The Arkansas Department of Education is accepting public comments on newly proposed rules protecting the physical privacy of public school students.
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.
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.
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 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.
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.
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.
Above: Family Council staff member Erin Hogan (left) and Rep. Julie Mayberry testify in committee.
The Arkansas Legislature is in recess until sine die at the beginning of May. This means the 2023 session effectively is finished.
Below is a rundown of the primary bills we tracked and worked on during the 2023 legislative session.
Good Bills Passed This Year
H.R. 1010 (Pro-Life): This good resolution by Rep. Cindy Crawford (R – Fort Smith) recognizes the vital role of pregnancy help organizations in Arkansas. Read The Resolution Here.
S.B. 286 (Pro-Life): This good bill by Sen. Scott Flippo (R – Bull Shoals) and Rep. Lane Jean (R – Magnolia) authorizes $1 million in state-funded grants for crisis pregnancy centers, maternity homes, adoption agencies, and social services agencies that provide material support to women with unplanned pregnancies. See How Your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
S.B. 446 (Pro-Life): This good bill by Sen. Joshua Bryant (R – Rogers) and Rep. Kendon Underwood (R – Cave Springs) expands the law that lets cities, counties, and other political subdivisions of the state pass resolutions affirming that they are Pro-Life. See How Your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
S.B. 452 (Pro-Life): This good bill by Sen. Ben Gilmore (R – Crossett) and Rep. Mindy McAlindon (R – Centerton) amends the legislative declarations in the Arkansas Family Planning Act of 1973. The bill deletes legislative findings in state law that claim, “Continuing population growth either causes or aggravates many social, economic, and environmental problems, both in this state and in the nation,” and that “[c]ontraceptive procedures, supplies, and information as to and procedures for voluntary sterilization are not sufficiently available as a practical matter to many persons in this state.” See How Your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
S.B. 463 (Pro-Life): This good law by Sen. Ben Gilmore (R – Crossett) and Rep. Mindy McAlindon (R – Centerton) clarifies that the State Medical Board will revoke the license of a physician who violates Arkansas’ laws against abortion-inducing drugs. This will help ensure Arkansas has strong penalties for dispensing illegal abortion drugs in the state. See How Your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
S.B. 466 (Pro-Life): This good bill by Sen. Jim Dotson (R – Bentonville) and Rep. Sonia Barker (R – Smackover) says that a public school or open-enrollment public charter school shall not knowingly enter into any type of transaction with an individual or entity that offers or provides abortion referrals. This will help keep public schools from contracting with organizations like Planned Parenthood in Arkansas. See How Your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
S.B. 542 (Pro-Life): This good law by Sen. Missy Irvin (R – Mountain View) and Rep. Lee Johnson (R – Greenwood) clarifies that a physician must perform an ultrasound before referring a woman to an abortionist. Studies indicate women are less likely to choose abortion after seeing their child on an ultrasound screen. Currently, doctors in Arkansas are able to refer women to abortionists out of state. Federal law generally prevents state legislatures from prohibiting these abortion referrals altogether, but S.B. 542 will help restrict these abortion referrals and let women see an ultrasound image of their unborn child. Arkansas Right to Life was the lead pro-life proponent of this good bill. Family Council was proud to support their efforts. See How Your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
H.B. 1786 (Pro-Life): This good bill by Rep. Aaron Pilkington (R – Knoxville) and Sen. Clint Penzo (R – Springdale) specifies that abortions performed to save the life of the mother must take place in a hospital or emergency room. This bill will help clarify Arkansas’ restrictions on abortion, and it will protect women’s health by ensuring that any abortion performed to save the mother’s life takes place in a facility that is properly equipped to handle medical emergencies. See How Your Representative Voted Here. See How Your Senator Voted Here. Read The Bill Here.
H.R. 1021 (Home Schooling): This good resolution by Reps. Cameron Cooper (R – Romance), Delia Haak (R – Siloam Springs), Wayne Long (R – Bradford), and Mindy McAlindon (R – Centerton) recognizes the fact that home schooling provides educational flexibility and benefits to more than 30,000 students in Arkansas. Read The Resolution Here.
Act 274 / S.B. 199 (Protecting Children): This good law by Sen. Gary Stubblefield (R – Branch) and Rep. Mary Bentley (R – Perryville) lets a child who undergoes a sex-change procedure sue the healthcare provider who performed the procedure if the child suffers any physical, psychological, or emotional injury as a result. See How your Senator Voted Here. See How Your Representative Voted. Read The Bill Here.
Act 237 / S.B. 294 (Education): This omnibus education law by Sen. Breanne Davis (R – Russellville) and Rep. Keith Brooks (R – Little Rock) titled “The LEARNS Act” deals with critical race theory, teacher salaries, public school employment, early childhood care, and protecting elementary school children from inappropriate sexual material at school, and it provides a framework 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. See How Your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
Act 317 / H.B. 1156 (Privacy): This good law by Rep. Mary Bentley (R – Perryville) and Sen. Dan Sullivan (R – Jonesboro) addresses privacy in public school locker rooms, showers, restrooms, changing areas, and similar facilities by requiring public schools to designate these facilities for “male” or “female” use. See How Your Representative Voted Here. See How Your Senator Voted Here. Read The Bill Here.
S.B. 66 (Pornography): This good law by Sen. Tyler Dees (R – Siloam Springs) and Rep. Mindy McAlindon (R – Centerton) requires pornographic websites to use a government-issued ID or a commercially available age verification method to protect children from pornography. See How Your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
S.B. 396 (Social Media): This good bill by Sen. Tyler Dees (R – Siloam Springs) and Rep. Jon Eubanks (R – Paris) requires social media companies to verify users’ ages, and it prohibits them from letting minors access the social media platform without parental consent. See How Your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
S.B. 270 (Sexual Indecency): This good bill by Sen. John Payton (R – Wilburn) and Rep. Cindy Crawford (R – Fort Smith) clarifies that an adult commits sexual indecency if the adult enters and remains in a changing area where a child of the opposite sex is present. See How Your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
S.B. 361 (Education): This good bill by Sen. Matt McKee (R – Pearcy) and Rep. Cameron Cooper (R – Romance) makes it easier for home schoolers to participate in an interscholastic activity in a neighboring school district if their local district doesn’t offer the activity. It also clarifies requirements about enrollment in public school classes and about the waiting period for student athletes who withdraw from a public school to start home schooling. See How Your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
H.B. 1559 (Education): This good bill by Rep. Mindy McAlindon (R – Centerton) and Sen. Kim Hammer (R – Benton) prohibits schools from requiring employees to participate in implicit bias training or training designed to expose an individual to biases or attempt to use the training to change the employee’s point of view. See How Your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
H.C.R. 1005 (Religious Freedom): This good measure by Rep. Mary Bentley (R – Perryville) and Sen. Gary Stubblefield (R – Branch) declares January 16, 2023, “Religious Freedom Day” in Arkansas. Read The Measure Here.
H.B. 1615 (Religious Freedom): This good bill by Rep. Robin Lundstrum (R — Elm Springs) and Sen. Gary Stubblefield (R — Branch) makes important clarifications to the state Religious Freedom Restoration Act that helps safeguard the ability of religious people and religious organizations to operate according to their deeply held convictions. See How Your Representative Voted Here. See How Your Senator Voted Here. Read The Bill Here.
S.B. 358 (Marijuana): This good bill by Sen. Tyler Dees (R – Siloam Springs) and Rep. Jimmy Gazaway (R – Paragould) would prevent Delta-8 THC from being manufactured via industrial hemp, and it would place Delta-8, Delta-9, and Delta-10 THC on the list of controlled substances in state law. See How Your Senator Voted Here. Read The Bill Here.
Good Bills That Failed to Pass This Year
H.B. 1006 (Abortion): This good bill by Rep. Aaron Pilkington (R — Knoxville) would require an employer that covers abortions or travel expenses related to abortions to also provide 12 weeks of paid maternity leave to employees in Arkansas. See How Your Representative Voted Here. Read The Bill Here.
S.B. 261 (Pro-Life): This good bill by Sen. John Payton (R – Wilburn) and Rep. Delia Haak (R – Siloam Springs) lets a person claim an unborn child as a dependent for income tax credit purposes. Read The Bill Here.
H.B. 1428 (Education): This good bill by Rep. Cameron Cooper (R – Romance) and Sen. Matt McKee (R – Pearcy) ensures that public, private, and home schooled students have equal access to college and career readiness assessments offered at public schools in Arkansas, and that students with disabilities receive appropriate accommodations when taking these exams. Read The Bill Here.
H.B. 1698 (Education): This good bill by Rep. Harlan Breaux (R – Holiday Island) would have affirmed that public schools may establish released time for students to travel off campus for religious instruction. Read The Bill Here.
H.B. 1738 (Education): This good bill by Rep. Mindy McAlindon (R – Centerton) and Sen. Gary Stubblefield (R – Branch) would have required schools to be more transparent regarding curricula by affirming that parents have the right to examine all materials being used in the classroom. Read The Bill Here.
Bad Bills Passed This Year
Act 34 / H.B. 1024 (Public Drinking): This law by Rep. David Ray (R – Maumelle) and Sen. Matt McKee (R – Pearcy) would let cities and towns that do not collect advertising and promotion taxes on hotels and restaurants establish entertainment districts where public drinking is legal. This would let communities authorize public drinking in entertainment districts even if the community does not cater toward hospitality and tourism. That has the potential to expand public drinking in Arkansas. Read The Bill Here. See How Your State Senator and State Representative Voted Here.
Act 162 / S.B. 138 (Abortion): This bad law by Sen. Missy Irvin (R – Mountain View) and Rep. Rebecca Burkes (R – Lowell) repeals abortion facility licensing requirements in state law. Arkansas’ abortion facility licensing requirement is tied to other provisions related to abortion in state code. Repealing the licensing requirement could have unintended consequences for those good laws if abortion were once again made legal by a state or federal court decision or law. See How your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
Act 334 / H.B. 1498 (Alcohol): This bad law by Rep. Matt Brown (R – Conway) and Sen. Missy Irvin (R – Mountain View) would expand alcohol at microbrewery-restaurant private clubs and let municipalities authorize public drinking in entertainment districts outside microbrewery-restaurant private clubs. See How Your Representative Voted Here. See How Your Senator Voted Here. Read The Bill Here.
Act 439 / H.B. 1349 (Gambling): This bad bill by Rep. David Ray (R – Maumelle) and Sen. Jim Dotson (R – Bentonville) legalizes paid “esports tournaments” in Arkansas. The bill has been heavily amended, but it still does not adequately prohibit wagering at casinos on esports tournaments. See How your Representative Voted Here. See How Your Senator Voted Here. Read The Bill Here.
S.B. 475 (Alcohol): This bad bill by Sen. Joshua Bryant (R – Rogers) amends Arkansas’ law regarding alcohol sales via vending machine. The bill authorizes self-serve machines that dispense beer, wine, mixed drinks, and distilled spirits for on-premises consumption in bars and restaurants. See How Your Senator Voted Here. See How Your Representative Voted Here. Read The Bill Here.
Bad Bills Defeated This Year
H.J.R. 1008 (Abortion): This bad amendment by Rep. Deborah Ferguson (D – West Memphis) would amend the Arkansas Constitution to recognize a fundamental right to abortion. Read The Amendment Here.
H.B. 1684 (Abortion): This bad bill by Rep. Denise Garner (D – Fayetteville) would permit abortions performed to protect the health of the mother. Over the decades, courts have interpreted health exceptions like the ones in H.B. 1684 very broadly. As a result, adding this kind of vague exception to a pro-life law makes it much easier to justify abortion and can effectively permit abortion on demand. Read The Bill Here.
H.B. 1670 (Abortion): This bad bill by Rep. Ashley Hudson (D – Little Rock) would weaken Arkansas’ pro-life laws by creating an exception for abortion in cases of incest. Rape and incest are evil, and any woman who is a victim of rape or incest is a victim in every sense of the word. However, legislation like H.B. 1670 fails to acknowledge that the unborn child is totally innocent. An unborn boy or girl has no control over how he or she was conceived. These are living human beings. It is not right to kill an unborn baby because the baby’s father was a rapist or committed incest. Read The Bill Here.
H.B. 1301 (Abortion): This bad bill by Rep. Nicole Clowney (D – Fayetteville) would legalize abortion in cases of “fetal abnormality incompatible with life.” The bill does not define what is or is not a “fetal abnormality.” It is not clear how a federal judge might interpret this language. Unborn children should not be aborted simply because a doctor thinks they may be at risk for a fetal abnormality. Family Council strongly opposes this bill — and any other bill that would weaken our state’s pro-life laws. Read The Bill Here.
H.B. 1174 (Fetal Homicide and Wrongful Death): This bill by Rep. Richard Womack (R – Arkadelphia) changes Arkansas’ fetal homicide law and wrongful death statute. Among other things, the bill makes it possible to prosecute or sue a woman for the death of her unborn child. It is unclear how a court might interpret and enforce this bill in light of Arkansas’ laws prohibiting abortion. Read The Bill Here.
H.B. 1605 (Marijuana): This bad bill by Rep. Jeremiah Moore (R – Clarendon) and Sen. Joshua Bryant (R – Rogers) would legalize Delta-8 THC and other dangerous drugs made from cannabis under the state’s industrial hemp law. Read The Bill Here.
S.J.R. 13 (Marijuana): This proposed constitutional amendment by Sen. Joshua Bryant (R – Rogers) would “legalize marijuana for the purposes of craft or home growing and adult use by Arkansas residents of a certain age.” Read The Amendment Here.
H.B. 1204 (Nonpublic School Testing): This bill by Rep. Jim Wooten (R – Beebe) requires nonpublic schools that receive any form of state funding to assess their students with a standardized test. Read The Bill Here.
H.B. 1587 (Home Schooling): This bad bill by Rep. Jim Wooten (R – Beebe) requires home schoolers to take a nationally recognized norm-referenced test every year in order to receive any form of public funds. The testing requirements in H.B. 1587 do not seem to be connected to the LEARNS Act that Gov. Sanders recently signed into law. Home schoolers in Arkansas would have to test if they receive any type of public assistance or any type of grant or scholarship paid for with state or federal funds. Read The Bill Here.
