5 Things to Know about NC's proposed 'Parents' Rights Bill,' ban on teaching LGBTQ issues

Supporters say it’s a win for parents. Opponents say it stigmatizes LGBTQ students, teachers, and the broader community.

Earlier this week, North Carolina Senate Republicans revealed the Parents’ Bill of Rights, which has brought a new level of attention to how K-12 public schools approach instruction and identity. The legislation has already cleared a pair of Senate committees as it moves toward a chamber vote.

So, what’s in the bill? Might it pass? And why is it being proposed now? Here are five things to know about the controversial Parents’ Bill of Rights:

Is it a 'Don't Say Gay' bill?

Perhaps the bill’s most contentious paragraph addresses how sexual orientation and gender identity are taught in early grades. The latest edition of the bill states:

"Instruction on sexual orientation or gender identity shall not be included in the curriculum provided in grades kindergarten through third grade, regardless of whether the information is provided by school personnel or third parties.”

This language is similar to what Florida included in its Parental Rights in Education bill, which opponents labelled the “Don’t Say Gay” law.

“We really see (the North Carolina bill) as another “Don’t Say Gay” bill,” said Craig White, who works as the supportive schools coordinator at the Asheville-based Campaign for Southern Equality. “There’s some parents’ rights at the front (of the bill) to mask it,” but if you look at what those rights are, it’s things like the right to receive a report card or the right to join a parent-teacher organization which are well-established common practices.”

White believes the bill’s “vague” language will “create a chilling effect on teachers and students,” thereby depriving young students of an accurate and healthy representation of the real world.

Senate Republicans disagreed, arguing the ban on sexual orientation and gender identity instruction would still permit references to LGBTQ people and relationships.

“This is about not teaching 5-, 6-, 7-, 8-year-olds things that are not age appropriate," said Sen. Michael Lee, a New Hanover County Republican and a Senate education committee co-chairman.

Sharing pronouns and more

Critics of the bill fear it would force schools to divulge information to parents that students wouldn’t want their parents to know. One specific example is what materials they check out from school libraries. Another is a student’s pronouns. The bill states parents must be made aware before any changes are made to K-12 public school students’ names or pronouns.

“LGBTQ students tend to come out first in environments where they feel safest, and usually that is at home,” White said. “For students who feel unsafe sharing that information with their family, they may rightly recognize that they are at risk of abuse or being kicked out of the home if that information was to be shared.”

The bill also requires school districts to inform parents of any “changes in services or monitoring related to his or her child's mental, emotional, or physical health or well-being,” which same say is too vague and puts students in abusive families in danger.

Republican leaders argue informing parents of these changes should be a basic right.

“There’s somehow an expectation that a medical provider at a school, whether it be a nurse or a doctor or a counselor or even a teacher, in the limited time they spend with the child, are somehow in a position to decide what is best for that child,” said Sen. Ralph Hise (R-McDowell), during the Senate Healthcare Committee hearing Thursday.

“What treatment they should receive and the issues they're dealing with and ultimately make a determination about the home of a child being insufficient and therefore their choice for those treatments should stand without informed consent.”

Handling curriculum concerns

North Carolina parents can currently object to any school materials, but the parental bill would require schools setup more detailed procedures on how to respond to each formal curriculum complaint and inquiry.

Public schools units, including districts and charter schools, would be expected to resolve parental concerns within seven days. If the issue isn’t resolved within 30 days, the public-school unit is required to provide a statement explaining why.

If the schools fail to do this, parents can take their objection to the State Board of Education, which will set up a hearing with the school unit covering the costs.

“I think it's just an attempt to provide a little more detail to a process that can vary from one district to another, and with differing levels of inquiry,” said Terry Stoops, director of education studies at the Raleigh-based conservative John Locke Foundation think tank, which provided State Republicans with a legislative outline that inspired the bill.

“I think a lot of parents feel challenges they are bringing to school administrators and school board members have not been met with satisfactory responses.”

Critics are concerned these requirements unfairly ask already time-burdened public school administrators to handle a potentially inordinate number of curriculum from parents peeved over issues like perceived left-leaning bias in history lessons, LGBTQ-inclusive curriculum, Critical Race Theory, and more.

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Why a parents' bill now?

The parental bill of rights in North Carolina isn’t unique. At least 19 other states have introduced limits on LGBTQ classroom instruction through recent bills highlighting parents’ rights to know what is being taught at public schools.

During the virtual lessons held amid the COVID-19 pandemic, parents “got an up-close look at what their children were being taught. It opened their eyes in a lot of ways,” Senate leader Phil Berger said during a press conference introducing the bill.

Since then, school reopenings, student masks, critical race theory, book bans, and LGTBQ-inclusive curriculums have all been at the forefront of school board meetings, and school board races. This year saw a record number of school board candidates in North Carolina, and political scientists say the GOP is accentuating school issues to win higher offices.

“I think the political wedge issues of critical race theory, book bans, and LGBTQ inclusion have been driven by Republican Party politics that emphasizes a couple of dynamics that benefits the party as a whole, especially in terms of critical energy for voter turnout,” said Michael Bitzer, a professor of politics and history at Catawba College.

“One prominent dynamic is the notion of “in-group” versus “out-group”, with the in-group being White, typically straight and older voters who see their hold on political power slipping.”

What are the chances it passes?

And early indication is that the Democratic Governor isn’t a fan. After the bill was unveiled, Cooper released the following statement:

"Schools are grateful for involved parents and we need even more of them working together with teachers to educate our children. However, the last thing our state needs is another Republican political ploy like the bathroom bill which hurt our people and cost us jobs, so let's keep the "Don't Say Gay" culture wars out of North Carolina classrooms.”

Republican’s don’t possess the supermajority needed in the General Assembly to override a Cooper veto. To get the Parents’ Bill of Rights passed over Cooper’s objection, a handful of Democratic House and Senate members would need to cross party lines to support it.

Winning over Democrats is possible, especially if the bill is modified said Terry Stoops adding, "I think this is an opportunity for Cooper to establish common ground with Republicans."

Yet whether or not the bill becomes law, opponents say it’s already brought irrevocable damage to the classroom.

“My colleagues and I talk about legislation like this as harassment legislation,” White said. “It helps create a hostile educational environment for students in K-12 schools.”

Reporting from the Associated Press contributed to this story.

Brian Gordon is a statewide reporter with the USA Today Network in North Carolina. Feel free to email him at bgordon@gannett.com or follow him on Twitter @skyoutbriout

This article originally appeared on Asheville Citizen Times: NC parental right bill called 'Don't Say Gay' bill for LGBTQ limits