HB 10

HB 10 has become known as the “parental bill of rights.”

Supporters

The bill left the Children and Family Law Committee without a recommendation. In a statement recommending the bill Ought to Pass with Amendment (OTPA), Mark Pearson (R-Hampstead) said that requiring teachers to share information with parents that are told to them by children will strengthen families and concerns that parents may harm children if they discover things told to teachers in confidence are unfounded.

Paul Terry (R-Alton) said that this bill and its floor amendment attempts to correct an imbalance in society that has attempted to stop parental inquiry in schools, stating it is reasonable and prudent. He also said it is not meant to be a weapon to divide, but a tool to unite.

Bob Lynn (R-Windham) said he did not rise to speak on the amendment, but he said this would not change law on abuse or neglect. He also said that normal emotions did not rise to the level of abuse or neglect. He also said that opposition was based on those who believe that the government knows better than parents.

Stephen Smith (R-Charlestown) said that families are not perfect, but they are the people who are there to back you up even if they don’t like you. He said that it is harder to hide things from parents than it is to discuss things with them.

Sherman Packard (R-Londonderry), who recused himself from duties as speaker, said that New Hampshire residents support transparency in schools and should not have secrets kept from them in return for the taxes they pay to support schools.

Packard released the following statement later.

“I am disappointed that some of my colleagues voted to deny parents’ inherent rights to direct the upbringing, education, and care of their own children.

Our message to parents is simple. Republicans have your back. And you can rest assured we will continue to make legislative efforts to protect your right to be involved in raising your children.”

House Majority Leader Jason Osborne (R-Auburn) also released a statement.

“This bill sought to answer one fundamental question: who are your children’s parents? You, or the state? Democrats want school to be a black box for you to deposit your children. What goes on in school? Who knows, but it seems House Democrats evidently want to ensure that you stay in the dark and the government remains in charge of your children.”

“It is unfortunate that the members of the House were swayed by scare tactics and false information. Educators and parents should be partners in a child’s education, and it is not the job of school administrators sitting behind a desk to decide what gets shared with parents and what is deliberately kept from them. Sadly, today every Democrat in the House chose to support systems and secrets over parents.”

who are your children’s parents? You, or the state? Democrats want school to be a black box for you to deposit your children. What goes on in school? Who knows, but it seems House Democrats evidently want to ensure that you stay in the dark and the government remains in charge of your children.”

“It is unfortunate that the members of the House were swayed by scare tactics and false information. Educators and parents should be partners in a child’s education, and it is not the job of school administrators sitting behind a desk to decide what gets shared with parents and what is deliberately kept from them. Sadly, today every Democrat in the House chose to support systems and secrets over parents.”

Opponents

In a statement from the Children and Family Law Committee recommending that the bill be found inexpedient to Legislate, Peter Petrigno (D-Milford) said that parents already have rights within current state and federal law and this bill may encourage parents to file frivolous lawsuits that school districts will have to defend at the taxpayer’s expense. He added that this bill may erode the confidence of children in school staff.

Heather Raymond said this bill and an amendment to the bill would put educators in criminal jeopardy if they did not track gender discussions made by their students that they may not want to participate in. She also added that this bill and its amendment gives an unfunded mandate for schools to make a database of student clubs.

James Roesener (D-Concord) said that this bill would remove the privacy of LGBTQ+ students and cause serious psychological harm.

Alicia Gregg (D-Nashua) said 617,000 students are abused and 70 percent are abused by parents. She added that not all students are abusive, but educators are trained to help support children. She also shared a personal story of domestic abuse that connected to the bill, praising the role of educators in that process. She added that her story is not an anomaly and that if this bill were in place, her children may have been placed in danger.

Petrigno added on the floor that he supports parental rights, but most educators are also parents and they would not support any measures that would deny their rights. He also feared a barrage of frivolous lawsuits. He added that the sponsors already noted that parental rights already exist, making this bill pointless.

He added that this bill could jeopardize the trusted adult program, which is meant to stop bullying.

Pat Long (D-Manchester) said that this bill would hurt youth.

Later, New Hampshire Democratic Party Chairman Ray Buckley released the following statement.

“I want to thank the activists, advocates, and the Democratic lawmakers responsible for seeing this hateful legislation tabled. Trans students need privacy, respect, and support from their friends, community, teachers, and family. They don’t need the forces of the state intruding in their lives. Now, we turn our focus toward defeating the Senate version of this bill, SB 272 and stopping this assault on LGBTQ+ students by New Hampshire Republican lawmakers.”

There were also several other statements released in opposition to the bill.

Linds Jakows, Co-Founder of 603 Equality, said, “When I testified against this bill, I did it for my younger self and thousands of young people in New Hampshire who need trusted adults to support who they are. Every LGBTQ person needs to come out on the timeline that feels safest to them. I’m so glad today a majority of legislators recognized the need to listen to, learn from, and believe, LGBTQ+ students. We look forward to them doing the same when they vote on the Senate version of this bill, SB 272.”

Chris Erchull, Attorney at GLBTQ Legal Advocates & Defenders, said, “A majority of New Hampshire representatives understand that HB10 is an unnecessary and dangerous bill that singles out transgender and gender nonconforming students for targeted surveillance. Parents already have opportunities to partner with schools on the education of their children, as they should. Rejecting this proposal that would take away important sources of safety and support from kids is the right move for New Hampshire.”

Courtney Reed, Policy Advocate at the ACLU of New Hampshire, said, “Hostile legislation that unfairly targets and discriminates against LGBTQ+ youth has no place in the Granite State. LGBTQ+ people, and in particular the trans youth who would be disproportionately targeted by this bill, should not have to fear being themselves at school. Regardless of their gender, youth specifically should have the freedom to be open (or not) about their identity everywhere they go. We thank the state representatives that voted to oppose this harmful bill.”

Sarah Robinson, Education Justice Campaign Director for Granite State Progress, said, “Our schools should be places of belonging, where all children have the freedom to learn in a safe and affirming environment. As a mother myself, I want my children to be valued in every space they are in. Coming out to a parent is a big moment in a child’s life. Regardless of how parents feel about their children’s identity, teachers and school officials should not be put in the position to interfere with that parent-child relationship. We also know that for some students, coming out puts them in serious danger at home. We have a responsibility for the safety of our students.”

Deb Howes, President, AFT-NH, said “The tabling of HB 10 shows that the Granite State doesn’t support extremist politicians’ efforts to wage culture wars in our public school classrooms. Students and families deserve a state government and Legislature that is laser focused on ensuring that our public schools have the resources and staff they need to provide a robust variety of academic programs and the appropriate social and emotional support all students need to thrive. The proposed parental bill of rights legislation was a shameful effort straight out of a culture war handbook, rather than a sincere effort to enable teachers and parents to work together in the best interest of students. Today was a victory for keeping our public schools safe and welcoming for all our students!”

Megan Tuttle, President, NEA-New Hampshire, said, “Parents and voters agree that our public schools should be safe, inclusive and welcoming places. By targeted LGBTQ+ students, HB 10 would have compromised that environment and driven a wedge between parents and school personnel. Parents and educators have been working well together for a long time in New Hampshire. We should be passing legislation that supports this relationship, not fractures it with the threat of criminal penalties and license revocation. We have a widely reported shortage of educators in our classrooms. Passing a law like HB 10 with the penalties and vague, confusing and contradictory language it contained only serves to dissuade people from entering or remaining in this profession.”

Rev. Heidi Carrington Heath, Executive Director, NH Council of Churches, said, “The defeat of HB 10 today is a faithful move to support all of NH’s students (particularly LGBTQ+ students who are especially at risk). We believe every child is made in the image of God and deserve access to spaces and places where they can thrive. Ensuring students can engage sacred conversations about identity on a timeline of their own choosing allows that to happen. The parent-child relationship is built on trust, and not unnecessary interference.”

Erin George-Kelly, Director, Youth Services at Waypoint, said, “People may assume that establishing a parents’ bill of rights means connecting loving, caring, and supportive parents with what is occurring within their child’s educational setting. However, the reality is that, had HB 10, establishing the parental bill of rights, passed today, some LGBTQ+ children would be put in danger of neglect and abuse at home, or of homelessness when their parents do not approve of their sexual orientation or gender identity. New Hampshire’s children deserve better.”

Votes

The amendment (1146h) failed 190-194. The ought to pass vote was not adopted, 189-185

A motion was made to table the bill by J.R. Hoell (R-Dunbarton) who said that the hardest thing in life is that children matter and that the amendment was not seen by the House until today. Lucy Weber (D-Walpole) say that school staff always work to help children and passage of this law would put children in danger.

The table motion passed 193-192. Packard did vote in the affirmative.