(The Center Square) — New Hampshire lawmakers are considering a parental ‘bill of rights’ that would block schools from withholding information about students’ behavior, health or sexual orientation.
The legislation, which is being considered by the Senate Committee on Children and Family Law, would require public schools to disclose information unless there is “compelling state interest” to protect the child from abuse or neglect.
Backers of the plan say it protects the autonomy of parents over their children and outlines their “fundamental” parental rights over public school districts.
“The intent of this bill is to establish what constitutes a violation of rights and proposes a mechanism to notify parents about their rights,” state Sen. Timothy Lang, R-Sanbornton, told the panel Monday during a hearing. “SB 72 reaffirms that parents have the fundamental right and responsibility to direct the upbringing, education and care of their minor child.”
The bill has drawn backlash from advocates who said it would jeopardize the privacy of LGBTQ students who seek guidance from school counselors about issues related to their sexuality.
They argue that a ‘bill of rights’ would pose a risk of harm from parents learning a child was questioning his or her gender identity.
However, only a handful of opponents testified against the bill during Monday’s hearing. Most argued that the law would prevent teenagers from talking to teachers and guidance counselors about personal matters out of fear that their parents would find out.
“School can be a safe place, having one trusted adult significantly benefits a student’s well-being,” David Trumble, a Weare Democrat, testified. “This bill makes it impossible for a teacher to be that one trusted adult.”
Republican Gov. Kelly Ayotte supports a parental bill of rights, pledging on the campaign trail to “enthusiastically work” to pass the legislation and sign it, if elected.
House Speaker Sherm Packard, R-Londonderry, has filed his own parental ‘bill of rights’ proposal that is set for a hearing before the House Children and Family Law Committee this month.
Under Packard’s proposal, teachers or school administrators who violate provisions of a parental rights law could be charged with a Class A misdemeanor, which carries up to a year in jail.
In August, the New Hampshire Supreme Court backed a Manchester school district policy of withholding gender identity information from parents. The ruling stemmed from a lawsuit filed by a mother after discovering her child had asked to be referred to by a gender different than the one assigned to the student at birth. She argued the policy interfered with her right under the state’s constitution to raise and care for her child.
