Community is what makes schools work. Outside of the dedicated teachers and school staff, volunteers and PTA members run school events, help to put on practices, games and plays. These volunteers are exactly that—people who expect nothing in return but show up when their community needs them. However, SB 272, being considered by the full House this week, could cause these well-intentioned community members to be stuck in between reporting on a student they may barely know, or facing a lawsuit. All individuals who work, volunteer or act on behalf of a school should be aware of SB 272.
SB 272 purports to establish a parents’ bill of rights in education. In doing so, it requires all “school or school personnel” to “truthfully and completely” inform a parent who inquires about a child’s expression of gender or nickname at school, and any clubs, extracurricular activities, or organizations their child participates in. The bill defines “school personnel” to include “any teacher, administrator, employer, or other individual acting in furtherance of or on behalf of any school.” And if a “school” or “school personnel” violates the law, they can be sued personally.
Just in case you think this does not include you, you might want to think again. Let’s be clear about who the bill is referring to when it talks about any “other individual acting in furtherance of or on behalf of any school.” It refers to school staff members who may be trusted with sensitive personal or medical information, including guidance counselors, school psychologists, school social workers and support specialists such as nurses, and physical, occupational and speech therapists.
It refers to other staff such as custodians, cafeteria workers or a vendor who supplies something to the schools. It also refers to individuals who come to the school to put on an assembly or provide school enrichment. And it refers to volunteer chaperones at school events, PTA volunteers, or even a child’s grandparent who may on occasion read to a class. It may even refer to judges, politicians or the Governor who might come to speak to kids or present at a graduation ceremony.
Under the language in the bill, this list is certainly not exhaustive. Schools serve as community hubs and we can all likely come up with our own list of people we know who act in furtherance of or on behalf of a school.
No one should be forced to “out” a student to their parents. These conversations are best left between parents and their children. But if this bill passes, the next time community members sign up to help with the class Valentine’s Day party, they will be put at risk. The next time they are asked to volunteer at a game, or a show, or at a class party, they will have to ask themselves whether volunteering in that capacity is worth being sued and worth potentially losing their child’s college fund or their home.
Our PTAs and our school volunteers deserve our praise, not lawsuits; and our children who attend our neighborhood public schools deserve a safe and welcoming place to attend school every day. SB 272 puts both of those at risk.
Proponents of the bill say the bill is not so bad because at least it does not impose criminal liability or, if you are a teacher, school nurse or counselor, loss of license. Really it just means you could lose your child’s college fund or your home. That’s not so bad, right?
Rep. Alicia Gregg represents Nashua Ward 7 in the NH House of Representatives.
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