Arizona House OKs bill requiring teachers to disclose student confidences

PHOENIX — The Arizona House voted 31-28 Thursday to require teachers to tell parents some of what their students disclose in confidence, or risk being disciplined.

House Bill 2161, approved on a party-line vote in the GOP-led chamber, would spell out in state law that teachers and other school employees “may not interfere with or usurp the fundamental right of parents to direct the upbringing, education, health care and mental health of their children.’’

Parents would have access to everything from attendance and counseling records to teacher and counselor evaluations and any email accounts.

It also would spell out that teachers cannot withhold or conceal information from parents about a student’s physical, emotional or mental health. It would be illegal to encourage or help a student to keep that information from a parent.

That is all meant to ensure parents know everything going on with their children, said Rep. Steve Kaiser, R-Phoenix, the sponsor.

Lawmakers decided to exempt situations where a student shows up at school with bruises and there are questions about possible abuse.

Rep. Kelli Butler, D-Paradise Valley, said the absolute requirement for disclosure of everything else is not a good idea.

“We don’t understand what every family situation is like in the state,’’ Butler said. There may be things students don’t feel they can share with their parents but want to discuss with a teacher, she said.

“This would prevent that teacher from being able to provide help for that students,’’ she said. “And I think that’s really dangerous.’’

Kaiser attempted to insert penalties against teachers who withhold information, up to the possibility of a finding of “unprofessional conduct,’’ a civil penalty of $1,000, and the possibility of suspension or dismissal. But he told Capitol Media Services Thursday he had to remove the penalties to get the necessary votes.

The remaining provisions would allow teachers to be subject to discipline, but in exactly what form is not spelled out, Kaiser said.

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Rep. Pamela Powers Hannley, D-Tucson, called the measure “vague, broad, duplicative and unnecessary.’’

“We should be fostering collaboration and not division in our schools,’’ she said.

But Rep. John Fillmore, R-Apache Junction, said the objections are based on a flawed premise about the role of schools and teachers.

“This bill just underscores that the parents have the ultimate responsibility for teaching a lot of what their children should be thinking about on a lot of moral, ideological or spiritual items,’’ he said.

He contended teachers “have forgotten they’re there to teach.’’

“Teachers feel now that they’re psychologists, psychiatrists,’’ Fillmore said. “The children are not the property of the state, the children are not the property of the teachers.’’

Kaiser had to do more than remove the penalties.

To get the necessary support, he also took out language that 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.’’

Opponents said that would harm the ability of students with questions about gender identity, who feel they can’t speak with their parents about it, to get some answers or guidance from teachers.

The measure now goes to the Senate.