By PAULA TRACY, InDepthNH.org
CONCORD – The Senate Education Committee had a full meeting with three hearings, Tuesday on three different matters including a bill that would require high school and college sports teams to be expressly designated as male or female and also would create a cause of action for those harmed by others who intentionally enter the wrong locker room from their birth sex.
It was roundly criticized by 13 of the 14 people who testified.
The committee also heard a bill that got full support to develop a study commission to look at the reasons for school bullying and another that would force mandatory disclosures to parents by teachers, Senate Bill 96. It was heavily opposed.
None of the bills were voted out of committee Tuesday.
Senate Bill 211, related to college and school sports also allows for there to be co-ed teams, noted the bill’s sponsor Sen. Kevin Avard, R-Nashua, who said he is concerned at “how we have evolved over the past few years where biological males are entering sports for biological females.”
Opponents said it is not a huge problem in New Hampshire right now and one being litigated with the prospects of it potentially going to the U.S. Supreme Court.
There are four transgender athletes right now in New Hampshire, some of whom have testified previously on similar bills who said that all they want to do is to play.
Transgender individuals in the popular vote are fewer than 1 percent and many supporters said two of the bills being heard by the committee seem to pick on them.
“I will debate you on the safety issue. It is a concern,” Avard told the Senate Education Committee.
Michael Haley, staff attorney with Glad Law, which is in federal court on behalf of two trans athletes, Parker Tirrell and Iris Turmelle, https://www.glad.org/cases/tirrell-and-turmelle-v-edelblut/
said this bill is exactly like a law passed last year.
He said the federal court has ruled it violates Title 9 and equal rights of the constitution under the 14th Amendment.
When pressed by a fellow attorney and a member of the committee, state Sen. Daryl Abbas, R-Salem, on what the federal court found so far and the status of the case, Haley explained to the committee that when the law makes a differentiation on a protected class such as LGBTQ+ people, the government has a strong interest in that and any law needs to be narrowly defined, which is not the case with this recently passed law.
“It needs to be more narrowly tailored,” Haley said.
He said the case is pending in the New Hampshire Federal District Court, and if appealed, it would go to First Circuit and then possibly to the high court.
He said the bill is a waste of time because of the case and said because this is a blanket ban, not nuanced, it violates the equal protection clause.
Amelia Thompson of Newmarket said choosing to exclude trans women seems arbitrary. She said it seems discriminatory, noting that people playing competitive tennis against her might have an advantage because their parents can afford a private coach.
Dr. Jennifer Smith, a transgender female, said “These transgender girls, for God sakes, don’t make them feel so bad about themselves.”
Sen. Debra Altschiller, D-Stratham, asked about puberty blockers and whether that could be addressed.
Sarah Smith of Pembroke said the bill is overly broad, vague and discriminatory.
Avard said you can improve safety by passing the bill. He said there are “bullies” who oppose this measure.
State Sen. Victoria Sullivan said she supports the bill as written and said she is frustrated “we have to be here again.”
She said girls are having things stolen from them.
Ann Marie Banfield supported the bill. She said there is a smaller change to the bill than what is being challenged in the court because it does include female locker rooms.
A big problem is the locker room and discomfort.
She said that is where girls are being marginalized and pushed down and told their voice is not important.
Since Title 9 “we seem to be going backwards,” she said.
Pacha Roberts of Wilmot and a member of the board of 603 Forward, said in the Kearsarge Regional School District there is overwhelming support for the transgender athlete.
“What are they, in your view?” Roberts asked. “You are resting the key definition on sand…my body proves that this bill has problems.”
ON BULLYING
The state should create a study committee on school bullying, said those who testified on state Sen. Donovan Fenton, D-Keene’s Senate Bill 210.
He said it sprang from a recent event in Keene related to bullying.
Banfield, who is a parental rights advocate and education researcher, said she signed in as neutral on the bill but said she now is more of a supporter of the bill.
“I think you also need to hear from the families, many of whom have pulled their kids out of the public school and they should be on this study committee,” she said.
MacKenzie West came to support the bill and said that we know queer and marginalized populations face more bullying than the average person.
West said this would explore more understanding on the subject and find better solutions.
Linds Jakows, co-founder of 603 Forward spoke in support of the bill as well and said harsh punishments for bullies are not a solution. The study committee could use restorative justice practices which are more productive in resolving issues. This can include mediation, education and mutual accountability even after a suspendable offense.
MANDATORY DISCLOSURE
Twelve Republican senators have signed on to Senate Bill 96 which requires all school employees to respond “honestly and completely” to written requests by parents regarding information relating to their children and if they fail they could lose their teacher certification.
Senator Tim Lang, R-Sanbornton is the prime sponsor of the bill which if passed would be known as the Honesty and Transparency in Education Act.
Lang said a similar bill passed through the Senate last year but went over to the House and was modified.
He said the first trust relationship is between the teacher and the parent and the bill is designed so that “we should do nothing to undermine that primary trust relationship.”
He said there are examples where schools have not been responsive to parents.
It would amend existing law under RSA 189 by inserting that credentialed educators “shall have a duty to respond to written inquiries by parents regarding material information relating to their child enrolled in that educator’s school. Such response to a written request shall be sent within 10 business days of its receipt and be answered completely and honestly to the extent permitted by state or federal law.”
It adds a clause that if such disclosure would “put the student at imminent risk of physical harm, abuse, or neglect, such credential holder shall file a report with the department of health and human services within 48 hours of such determination in accordance with RSA 169-C:30, and may withhold only the information that creates the risk.”
It also calls for rules to be adopted by the state Board of Education by June 30, 2026 amending the code of ethics and the code of conduct for New Hampshire educators.
“Violation of this section shall be considered a violation of the code of conduct for New Hampshire educators and subject to investigation, in accordance with administrative rules, against that credential holder,” it reads and would take effect Jan. 1, 2026.
Pascha Roberts, of Wilmot, a member of the board of 603 Equality, said there are three categories of parents. Many are curious, supportive and are engaged. There is a vast middle ground and there is another group which is abusive and about punishment and control.
And those children may be endangered.
Roberts was sex abused by both parents and understood that release of any information from school to home would be dangerous.
I am not alone on this. Kids need that safe bubble,” at school, Roberts said.
Heidi Carrington Health, executive director of NH Outright said students deserve to feel safe at school and to be able to have safe conversations at school in preparation of discussions at home.
The bill puts the health of the LGBTQ+ children at risk.
Holly Stevens director of public policy at NAMI NH. the org. took no position on the bill but noted an estimated 15,000 youth have depression and some youth are in mental crisis waiting for help from the state in emergency rooms because there are no beds available.
She said she had concerns about the “completely and honestly” language of the bill.
Concerned this might have a chilling effect on a student-teacher relationship.
And it might lead to teachers having to take notes of every conversation for fear of omitting something.
“There is nothing in here that allows for simple human mistakes…and the teacher would be on the hook for mis-remembering or not remembering things, and they can lose their license.”
Michael Haley, an attorney at Glad Law or GLBTQ opposed the bill and said it was fundamentally flawed. But Ann Marie Banfield said she came to support the bill. She said it comes from an old policy which resulted in a lawsuit in Manchester where a student asked to change their name at school. The parent moved the child out of the school district.
She said on the issue of school choice this is going to happen unless there is more transparency.
Parental consent is required on any mental health services or assessement under federal law, she said.
Sarah Tirrell said she came to testify in opposition because she said it presumes that teachers and parents are at odds. They are not, she said. Tirrell said she feels that it could force children to reveal their identities before they are ready and some families are not supportive.
Brian Hawkins, of NEA-NH, a state teachers’ union, said he came to oppose the same bill that failed last year.
He said it sends a bad message that there is some widespread fracture of a relationship between educators and parents.
Hawkins asked who is the arbiter of the language about “honestly and completely?” It is subjective, he said.
David Trumbull said children should have a say about the decisions in their own life and this would remove their voice.
It creates a legal paradigm that parents have complete control over kids who are 15, 16, or 17.
It also is contrary to current laws and rights of children including ones related to divorce and their IEPs.
If a teacher is forced to report a parent to the state, “You’ve ruined that relationship with the child (and parent) forever.”
Debra Howes, president of the American Federation of Teachers NH chapter, opposed the bill.
This bill does not foster a good working partnership in the interests of children.
“It could require a surveillance state in our schools,” she said and lead to negative outcomes.
Sen. Sullivan said she is not interpreting the bill in the same way.
Wouldn’t you agree that the “completely and hostly” part of the bill covers?
Howes said the parameters need to be clearly stated.
“It is too open ended, too vague,” she said.