The House, Thursday, May 26, 2022

Rep. Dan Wolf (R - Merr 7)Thank you, Mister Speaker. I move to table HB 1431.

Speaker PackardThe House will be in order. That is a proper motion. The motion before us is to table HB 1431. Roll call has been requested by Rep. Blasek. Is that sufficiently seconded? It is sufficiently seconded. This will be a roll call vote. The motion before us is to table HB 1431. Members will be in their seats. This is a roll call vote. The Chair recognizes Rep. Allard for a parliamentary inquiry.

Rep. James Allard (I - Merr 13)Thank you, Mister Speaker. Mister Speaker, if I know that everyone in this chamber desires the very best for the children of our state. And Mister Speaker if I know that the attorney general and the speaker's chosen counsel do not agree on the intentions of this bill. And Mister Speaker if I know that HB 1431 still needs a lot of work to make it the very best legislation for our families, schools and our most vulnerable students, would I now press the green button and support the tabling motion so that we can improve this bill in the coming session?

Speaker PackardThe House will be in order. The Chair recognizes Rep. Osborne for a parliamentary inquiry.

Rep. Jason Osborne (R - Rock 4)Thank you, Mister Speaker. If I know that we have all been waiting all day for this debate to occur and I do know that House and Senate counsels have both weighed in on the questions that the attorney general has brought forward and that we will hear about that during the debate if we are allowed to have it, would I now press the red button to not table HB 1431?

Speaker PackardThe motion before us is to table HB 1431. This is a roll call vote. If you are in favor, you will press the green button. If you are opposed, you'll press the red button. Voting stations are open for 30 seconds. Have all members present had the opportunity to vote? The House will attend to the state of the vote. 169 voting Yea, 173 voting Nay, the tabling motion fails. The House will be in order. The Chair recognizes Rep. Abramson.

Rep. Max Abramson (R - Rock 40)Thank you, Mister Speaker. I guess I really wore the wrong color today. Mister Speaker, I rise in support of the Committee of Conference recommendation on HB 1431. The Republican platform simply says on education, "To promote education freedom and parental rights to control the education of their children," but the Republican party is not the only one that says that, so does the Constitution Party. So does the Reform Party and the Green Party and almost all the independent political parties and political movements and groups that are formed out of grassroots ordinary people around the country. They have all supported parental rights and to a varying extent, parental notification. This bill, in my opinion, is simply a parental notification that if something is going on in the schools, if the child has had a confidential admission with other students and if there is any official activity involving the school district and its employees, that the parents simply be notified. So I not only support this bill, I think that this is one of the most important bills that we take on this session. I've said for years to my constituents when I ran that I believe that parents have the right to raise and educate their own children. That it's not up to the state to make those decisions, especially very personal, very intimate decisions about their development, their emotional and sexual development. It is therefore my opinion that, after having read this bill and listened to both sides and looked through the issues and received the emails of course and heard the responses from members of the other side, that I still believe that parents need to be the one who is notified by the school and make the important decisions themselves. Please ignore the color of my shirt today and press the green button.

Rep. Melissa Blasek (R - Hills 12)Thank you, Mister Speaker. Mister Speaker, I would like to begin by dispelling some of the propaganda surrounding this bill. Critics say that this bill requires educators to inform parents of a child's gender identity or expression that's requiring them to "out" the child. That is not what the language of this bill says. It says a parent has the right to be notified when a school employee initiates, investigates or finds the need for action relating to the school's policy regarding the student's gender expression and identity. Nowhere in this bill does it say that if a student confides in their teacher about their gender identity, that the teacher must immediately call the parent to divulge that information. In addition, there is nothing in current law that prevents a teacher from "outing" a child to a parent now. The concern I've heard expressed is that the parent would be told that they perhaps have a transgender child and that the child would be in danger because the parent might abuse them. We cannot presume that all parents are guilty until proven innocent. If we presume that parents are all abusive, then schools would never inform the parents of any number of issues with the child, including poor behavior, as it might result in abusive situation at home. We have never operated under this thought process before and we should not begin now. As this bill is written, there are several ways a school could withhold the information about the student if there is evidence that it would endanger the child. Good, supportive parents have every right to know if there are actions taken in school that include their children. I equate parental rights to firearms rights. There are criminals, yes. One of the primary purposes of government is to punish wrongdoings, but restricting rights from law abiding parents and gun owners does not prevent criminals from participating in criminal activities. Parents are programed to love and care for their children like no other adult and we should be supporting parents so they can protect their children from potential bad actors and influences outside of the home. Please press the green button to support this moderate and common-sense legislation.

Speaker PackardThe House will be in order. The Chair recognizes Rep. Roy.

Rep. Terry Roy (R - Rock 32)Thank you, Mister Speaker. Mister Speaker, in my previous life, my job was to be in charge of investigations for educator misconduct. As part of that, we learned that there are certain behaviors in the field that needed to be addressed and part of that was how these relationships developed. There are a lot of words to use for it and one of them is grooming. Well, what if we were here today talking about allowing police officers to have secret relationships with your child where the parent had no right to know what was going on and they could talk about sex or anything, gender, whatever, and you couldn't find out what that was? I don't think we'd be having this debate because we would all think it was ludicrous. As part of my job we looked at trends and studies. Teachers are no different from police officers or state representatives. We are all made up of the same population. There is not a special island somewhere where we grow police officers or teachers. They are all just like you and me. Unfortunately among all of us, there are a few bad apples we have to watch and protect children from. Now, if I'm the type of person that has that affliction that I am attracted to children, what kind of field would I get into as my career? Now, that's the tiny minority but a tiny minority can do huge damage. There's no doubt that teachers have a profound effect on the lives of their students. The student-teacher connection can be positive, transforming, opening possibilities for the student. Conversely, the power imbalance presented in this influential relationship may be abused, resulting in long term trauma to the student. This is particularly the case for some sex offenders who use the profession of teaching to target victims. The case of Mary Kay Letourneau captured national attention when she was convicted of second-degree child rape for having sex with her sixth-grade student. Miss Letourneau who was 35 at the time, pleaded guilty and received a 7 � year sentence. Lest we think we are immune in New Hampshire, let's all remember the name Pamela Smart. Grooming is a term used to describe the process by which a sex offender carefully initiates and maintains sexual abusive relationships with children. Grooming is a conscious, deliberate and carefully orchestrated approach used by an offender. The goal of grooming is to permit a sexual encounter and keep it secret. The grooming process encompasses a variety of methods used by the offender. In addition, the method helped maintain the abusive relationship by encouraging complicity and secrecy of the victim. Here are just a quick few of the things that we watch out for when we look for grooming behavior among educators, adults, parents or any profession when dealing with children. Targeting. They look for vulnerable children. For example, those with low self-esteem, low self-confidence, children with less parental oversight whose parents aren't really involved in their lives. Socially isolated and emotionally needy children. It sounds an awful like the children we're trying to protect by allowing this kind of behavior. Caretaking, babysitting, teaching, tutoring. They form special relationships. They become welcome. They give them gifts, games, special times and isolate the children from their family and friends. They seize on feelings of being unloved and unappreciated, not understood. Emotional bonding and trust building. Desensitizing them to sex, talking about sex, gender, things of this nature. Use pretense of teaching and exploring in closeness. They exploit the victim's natural sexual curiosity at that age. Then they use maintenance. Bribes, gifts to ensure continued compliance. Threaten dire consequences to ensure secrecy. Threaten to blame the victim. Losing the loss of a loving relationship. These are the exact kinds of behaviors that we discourage and punish and send people to jail for, yet opponents of this bill are saying we should allow and encourage. We have to be careful that when we say that people should be allowed to have secret relationships with children.

Rep. Terry Roy (R - Rock 32)There is a motive. It's clearly that the motive is you say that I should not be able to have a relationship...

Speaker PackardThe representative will stop. I didn't hear the complete statement but I understand you were somewhat implying motive which we don't do.

Rep. Terry Roy (R - Rock 32)Agreed, Mister Speaker. I'm not implying motive. I'm saying that teachers should be able to have a secret with a child. That's not a motive, that's a fact. That's what you are saying. You may not like it, but think about it. At the end of the day, the parents have a right to know...

Speaker PackardThe member will suspend. What is your point of order?

Rep. Timothy Horrigan (D - Straf 6)In addition to what the previous member said, I think he is not addressing the bill that this behavior he talks about is already illegal under existing law and this is not the main focus of what's before us. I think he has gone off topic. Thank you.

Speaker PackardThe House will be in order. My instructions to the member are not to imply motive and to talk about the bill.

Rep. Terry Roy (R - Rock 32)To be clear, I do not think that there is a motive for improper relationships. What I'm saying is that this kind of behavior is what allows it to happen. We know this. It's been proven time and time again. Keeping secrets with children that their parents are not allowed to know about is classically proven behavior that leads to this type of thing. We always have to be on guard for it. Yes, it makes you uncomfortable. It make me uncomfortable to have to talk about it, but it should not be happening. The parents should always be in the loop. Thank you.

Speaker PackardDoes the member yield to questions? Member does not yield. The Chair recognizes Rep. Mullen.

Rep. Sue Mullen (D - Hills 7)Thank you, Mister Speaker. Mister Speaker, today I rise in opposition to HB 1431, the parents bill of rights, which may seem ironic given the fact that I'm a parent myself. I believe whole heartedly in parents taking responsibility for their children's education and medical care. I also support school districts and health care facilities doing everything they can to engage with parents in building relationships built on transparency and trust. But this bill isn't about building relationships. This bill is about a lack of trust that robs kids of the opportunity to connect with caring, supporting adults at the time in their lives when many of them need them the most. Many of the rights outlined in HB 1431 are already law. The right to enroll a child in a public, private or home school, the right to review school records, the right to opt out of certain topics of instruction, the right to review and object to particular instructional materials, the right to access state standards, services via an individual educational plan, the right to enroll in Title I or Medicaid services. All of these provisions are already defined and defended under state and federal statute so they don't appear to be the rights that a parent would need to fight for. In addition, there are some rights in this bill that don't seem right at all. HB 1431 would require schools to track and notify parents every time a student changed their extracurricular activities or joined a club, like theater or Destination Imagination or the Gay-Straight Alliance. Schools would be required to report all discipline imposed by school authorities without defining either discipline or school authority. Does that mean that if chatty seventh grade Susie needs to have her seat changed, that a call will be made home at the end of the day? What if active Alan throws a tater tot in the cafeteria? Is Mr. Vice Principal expected to call mom if he requires Al to clean up the floor around the table? I spent 12 years as a 5th grade teacher and I can assure you that dealing with student discipline is a major portion of every day. What will happen when teachers have 15 phone calls to make at the end of the day? I can guess that fewer teachers will report loving their jobs and loving your job is exactly what makes a great teacher. How about the conversations that kids have with the principal or the assistant that are meant to redirect or inspire them? Our administrators are well loved by the students. As a teacher I would frequently ask one of them to intervene. Who's making that call? How long might it be before the taxpayers on the hook for the additional staff that it takes to clear that daily log jam? The most meaningful professional work I did was as a school counselor. For 27 years I had the privilege of assisting students and families during the most difficult times of their lives. I have held students as they cried over the loss of a parent. I have held parents who lost children to illness, to drugs, to depression. My door was always open and my office a refuge for kids and adults who needed a listening ear and a compassionate heart to navigate the challenges that come to all of us sooner or later. As I stand here today, I am the voice of every dedicated school counselor. Why would you want to silence me? Sometimes advocating for a student meant taking on the school. The teacher really was being mean. The current plan just wasn't working. The student couldn't get their homework done because nobody at home could help. If you think I'm kidding, try doing your seventhgrade students math homework and see how well you do. Sometimes I needed to address the parents. He's worried about your drinking, the divorce has her totally distracted, maybe something is interfering with his learning. Did either one of you have trouble in school? Sometimes I needed to confront the student. Well, what are you doing if you're not doing your homework? What did you expect would happen if you waited until the day before it was due? What made you think that was an opinion you should share? Like every dedicated school counselor, I based my work on honesty and compassion. Why would you want to silence me? During my career, I had multiple students disclose to me that they had been sexually abused. Another that his mother was being assaulted. One that a sibling was in trouble with the law. One that a parent was going to jail and more than one that they had tried to take their own life because they didn't know what else to do. Some of these disclosures came relatively quickly, but most of them were the result of a tested relationship. Victimized kids need time. Kids with a secret are frequently scared to death that speaking the truth will result in something even more horrifying than the reality of what they're living. If that school counselor is the difference between hell or survival, why would you want to silence them? We already know all of this. New Hampshire has been studying adverse childhood experiences for decades now. We know that the single most protective factor in building resilient kids is engaging them in healthy relationships. We know that schools are an ideal place to lay the foundation of trust that kids need to thrive. HB 1431 requires school counselors, like me, to notify parents if students have a dress code violation. Any behavior management or intervention must also be reported. Discussions about gender identity or expression must be disclosed whether the student is ready to have that conversation or not because, "Invertedly or purposefully withheld information is subject to disciplinary action." Inadvertently? Doesn't that mean accidentally or without intention? In addition, parents may seek monetary damages and court costs making the desire for collaboration in an effort to forge a homeschool partnership seems somewhat antique at best. According to the GLAAD legal advocates and defenders' office, one in 4 LGBTQ youth attempted suicide in 2021. The Trevor Project reports that 60% of LGBTQ youth who wanted mental health care in the past year, were unable to get it. Seventy-three percent experience symptoms of anxiety and 58% suffered from depression. Being LGBTQ is one of the leading causes of homelessness among teens in America and that's not because everyone's news is being greeted with open arms. Helping students communicate with their parents about their sexuality is a good thing. Forcing school personnel to out their students to parents before anyone is ready for that open, honest and sometimes tough conversation is not. We have the opportunity to continue to help New Hampshire students and their families by opposing this bill. We can deliver the message that living in New Hampshire means that we accept and value you unconditionally and that we know we are gambling with kids' lives when we don't. Please vote no on HB 1431 by pushing the red button.

Speaker PackardDoes the member yield to questions? The member does not yield. The Chair recognizes Rep. Kofalt. This is the last speaker, so members take your seats.

Rep. Jim Kofalt (R - Hills 4)Thank you, Mister Speaker. I rise to speak in support of the Committee of Conference Report for HB 1431. Several years ago, a friend and colleague offered me some advice that has proven to be very valuable during my short tenure as a member of this body. It was this. When you are engaged in dialogue with people who do not necessarily agree with your point of view, it is helpful to begin with a presumption that everyone at the table is motivated in some way by a positive intention. That has served me well here. It has served me well elsewhere in my life and I believe it would especially serve us well in the case of HB 1431. This bill affirms the primacy of parents in raising their children to be happy, healthy, productive adults who can grow up and contribute positively to society. The bill is five pages long. It includes a number of different provisions, including things like parents have the right to inspect the curriculum and know what their kids are learning in school. It includes that parent have the right to see the child's report card and to know why they are being promoted to the next grade or not or why they are being graduated or not. It reaffirms some of the rights that are already outlined in statute, such as the right to exempt your child from certain immunizations. In the five pages of this bill, the term "gender expression" is used exactly once and yet that has become the pivot point upon which the passage or failure of this bill will depend. Why is that? We all know someone who has struggled with their sexual orientation or their gender identity and who has suffered emotion pain as a result. We all know someone who has been rejected, ostracized, ridiculed and bullied. So in keeping with the words of the chairman of my committee, I think that we ought to honor the concerns and fears on both sides of the question. I can't imagine what it is like to suffer that kind of difficulty, especially as a teenager. I'm sorry that it happens and I wish I could waive a magic wand and make it go away. Whether this bill passes or fails will not change that. What this bill will do is recognize that parents are the primary agents in the raising of their children, not junior partners in the process. This will also constitute a very meaningful step toward restoring trust in our schools. Public schools across the country have faced a litany of criticism over the past few years and much of that criticism, although we ought not to paint with too broad a brush, much of that criticism has been deserved. How do we build trust? How do we restore trust? One of the essential elements in the process of restoring trust is to extend some measure of trust to another. The fundamental question that we answer when we vote yes or not on this bill, whether you intend this or not, is this. Do we trust parents? Do we believe that the vast majority of parents love their children and will do what is best for them? Not necessarily that it's easy, not that there isn't some difficulty and tough conversations along the way, but do we believe that the vast majority of parents love their children enough to support them in their journey and do what is right? This bill does not require a school to take action simply because a student is questioning their sexual orientation or gender identity. It does not prevent a student from confiding in a trusted adult at school and it does not compel an adult to violate that confidence. What it does require is that if a student asks to be addressed by a differently gendered name or by different pronouns or to otherwise make a request to be treated differently in the public context of the school or in a way that triggers the school to act on a related policy, then the parents should be notified. There was an article in this morning's Union Leader highlighting the story of a mother whose child in the Manchester school system came out as transgendered. She was not notified and she has filed suit. She was quoted in that article as saying, "If we are not being told what is going on in their personal life in school, things could take a turn for the worse if we don't know." This came from somebody who has been teaching for 25 years, has been teaching for 17 years in the same school district. Do we trust parents? This bill is a necessary and important step toward acknowledging the primary importance of parents in their children's lives and I ask my colleagues to vote yes on approving the Committee of Conference Report. Thank you.

Speaker PackardWill the member yield to questions? The member does not yield. A roll call has been requested by Rep. Silber. Is that sufficiently seconded? It is sufficiently seconded. This will be a roll call vote. Members will take their seats. The motion before us is the Committee of Conference Report on HB 1431. This is a roll call vote. The Chair recognizes Rep. Long for a parliamentary inquiry.

Rep. Patrick LongThank you, Mister Speaker. Mister Speaker, if I know that the issues that were brought up in the debate was not brought up during testimony. If I further know that the issues that this would create within the court systems, with the parents. If I further know that this will not solve what people are looking for, then would I press the red button? Thank you.

Speaker PackardThe Chair recognizes Rep. Osborne for a parliamentary inquiry.

Rep. Jason Osborne (R - Rock 4)Thank you, Mister Speaker. If I know that parents, not schools, have the primary right and responsibility of the upbringing of children, would I now press the green button and support families and not systems and secrets?

Speaker PackardThe House will be in order. The motion before us is the Committee of Conference Report on HB 1431. This is a roll call vote. If you are in favor, you'll press the green button. If you are opposed, you'll press the red button. Voting stations are open for 30 seconds. Have all members present had an opportunity to vote? The House will attend to the state of the vote. 171 voting Yea, 176 voting Nay. The House will be in order. The motion fails.