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Minutes for SB255 - Committee on Education
Short Title
Requiring school districts to provide separate accommodations for students of each biological sex on overnight school sponsored trips.
Minutes Content for Wed, Mar 22, 2023
Chairwoman Baumgardner opened the hearing.
Tamera Lawrence gave an overview of the bill. (Attachment 3)
Melissa Campbell, private citizen, told of an incident involving the Eudora Schools USD 491. Students went on an annual trip to a destination 1,000 miles away. Three girls were assigned a room with a biological male which meant one of the girls had to sleep with the male. She went to her sponsor and was told she would have to deal with it and to go back to her room and stay there. She was to shower in that room and sleep in that room. She was a minor and reached out to her leadership to help her and they chose not to address her concerns when she was a thousand miles from home and didn't have her family with her. When she got home, the Superintendent chose to not address the issue publicly and would not allow the public to come and speak about it to the Board. The Board did not take a lot of action on it. We need to protect our children in our public school system. (Attachment 4)
Charlotte O'Hara, private citizen, was very concerned about this trend of gender ideology. Ms. O'Hara reached out to the principal of the high school and he indicated that, in his opinion, after he researched Title IX, a school district is required to allow children to decide what gender they are on a given day. This is absolutely dangerous and unacceptable. It is up to the adults in this state to stand up and say they are going to protect children, pass common sense legislation that indicates the biological sex is the gender of a child, and which sleeping accommodations, restroom accommodations, etc. they will use. (Attachment 5)
Maria Holiday, private citizen, said she is an adult survivor of childhood sexual abuse by a police officer who was charged with protecting her. A minor child stood up for herself and was ridiculed and ignored. This can not be allowed to happen again. The fact the school district refused to take a stand is why we're here. On the other side, this biological male may have been uncomfortable staying in a room full of males, but that should have been addressed when the trip was being planned. There are simple policies that can be put in place for parents to approve that will protect all children. (Attachment 6)
Heather Whalen, parent of a daughter who was on this trip and second mom to the student being spoken of, has spent 25 years in education working mainly in the urban core speaking for those who are vulnerable, who are afraid to have a voice, and who may not have the skill set to have a voice. When Mrs. Whelan picked up her daughter from the airport from this trip, she also picked up this other student who was one of the most kind, humble, easygoing children but that was not the girl she picked up. She was broken and sad.
The girl had worked for two years to go on this trip of a lifetime and what she experienced was her worst nightmare. She will live with the devastation and the scars for the rest of her life.
If a statewide bill is not passed, this tragic situation will happen again and again, with possibly even worse outcomes. This bill protects all public school students in Kansas and that is something we all should agree on - the safety of children. (Attachment 7)
Tiffany Ellison, private citizen, stated that while the predominant protection provided in this bill should seem to be an unnecessary, common sense standard practice, society seemingly seeks to blur these self-evident lines of biological gender, and in so doing has created a need for such clarification and protection for our youth. She further stated "While proposed changes to Federal Title IX protections have not been fully realized, and I pray they never are, here in Kansas, we need to set right the legal confusion that has been allowed to manifest within public education regarding accommodations for a minor student in a school's care". We can allow for a student's requested special needs without compromising the physical, emotional, or mental well-being of other students. (Attachment 8)
Proponent Written Only:
Senator Mark B. Steffen, M.D., Kansas Senate District 34 (Attachment 9)
Brittany Jones, Director of Policy and Engagement, Kansas Family Voice (Attachment 10)
Lucrecia Nold, Policy Specialist, Kansas Catholic Conference (Attachment 11)
Susan Cary, private citizen (Attachment 12)
Tabitha Clark, private citizen (Attachment 13)
Debbie Detmer, private citizen (Attachment 14)
Michelle Eagleman, private citizen (Attachment 15)
Sarah Fagan, private citizen (Attachment 16)
Aaron and Jennifer Ferguson, private citizens (Attachment 17)
Jennifer Gilmore, private citizen (Attachment 18)
Laura Herrman, private citizen (Attachment 19)
Benee Hudson, private citizen (Attachment 20)
John Ims, private citizen (Attachment 21)
April Jacobs, private citizen (Attachment 22)
Michelle Jones, private citizen (Attachment 23)
Kathy Martin, private citizen (Attachment 24)
Tracey McCurley, private citizen (Attachment 25)
Jill O'Connor, private citizen (Attachment 26)
Douglas Shane, DVM (Attachment 27)
Kari Sue Vosburgh, private citizen (Attachment 28)
Tori Walker, Mom and Music Teacher (Attachment 29)
Leanna Wylie, private citizen (Attachment 30)
Opponent In Person:
Jim Karleskint, United School Administrators of Kansas (USAK), stated that this bill seems like an easy fix, but believes it is the unintended consequence that makes it not only problematic for schools, but potentially dangerous for students as it attempts to find a long-term solution to a single incident that has been resolved and handled by a local school district. Schools and society have a responsibility to treat all individuals with the same respect and rights as any other student in their care. USAK encourages the members of the committee to set aside any personal biases or beliefs and trust our local districts to manage the changing world they live and breathe. (Attachment 31)
Scott Rothschild, Kansas Association of School Boards, said schools already have addressed the issue of accommodation during overnight travel and are in the best position to navigate changes and challenges as they arise. Schools conferred with parents and students on this issue. Expected federal rules on Title IX and sexual discrimination would likely run counter to what this bill says if it were to become state law. That would put school districts between a rock and a hard place, either breaking federal law or state law and getting sued. (Attachment 32)
Timothy R. Graham, Director of Government Relations and Coalitions, Kansas National Education Association (KNEA), submitted a statement from a former teacher who has direct knowledge of the ins and outs surrounding the planning and implementation of extracurricular activities designed to promote learning outside the classroom. KNEA asserts the statement points out one bright fact. Teachers and educators should be at the table when the legislature drafts and debates laws impacting their profession, their students, and their families.(Attachment 33)
Opponent Written Only:
D.C. Hiegert, American Civil Liberties Union of Kansas (Attachment 34)
Discussion followed.
The Chair closed the hearing.
