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Minutes for SB76 - Committee on Education
Short Title
Requiring employees of school districts and postsecondary educational institutions to use the name and pronouns consistent with a student's biological sex and birth certificate and authorizing a cause of action for violations therefor.
Minutes Content for Mon, Feb 10, 2025
Chairman Erickson opened the hearing on SB76.
Assistant Revisor Tamera Lawrence, Office of the Revisor of Statutes, gave a brief overview of the bill. (Attachment 1)
Proponent testimony:
Brittany Jones, Director of Policy and Engagement for Kansas Family Voice (KFV), believes children are given to parents and families and are known best by them. Families are designed to nurture, love, educate, and prepare children to engage the world around them. Only in the most extreme circumstances should a child be alienated from their family. Unfortunately, there are too many scenarios in which schools have attempted to place themselves between a child and the scenarios in which schools have attempted to place themselves between a child and the parents. Further, teachers retain the right not to be compelled to speak in violation of their beliefs. For these two reasons, KFV supports this bill. (Attachment 2)
Jonathan Butcher, Will Skillman Senior Fellow in Education Policy, Center for Education Policy, the Heritage Foundation on behalf of Heritage Action for America, said Educators have a responsibility to inform parents about their child's health while at school. Parents are a child's primary caregivers, a role confirmed by the U.S. Supreme Court. K-12 children are largely minor-age children and the Supreme Court has said most children "simply are not able to make sound judgements concerning many decisions, including their need for medical care or treatment. Some medical professionals and even policymakers promote an "affirming" model of care that accepted as young child's self-diagnosis without questioning whether pursing hormonal and other physical changes were in that child's best interests. When a child attends school and says he or she was born in the wrong body, this is a health related issue, even a sign of emotional or mental distress. For these reasons, it is essential for school personnel to include parents in discussions about a child's health. Research has found that so-called gender affirmations do not improve the mental health of patients confused about their sex. Research has even found that suicide rates are higher among young people in states with lenient laws allowing young people easier access to puberty blockers and cross-sex hormones. (Attachment 3)
Matt Sharp, Senior Counsel, Alliance Defending Freedom, said protecting Freedom of Speech for Kansas Educators and Students and other public employees cannot be forced to deny their core beliefs or to say things that are untrue just to keep their job. Nor should students be forced to leave their beliefs at the school door and affirm gender ideology against their conscience. Freedom of speech and religion includes the freedom not to endorse messages contrary to our core beliefs. Teachers shouldn't be forced to mislead parents and say things that are untrue and harmful to students. Parents know and love their children best, and deserve transparency if their child is struggling with their gender. Schools don't have the right to hide this information from parents, and attempt to "socially transition" their child without their consent. Words-including pronouns-have meaning and carry a message with them. For many Americans, that message is that a person has an immutable biological sex that is written into every cell of their body, and pronouns reflect that truth. We would never command that a teacher respond to a student saying "Christ is Risen," with the traditional response "He is Risen indeed." Nor would we order a student to greet a Muslim teacher with "Allahu Akbar." Because doing so would force that person to affirm a belief or ideology with which she does not agree. The same is true of gender ideology and preferred pronouns. (Attachment 4)
Proponent Written testimony:
Chuck Weber, Executive Director, Kansas Catholic Conference (Attachment 5)
Justin Pierce, School Counselor (Attachment 6)
Opponent testimony:
Shannon Berquist, Private Citizen, stated she wanted to address the hysteria that has gripped our nation when people talk about transgender children. This fear is the reason we are all here today. People in this room are so afraid of transgender children, that they have spent large amounts of time and energy to draft legislation like this bill that will impact such a small minority in incredibly hurtful ways. All of this legislation is fear based and not rooted in reality how do we combat fear. Myself and my husband are doing what all parents do. We are loving our children. We are caring for our children. But most importantly, and perhaps this is radical, we are listening to our children, because children have important things to say. I am asking Kansas lawmakers to take a step back and come to the table with open hearts and minds ready to learn from families like mine. Like any good parents, our parenting end goal is to raise happy, healthy, functioning adults. And to do that, we need the freedom to make the choices that are best for our family and the legal ability to do so. (Attachment 7)
Jennifer Welch Buller, Private Citizen, said she is very concerned that this bill infringes on my children's rights and their teachers' rights to privacy, self-determination, and free speech and expression. As the mother of a trans daughter, I am also confident this bill would harm my child, creating an unsafe and unwelcoming environment and adding undue burden and McCarthy-era fear of litigation for teachers and school staff. Even this bill's exception for parental consent is too much a burden on families and puts children whose families are not ready to accept them as at-risk. Children need to feel welcome and safe somewhere, and if not at home then school should be a safe haven. (Attachment 8)
Lucinda Evans, Retired Educator, reported that after 35 years of teaching she had a handful of students who have informed her that they preferred to use another pronoun. She has taught over 5,000 students and have had two whose parents did not want the pronoun change. One of those children ended up in foster care as the parent became abusive over the issue. The solution was to call students by their name 99% of the time. It is impossible to keep track of pronouns when you have 160 students walk through your door each day but she did know that greeting them by name at the door makes a huge difference. While Kansas has three large districts, there are hundreds of small town districts. In small towns everyone known everyone. They go to church with their child's teacher on Sunday; they participate in sports and other community activities alongside all of their classmates and every knows everyone's business. This bill will be largely ignored by those districts. Not because they don't respect the law but because they don't need useless legislation like this to know their students. (Attachment 9)
Elise Flatland, Policy Analyst, Equality Kansas and behalf of the Flatland Family, said as a parent, the primary responsibility is to protect my children, support them, and help them feel valued and understood. Unfortunately, this bill directly contradicts those values and threatens my children's dignity and mental well-being. This bill sends a message to my children and all transgender children that their identity is invalid, that their truth is something to be dismissed, ignored, or even punished. This bill would enable other students to harass and bully transgender students, and it would prevent teachers from stepping in to protect them. Bills like this send a clear message to adults and children alike that transgender people should not exist. We're seeing legislative priority placed on bills that harm a small minority, instead of passing bills that would benefit the majority of Kansans. (Attachment 10)
Timothy R. Graham, Director of Government Relations and Legislative Affairs, Kansas National Education Association (KNEA), stated this bill represents a significant departure from the values held by KNEA, particularly in its treatment of transgender students. Research shows that when transgender youth feel supported by their families and medical providers, they experience better health outcomes. Specifically, when they feel affirmed, they report fewer suicidal thoughts and attempts, increased self-esteem, and a greater sense of safety in their community, which positively impacts their ability to learn in the classroom. The bill violates the constitutional and civil rights of Kansas school employees and students by infringing on protections against sex discrimination and harassment. It also clearly violates educators' free speech rights. This bill puts schools at risk of constitutional litigation from employees and exposes both employees and school districts to potential discrimination claims. The language raises several critical questions and the provision is overly broad, open to misinterpretation, and could have serious financial implications for all school personnel. Educators may also face disciplinary action for even an unintentional mistake regarding a student's pronouns or name, as the bill will be perceived as yet another attack on teachers. It is unnecessary, and we urge you not to proceed in this direction. (Attachment 11)
Chris Jones, Parent, explained extensive research across multiple disciplines shows LGBTQ youth experience better outcomes, in their learning as well as in their mental health, when their educators affirm their own sense of who they are by calling them by the names and pronouns that they choose. Every 45 seconds in the U.S., a trans person tries to take their own life. Bills like this undeniably add to the stress and pain that trans people feel when their own society rejects them. Trans and non-binary students thrive when their teachers accept them for who they really are and celebrate their distinct identities, and they suffer tremendously when their teachers refuse to show them that acceptance. Accept people for who they are, we call them whatever they want to be called, whether or not we understand it. (Attachment 12)
Taryn Jones, Policy Director, Equality Kansas, stated this bill puts teachers and other school staff in a very difficult position. Making teachers deadname their own students is harmful not only to the student's mental health, but also the relationship between the student and the teacher. School is already difficult enough with school shootings and bullying, and children coming to school with the problems going on at home. Do we really want to make teachers jobs harder. Teachers are already leaving the field due to pay and stress of the job. Let's not make their lives harder, and make it more difficult for us to find quality teachers. (Attachment 13)
Symore Keener, transgender teen, said if this bill passes, there will be a jump in drop-out rates, suicide rates, and depression rates amongst the youth. If you care about the youth and the education of those setting examples for them, you will not allow this bill to pass. Children and adults alike deserve safe spaces, whether they are trans or not. Schools have never been a safe space for transgender people. Every trans person in Kansas can be assured that being bullied by adults doesn't make any difference concerning gender. It only makes a difference in how safely we perceive the world. Transgender people are people. Our identities and genders are not political, just as yours aren't. We simply wish to keep our heads down and lead peaceful lives surrounded by the people who love and support us. Please do not take that away. (Attachment 14)
Erin Keith-Chancy, Private Citizen, said this bill raises serious concerns regarding student privacy, discrimination, and the ability of educational institutions to provide a safe and supportive learning environment. Enforcing this legislation would necessitate the collection and monitoring of deeply personal student information, which constitutes an invasion of privacy and runs counter to constitutional protections. The enforcement mechanism alone raises significant legal and ethical concerns, as it would require institutions to scrutinize and potentially disclose sensitive student records, violating their right to confidentiality and autonomy over their own identity. Also, the bill's requirement would create an exclusionary and hostile learning environment for transgender students. Research consistently shows that students perform better academically and socially when they feel supported and respected. Being misnamed or misgendered has well-documented negative effects on mental health, contributing to increased risks of anxiety, depression, and suicidal ideation among transgender youth. (Attachment 15)
Jake Makela, Private Citizen, reported according to KU's Faculty Code of Rights, Responsibilities, and Conduct of the University's Handbook for Faculty and Other Unclassified Staff, teachers are expected to "treat students with professional courtesy and to respect their rights." This includes, citing The Code of Student Rights and Responsibilities, "freedom from harassment or discrimination." The language of this proposed statute is unconstitutionally vague, overboard, and inconsistent with concepts of academic freedom and freedom of speech. This bill is not limited in scope to minor students. Adult citizens may lose their right to protection from harassment and discrimination in the educational environment and workplace on the ironic basis of "free speech" will be deeply upsetting. (Attachment 16)
Katie Mastrosimone, High School Junior, opposes this bill because it will harm kids who might find their only support at school for who they are. It eliminates the free speech right of teachers and students. Your name is very personal to you. It is disrespectful to call someone by a name they do not use. This bill will also encourage bullying by other students. All this bill does is say to these kids that the government believes their identity is up for legislation. It ways the government, who is supposed to represent and stand for them, believes they are unworthy of the dignity of being who they are. (Attachment 17)
Michele A Montour, Private Citizen, said transgender children have no choice in who they are. It is not a phase and it is not externally generated. The medical and scientific classification of sex and gender has long recognized more than two genders. But other cultures have recognized this for over 3000 years. Transgender people have always existed. Proponents act like this is something new. It is not. They act like their malice is justified. It is not. It is cruel. These are children. No one would choose to be in such an attached ground and endure the pain you are placing upon the. The only choice here is yours. (Attachment 18)
Candice N. Moran, Psy.D. Licensed Psychologist, Missouri and Kansas, stated school is one of the major areas of most children's lives. They spend 30-40 hours per week, so what happens in those spaces has a huge impact on their mental health. Instead of being able to be focused on their studies, the transgender and nonbinary students of Kansas are having to worry about their physical safety, their emotional safety, and simply being seen and respected for who they are. This bill focuses on the "rights" of teachers, staff, and students to misgender, be disrespectful, and bully transgender and nonbinary students, and under this bill, there is NO ramification for the students who have ACTUALLY BEEN HARMED by the outcome of these actions. Please show the transgender and nonbinary youth of Kansas that you care about what happens to them and you actually want to do what you claim to want to do, which is to protect them from harm. (Attachment 19)
MKilar Otte, Law Student, explained as an educator, serving middle school students in special education, it was a privilege to work with many transgender students. The school had a straightforward yet powerful policy: call students by preferred names and pronouns. This was not an act of defiance against parents, nor was it an effort to impose any ideology. It was a recognition of basic human dignity. The impact of this policy was unmistakable. Students who had previously struggled - academically and socially - began to re-engage with their education. They felt seen. They felt respected. And as a result, they flourished. Grades improved. Confidence grew. Kansas has long prided itself on a strong education system, one that nurtures and develops students into well-rounded citizens. Passing this bill would be a disservice to that legacy. (Attachment 20)
Gabriel Padilla, Private Citizen, said research from the Journal of Adolescent Health underscores this importance-students who can use their chosen name in all aspects of their lives experience 71% fewer symptoms of severe depression, a 34% decrease in thoughts of suicide, and a 65% decrease in suicide attempts. These numbers are not just statistics; they represent the real impact on students' mental health and well[1]being. Every student deserves a classroom where they feel seen, valued, and supported, and that's what I strive to provide every day. (Attachment 21)
Wren Porcaro, Private Citizen, says this bill is clearly designed to target as extremely small portion of students and deny them the dignity they deserve. 2022 data from the Williams Institute at the UCLA School of Law estimates there are approximately 2,100 individuals 13-17 identifying as transgender in Kansas. When compared to the 2024 Census Bureau estimates of Kansas population under 18, very roughly 700,000 people, it becomes clear how inane it is to waste time trying to introduce a bill to prevent somewhere around 0.3 percent of our state's student population from being called the name they want. That's 0.3 percent. In a group of 100 people, that's not even one person. (Attachment 22)
Angie Powers, Private Citizen, said this bill turns a local issue into an overly board state law, lacks clarity, and protects educators from accountability. (Attachment 23)
Iridescent Roney, Private Citizen, stated this bill would ban some people from working and affirming trans and nonbinary students' names and pronouns in a higher education setting. Teachers or staff wouldn't be allowed to intervene when trans or nonbinary kids are being bullied by being misgendered or deadnamed. This is sanctioned bullying. (Attachment 24)
Alexandria Schneider, Applications Analyst for Admissions, Information Technology Services of Washburn University, said this bill contains no guidance on how institutions should comply with this legislation. Are universities now required to collect and store a copy of the birth certificate of all minor students, to ensure record of their birth name and biological sex? Would this document need to be made accessible by all university employees, regardless of their appointed position? Surely this alone is a violation of a student's right to privacy. This bill also lacks clarity on the legality of school employees' use of students' nicknames or shortened versions of their names. (Attachment 25)
Melissa Stiehler, Loud Light Civic Action, expressed concerns: this bill does not protect free speech, encourages harassment and frivolous litigation while this bill frames issues of gender and how other people lives their lives as an issue of "public concern," one in which education professionals should be encouraged to share their opinion on in order to shape "classroom discussion and debate," the reality is that it is no one's business but the person at hand. (Attachment 26)
Cory Teubner, Private Citizen, said this bill strikes my professional colleagues with fear and chills our ability to speak freely in daily interpersonal communications with students. Worse, it forces us to actively harm students. In this bill, the State seeks to interfere in the personal lives of students and families and into the everyday work of my profession. The State apparently wants to tell me what words I can say in my classroom. Moreover, it maliciously seeks to deny trans people the practical ability - indeed their very liberty - to participate equitably in the most promising avenues the State offers its citizens to learn and prosper as adults. (Attachment 27)
Elizabeth Staley, Private Citizen, said she opposes this bill because she also strongly believes that asking a person what name and pronouns they use, and using that name and those pronouns, is crucial to supporting, encouraging and creating a safe learning and living environment for people. A wise colleague taught that the golden rule has been replaced by the platinum rule - "Treat others as they will to be treated". This bill will cause harm to Kansas students by not allowing them to communicate how they with to be treated, and causing them to feel. (Attachment 28)
Rev. Caela Simmons Wood, Pastor, First Congregational United Church of Christ, Manhattan, KS, on behalf of Kansas Interfaith Action, stressed three reasons for opposing this bill:
- Every Kansas student has the right to be called by their gender-affirming name and pronouns.
- This bill, if enacted, would constitute a violation of students' privacy, and put their safety at risk.
- This is a politicized attack on our teachers and other educational professionals. (Attachment 29)
Opponent Written Testimony: (Testimony is in alphabetical order and divided as written in title of Bundle)
Opponent Written Bundle A-B (Attachment 30)
Opponent Written Bundle C-G (Attachment 31)
Opponent Written Bundle H-J (Attachment 32)
Opponent Written Bundle K-M (Attachment 33)
Opponent Written Bundle N-Sp (Attachment 34)
Opponent Written Bundle St-W (Attachment 35)
The Chair closed the hearing on SB76.
The meeting was adjourned at 2:19 pm.
The next Senate Education Committee Meeting will be held February 11, 2025 at 1:30 pm in Room 144-S.
