With the North Carolina legislature passing legislation in August to limit LGBTQ+ instruction in early grades and establishing a “Parents’ Bill of Rights” framework for public education, local districts are now figuring out how to implement those changes.
In Chapel Hill-Carrboro City Schools, the board of education recently took its first reading of policy changes to comply with the new law – and ultimately suggested the district do things its own way.
During the elected body’s meeting on November 2, board members saw proposed changes to their existing policies that reflected required language included in Senate Bill 49. The measure – which a Republican majority of lawmakers overrode Governor Roy Cooper’s veto to make law – aims to establish more privileges for parents to be involved in their child’s classroom instruction, as well as access to things like educational and medical records.
Opponents of the measure point to requirements banning classroom instruction on gender identity, sexual activity, and sexuality in kindergarten through fourth grade classes. The law uses similar language in a string of other measures dubbed “Don’t Say Gay” legislation meant to suppress or malign LGBTQ+ students.
During the meeting, Board of Education Attorney Eva Dubuisson said that part of the policy discussion happening across the state is caused by a lack of definitions in the approved bill. She said there’s no clear defining of what “gender identity, sexual orientation, or sexuality” mean in a legal manner – and that their ban in “curriculum” isn’t outlined either.
From left to right: CHCCS Board of Education members Rani Dasi, Mike Sharp, Riza Jenkins, and Superintendent Nyah Hamlett listen to attorney Eva Dubuisson during a meeting on November 2, 2023.
“Senate Bill 49 says ‘such instruction cannot be included in the curriculum in kindergarten through fourth grade,’” Dubuisson read. “Curriculum is defined rather broadly to include the standard course of study, support materials, textbooks, supplementary materials. We have added language here to clarify that books sitting in a library or on a bookshelf are not part of the curriculum, that’s not ‘instruction.’ And the staff have added a definition of “classroom instruction” here…because this is a new concept. If the curriculum includes supplementary materials, what isn’t part of the curriculum? So, we’re trying to draw that line.”
The law also requires for schools to notify parents when educational staff are using a different name or pronouns for their students – which opponents say could harm LGBTQ+ students whose parents are unaware of their gender identity.
It didn’t take long in the board members’ review, however, to share their opposition to the measures. Board chair Rani Dasi said she has been struggling to move ahead with the “ridiculous” anti-LGBTQ+ components, while Deon Temne said he believes the system of control in the Parents’ Bill of Rights could “create a monster.”
Board Member George Griffin said he believes his colleagues should simply not move forward with the policies. He described the measures that affect LGBTQ students as “discriminatory, mean-spirited, [and] hostile.”
“I’m wondering,” said Griffin, “if we could just tease out parts of it that fit that [anti-LGBTQ+] criteria and just say, ‘We’re not going to do this,’ and pass a support bill. I don’t really even want to participate in a discussion if the group thinks that what we’re trying to do is make discrimination more palatable or okay – because it’s just not.”
The approved state law says if a parent believes the school is not being prompt with its “health and wellness” notifications for students – or forthcoming with medical records – they could file complaints to the district and then the state Board of Education. The state government’s punishment is not yet defined, but legal recourse would be possible even before then.
The Chapel Hill-Carrboro City Schools district covers two towns that received perfect scores from the Human Rights Campaign in its 2022 Municipality Equality Index, which measures local governments’ inclusivity efforts. (Photo via the Town of Chapel Hill.)
Since the board makes no decisions in its first readings of policy and only gives feedback, Board Member Mike Sharp suggested that his colleagues send the proposals back to the drawing board.
“What I’m hearing is,” he said, “that we’re all in agreement on our feelings on this. I think a logical next step then would be to send this back to the policy committee with a clear directive from us that says: take out the parts of this that are harmful to children, re-write it, ignore whether you’re breaking SB 49.
“Then,” Sharp added, “the committee feels empowered to do that knowing the board is behind them.”
The rest of the board, including Chair Dasi, agreed.
“I think I support that,” she said, “because our job as the board is to keep [students] safe. If somebody told us to set a building on fire, we wouldn’t set policy to have a water hose… we would not set the building on fire.
“We certainly want to be compliant to law,” Dasi continued, “but I think about what our community has put us in place to do, it’s about the children and safety.”
Looking ahead, Dubuisson said the responsibility falls to the state Board of Education for developing a template for a physical parent handbook about the ways they’re allowed to hold sway over students’ education. She said districts will then fill out that template with more local information before distributing it in the new school year. In the meantime, CHCCS has a web page set up explaining the Parents’ Bill of Rights legislation on the district’s website.
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Q? How is it that an elected School board has the power to disregard a State Legislature?
Please clarify that your disagreements will be taken to the State Legislature & not take opposing actions against them without authority.
The Chapel Hill school board are communists that is why they can do it.