Parental rights bill fails key House test
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Mar. 22—CONCORD — A bill to give parents the right to learn about their child's gender identity discussions in public schools narrowly failed before the House of Representatives Wednesday.
Despite a rare floor speech from House Speaker Sherman Packard, the bill's prime author, the House voted, 195-189 to reject the legislation (HB 10).
"This bill results in common sense legislation that parents, not the government, direct the upbringing of their children," Packard had argued.
The House kept the issue barely alive, however, voting 193-192 to table it. State Rep. Laurie Sanborn, R-Bedford, who took over for Packard during debate on the legislation, broke the tie that blocked House Democrats from trying to kill it outright.
State Rep. Robert Lynn, R-Windham, denied the charge that the legislation would put LGBTQ students at greater risk of parental abuse and neglect.
"We should not be protecting children from the ordinary things in life, from the ordinary emotions that parents express from time to time," said Lynn, who offered his own floor amendment to the bill the House also rejected, 194-190.
Lynn stressed the legislation allowed a teacher to decide not to speak to a parent if there was "clear and convincing evidence" that doing so could put the child at risk.
"If there really is a serious threat to the child, either physically or psychologically, then the school district.... certainly needs to do something," he said.
But Rep. Alicia Gregg, D-Nashua, said as a domestic abuse survivor she knew all too well that children often seek refuge in school from an abusive parent.
"So many kids are suffering abuse and the only chance they have for respite and for peace is that school," Gregg said.
On the pivotal 195-189 vote against the original bill, four House Republicans broke with GOP ranks to oppose it, Reps. Mike Bordes of Laconia, Travis O'Hara of Belmont, Mark Proulx of Manchester and Dan Wolf of Newbury. All House Democrats opposed the bill.
"It is unfortunate that the members of the House were swayed by scare tactics and false information," House Majority Leader Jason Osborne, R-Auburn, said after the vote.
"Educators and parents should be partners in a child's education, and it is not the job of school administrators sitting behind a desk to decide what gets shared with parents and what is deliberately kept from them. Sadly, today every Democrat in the House chose to support systems and secrets over parents."
Rep. Paul Terry, R-Alton, said polls showed a super-majority of residents supported the bill's concept.
"HB 10 it is not a weapon to divide but a tool to unite," Terry said.
Rep. James Roesener, D-Concord, said students who are considering gender transition should be able to privately confide with a teacher or counselor.
"This bill would mandate autocratic surveillance of students," Rosener said.
Rep. Peter Petrigno, D-Milford and a retired teacher, said most educators are parents and try to involve them in their students' lives.
"Do we seriously believe they would promote school policies that would deny them their rights as parents?" Petrigno asked rhetorically.
House Deputy Speaker Steven Smith, R-Charlestown, spoke of his own difficult relationship with one son who, after years that they didn't speak, came to him in a time of personal crisis.
"Give parents a little credit; we explode on things but we still love our kids. We may not even like our kids but we love our kids and will do anything for them," Smith said.
The House later this spring will also take up a Senate-passed bill (SB 272) on the topic endorsed by that legislative body on a GOP-partisan 14-10 vote.
The lawsuit a Manchester parent filed last year against that city's school board that denied her access to information about her child became a rallying cry for this change. The Supreme Court is considering the parent's appeal of a lower court judge's ruling that went against her.
A version of this bill (HB 1341) last year made a teacher give a parent information about a child's gender identity exploration to include membership in gay or transgender social clubs.
A year ago, the House rejected that Senate-passed final compromise, 176-170.
Both House and Senate bills this year compel teachers to share information only after a parent inquires about the topic.
