Arizona Senate: Parents may sue teachers for 'usurping' their rights

PHOENIX — The Arizona Senate voted Monday to allow parents to sue teachers and other government officials if they “usurp’’ parents’ “fundamental right to direct the upbringing, education, health care and mental health of their children.’’

The 16-12 vote in the Republican-led chamber came over the objections of several Democrats.

“The language is not clear at all,’’ said Sen. Christine Marsh, D-Phoenix, who also is a teacher, quoting from the measure, House Bill 2161.

“That entire quotation is so incredibly vague that anything could potentially qualify for it, meaning that we might have a whole bunch of teachers going to court over this,’’ she said.

Marsh noted this new restriction would come even as the state faces a teacher shortage, with about 2,000 classrooms across the state headed by someone who is not a certified educator.

No one spoke Monday in favor of the measure, which was written by Rep. Steve Kaiser, R-Phoenix, and previously approved by the House.

But Kaiser, to get that prior House approval, removed one provision. It would have required teachers to share with parents a student’s purported gender identity or “requested transition’’ if the child identifies in a way that is “incongruous with the student’s biological sex.’’

Kaiser earlier told the House Education Committee that the bill underlines and gives teeth to existing requirements ensuring parents have access to various records, grades and test scores.

When students are given various assessments and surveys, the proposed legislation spells out that these would first need to be sent to parents at least seven days ahead.

Kaiser said some of those get into personal areas, like whether there are firearms at home and whether the parents get along with each other.

Split results on two other school bills

By the same 16-12 party-line vote Monday, the Senate also approved House Bill 2439.

It spells out that beginning in 2023, school boards would have to adopt procedures for parents to access the school’s library collection of available books and materials.

It also says parents are entitled to get a list of all books and materials that their children borrow from the library.

Sen. Martin Quezada, D-Glendale, said there’s a simpler way to deal with this other than passing another law that could penalize school staff.

“The best way to find out what your kid is reading in school or what they’re checking out from the library is just to talk to them,’’ he said.

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“If you can’t establish that relationship with your own child and they don’t want to tell you what they’re reading, then that’s emblematic of a bigger problem, not the fact that the school isn’t telling you,’’ Quezada said. “That’s a problem between you and your child.’’

Sen. Raquel Teran, D-Phoenix, said the measure is overkill and will just create additional work. She pointed out there already are various laws protecting the rights of parents to access information about their children.

That same concern resulted in the defeat of a related measure Monday in the House.

Senate Bill 1211 sought to mandate that each school district and charter school post on its website a list of learning materials and activities used for student instruction.

Several Democrats spoke against the measure, including Rep. Jennifer Pawlik, D-Chandler, who said it would create a burden.

“You’ve got to understand that this bill will require teachers to post every single item that they use in every single lesson every single day,’’ she told colleagues.

Its defeat came because Rep. Joel John, R-Arlington, parted ways with all other House Republicans who voted in support.

“I’ve got a laundry list of statutes’’ on the rights that parents already have,’’ he said, ranging from the ability to publicly review courses of studies and textbooks to public access to school policies and curriculum.

“I think this bill frankly goes too far and puts too many extra burdens’’ on teachers, said John, who has been a teacher. “Teaching already is a low-paying, thankless job, lots of work, lots of worry. How do I know? I’ve been there.’’

Other Republicans, however, didn’t see it that way.

“It does take extra work,’’ conceded Rep. Michelle Udall, D-Mesa, who also is a teacher. She suggested lawmakers might want to consider an additional stipend for educators to do the posting.

But Udall said she does not consider what’s in the measure “overly burdensome.’’

Rep. Teresa Martinez, R-Casa Grande, argued that the disclosure is necessary. She said students are presented with lesson plans and questions about whether they believe they are “normal’’ if they have sexual fantasies, or about whether they masturbate.

“I do not require these schools in the state of Arizona to teach sexuality to my child,’’ Martinez said.

“I need them to teach reading, writing, science and history,’’ she continued. “Children belong to their parents, and their parents are responsible for the morality that they choose for their child.’’

After the measure fell one vote short of the majority — that of John — another lawmaker made a procedural motion to allow it to be reconsidered at a future date. But that would require John to change his mind unless one of the House Democrats agrees to go along.