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Minutes for HB2236 - Committee on Education
Short Title
Establishing parents' right to direct the education, upbringing and moral or religious training of their children including the right to object to harmful and inappropriate educational materials.
Minutes Content for Thu, Mar 9, 2023
Chairwoman Baumgardner opened the hearing.
Tamera Lawrence, Revisor, gave an overview of the bill. (Attachment 2)
Proponents appearing:
Brittany Jones, Director of Policy and Engagement, Kansas Family Voice, believes children are given to parents and families, not the state. The government, schools, and even the church do not own children, though they may have a role to play in their development. Families are designed to nurture, love, educate, and prepare children to engage the world around them. The Supreme Court has repeatedly affirmed the right of parents to direct the upbringing of their children and many cases have centered around parent's rights as it relates to public education. Federal statutes protect parent's rights to review records and access curriculum.
This bill should not be viewed as an attack on teachers, as they give of themselves and resources selflessly to their students. This bill is about re-establishing what most people agree is not controversial - parents have the ultimate responsibility and privilege of raising their children. (Attachment 3)
Amy Cawvey, Vice President, Lansing USD 469 School Board, decided after last year's parents bill of rights was vetoed, to introduce the Lansing Parents' Bill of Rights. (Attachment 4) This policy closely mirrors the vetoed bill and includes the right of every parent to direct the education, upbringing, moral and religious training of each child. Included in this bill is the right to object to curriculum or other materials. This is critical and much needed to ensure parents do not receive pushback from administration, the student does not suffer loss of learning, any adverse effects to their record, and alternative assignments are available for the student. (Attachment 5)
Proponent Written Only was submitted by:
Mike O'Neal, Kansas Policy Institute (Attachment 6)
Lucrecia Nold, Public Policy Specialist, Kansas Catholic Conference (Attachment 7)
Opponents:
Scott Rothschild, Communications Editor, Kansas Association of School Boards, is concerned about the language that says if a parent withdraws their child from a class or program, the student's academic records cannot be adversely affected by that withdrawal. This language could allow students to withdraw from a core class with no requirement to learn any coursework through an alternative assignment. Additional language was offered as a possible amendment to this bill. Also included in testimony are recommendations for selecting curriculum and materials. (Attachment 8)
Mary F. Sinclair, PhD, Kansas PTA Advocacy Team, said Kansas Parent Teacher Association (PTA), is an advocate of parent's right to direct the education, upbringing and moral or religious training of their children. However, Kansas PTA finds the application of this statement in relation to public education to be highly problematic and in conflict with PTA's Standing Positions and Legislative Priorities. Serious caution is warranted, given this bill's potential to devalue the accredited Kansas high school diploma. Language in this bill is unclear as to whether post-secondary institutions and employers would even know which students completed the graduation requirements and those that opted out of class. (Attachment 9)
Jim Karleskint, United School Administrators of Kansas, said school administrators have shared that under this bill, a parent could opt a student out of a core class or assignment under the claim of "harm". The student would then be allowed to participate because "no student's academic record shall be adversely affected." It is USA Kansas's fear that this clause will be taken advantage of by some students and parents. (Attachment 10)
Lauren Tice Miller, Director of Government Relations and Elections, Kansas National Education Association (KNEA) is not opposed to parental involvement and one of KNEA's core values is partnership with parents, families, communities, and other stakeholders who are essential to quality public education and student success. Most teachers maintain multiple, interactive channels to communicate with parents on what students are doing in their classroom, to upload samples of student work for review, track student progress, to send reminders, and to allow parents to provide feedback. KNEA argues that this bill does not afford parents with anything more than a statutory duplication of what is already being done.
Under this bill, parents would be able to opt their child out without any alternative assignment and still expect their student to pass the course. KNEA questions how allowing this is not a direct violation of local adopted board policies that outline make work requirements even for unexcused absences, or the course standards and graduation requirements as established by the Kansas State Board of Education. (Attachment 11)
Ephren Taylor opposes this bill because of its vagueness. It allows parents to withdraw their child from a class if it impairs the parent's sincerely held beliefs, values, or principles and to withdraw their student from the class or educational program in which the material or activity is being provided. (Attachment 12)
Discussion followed.
Opponent Written Only was submitted by:
Judith Deedy, Executive Director, Game On for Kansas Schools (Attachment 13)
Ann Mah and Dr. Deena Horst, Legislative Liaisons, Kansas State Board of Education (Attachment 14)
Ron Hobert, President, American Federation of Teachers - Kansas (Attachment 15)
David A. Smith, Chief of Communications, Shawnee Mission School District USD 512 (Attachment 16)
Carol Fields (Attachment 17)
Jacqueline Kennedy, Parent (Attachment 18)
The Chair closed the hearing.
Senator Gossage moved, Senator Dietrich seconded, a motion to approve the Minutes for Committee Meetings held January 10, 2023 through February 21, 2023. The motion passed.
The meeting was adjourned at 2:30 PM.
The next meeting will be held March 13, 2023, 2:30 PM in Room 144-S.
