What supporters and critics say about NC ‘Parents’ Bill of Rights’: Answers to questions

Controversial legislation in the North Carolina General Assembly has been billed by some as protecting the rights of parents but is called an attack on the LGBTQ community by others.

The legislation is one of 35 bills introduced across 14 states that seeks to limit instruction about LGBTQ topics or to alert parents of changes in how their child identifies, according to the Associated Press.

But what’s in North Carolina’s “Parents’ Bill of Rights” that could be passed this year by Republican lawmakers? Here are some questions and answers about Senate Bill 49.

‘Age appropriate instruction’

The legislation says “instruction on gender identity, sexual activity, or sexuality shall not be included in the curriculum provided in grades kindergarten through fourth grade.”

North Carolina Sen. Amy Galey speaks about the Parents’ Bill of Rights legislation during a meeting of the Senate Education Committee on Wednesday, Feb. 1, 2023, in Raleigh, N.C.
North Carolina Sen. Amy Galey speaks about the Parents’ Bill of Rights legislation during a meeting of the Senate Education Committee on Wednesday, Feb. 1, 2023, in Raleigh, N.C.

As an example, Republican Sen. Amy Galey said some elementary school teachers are reading to their students books about gender identity. Galey, one of the bill’s primary sponsors, said parents and not teachers “are charged with bringing up their child in the way that they see fit.”

The legislation doesn’t prevent teachers from responding to questions from students about gender identity, sexual activity or sexuality. But it’s unclear how much a teacher would feel comfortable in saying if it becomes law. Galey said that the teacher could tell students with questions to talk to their parents.

Critics say the legislation is North Carolina’s version of Florida’s “Don’t Say Gay” bill and would result in discrimination against LGBTQ families.

Parental notification on pronouns

The bill would require schools to notify parents before making any changes to the name or pronoun used for a student in school records. This would apply to students at all grade levels.

The legislation includes an exception when “a reasonably prudent person would believe that disclosure would result in the child becoming an abused juvenile or neglected juvenile.”

Supporters say parents have the right to know whether their children are having questions about their gender identity or sexuality. But opponents say the notification provision could put LGBTQ students at risk by outing them to unsupportive parents.

Parental consent for surveys

The bill requires parental consent for school surveys that ask students questions on topics such as political beliefs, mental or psychological health and sexual behavior.

Supporters say that schools have been asking students overly invasive questions without getting parental permission. Critics say the change will result in schools not getting important information on issues such as mental health issues affecting students.

Parental review of materials

The legislation establishes procedures for parents to inspect and review “all textbooks and supplementary instructional materials that will be used in their child’s classroom.” Schools would have to make the materials available for parents to review at the school and on the school’s website.

The legislation creates a process where if disputes aren’t resolved in 30 days that parents can file a lawsuit against or request the State Board of Education to appoint a hearing officer. The school district would pay the cost of the hearing officer.

What’s next?

The North Carolina Senate could approve the legislation as soon as Tuesday. The legislation would then go to the state House for approval.

Democratic Gov. Roy Cooper is expected to veto the bill if it’s approved by lawmakers.

There are enough Republican lawmakers to override Cooper in the Senate but one Democrat would need to side with the Republicans in the House to overcome a veto.

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