Exploring the Pros and Cons of North Carolina’s Parenting Bill of Rights

The controversial legislation in North Carolina’s General Assembly has been billed by some as protecting parents’ rights but is an attack on the LGBTQ community by others.

The legislation is one of 35 bills introduced in 14 states aimed at restricting teaching about LGBTQ issues or alerting parents to changes in their child’s identification, according to the Associated Press.

But what does North Carolina’s Parenting Bill of Rights say, which could be passed by Republican lawmakers this year? Here are some questions and answers about Senate Bill 49.

“Age-Appropriate Lessons”

The legislation states that “instructions on gender identity, sexual activity or sexuality will not be included in the curriculum provided in kindergarten through fourth grade classes.”

North Carolina Senator Amy Galey speaks on the Parents’ Bill of Rights legislation during a Senate Education Committee meeting Wednesday, February 1, 2023, in Raleigh, NC

For example, Republican Senator Amy Galey said some elementary school teachers read books about gender identity to their students. Galey, one of the bill’s main sponsors, said parents, not teachers, “are charged with raising their child in whatever way they see fit.”

The legislation does not prevent teachers from answering students’ questions about gender identity, sexual activity, or sexuality. But it’s unclear how comfortable a teacher would feel saying whether it becomes law. Galey said that with questions, the teacher could tell the students to talk to their parents.

Critics say the legislation is North Carolina’s version of Florida’s Don’t Say Gay law and would discriminate against LGBTQ families.

Parental notification about pronouns

The law requires schools to notify parents before making any changes to a student’s name or pronoun used on school records. This would apply to students of all grade levels.

The legislation includes an exception when “a reasonably circumspect person would believe that disclosure would result in the child becoming an abused youth or a neglected youth”.

Advocates say parents have the right to know if their children have questions about their gender identity or sexuality. But opponents say the notification provision could put LGBTQ students at risk by outing them to unsupportive parents.

Parental consent for surveys

The bill will require parental consent for school surveys that ask students questions about topics such as political beliefs, mental or psychological health, and sexual behavior.

Advocates say schools have been asking students overly invasive questions without asking parental permission. Critics say the change will result in schools missing out on important information on issues like mental health issues that affect students.

Parental review of materials

The legislation establishes procedures for parents to inspect and review “all textbooks and supplementary educational materials used in their child’s education.” Schools would have to make the materials available for parents to consult at school and on the school’s website.

The legislation provides a process whereby, if disputes are not resolved within 30 days, parents can file a complaint or request that the state school board appoint a hearing officer. The school district would bear the costs of the hearing officer.

What’s next?

The North Carolina Senate could approve the bill as early as Tuesday. The bill would then go to the State House for approval.

Democratic Gov. Roy Cooper is expected to veto the bill if it is approved by lawmakers.

There are enough Republican lawmakers to override Cooper in the Senate, but a Democrat would have to side with the Republicans in the House of Representatives to defeat a veto.

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