Bill on parental rights going to session

CASPER — In August, lawmakers on the Joint Education Committee shot down a controversial ban on the “instruction” of gender identity and sexual orientation in Wyoming’s K-3 classrooms. 

For some conservative lawmakers and parents, it was a blow. 

But at the same time that the panel rebuffed Wyoming’s own version of a “Don’t Say Gay” law modeled after Florida’s, it also advanced the rest of a proposal to expand “parental rights” in education. 

After some debate, that draft bill is now heading to the 2024 legislative session. 

The Joint Education Committee voted by a 10-4 margin Nov. 14 at its hearing in Cheyenne to advance new rules that would require school districts to report to parents or guardians if their student’s “physical, mental or emotional health or well-being” changes. 

“What we’re trying to do here is provide a pathway for parents who want to be involved and want to be involved in a more direct way,” said Rep. Martha Lawley, R- Worland. 

In requiring parental notification from school districts, the bill would “reinforce the fundamental right of parents to make decisions regarding the care and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his well-being with his parent or guardian or to facilitate discussion with the parent.” 

School districts would also be barred from doing anything to “encourage or have the effect of encouraging” a student to keep information about their health and well-being. 

Though the proposal emphasizes notification, it would also allow parents to more closely scrutinize and control their child’s health while at school, a significant step for those who argue parents should have absolute authority over their students. 

As it stands, districts would have to share every health care service they offer with parents at the start of each school year, allowing them to opt out of any or all of them. 

Before giving students a health screening or questionnaire, schools would also have to get permission and provide them to parents. 

Sen. Bo Biteman, R-Ranchester, said the legislation was meant to address situations like the ongoing lawsuit against Sweetwater County School District No. 1 in which two parents alleged that the district concealed their child’s requests to use a male name and pronouns and affirmed their child’s transgender identity without their knowledge. 

Several parents and groups spoke in support of the bill, including the Wyoming Republican Party. Kathy Scigliano, a Laramie County mother, said that parents were simply looking for more involvement and communication from schools. 

“We just want a phone call. That’s all it takes,” she said. “Let us be partners with the districts.” 

It was that sentiment of strengthening collaboration between schools and parents that proponents on the Joint Education Committee highlighted in explaining the need to further empower parents and dictate how school districts work with them. 

“In terms of improving the quality of the education the child gets, that’s maximized when you have a real partnership between the school district and its people and the parents,” said Sen. Charlie Scott, R-Casper, the chair of the Senate Education Committee. 

Despite support from a number of parents, lawmakers and Wyoming Superintendent of Public Instruction Megan Degenfelder, the proposal was met with unease by school administrators and staff. 

Ryan Thomas, the superintendent of Uinta County School District No. 1, said parts of the bill overlapped with standing state and federal laws, including the Family Educational Rights and Privacy Act, muddying the picture for districts as they try to meet all state and federal requirements. 

Rep. David Northrup, R- Powell, the chair of the House Education Committee, proposed a series of amendments that aimed to address potential conflicts between the draft and other laws, but Thomas also questioned the necessity of the bill. 

“Our district already has policies in place that allow safeguards and due process for parents,” he said. “[They’re] very specific and we follow them to the letter.” 

Thomas added that Uinta County School District No. 1 continues to protect the rights of parents, listening and working together with them to address their needs and concerns. 

“When we have a disciplinary situation that’s serious, we always communicate with the parents with the student there, and we all always develop a plan with the student there and the parent,” he said. “Because again, we’re partners with those parents.” 

The concerns of school districts were augmented by lawmakers on the committee. 

Sen. Chris Rothfuss, D-Laramie, said the bill would strengthen parental rights at the cost of students, the older of whom have “autonomy.” 

Rep. Landon Brown, R-Cheyenne, expressed dismay that the panel was trying to “legislate for every single situation,” only complicating things for school administrators and staff. 

“We’re attempting to do everything in our power to try to give parents their rights, to make sure that they’re codified. But nobody wants to take on that responsibility of a teacher, except the teachers. Nobody wants to take on that responsibility of being an administrator, except the administrators,” Brown said.

“So when we sit here and we start hog tying these individuals on what they can and can’t report or can and can’t say to the student or anything like this, it becomes a very, very gray area in law regardless of how many words we try to put into the law to make it clear.” 

Even among advocates of expanding parental power, some argued that the state shouldn’t intervene and should instead leave the issue to local school boards. 

“I don’t necessarily trust all of you to make the law, as this law has been written and gutted,” said Mary Schmidt, a Natrona County School District No. 1 trustee. “I think we can do it ourselves, and I think it’s ultimately our job as a trustee to write the policies to protect those parental rights.” 

Despite the clear belief of several lawmakers that the bill would make a difference for Wyoming parents, Lindsay Adam, a Pinedale teacher, cautioned that it would have little practicable effect. 

“Will it make parents feel better? Maybe,” she said. “Will it change what most good school districts are already doing? Probably not.”