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By Howard Fischer | Capitol Media Services
A House panel voted Tuesday to punish teachers who keep certain student confidences from their parents, like a disclosure the youngster is gay.
HB 2161 would make it illegal for an government employee to withhold information that is “relevant to the physical, emotional or mental health of the parent’s child.” And the measure specifically bars withholding evidence from parents about a student’s “purported gender identity” or a request to transition if that identity “is incongruous with the student’s biological sex.”
Teachers that fail to call a parent could lose their certification. And parents can sue school districts that don’t provide them with that information.
Rep. Steve Kaiser, R-Phoenix, who is sponsoring the measure, said he is mainly targeting surveys given to students without the consent of their parents. He told members of the House Education Committee those questions can include personal information of families, such as how many guns there are at home and whether their parents get along.
But it was the language about keeping secrets — and the penalties against parents and schools — that caused some concern, even among some of the Republicans on the panel.
The sponsor said nothing in the legislation affects existing laws that require teachers and counselors to report suspected cases of child abuse to police and other authorities. But Rep. Joel John Arlington, said there may be situations where a student is just more comfortable confiding in a teacher with the admonition “please don’t tell my parents.”
Kaiser, however, said it is simple: If it doesn’t rise to the level of reportable abuse, then the parents should be notified, regardless of what is the issue.
Rep. Michelle Udall, R-Mesa, who teaches high school math, said she understands the desire to keep parents involved. She said, though, that it’s not that simple.
For example, she said, a student may come to her and say she is pregnant, information she has not disclosed to parents.
“My advice is always to talk to them,” Udall said. But she said she didn’t want to end up facing discipline if she didn’t immediately call the parent and instead gave the child some time to do it on their own.
But it was the question of things like sexual orientation and transgender that caused the most concern of some who testified against the measure.
