year that bans public school teachers from telling students that some individuals by virtue of age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin are inherently racist, sexist or oppressive, consciously or unconsciously.

That law is being challenged by the New Hampshire chapters of the ACLU and the NEA.

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