Mr. Chairman, I support parents' rights, and I am proud to live in the State of Minnesota where parents have a right to remove their child from a class assignment if they are not comfortable with the subject matter. That is State law today…
Mr. Chairman, I support parents' rights, and I am proud to live in the State of Minnesota where parents have a right to remove their child from a class assignment if they are not comfortable with the subject matter. That is State law today in Minnesota.
I hear from parents across Minnesota's Second District every day who are worried about their children. And I hear from teachers every day who need more support and resources for their students.
Mr. Chair, there are more than 800,000 public school students in Minnesota.
I don't think Washington politicians, the people standing here on the House floor today, should mandate which books are in their school libraries.
I don't think Washington politicians should mandate their parent- teacher conference schedules.
I don't think Washington politicians should mandate whether these 800,000 kids get the mental health support they need.
Let's be real about what this bill is actually about.
This is about MAGA Republicans who want to start a fake culture war targeting some of the most vulnerable kids in America in our kids' classrooms. Shame on you.
If you want to support parents, let's fully fund our public schools and sharpen our focus on special education programs. Let's figure out how we recruit and retain talented teachers. Let's get our kids and educators the mental health resources they desperately need.
Mr. Chair, let's leave the power to decide what is best for students at the local level.
Mr. Chair, I support parents' rights, but this bill has nothing to do with that.
Mr. Chair, I include in the Record a letter from the National Association of School Psychologists expressing serious concern with this legislation.
National Association of
School Psychologists,
Bethesda, MD, March 7, 2023.
Hon. Virginia Foxx,
Chair, House Committee Education and the Workforce.
Hon. Bobby Scott,
Ranking Member, House Committee Education and the Workforce.
Re: Markup of Parents Bill of Rights and Protection of Women
and Girls in Sports Act of 2023
Dear Chairwoman Foxx and Ranking Member Scott: On behalf of
the National Association of School Psychologists (NASP), and
our 25,000+ members, I write to express significant concerns
regarding the harmful impact of the Parents Bill of Rights
Act (H.R. 5) and the Protection of Women and Girls in Sports
Act of 2023 (H.R. 734). School psychologists work with
families, educators, administrators, and community members to
collectively meet the academic, social emotional, and mental
and behavioral health needs of students. We are committed to
ensuring that every child: has access to well-rounded,
comprehensive, and inclusive curricula; receives the
comprehensive learning supports they need to be successful
and; attends a school with a safe, supportive learning
environment free of bullying, harassment, and discrimination
for all students. Importantly, we work to foster effective
partnerships between families and educators, who share
equally the responsibility for the learning and success of
all students. School psychologists work with school leaders
to create equitable and accessible family engagement systems
in which the diverse perspectives of all families are
actively sought out, acknowledged, and valued. Collectively,
elements of H.R. 5 and H.R. 734 undermine these commitments
by: prioritizing the voices and perspectives of a small
subset of families; condoning discrimination; limiting
curricula; and preventing schools from ensuring physical and
psychological safety.
Further, elements of these bills will significantly
exacerbate the current youth mental health crisis,
particularly for LGBTQ+ and other marginalized youth.
Parents Bill of Rights (H.R. 5)
Title I--Amendments to the Elementary and Secondary Education
Act of 1965
Sec 101 and Sec 103. State and Local Educational Agency
Plan Assurances
NASP supports efforts to increase transparency and access
to information about school curricula. Existing provisions in
FERPA and PPRA clearly articulate the rights of parents to
review school curricula and materials as well as opt their
child out of specific lessons or survey administration. It is
critical that parents and families know what is happening in
their child's classroom so that they may engage with their
children about what they are learning, and even offer
differing viewpoints and helping their children think
critically. Requirements to make this information publicly
available to all creates an unnecessary burden on the SEA and
LEA which is unattainable and will further impede already
strained local and state education systems. Despite our
belief that Sec 101 and Sec 103 are redundant, we offer the
following edits to ensure that all information is accessible
to all families: families and other persons with disabilities
and those who speak a language other than English:
Sec 101 State Plan Assurances
(O)(i)(I) ``posts on a publicly accessible website of the
agency, in a manner that is accessible to persons with
disabilities and those who speak a language other than
English, such curriculum;
(O)(i)(II) if such agency does not operate a website,
widely disseminates to the public in a manner that is
accessible to persons with disabilities and those who speak a
language other than English such curriculum;
(O)(ii)(I) ``posts on a publicly accessible website of the
agency, in a manner that is accessible to persons with
disabilities and those who speak a language other than
English:
(O)(ii)(II) ``if such agency does not operate a website,
widely disseminates to the public, in a manner that is
accessible to persons with disabilities and those who speak a
language other than English, such curriculum;''
(P) ``in the case of any revisions . . . the State
educational agency will post to the homepage of its website,
and widely disseminate to the public, in a manner that is
accessible to persons with disabilities and those who speak a
language other than English,''
Sec 103 Local Plan Assurances
(9) ``post on a publicly accessible website of the local
educational agency or, if the local educational agency does
not operate a website, widely disseminate to the public, in a
manner that is accessible to persons with disabilities and
those who speak a language other than English, the plan . .
.''
We also request clarification as to the definition of
'curriculum.' Teachers routinely alter lesson plans or
planned pace of curriculum based on students' progress and
needs. Teachers must maintain the ability to differentiate
instruction and to develop lessons, aligned with state
academic standards, that meet the needs of their students.
Many students receive interventions, specific modifications,
or specially designed instruction (as part of a child's
Individualized Education Program) to ensure access to the
general curriculum and state academic standards. We strongly
caution against considering these instructional materials
'curriculum' as it could inadvertently violate the privacy of
students and their families, especially in smaller
communities where identification is easier.
Sec 104 Parent's Right to Know
We support that parents should have the right to see what
materials are available in the school, to be well informed
about potential changes to state academic standards or key
programmatic offerings (not limited to the elimination of
gifted and talented programs), and to voice their opinion
regarding school and school district policy. This information
must be accessible to all families, and we request the
following revision:
(1) ``Notice of Rights''--A local education agency . . .
posts, in a manner accessible to persons with disabilities
and those who speak a language other than English,''
However, the ``right to review'' outlined in this section
must not be synonymous with the right to demand removal or
alteration of specific books or other material available to
all students. We remain increasingly alarmed at continued
reports of the removal of material highlighting the diversity
of our society and our schools. Restricting access to
accurate information and removing evidence-based practices
that promote inclusivity and cultural responsiveness is
fundamentally handcuffing schools and school staff, and it is
harming children. Public schools exist to prepare young
people to live in a global society and be contributing
citizens. Therefore, schools must have resources and
curricula which is reflective of the world they live in. We
have heard from many school psychologists that parents are
frustrated by the removal of certain books and/or materials
from classrooms and/or curriculum, and they are angry that
their opposition to these removals has been ignored as it is
placing unwanted limitation on their child's exposure to
diversity and excludes specific identities from curricula.
This legislation must clearly articulate that the ``right to
review'' does not give one the legal right to demand removal.
Educators, schools, and districts must be empowered to make
decisions based on empirical evidence and the needs of the
school community, including the unique needs of specific
groups of students without fear of reprisal.
Title II--Amendments to FERPA and PPRA
Many of the rights articulated in H.R. 5, including the
right to inspect instructional material and surveys that may
be administered or distributed by the school, and the right
to opt their child out of participation in specific
activities are statutorily afforded to parents via FERPA and
PPRA. NASP does not object to more stringent requirements to
ensure proper protection of student data and to prohibit the
sale of student information for commercial purposes or
financial gain. However, we have significant concerns that,
collectively, Sec 201 (n) `Disclosure of Information'; Sec
202(b); Sec 202 (c)(2)(D)(i), and the proposed definition of
`Medical Examination or Screening' will significantly impede
schools' ability to support student well-being and mental
health and prevent school violence. Sec 201(n) would require
schools to share with parents, upon request, an individual
students' response to any survey. Implementation of this
provision would prove impossible in many scenarios as the
vast majority of surveys are anonymous by design and
identified data is less likely to be valid. Many school-
administered surveys are intended to provide critical
information necessary to: examine and respond to the
global physical and mental health needs of young people;
guide school and community violence prevention efforts;
inform school safety and school climate initiatives; and
guide efforts to reduce substance use and misuse. These
data are critical to identifying potential risks to
children and youth, and to evaluate system wide efforts to
address specific concerns. Parents maintain the right to
exclude their child from participating in these valuable
data collection efforts, but students must be empowered to
be honest without fear of consequence, punishment, or the
unwanted disclosure of personal information without their
permission. As such, we request the following revision:
``(n) DISCLOSURE OF INFORMATION.--An educational agency or
institution or authorized representative of such agency or
institution shall;
(1) upon request from a parent of a student disclose to
such parent the identity of any individual or entity with
whom information is shared from the education record;
(2) upon request from a parent of a student disclose to
such parent any response of the student to a survey if
(A) information to accurately identify individual students
was collected as part of the survey, as designed, and
(B) the student consents to the disclosure of such
information
(3) inform students, prior to their participation in a
survey in which identifying information is collected, that
their individual responses may be disclosed to a parent upon
request.''
Current law reflects the requirement for parental consent
prior to student participation in specific school
administered surveys, rendering Sec 202 (c)(2)(D)(i)
redundant, and when considered in conjunction with the
proposed definition of `Medical Examination or Screening,
highly concerning. Revision of the current legal definition
of `physical examination' to `Medical Examination or
Screening', which explicitly includes a mental health or
substance use disorder screening, combined with parental
consent requirements will undoubtedly exacerbate the youth
mental health crisis and undermine efforts to improve school
safety. The term `mental health screening' could be
interpreted in a manner that results in significant harm to
school communities. A mental health screening is not
synonymous with a standardized measure or survey intended to
gather personal information about an individual for
diagnostic use. While those tools may be utilized as part of
a holistic approach to identifying and addressing student
need, mental health screening is a process by which
educators, in collaboration with school psychologists or
school mental health professionals, and families, identify
students who may need support. School mental health
professionals will not engage in a therapeutic intervention
with a student without active parental consent. However,
students must be allowed to seek out a trusted adult or
mental health professional, including school psychologists,
at school and these professionals must be able to assess
student well-being and (as part of their responsibility as a
mandatory reporter) immediately assess if there is concern
regarding risk of harm to self or others. As currently
written, H.R 5 would require parental consent prior to any
contact with a school mental health professional and could
result in unnecessary and preventable harm to self or others.
Parents are already notified of reported risk after an
assessment is completed and inability to reach a parent for
consent to do an assessment can have lethal consequences.
We offer the following suggested revision and would welcome
the opportunity to collaborate on statutory language that
ensures availability of comprehensive school mental and
behavioral health services and balances schools' obligation
to support student learning and well-being and maintain a
safe school environment with efforts to improve family
engagement in all aspects of the education system.
MEDICAL EXAMINATION OR SCREENING.--The term `medical
examination or
screening' means any medical examination or screening that
involves the exposure of private body parts, or any act
during such examination or screening that includes incision,
insertion, or injection into the body, or a mental health or
substance use disorder screening, except that such term does
not include:
(i) a hearing, vision, or scoliosis screening;
(ii) an observational screening carried out to comply with
child find obligations under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).''
(iii) Informal observation screening, or short term
consultation, of non-therapeutic nature, with a school based
mental health services provider;
(iv) a process to assess and mitigate the risk of inflicted
harm to self or others, provided that parental notification
of such screening occurs as soon as is feasibly possible
unless there is reasonable evidence that parent notification
will result in harm to the child.
Protection of Women and Girls in Sports Act of 2023 (H.R. 734)
NASP believes, and courts have established, that the civil
rights of transgender students are protected as part of U.S.
public schools' obligations under Title IX of the Education
Amendments of 1972. These rights include honoring a person's
right to express gender identity, and the right to modify
gender expression when necessary for individual well-being,
and to have their gender identify affirmed and acknowledged,
the right to explore and question their gender identity, and
the right to participate in activities, including sports,
that correspond with one's gender identity.
We vehemently oppose any effort, including the Protection
of Women and Girls in Sports Act, to define sex based solely
on a person's reproductive biology and genetics at birth,
while this legislation, on its face, is narrowly focused on
the issue of athletics, it is legally tenuous to assume that
Title IX allows for multiple, context specific, definitions
of sex. This definition would most certainly be applied
across all educational activities and programs and amounts to
an assault on the existence and civil rights of transgender,
gender nonconforming and intersex children, adolescents, and
adults in our communities. Further, H.R. 734 places unfair
burden on school administrators, who are not medical
providers, to examine and police a student's body.
Administrators and the National Association of Secondary
School Principals have expressed concern and frustration over
individual state's laws which violate Title IX.
This legislation is a ``solution'' in search of a problem.
The policies of the International Olympic Committee (IOC) and
the National Collegiate Athletic Association (NCAA), among
others have longstanding guidelines regarding participation
on competitive sports teams. The IOC first allowed
transgender participation in the Olympic Games beginning in
2004 and the NCAA has done so since 2011. Both the IOC and
the NCAA have refined their policy to better align with
scientific fact and empirical research; and both
organizations, as well as numerous high school athletic
associations and professional and amateur sports leagues,
currently to allow transgender athletes to compete on teams
and in events aligned with their gender identity. Inclusive
sports participation benefits all students and ensures
equitable opportunities for collegiate sports attainment,
collegiate scholarships, and opportunities to compete in
professional sports. There is absolutely no evidence that
cisgender athletes, or women's athletics in general, are
harmed by these policies.
For almost two decades, transgender athletes in the United
States have been allowed to participate in some of the most
elite national and international competitions as their
authentic selves. Yet, it was not until 2020, out of concern
for the future of women's athletics, that policy makers
sought to prohibit transgender people, particularly
transgender women, from participating in sports teams that
aligned with their gender identity. This legislation is not
about protecting women. This legislation is a thinly veiled
attempt at codifying a harmful and discriminatory definition
of `sex' under the guise of ``protecting women'' from
discrimination in sports. This legislation is not about
sports, it is about further erasing transgender people from
public life. We adamantly oppose this legislation and urge
you to do the same.
We welcome the opportunity to collaborate on legislation
that promotes effective family engagement, ensures access to
a well-rounded and inclusive curriculum, supports student
well-being, and affirms the rights and identities of all
students. Please contact NASP Director of Policy and
Advocacy, Dr. Kelly Vaillancourt with questions, concerns, or
opportunities to promote a public education system that works
for all students.
Sincerely,
Kathleen Minke, PhD, NCSP,
Executive Director.