Legislation – Family Council

Family Council Submits Comments Supporting ADE Rules to Protect Student Privacy at School, On Overnight Trips

Apr 25, 2024Jerry CoxLegislationArkansas Legislature, Privacy

On Wednesday Family Council submitted public comments supporting the Arkansas Department of Education’s new rules protecting student’s physical privacy at public schools and on overnight school trips.

Last year Gov. Sanders signed Act 317 by Rep. Mary Bentley (R – Perryville) and Sen. Dan Sullivan (R – Jonesboro) protecting privacy in public school locker rooms, showers, restrooms, changing areas, and similar facilities.

The law requires public schools to designate these facilities for “male” or “female” use.

It also addresses sleeping accommodations for students on overnight school trips — something that has been a serious problem for students in other states.

The Department of Education’s new rules will act as executive policies to help ensure Arkansas’ public schools are properly following Act 317.

Below is a copy of the comments we submitted to the Arkansas Department of Education on Wednesday:

I am writing to express Family Council’s support for the DESE Rule Governing Public School Policies Relating to Overnight Travel and Use of Public-School Lavatories. The language in the rules is consistent with Act 317 of 2023, a law Family Council supported during the 94th General Assembly. The rules adequately address public school policies concerning the designation of shower rooms, changing areas, restrooms, locker rooms, and similar facilities at public schools. They also properly address sleeping accommodations for students on overnight school trips.

According to a demand letter by attorneys at Alliance Defending Freedom, in June of 2023, the Jefferson County Public Schools in Colorado assigned two girls to share a hotel room with a male student during a school-sponsored, overnight trip for fifth-graders to Philadelphia and Washington, D.C. This decision jeopardized the physical privacy and safety of the students and caused them unnecessary stress. DESE’s proposed rules promulgated in accordance with Act 317 will help ensure that students in Arkansas do not encounter a similar situation.

Boys and girls deserve privacy when they shower, sleep, change clothes, or use the restroom at school or on a school trip. These rules promulgated in accordance with Act 317 will protect the physical privacy and safety of public school students. We fully support the rules and look forward to their implementation.

Every student has a right to physical privacy and safety at school and on school-sponsored trips.

Public school students’ school records are protected by law, because we value student privacy. A student’s physical privacy should be just as important.

Act 317 helps protect the physical privacy of public school students in school showers, locker rooms, restrooms, and similar facilities on campus, and it helps protect physical privacy and safety on overnight trips.

Family Council was pleased to support Act 317. We are grateful to the General Assembly for passing Act 317, we are grateful to Gov. Sanders for signing it into law, and we are grateful to the Arkansas Department of Education for promulgating good rules to implement it.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

Arkansas Department of Education Accepting Public Comments on Rules Protecting Student Privacy

Apr 1, 2024Jerry CoxLegislationArkansas Legislature, Privacy

The Arkansas Department of Education is accepting public comments on newly proposed rules protecting the physical privacy of public school students.

The law requires public schools to designate these facilities for “male” or “female” use.

It also addresses sleeping accommodations for students on overnight school trips — something that has been a serious problem for students in other states.

The Department of Education’s new rules would act as executive policies to help ensure Arkansas’ public schools are properly following Act 317.

Every student has a right to physical privacy and safety at school and on school-sponsored trips.

Public school students’ school records are protected by law, because we value student privacy. A student’s physical privacy should be just as important.

Family Council was pleased to support Act 317. We are grateful to the General Assembly for passing Act 317 and to the Arkansas Department of Education for promulgating rules to implement it.

Family Council’s team is reviewing the proposed rules, and we intend to offer public comments on them later this month.

You Can Read a Copy of the Proposed Rules Here.

Lawsuit Filed to Block Arkansas Law Protecting Students From CRT, Explicit Sexual Material

Mar 26, 2024Jerry CoxLegislationArkansas Legislature, Sex Ed

A federal lawsuit filed Monday would block the State of Arkansas from enforcing a section of the 2023 LEARNS Act protecting public school students from Critical Race Theory and explicit sexual material at school.

Act 237 of 2023 is a comprehensive education law by Sen. Breanne Davis (R – Russellville) and Rep. Keith Brooks (R – Little Rock) titled “The LEARNS Act.”

The law deals with issues such as Critical Race Theory, teacher salaries, public school employment, early childhood care, and protecting elementary school children from inappropriate sexual material at school.

It also provides a blueprint for implementing a voluntary school choice program that would make it possible for students to receive a publicly-funded education at a public or private school or at home.

The federal lawsuit filed Monday specifically challenges Section 16 of the LEARNS Act, which does the following:

Section 16 requires the Arkansas Secretary of Education to review all policies to be sure that indoctrination — including critical race theory — is prohibited and that no public school employee or public school student is required to attend training or orientation that is based on Critical Race Theory or other prohibited indoctrination.
Section 16 requires each public school to implement a child sex abuse and human trafficking prevention program that is age appropriate and complies with Arkansas Department of Education standards.
Section 16 prohibits sexual material in classroom instruction before fifth grade. This includes instruction regarding sexual intercourse, sexual reproduction, sexual orientation, and gender identity.

You can download a copy of Section 16 here.

Under Section 16 of the LEARNS Act, sex education is prohibited in Kindergarten and early elementary school. In later grades, sex education must be conducted according to other state laws—including other Arkansas laws that prohibit explicit, “comprehensive” sex education. Altogether, Section 16 makes significant improvements to Arkansas sex education laws.

The lawsuit focuses on the LEARNS Act’s effect on AP African American Studies at Central High School in Little Rock.

However, the lawsuit asks the federal court to declare Section 16 of the LEARNS Act unconstitutional and block the State of Arkansas from enforcing it.

If a federal court blocked all of Section 16 as the lawsuit requests, that presumably would include the parts of the law protecting public school students from explicit sexual material in the classroom.

You Can Download a Copy of the Lawsuit Here.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.