PAULA TRACY, InDepthNH.org

CONCORD – A bill that would collectively establish in one place in law a parents’ bill of rights in education, co-sponsored by every Republican in the New Hampshire state Senate, went to a hearing Monday morning.

Senate Bill 72  https://gc.nh.gov/bill_Status/billinfo.aspx?id=1102, sponsored by state Sen. Tim Lang, R-Sanbornton, would find that absent “compelling government interest” schools should not withhold information about their child, including their behavior at school.

The definition would be based on “clear and convincing evidence” that the child would be harmed and it outlines the parents’ rights in law.

It was heard by the Senate Children and Family Law Committee Monday morning in Representatives Hall.

The three-member Senate Children and Family Law Committee did not vote on the bill.

David Trumble of Weare, a former Democratic candidate for state Senate opposed the bill saying that children should be able to have a safe haven in schools to talk to an adult about an LGBTQ status, whose parents may not take kindly to the news. 

“This bill goes too far,” he said. He proposed that instead of “clear and convincing” evidence that the teacher should have the judgment to use “the best interest of the school based on preponderance of evidence.”

He said it could be that a teacher can no longer be a trusted adult.

State Sen. Daryl Abbas, R-Salem, chair of the committee, said he did not see that, that there are exceptions.

Can you give me an example, Trumble asked.

Abbas said yes, it would have to be if they fear for the child’s safety. They would have to put forth some facts but that would be an exception, he added.

Some said the 2024 Manchester court case, Doe vs. Manchester Schools https://www.glad.org/cases/doe-v-manchester-school-district/ seems to be at the basis of the bill and some said it is really a local issue not a state need to have a bill of rights.

“I think that children should have the right to speak to their teacher,” Trumble said without fear of being outed. 

Schools can and should be a safe haven, which would help reduce the chance of suicide and children being kicked out of the house.

Introducing it at its public hearing, Lang said the bill reaffirms in one place that parents have the fundamental right to bring up their child and schools should not knowingly infringe.

“Does it expand parental rights?” asked state Sen. Victoria Sullivan, R-Manchester asked.

Lang said there is a clarification of law. 

And she asked about a lawsuit with the Manchester School District, would this help the parents’ case?

Yes, Lang said, it would make clear that schools have to be honest. 

The district he underlined, not the teacher. There are no criminal court penalties in the bill, Lang stressed, and it is directed in a civil way toward the district.

He said the bill collects parental rights making it easier and that currently “somehow a parent is supposed to know,” where to find these rights in law. This would allow parents to be given in a pamphlet or search results in one place on the internet for parental rights, to all be in one place. 

“Everything else has been established in law for the most part,” Lang said. “That’s it. That’s the whole bill.”

Ann Marie Banfield, a parental rights advocate, said she came in support of the bill but had some concerns about language as it does not cover every mental health situation.

She said the people who fight against these, the ACLU, are absent when asked to close loopholes.

“The fight against the parents in this state,” she said, certainly as it pertains to Manchester, “is becoming hostile against parents. This is necessary. We need to do something.”

Deb Howes, president of the American Federation of Teachers of New Hampshire, said the organization is not taking a position on the bill and that it is for the most part a codification of existing law. She said though there are areas for some clarification and some language that does not belong in law.

Susan Stevens of Sanbornton said she fundamentally is opposed to the bill and was “horrified” at first reading. She said it needs a lot more work. 

There are a lot of kids in crisis, she said, who could “go home and say ‘Dad, I am gay’ and get beat up.”

“I think more discussion maybe?” she said. “Teachers’ jobs are not to tattle.” 

She said legislating what teachers say creates a hostile environment.

Sen. Sullivan, a member of the committee along with Abbas and state Sen. Patrick Long, D-Manchester, said she wanted to clarify that Manchester public school district has a policy that indicates that teachers don’t have to share information with parents, which was challenged and upheld in law.

“If you don’t like your school board, fire your school board,” Stevens said, stressing that it seemed to be a local problem.

Senate Bill 72 remains in the committee without a recommendation as yet to the full Senate.