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By Gloria Gomez/UA Don Bolles Fellow
Teachers could face lawsuits from parents and potential criminal charges under proposed legislation that adds penalties to violations of Arizona’s parents’ bill of rights.
State law already protects the rights of parents to raise their children, but it doesn’t include recourse for parents who feel their rights have been violated. That would change if Senate Bill 1049 becomes law. The measure would give parents the ability to sue teachers and school districts for alleged violations, and anyone found in violation assigning a class 2 misdemeanor to anyone found in violation.
It also empowers the attorney general to take schools to court and could result in fines for up to $5,000.
The proposal comes amid conservative backlash against public schools over masking policies and allegations that “critical race theory” is being taught, although this bill doesn’t actually ban either. What it does do is add legal deterrents to already agreed on violations like performing surgery on children without parental consent or denying records releases. The rights to make decisions about the moral, educational and health care needs of children are all generally protected, unless other laws overrule them, as in the case of mask mandates.
Speaking Feb. 10 at a meeting of the Senate Judiciary Committee, Sen. Kelly Townsend, R-Mesa, said that without penalties her bill provides, parental rights exist in name only. She rejected an attempt by Committee Chairman Warren Petersen, R-Gilbert, to remove the criminal penalties to help boost support for the bill in the full Senate, saying teachers and schools should be held accountable.
“Without teeth, it’s just a suggestion,” she said, before adding that she was open to discussing the issue further at a later date.
