Education Committee - Senate

Okay so. We are in this wonderful room it's very crowded in here it's not a very big room for lots of folks to come and visit with us we're glad to have everybody here. That work better okay super that I've called the meeting to order and I see a quorum here and so we will get started today on we have a number of bills. In the first one is representative Dalby House Bill one ninety one. She should be in your. Yeah. Yeah. If you will identify yourself you'll be recognized. Good morning thank you madam chair I'm Carol Dalby state representative for district one hundred. Are you ready for me to proceed madam chair is up members today at this is house bill ten ninety one all this bill is is a definition bill stating that if an individual receives a G. E. D. or an equivalent there to that for employment purposes that shall be treated the same as a high school diploma Senator Hickey and I this was brought to our attention that there was not a definition in the code for this particular instance as you well know being on Education Committee with the G. E. D. you can get into college with the G. E. D. you're eligible for a scholarship for this lottery scholarship we were just wanting to make this clear I think everybody assumed that that was in the law and we're just making that clear and with that I'd be happy to answer any questions. Questions from the committee. Okay. Would you like to close the ability to have anybody to speak for against the bill. Do we have anybody. We didn't find anything okay at members I am closer I would appreciate a motion to do pass. The best. Okay all in favor. All opposed thank you very much thank you members thank you madam chair okay. Thanks. Next on our bill is the Senator Solomon here. Okay moving right along then Senator Leding Senate bill one forty nine. If you have somebody here I'm sorry we're on one foot. We do. It identify yourself to be recognized thank you minister senator Greg Leding District thirty in federal we do have an amendment we want to address that right off the top. We all have the amendment. The. Would you like me to explain them in that state it's just a simple catch of having dinner last night with senator Dotson and he noted that on page two there's a section that was referenced as special language talking to bill our staff this morning is decided that needed to be called temporary language not special language that's all this and it does it changes nothing substantive it just changes the the title that section. And. Thank you. Thanks any comments from committee. All in favor aye All opposed. Caster Amendment okay have the right all right thank you madam chair madam vice chair members of the committee of six with the session I think it's fair to say that the one issue that has dominated discussion so far as education conversations both private and public legislators the governor of her staff we've been working to put in place policies to make Arkansas more competitive when it comes to public education and while there has been an insurer will continue to be debate over some of those policies one area where there seems to be broad consensus is that we need to meaningfully increase pay for public school employees a teacher pay is dominated that conversation so far and I think for good reason Arkansas is forty seventh in minimum teacher salary we're forty eighth in average teaching salary I believe our last in southern states among average teacher salary and I think there's broad consensus that we do need to do a lot of work there to raise the salaries but one component that has been largely left out of that conversation is our classified staff these are the people that keep our schools running smoothly so that education can happen I'm admittedly a little bit biased here my two younger sisters and I'd elementary school we attended in Springdale I'm delivery our mom became very active in the PTA in the school itself and eventually took a job as the alt delete office administrator where she worked for about two decades until she retired in two thousand nineteen it was one day just a few years ago I was visiting with her at the school and the district nurse came in and asked if we ever got to spend time as legislators in schools in our districts and I said we do but it's generally not a whole lot of time region which kind of brought in for a quick two were I just a few minutes here and there with different teachers and we're we're ushered out and yes I would like to spend an entire day with school nurse so I jumped at that opportunity it's been a full school day with the nurse will shall elementary in Springdale and learned a lot and found the experience to be so valuable that I started making time for similar experiences I spent a day shadowing a school resource officer at a high school I spent a day working alongside the cafeteria staff as as bill elementary fate bill spent a full day working alongside. The cafeteria staff from junior high where Committee huge mess with a giant bottle of ranch dressing the date they forgave me and spend a day full day working alongside the the custodian at Holcomb elementary in Fayetteville and just really learned a lot and not only with this experience is enjoyable because they gave me a better understanding and and and to be clear I don't for a minute claim that doing what anyone of these things for one day you know opening can after can of tomatoes is going to give me a full appreciation of what it means to work in a cafeteria every day a job by the way the maternal grandmother held she was literally the only cook and my mom school when she was a child I did that job for a number of years but I get a much better perspective and got to meet incredible people and come to understand not only the work that they're doing but to see the students through their eyes and see the relationship that they're able to develop with students and I I vividly remember working the line as bill elementary and even though this is only passing from the cafeteria workers for just a few seconds each day they know these children of any other dietary needs and just to see those relationships and how vital they are out of times we have. Education we tend to zero in on the classroom and the dynamic between teachers and students and that's critical but so are the support staff who are schools and keep them running and so that brings us to the bill today there was a recommendation in this year's adequacy report that classified staff needed to raise of two dollars we agree with our governor that we need to be bold and more competitive the schools are struggling to compete with other employers and so what as the forty nine is is simply doubles that recommendation from two dollars to four dollars an hour you can see how they do that by upping the found funding foundation funding in section two a and to be on the first page of the bill and the second page of the bill the temporary language section just direct the department of education issue commissioners menu memo. to ensure that this funding does go toward meaningful pay increases for classified staff is again schools are struggling to find employers at to find employees and we need these critical positions filled so the schools can function and so with the transformation we do have a woman here to speak on that issue today. Yes good morning my name is you should done I work at Jefferson elementary I work in the rest of the district and yes five five is the main impact in our districts all the schools. The school would run without the bus drivers custodians of Chad Education nurses prior pro is we need this raise we would we need this money S. the state in the school we're leaving schools going to a hotel they paid fifteen dollars an hour more than with some of the district are planned hander classified right now. And if we could just get this bill passed so we can keep by employees here. The district I think the school will run a whole lot better a whole lot snow there and. At. The main thing is. The inflation is hard. And classified as myself I'm working three jobs just making me I'm barely home with my kids because I'm trying to make ends meet the rent is going up food costs and then everything is going up so how can hi five maintain a living off of what we are making right now. So even just a little bit and help us out so we can state because a lot of was like working for the district like working for the schools so what happens to the people wait. He is the best to. We and their mentors as well as teachers civil administration most of the time the keys will come to class hi that is defeated by is and. I understand and all things that teachers in there nobody else can. So I'm hoping with me being here today testifying on behalf of all the districts the State of Arkansas that you guys would please. Thank you bye is and give us a little bit more and you know what we are are we to make. The representative of quality anything you want to. Senator Chesterfield you're recognized. Thank you madam chair and thank you for being here this morning my mom too is kept your your worker so I truly appreciate the work I know there were kids who came to school a lot of hands with no food but because of cafeteria workers. With those kids that something to eat during the course of the day so I have a true appreciation of what you're doing what is troubling to me is that we have federal law that precludes you from being paid unemployment in the summertime. And the only successful legislation the bill Alexander ever got past as a state representative here in Arkansas but that means the and that you have to do the teachers have their salaries pro rated over twelve months. But I cafeteria workers don't make enough money to have a pro rated over twelve months so here we are making less money than we need to in the school day and then not being able to draw unemployment like first you does I private bus companies their employees can find employment I cannot and so I would hope going forward that we do all these resolution setting in the Congress that we was Senate resolution Congress that says allow those people who are out on a nine month contract people to be able to draw unemployment during the course of the year would you agree. Yes thank you. If you have something you want to say. At. Thank you madam chair and thank you committee for having us today also wanted to say my mom was a school nurse also so I noticed that teacher for thirty three years and my advice to incoming the teachers as always get to know the staff get in with this act immediately because there's people that keep the school running and they're very important part of the education process and of course I'm very. Thank you for the questions from the committee. C. center. Go ahead. Thank you madam chair So looking at your amendment here this temporary language. says beginning with the twenty three twenty four fiscal year the department education shall applies all public school districts pay minimum rate for all classified employees of fifteen dollars per hour. And so revise this rate revise this required rate every year thereafter to increase space so there's two two different things in this the county I see is conflicting statements one is you say you The department shall advise. And then we'll. Secondarily says she shall revise so they have to revise that advice every year however. They are not required to pay this. In the in your temporary legislation here so you're increasing if I'm doing the math approximate right correct around a thousand dollars per pupil per year foundation funding I'm not sure I don't have a fiscal impact on this how much does that cost how much is that going to increase the amount of funds for the state and there's nothing in this that requires districts to actually pay fifteen dollars an hour I mean it's a great headline and all I know but it it is not gonna be felt by the actual employees of districts if this passes so the the the cost of doubling that the recommendation of the house Education Committee may from two dollars four dollars is forty three million that's what that would cost and then as to the language about advising the Commissioner this is what the department of education and and I'm sure we have some in the room they can correct me if I'm mistaken but our conversations working through this with the Department and BLR was that this is what they had planned to do with districts anyway regarding the two dollar raise that we had recommended so they were already going to be in position to issue this commissioners memo to advise the district to make sure that this funding does go toward meaningful pay raises for staff yes yes but foundation funding is is kind of no strings attached in a lot of ways I mean we we put a lot of mandates requirements on folks but this is not actually requiring so some districts may choose to pay less than fifteen dollars an hour some may choose to pay more than fifteen dollars an hour it's it's just an advice recommendation from the state it's not actually requiring it to to raise the minimum to fifteen dollars an hour it in this legislation we might have again someone here from the Department they can speak to the strength and enforce the power of the commissioner's memo you're right sometimes funding is directed elsewhere but I think it's our job to of the lease make sure that they have the funding to make this possible because we don't give them the funding to get pay raises then they will be able to give pay raises and we're as a for providing this funding and. Ossified staff know that this funding is available for these races and it's clear from the department of education and the legislature that we intend for districts to raise the classified staff pay raises that would see that happen you're saying forty three million. Is for two dollars an hour for all. That's that's the the cost of the four dollar raise the cost of the total for dollar race it was twenty. One and a half million of that about half yes that. So how much of this. Eight thousand one or ninety five minus seven thousand eighty two thousand dollars roughly annual. That's forty three million dollars just for that thousand dollars that's a larger figure because we are accepting as part of this the other recommendations that the the House educate house at the report recommended that but the the don't we do that a little later on when we're talking about all of foundation funding rather than trying to do it and. In this and then put temporary language in a. I have a recollection of this working differently even in prior sessions I know this session it's been a little different than ours has been a little different I say we we worked at length with staff at the bureau of legislative research and the department of education to make sure that this is tied it would work. Thank you. Senate. Thank you madam chair and I know there's a big education bill that's coming out soon and and many people are you know will be eager to read the details in it effect and we will and we do have plans increase foundation funding and so that will be taking care at and within what we plan to do in that bill and and I think it's just important remember that local school districts have the ability every single year to give these races I sat on the rest of the school board for nine years we gave raises and two are classified and certified staff almost every single year regardless of what the state dead and and it's hard for me after living for the last eight months to trust that the money that we give schools will actually go at as we intend or hope that will go as we've seen that with teachers salaries we have a lot of a lot more money to schools for the intent of teacher salaries but since it's not mandated it doesn't make its way to teachers in most districts and I have a real issue with that because it's pushed it back on us and said we weren't doing our job when in fact we're sending them a lot more money than most districts are paying their. I have concerns about just hoping that they do the right thing instead of ensuring that they do because they broken my trust many times in the past and we've lived it very vividly in the last eight months and but I would say like I don't I understand what you're doing out I like this at Bally I've got three kids in public school and one fourth one coming up in a public school and I value what classified staff does schools don't run without classified staff and and we know that and and we appreciate every single person that works in the school building and but I think it's important that we wait and and and you know what this is we already intends to in the education bill and and we'll see those foundation funding increases at that time. I appreciate a. Share your thoughts and an agreement against this place we've got common ground we agreed we need to play staff more I also look forward to seeing the tales of the forthcoming education bill I've I guess missed the part we did address and obviously we were all talking about teachers again that's dominated the conversation so I'm glad to know that that'll be a piece of it I still think there's merit to the argument that we can address salary increases for teachers and staff outside of that objective because is something we can do now and it still might be a few days before we're able to before we see the education omnibus bill and I imagine of the quite a bit of the debate or that once we get is we can all shape it and make it as good as it can possibly be and again this is something that we can do now to stress to teachers and staff that help is coming in again I haven't seen the details of the bills okay I'm glad to know classified a risk when it will be there but not seeing the details I imagine we might still have some of the same concerns about making sure that the money is going where we think it needs to go unless the bill has enforcement mechanisms that I'm not aware of that thank you. Thank you I'll I think one of the the missing pieces out of all this is is the up fiscal impact study we have absolutely no idea of the machine been what you said right. Credit Senator Dotson for helping Change the rules that that do not require a fiscal impact study there but I am again we worked with. Staff very closely and I I would trust their numbers that the the cost of the four dollar increase is forty three million dollars. Thank. Senator Chesterfield yes thank you madam chair thank you senator leading us as one of the co sponsors of this bill I'm hopeful that what comes out of the the bliss Is a realization that we truly truly do need to increase the salaries are education support professionals which is what I call them because each one of them does a professional job every day. I don't anticipate that this will probably pass. But I do think it's important for us to have this conversation. Because I'm having this conversation we are sending the message to the totality of the community that every person matters. Every person in Education matters. And. If we don't start saying it more. If we don't just die if we don't stop saying just teachers. In those individuals who make up the bulk of the education community are going to continue to feel left out. I think it's important that they know that they are valued individuals who whose professionalism has helped us through hold it in all the other things that they have had to go through keeping our kids stay at keeping our kids up sometimes providing the last back on the bus just does things that matter so we're very much I thank you for bringing the legislation I'd like to see a voter I don't think that the vote will probably reflect how people really feel. But I think it's important that this be done today so that as we go forward and we continue to tweak your bill that we understand we're in a market now what we're competing against folks who can go to Amazon says they have CD else they can go to hotels restaurants all these other places Walmart which is come to the realization finally that fifteen dollars an hour is a living wage we've got to make sure I feel to have that same kind of leading lady in public education no matter what they do in fifteen Bucks an hour is a little bit of money to because in today's society that's not an awful lot of money to keep people don't going forward and I to ask again that we come together as a body and I'll sponsor the resolution asking affiliates to look at allowing unemployment insurance the public school employees who work nine and a half months hourly employees so that they are eligible for unemployment in the summertime because they cannot afford it working several jobs in the summer and it's really really hurting an awful lot of people thank you madam chair thank you members of the committee. A more comments from the Committee. What is the will of the committee do we have somebody speak for against the bill. You. Sienet Natalie Goshen. That. Did identify yourself you'll be recognized the microphone right there. Dotson I'm the special education supervisor for Monticello school district also Arkansas okay and I wanted to speak on behalf of this bill today because I'm in my area that we depend on our special education para pros immensely to get through the day to support students that have. Huge needs I want to give you an example we have a student in a classroom that. Vomit often. That kicks yes fits them in the face they love that kid every day they get him off the backs they make sure he has what he needs and they provide support to his family as well. I'm that's a tough job to live three and to make eleven dollars an hour today and they need a living wage and on top of that we have here pros who are trying to go back to school to be teachers because they see the and on. We have. Who has autism he's non verbal he's a device to speak if it wasn't for a pair professional second pushy and he would not be part of a general education classroom where he's honestly not the one benefiting the most all the other kids in that room but we have to have these people that compression and support the students. Be part of our classrooms and to me that's the beauty of public education that's what we do we provide for all kids who come through our doors what we have to have the support staff to make those children successful in the environment sectarian thank you. Very much appreciate your comments okay let's see we have some Jenny Petty who speak against. She here here. If you look right identify yourself you'll be recognized I had a I think they're made big used in honor of that spells. What bill where you after I'm that way and it not that this particular bill that the lands that okay all right well we're not taking that up today so. Thank you. Okay I think that's all for and against what is the will of the committee. At which I like to make a motion to table this bill at this time and since we know that learns bills coming out and we can have that discussion when we only see the full picture so all this table and we can and continue this conversation by her second there. A second by Back. At a do I have any discussion. One Chester close and I understand that would be the will of the the body but I do want to thank senator Chesterfield for comments reminding us that these are professionals and that we want the best for Arkansas and our schools likeness done and like miscast and and my my grandmother had because and settled over so just a. Will of the committee. The all in favor. All opposed no. Yeah I seven thank you very much. Okay moving right along here we have. Senator Solomon is here to present Senate bill one twenty eight one three five. No thank you for that of this little bit. One twenty. Be the first. First bill. Your path first bill in your pack. If you identify yourselves you will be recognized senator Dan Sullivan district twenty. Representative Mary Bentley District fifty four you may proceed thank you madam chair this is representative bill Bentley bill I'm with your chair permission of Oxford explains bill. What makes. No this is our one one eleven was the no one. Seven seven. Sorry. That's what I had you down for your bill. The house bill eleven fifty seven fifty six sorry six fifty six are. At eleven fifty six eleven fifty seven we'll start with eleven fifty six senators Sullivan is that Senate sponsor eleven fifty six AM until eleven fifty seven after that's okay with the chairman up reci. Eleven fifty six. All right to see thank you chairman eleven fifty six is a very common sense bill that was brought to me by school board members and Conway they put in policy in written policy what had been verbal policy for years and when they did so they were inundated with apple wise by the hundreds threats of lawsuits and all that it really been almost impossible for the school board to take care of our students take of education of their students so they're the ones that brought this up our policy originally to make sure that we could put it in state policy so they could continue to carry on take care of the education of the students in their districts eleven fifty six very simple bill endorsed also by the super tense across the state as well as our secretary of education for simply states that girls will go the girls bathroom boards would go to the boys bathroom and those that aren't comfortable and going to the bathroom of their biological sex will be accommodate to have about them for them to go to all that they can use so many of the students in our district are distant I have been sexually abused and we know that the girls do not feel safe to be at a bathroom where there's someone of the opposite sex is there so this bills to make all of our students come to all of our school was built receipt educate the students in their districts as I campaign across my district I heard from many many parents that were very concerned about what happened in Virginia were a young man that identified as a girl was in the was in the bath and right to young girls in the bathroom that's it was moved to another school proceeded to do the same things that was high in the my parents concerns my district I want to make sure the students in our district were safe and protected from harm in asking as well to support this legislation I think this is an Arkansas deserve a statewide policy protects every child in the in the school bathroom so they can be safe and comfortable and we're school which can facilitate and make sure we have a good education for our students also spoke to try said this bill is not constitutional but our Supreme Court has specifically said and in regards to title nine that they respect the real differences between males and females require the government protect students privacy in showers restrooms locker rooms and changing facilities leading. Males and females private facilities based on their belief about their gender deprives girls especially the committee have separate sex abuse of essential privacy rights also recently yes. I'm so sorry Linda I'm so sorry I'm sorry. It is as best passionate some sorry I appreciate I appreciate was our I repeat what happens. Thank you thank you senator I appreciate that I was floating. Okay so let me repeat what I just said that about I think this is very important we understand that the Supreme Court and their decision about title nine as it is a real respect between the difference of males and females and that governments that require students protections privacy the showers and the restrooms locker rooms and changing facilities Leding males and a female private facilities based on their belief about their gender deprives girls especially of the right to privacy so I think it's important we understand that also in a recent Supreme Court decision on the eleventh circuit they are is this case the school board and so if the Florida institute a bill similar to this under Chesterfield so it others are going to court and is administered a ruling on this in the eleventh circuit court to held up this that is right for the schools to allow girls to go the girls bathroom Boise of the boys bathroom and that those that are not comfortable to go to a place at the accommodate for them so with that this bill does not just held up in court is supported by the superintendents in our in our state supported by our department you cation and I know that my parents greatly across the district I've heard overwhelming support for this legislation so would you like to add anything Senator Solomon only that I've heard overwhelming support my districts as I travel the state are we being with other constituents they agreed I think there's a lot of support for this bill and with that we'll take any questions. Question. Senator Chesterfield. Thank you thank you my friend being here tell me what are people saying it's unconstitutional if you say that people are saying the bill is unconstitutional knowing you you live research that please share with us why it is being done by some to be unconstitutional I really have no idea Senator I just know that a lot of bills that I five people staring constitution I remember a bill that we filed a wonderful bill to allow a service dog by a young child that went through sexual abuse and we said that that child could have a service dog beside them so they could put that dog feel comfort and somehow a judge said that was unconstitutional so Senate I have absolutely no idea dance how will combine lots of reasons why the important factor is it is constitutional so you can have a myriad of reasons why everyone thinks it's unconstitutional what's important to know is that it is. Senate representative Bentley usually does a lot of research. So that's one of the reasons I ask her and in doing research we usually deal with both of those entities that are in favor of our bills as well as those who are opposed so that was the reason for my question to see if she had and be dealt with anyone who would come forward and say this is why I am opposed to the bill thank you for ballot questions and response my response covered both those thank you senator again I will say that I have not heard any validity in those that dented on constitution so thank you for your respective may senator I appreciate that other questions Senator Rapert. Thank you madam chair what is it what is the conversation around enforcement. with with the problems that are are staff and teachers having with the. Discipline problems how are we are not intended as a as to any other rules schools which implies is going to handle and held up and also I think we've seen there that we have to do allow for parents that a we allow for lawsuit to come into play right of a parent see something's wrong and also we worked with the superintendents to a but amendments on this bill to wear them I felt more comfortable that so if there is a situation that comes up they can go up and have a review and I just it's like if the teacher fighters of the so it's just like any other any other room school right that we have in place and we go to the football games we don't allow men into the restrooms there or a either so it's going to be upheld this act is in any of the real the school has in place so we do have mechanisms for teachers to be held accountable and principals and superintendents when I first of all the bill we had a simple five percent deduction in this pay that once the schools in our you know I was talking secretary of education and we need to help people were a bit individuals responsible so I think it's important I think a safety of our students is important there are they're comfortable at school so I think we can all work together to make this happen is that if any of the real school. Just something. Senator. Thank. Are there other. The males have a question I'm sorry did they may have any questions here. Senator Leding thank you madam chair and I apologize I missed the first couple minutes of the presentations maybe you address this but reading through here kind of following along the lines of center Bryant questions about enforcement would say you have a at a new student who just shows up How is the teacher supposed to know. you know well The the sex of the child birth. You're with them we can have all a lot of what if questions and I think that's leaving that up to the school school will have training for their staff on how to measure this and how to mandated and all schools are different and all schools will have a different approach the important part of that all schools are accountable for law. It it and I agree with we've about every piece of legislation we can dream up scenarios with that with you to be a pretty key component of this one if we if if that's what we're trying to sort out how are we going to actually do that in a in a. To the extent that it could be done in in a practical way that is respectful to people I think just leaving that up to schools then especially if there are fine. Five remember correctly after school staff if they don't adhere to it should we be providing some kind of guidance there will do we embark on the law and then the schools will have to determine yeah we don't do that with football games and people have unique or any other activity we don't have specific guidance on how the schools the deal with that and I think it's best for the school develop their own policy to deal with that that's what the law allows for I'm also a big fan of local control And letting people make decision is as close to the the the issue is possible that would mean would you. In your mind how would this be done in a in a school like my daughter's early eighties let the school from a local control over how to deal with that if we have problems with that we need to come back into session or do I just don't anticipate that happening happening schools have huge issues they're dealing with kids in school with drugs can affect that have been abused they have some tremendous issues going on their school and they seem to deal well with those I think this is classified as an important issue an important problem I have all confidence they can deal with it and we may just disagree on that but I think that's what we are. Any other questions. So we have number of folks speak against the bill let me see we have a levy a gardener. We do have quite a number of folks here to speak I'm going to put a two minute limit on the presentations. Identify yourself please yes ma'am good morning madam chair and members of the committee hi my name is Olivia Gardner and I apologize for my voice today and I'll try to be brief I'm the director of education Policy Arkansas advocates for children and families one organization that's been advocating for Arkansas children since nineteen seventy seven I am here today because transgendered shoulder and would be harmed by this proposed legislation you may not understand transenterix Holdren or know what they're going through we cannot allow a bill that puts any of transgender children are Arkansas children at risk I can appreciate providing legal clarity where none currently exist but if this bill becomes law it would make it impossible for transgender children to go about their daily lives like other students it opens the door to abuse mistreatment and more I'm sure that everyone here wants children to be safe in school bathrooms but there is simply no research to support the notion that transgender children pose a threat out when they use the bathroom that corresponds with their gender identity instead research shows that three quarters of transgender children surveyed felt unsafe at school. I am transgender people are at a very high risk of experiencing violence starting even before adolescence this bill was written under the premise that will ensure student safety instead it will put some of our most vulnerable students in harm's way and. Vote against it thank you madam chair. Thank you. C.. The questions from the audience I mean from the Committee. Okay the next one is at. Jenny Lauren Davidson Dowden. Thank you madam chair committee members. Hi my name is anyone doubt in my conduit news I'm also chair of the moms for liberty Washington County. A chapter I'm a proud product of the public school system former public educator we have a lot of teachers in my family so my support for this bill is not to diminish or discredit the work that's done in the public school system I'm here today voicing my support for house bill eleven fifty six I believe that this is not a left right issue but simply a common sense issue and unfortunately has become polarized and politicized at the expense of our kids more more Arkansas schools are moving toward adopting D. I planted in the fable public school district this plan also includes a sexual identity component documentation obtained from several for your request shows the presence of a gender support plan and the issues associated with its implementation One representative recently stated when I talk to my constituents they worry about many things but I never hear anything about bathrooms and I agree this is not been a concern in the past but we are now living in a world where a sitting Supreme Court justice cannot even define what a woman is I in the fable School District bathroom usage is subject to concern and confusion for many students and faculty in the district these are also substantiated through emails from parents and faculty obtained through a FOIA request but the reality of all of this is our ministry there's and school board members are being confronted with questions never but before debated C. R. T. and gender identity ideology are the tools of entry into educational institutions with the goal of fundamentally transforming school environments and culture there are numerous issues presently affecting our public schools that must be clarified and enacted into law protecting all of our children is one that must be addressed the question really before you now is do we as a society continue to adhere to the age old biological fact that men are men and women or women or not this reality does not diminish the value it of anyone but accommodations must provide transcendence with privacy and protection but that also that same privacy protection must be provided to all of our students and this piece of legislation is a step in the right direction to provide transparency and accountability. for parents administrators and staff and for this reason I ask you to vote for house bill eleven fifty six thank you very much thank you. The body and in the committee have questions. Thank you very much. K. E. V. I. L. E.. Thomason. The Committee Mr alley Thomas here from disability rights Arkansas online here and just to let you know that there is not a need for this bill in the state of Arkansas and however we do have a high need for safety for children in the state of Arkansas and I think that that has been brought up many times when discussing this bill and there has been a lot of rhetoric push about is at issues like this and there has been hate pushed out of this capital that has made its way to social media hate that flew out of here on Monday and I think that that's where issues like this come from but we have real issues in the State of Arkansas that we can be addressed the we have children that need our help right now and this is not a real issue this is an opinion piece but we have real quantitative data that we can be focusing on right now we have psychiatric residential treatment facilities that are under investigation we have quantitative data that we can look at it we could be helping these children we had and half of two thousand twenty two we have thirty five staff abuse incident reports from these facilities we had sixty incidents add up for sexual peer to peer contact we have forty one incidents to peer to peer violence that resulted in injury we had thirty four separate you allowed me incidents and a hundred self inflicted injuries not including suicide attempts and I have all of that ready to be dropping your inbox right now I'm assistant you can have all of that data it's ready it's accessible to you at any time on our database shall be having that stand out to you right now so you don't have to look for that now we have real issues that we can get to you we do not have to play around with things like this that are not needed now and for the issue that schools can actually and handle issues like this on our own schools have problems and handling I. P. into what individualized. And education plans they do not share these. With all of the contracted employees or volunteers that are in their school right now so that's something that we have to think about and I think you and I will take any questions very much. Thank you so much. Okay Aaron Hogan. Speaking for the bill. Thank you madam chair committee I'll be very brief I know thank you have a lot on your on your plate here I just want to mention really quick family like yourself I'm sorry Aaron Hogan with Arkansas family council thanks I just wanna come appear and say that we fully support H. B. eleven fifty six and we appreciate a representative Bentley and Senator Solomon for bringing this back to the forefront of we work on this issue for many years and so we're just grateful to see it back here on the forefront I just want to bring up again the eleventh circuit ruling this is at eleven circuit court of appeals ruled last month that separating public school bathrooms based on biological sex is constitutional and it does comply with title nine H. B. eleven fifty six does track with that a ruling and so another reason to support this bill at the legislature also passed in twenty twenty one the fairness and women sport sports act so far that law has not been challenged so again continue to set the precedent on this issue we're grateful again that this bill is being presented and Just wanna give our full support behind it so thank you very much motions. Okay. Let's see we have whose ex Allison Guthrie. Speaking against the bill. Good morning and thank you for allowing me to speak today my name's Allison got three I'm a psychology student researcher and activist the following is the American medical association's policy on access to basic human services for transgender individuals the AMA opposes policies preventing transgender individuals from accessing basic human service services and public facilities in line with one's gender identity including but not limited to the use of restrooms and will advocate for the creation of policies that promote socially quality and safe access to basic Human Services and public facilities for transgender gender individuals according to one gender identity did identity the AMA was founded in eighteen forty seven no I do not understand why legislators in this state and in this country continue to believe that being a legislator somehow makes them an authority on over a hundred and seventy five years of medical and scientific knowledge research and expertise but it has no place in this room nor in this government it seems to me that this government rather than protecting children intends to be the agenda and genital police of them you don't have to be big on trans rights or even understand the concept of gender identity to understand a world in which we police children's genitals is probably worse for children in a world in which occasionally a trans girl uses the girl's restroom this bill directly discriminates against trans intersex and non binary students and violates in the most intimate way the privacy of all children. Research shows that communities high and prejudice with anti trans legislation the mental health health outcomes of the students are sick is significantly worse with higher rates of depression anxiety and suicide attempts if you are an Arkansas use or member of this community and will be affected by the potential passage of this bill I want you to know right now that you are valued you are loved you matter you belong here and no matter how hard they try they cannot legislate who you are thank we are fighting for you and there are people in this state who will keep fighting for you do not give up hope thank you I'll take questions. Thank you very much. let's see we have Lance lever. It identify yourself to be recognized yeah I Lance lavar I'm here on speaking on my own side and you have two minutes I have two minutes great I'm here in my my printer he him I am a white upper middle class cisgender heterosexual male. Who is here to tell you why I have issues with this bill. This bill we we've heard all the different legal stuff I want to talk to the former building principal in a person involved in education for twenty years. Transgender students already struggle in the schools. They are of targeted within our own state laws we have a lawn bowling building talks about something that is targeted to harass or ridicule a person based on the characteristic in another law would describe characteristics in that building as sexual identity and gender identity and sexual orientation. We hear that this is an age old definition that's an age old definition for a certain subset of the world. Which happens to be Christian but not all have always believed that way. In addition when you go into the native American they have the two spirits. In India and other parts of the world they described them as is different terms this is not a new concept that's appeared out of nowhere in the last two decades despite what some want to say. This is not a doctor that stated very clearly in the Bible. What we like to say that it is because of man versus woman we also believe there's dusk and dawn and other separate of the night for the day we agents separate of the waters from the lands we have marshes and swamps. Just because one thing is is one that we like to hold on to the black and white doesn't exist this hurts kids I've seen it I've watched them. This is an adult issue that kids know how to handle. And we are projecting our concerns and our fears and our misunderstandings on to the youth instead of listening and I would ask if you've not sat in spoken one on one for a period of time with any of our transgender youth. Then please don't vote for this bill until you have thank you very much thank you I'll take any questions from my experience and education I would don't have time to quit thank you. I Serra ever. Hi my name is Serra read another policy director of the ACLU of Arkansas and I wanted to address quickly some of his constitutional questions the reason some people have said it's unconstitutional is because two federal appeals circuit courts have said as much about similar policies the fourth and seventh circuits both struck down bathroom policies in other states and the second circuit also recently ruled that a sports fan that discriminates on the basis of gender identity may also violate title line so this is far from settled the Supreme Court has not ruled on title nine in this context but so far at least three if not four circuit courts have and have a indicated that this this kind of thing can violate timeline this bill would require transsexuals to spend the night with boys and trans boys to spend the night with girls on overnight trips in many schools where there aren't sufficient there isn't sufficient access to a single occupancy bathrooms it will require trans girls to use the bathroom with boys and trans boys to use the bathroom with girls I saw that correctly and it. The recently at the transhumanist rooms Grohl told me about her experience when she started the transition using the boys bathroom as she always had the boys told her she was not allowed to be in there because she's not a boy and and that they're gonna tell the teacher on her so this is the kind of thing that's going to be coming up with in schools it's going to be a problem for schools are schools already under funded under resourced this this session we're talking about further it de funding public schools and so we're for handing them this this issue that they now are forced to deal with without giving them the resources and guidance to do so and we are not protecting our children we are putting trans students in danger and we are putting all students in a very much thank you. Hey let's see and Jordan hello that's it okay I think that's all. Thank you okay. So what is the are you all closed the Bill. I would just like to briefly address a couple of issues first all the superintendents in my district are very much support of this bill I think it keeps all of our children safe especially transgender students abroad some of the reasonable accommodation if you read the bill they will be provided with reasonable accommodations they will not be left to be bullied in the bill specifically addresses that so I just want want you guys to know again that's been supported by the district in all my students in my district and all the parents might disagree much but in favor of this bill is a way to make all of our kids safe and allow our school district it to focus on educating our students and with that I'll close for the bill we appreciate a good vote. Senator Davis. Thank you madam chair I would just and like to say before we that that for me this has nothing to do with targeting transgender children and I'm actually I'm quite offended to be but not narrative I have three kids in public school and I know from experience that this is happening in our schools and it's not specific to direct transgender kids it's kids that are literally several times throughout the semester of the school year changing their name changing their gender and changing their pro now so this is not this is about wider far more far reaching thing then transgender children and like representative Bentley said this bill is actually protecting transgender children in the school to make sure they have the privacy they need so that they do feel safe but if we're allowing kids to change multiple times their gender pronouns throughout the school year and then allow them in the locker room with my middle school child I have a problem with that and this is about protecting every kid including transgender children in our public schools this is very important and so I just wanted to point that out because we don't control a lot of narratives around here and everyone has to say and I'm grateful for that that's what makes our country great our state great but I refuse I want to be a record refusing to be put in the narrative that I am against trans transgender children and I don't care about them or want them to be heard anyway that's not what this bill is that's what I know these members are not about presenting this bill this is about protecting transgender children and all children in our schools a light in ensuring that they have a safe place to change in a safe place to use the restroom and our schools in our public schools that are funded by our tax dollars so I just wanted to say that an appropriate time make a motion do pass as an appropriate time motion to pass. Hi motion by Senator Davis and second by Yes. All those that are is there any discussion. Yes I would like to add my own comments real quick I mean I I agree with we want we're not to not try to target children with this bill I would disagree with that just a little bit but setting that aside it's easy to say that this bill is going to protect all kids but again without clarity on the enforcement mechanism I'm just concerned about what situations are gonna potentially putting children and their families into of in a situation where you do have a new student come to a school and now the school is trying to comply with this should become law and a child in their family understandably and justifiably refused to comply what kind of situation problem recreating what legal risks are we putting our our schools and I just ask you can support this are your I think this is gonna be much more destructive than than just allowing situation to exist as is and just treating people with respect and dignity that's all I have thank you. It heard a motion and a second. All in favor. All opposed. Is haven't thank you very much the pastor bill. Okay thank you chairman is it possible for me to eleven fifty seven that for too much for me to ask radiance. We will now hear eleven fifty seven house bill eleven fifty seven. Thank you chairman thank you colleagues House bill eleven fifty seven as a bill that I'm really excited about I really want this session to focus on keeping the kids in Arkansas safe in a number of different issues so in a legislative conference that I want to I get to hear from a mom who lost her child at nineteen months old and she decides to go on a this upon a campaign to help get a kids in America is going to cut down a number of drownings each year in Arkansas we have up to forty people every year that died from drowning and actually a drowning is the number one unintentional death of children between the ages of one and four so this bill is probably to decrease the number of drownings in our state and your case number children that are drowning so um again I went to this bill supported by the superintendents an artist in our state and also the Department occasion has worked with me on this bill house bill eleven fifty seven was simply asked the school district at the end of the school year to hand out information either on paper or on their website to let parents know where they can get swimming lessons for students and some water safety issues for them to address whether students are very simple bill that we will there are will let the Department ducation put rules in place and they can work with the department of health and even gamefish our state have a lot of information on water safety so it'll be an opportunity for all of us I hope to look at our districts I know my district we have absolute no place for parents to get up to swimming lessons so I'm working with our state parks there to make that available so there's not any penalty to the schools that there's not anything available just make an opportunity for parents to know what's available for students and us to get that discussion about water safety so with that I will take any questions from our committee thank you. Westerfield thank you madam chair and thank you representative bill for bringing this bill that I remember going to Hendrix college and I was the only person in the class they could not swim because I did not have access to the facilities that will allow that to happen so I want to say thank you for bringing this bill and it's such a joy to be able to say. Thank you senator any other questions from the committee. We have nobody speak for against the bill so what is the will of the committee. Senate Chesterfield is motion a motion yes all those in favor. All post. Thank you the thank you. Committee. Okay. See the representative Cozart year. That okay Senator Murdock is not here. Penzo. Here. Representative Hudson I'm here to run the. All right so this is a house bill eleven sixty one by representative Hudson. Senator Clark will be presenting that bill. Still. Sure. And. We appreciate. What. Sharks have. C.. Yeah. S.. One. March. Sure. It Wires have access to location to clean a breast pump another waited so with that I open any questions on the amendment would appreciate a good vote on the main. They have yes. Senator Tucker. This this amendment obviously there's is there a cost involved with that that's not reflected in the fiscal impact statement here. Yes Sir not that I'm aware of I don't believe so. So it. Just trying to read it quickly here yeah at a location to clean. If you look at You look at page three. Subsection five starting on line five. This is this subsection ideals really with pumping breast milk at school. This act this amendment actually was a suggestion from UAMS who supports the bill. You can see you know subsection one access to a private room other than a restroom to express breast milk or breast feed a child subsection two is to bring the breast pump to school subsection three is make sure you have access to a power source. I process the amendment now understand what you're trying to do with that I. I don't know what I was thinking first and you said cleaning breast milk I wasn't thinking creative cleaning the pump the pump the pump in the well G. that's okay I don't know how you clean the other but I trying to figure that out thank you I don't think they've invented pasteurization for breast milk yet. Any other questions from the committee on the amendment. A. Senator Chesterfield to moved to adopt the amendment I have a second. Senator Bryant. All those in favor. All opposed thank you go ahead thank you madam chair thank you members that largely conclude my discussion of of the bill the last thing to mention is that high school there's some high schools in the state. That have childcare on campus and if they do then we want them to provide child care not only for the staff employees but also for the students who might have a baby and and if there's no child care on campus in the school can help provide information which is very accessible on the DHS website to the students who have on kids step with nearby child care facility so that's largely the bill madam chair and I'd be happy to take any questions Johnson. Any other questions. I have a motion on the floor senator Dotson I have a second. I said Senator Davis second all those in favor. All. Thank you very much thank you senator thank you members as. Yeah as amended I'm sorry as amended thank you. Thank you Mr. Okay so would C. Wilson. Representative Mayberry. Eleven eighty five house bill eleven eighty five. If you all will identify yourself you'll be recognized thank you madam chair of I am Senator Tucker since the name is so under used the Senator Clark district seven of. And representative Julie Mayberry and. I'm develop him free director of curriculum in federal programs that the southside school district. And up but I'm sure we have an amendment that we need to adopt thank. The members have the amendment. One lane the the members just of I don't think it's even necessary but. As for for clarification so. it just clarifies. Of the situation. Is there a question by the committee. Do I hear a motion to accept the member. Senator Leding has both made a motion and Alexander Chesterfield has seconded are there any questions. All those in favor. All those opposed. Thank you pastor. The first the. Enter I'm going to ask your permission to look of miss Humphrey of president this bill okay. That's fine. Thank you. Our state and school district is located on highway one sixty seven just outside of Batesville Arkansas we serve hardworking families throughout Independence County in many families choose our pre school for their children as young as eighteen months they drive past our school district along the highway that use our child care facilities that use our preschool we serve about nineteen hundred and seventy five students K. through twelve but our preschool early childhood campus we serve about two hundred and seventy five and that campus is drawn families in because the convenience to their jobs and so we're open six AM to six PM we serve families year round where an early childhood education center but then also child care throughout the summer months before school after school care so families choose as early on and then when it becomes time to enter kindergarten the three percent cap often prevent prevents them from enrolling in kindergarten with that after returning to the resident school district or appeal for release from the state board in order to continue their education their and they chose us with their dollars that paid intuition for pre school all those years H. as us early on for their child we would be able to ensure that they can continue with their education. Senator Chesterfield. Thank you madam chair and senator Clark and representative Mayberry and the young lady here thank you for being here this morning my question is if we if the omnibus bill passes which gives on fettered choice is this really necessary. Senator Chesterfield at today it's necessary I haven't seen that bill. Being a legislator that would be my answer is. But the rumor has it that okay well thank you so much. Senator Dotson. Thank you madam chair If you would on on the amendment says a group of non resident districts. Our. R. their preschools that are operated by a group of districts like I'm. is it like a a. I don't. Part of it come up that be great I I just haven't heard that. There's cooperative agreements or I'm not sure what. And. A good. Good morning cortisol Ford for the department of education and yes senator Dotson there are occasionally school districts that will enter into like a cooperative agreement to have one preschool that will serve students and all of their districts particularly in the areas worse there's you know just a few in each district or they might have students with disabilities so that they can pull their resources. Thank you I understand her that for the creation. Motion property. Are there any other questions from the committee. They have nobody speak for against the bill so I have a motion on the floor. Do I have a second. That's no Senator stones second it up all in favor. All opposed. Thank you thank you thank you madam chair thank members of the committee. Okay. You senator Clark you have. Senate bill two thirty two. Senate bill two thirty two. I apologize to the have not visited with members of the committee about this bill it was really not aware which will be on the agenda today if it's very simple it's just the right to state want to student is out of school things happen people move sometimes I move right down the road think they're in the same school district the forces happen things happen with the H. us it can be very traumatic for a child of. The a junior in high school someone about to finish elementary school plus that may just be really want to stay and it's spelled out that the parent would be responsible for transportation if the. if they left the district but once the child is out of school district they could state to take any questions. Are there any questions. We have a motion from senator Chesterfield do I have a second second from to Senator Davis. All those in favor all opposed thank you very much sure thank you members of the committee. Okay let me see if we have another one from a representative Mayberry house bill twelve fifty four. She here she the. Walker she let. I that looks like we are. Completed we have done our business for today thank you very much we have some good good bill passed. Anybody have any questions or anything. It is meetings.