Education Committee- House

And those people elected us and I think they probably elected you to lead to be leaders in the state and that's that's one of the elected us they expect us to all be leaders they expect us to do what's in the best interest of these kids and that's why we came here that's why I took off clinic this morning because I thought it was very important that we get behind. Represent Bentley's bill and I appreciate you guys. Colleagues thank you so right now as well as answering questions and if you might have any questions by the committee. Representative Hodges you're recognized for a question thank you Mr. Representative Bentley or your guests like you all might want to address this my question would be on the accommodations. can you speak to in Conway maybes specifically and then maybe in general how would the accommodations work does every building have single single occupancy bathrooms available do we know what that's like statewide and if if there's not a single occupancy bathroom available what would be another option for accommodation. And yeah. So at Conway and I forget to say this so at the high school we pass this bill to be honest with you the next day at school nothing changed it's exactly what we've been doing for several years there it Conway so we do have single occupancy bathrooms that we've been using at each school so that there is one at each campus I can't speak to other schools but again we had already been doing this for several several years of high school we just didn't have a policy on but it's it's absolutely what we. So all this he came down but to be honest with you the next day when we go to school in high school nothing chains the county hired to sign. I would add that. I know that our auditorium I don't think he has a single occupancy restrooms. That from my standpoint there needs to be one created. For this. And I think that's what this bill calls for it now that you have to offer them an accommodation. Representative flowers you And I recognize or whatever quick chairman record this and say that would just say I represent Hodges the most all schools have sent occupancy spots at the nurses station or throughout the building I've not heard from when I brought this to all the students in my district five other districts that have any problem at all with this issue they said it was something I could handle with that nation's I've not heard anyway there is spots available on this might probably even more right part make more and more options for those students that don't want to use the male or female bathroom I'm sorry thank chairman representative flowers you're recognized. Thank you Mr She's not to start with. The issue around compliance with the legislation and when you talk about you know things didn't change it Conway I'm wondering what that would look like at smaller schools that don't already have single use restrooms and what that cost would be and then I look at the. Fiscal impact and it says that there is no fiscal impact. So there's that but then what if a smaller school can't afford and a single use. Bathroom. And. In trying to comply with the law. There is a non compliance issue which goes to my second question about how do you enforce this you know if someone is identifying as a certain gender and or someone looks like they're another agenda because I remember I thought a lot about when I was in school U. S. you know what about when you were in school I remember not playing sports because I don't want anybody I don't wanna change for anybody to have that's right but. You know. How can I help I remember going to school with. Girls who didn't necessarily look like a girl to me. Four boys who looked very effeminate. So when you get adults. Into the picture saying you know where you belong. how do we enforce that and then finally in the mix of all of that there's a fifteen percent of. You know penalty against schools and their budgets so going back to that same. Small school that might not be able to. Renovate or purchase Building materials to create a single use bathrooms in this I'm just. I'm up in and this time I'm going to hear our system what I'm yeah I'm Sturch the official site or yes ma'am excellent question I do I'm going to address the the bathrooms in the physical building and so we your meeting with architect when we've got to do we need a building to junior high or junior House older we need to look at the career center doing something with career center but it in talking with superintendents and going through the architect with their running into now the architect is when they build new schools the school since they're not tackling this. Or having to build a lot of single occupancy bathrooms and the cost to them on these new buildings is a lot higher than they used to because they're having to do how many ever single bathrooms it takes instead of having a group bathroom so it's actually raising the cost on all these new buildings to do to go that way and he talked about how that again because nobody was tackle this they're just adding all the single bathroom so if you're a school the size of Conway high which I think we have. Little over twenty two hundred kids in one school that's a lot of single occupancy bathrooms if you're building a new place so that's the flip side on cost this actually this bill helps those okay so every every school district every other besides common homeowners small and I'll have sent Argosy bathrooms already there this absent no issue for them that's why it's a zero fiscal impact they already have the nurses station throughout the building I've sent occupancy bathrooms for their students so there's really no no issue there there are there so what what he's saying is that the opposite so we don't pass this bill so they can still use group bathrooms or creating a greater fiscal impact on the smaller schools so I have heard from asset has a very small school district and have absolute no problem is there already have sent out C. bathrooms and they already have this policy in place because they don't they want to protect the students that are going through some tough times so we have so many questions will representative wing you're recognized I'm sorry I didn't use one of my question is about percent okay let me just address that Ripley Lauer's I gave you little leniency of three and one so if you all would answer second question I'm sorry for the fifteen percent you know and looking at the bill we don't want to hurt students and a five percent cut to their budget was hurting students we need to address that means the adults in the room need to address the situation so that's why it's a fifteen percent cut to the salary of the superintendent and the principle of the building because it's not the students fault if that doesn't to be comply with that is they don't sometimes administrator so we're the cut is to the administrators that should be making sure this policy gets set in place and not affect the student's budget at all that's what took away the five percent originally before the amendment it is a five percent cut to the funding of the school that her students out on her students were making it The salary of a teacher and a teacher student of the administrator and the principle of the building that's what we did diligence because the superintendent better with the amendment would at the beginning of talk with many of them and that's what made the amendment the beginning of the bill earlier to address the situation that they have the concerns I had on that I believe it's fine now with them so we're making it different be countable and that's why we do the fifteen percent salary not the five percent cut to students funding representative when you're recognized thank you Mr chair of what you're talking about the student safety and can you help me understand what the policy is with regards to adults access to the bathrooms that the students use. Check policy for like teachers teachers of teachers yeah. what teachers do their yes well the teachers yes at each school the teachers have a single bathroom is that the question now is as far as the the bathrooms of the students are using day to day the document saying that the the the the the mall yes the multi use. Do the teachers have access to that the teachers go in and use those restrooms what kind of oversight what kind of Normally teachers did not know in the House restrooms because they have their own restaurants and is that up is that a policy or is that just a choice is taking place thank yous those if they want to just have I have recommended that has bathrooms are usually for most to your problems Hammond. I have recommended that we have female teachers going into those bathrooms during class changes and the same thing for the male bathrooms I think that would solve a lot of problems I hadn't gotten it done yet but I'm still working on yes and we've got a Conway like the junior high and high school we've got several several dean of students that are male and female and that's kind of what they do is they're kind of policing the entire campus including bathrooms so the females police in the female bathroom the males are placed in the mail bathrooms we actually have cameras now they're up outside the bathroom obviously not inside but if something happens in the bathroom or somebody gets in a fight or somebody's baby being or whatever we got but sectors now but they they can roll back the camera and see who came out of the bathroom at the exact time so they know exactly who's coming in and out of the bathroom. Okay thank you thank you appreciate the representative Garner you're recognized. Thank you Mr chair I've I've got so many questions it's hard to. Sturch decide where to start but one. One is I'm really concerned with the students that have gender dysphoria and obviously your family practice doctor I hope you know what that is and how important it is to take care of the students that Because of no fault of their own. Are are being discriminated against so have a real problem with that and I don't understand how even with one one bathroom. We've we've dealt with all of this with the disabled. We need to accommodate so that those students are included not excluded from from the organization and and this. Makes it sound like students with gender dysphoria. Are the problems and that is not statistically correct we don't have most most agenda just don't want to go into regular bathrooms or or afraid to go in the regular bathrooms they are not the ones instigating these issues they're the ones that that that the issues are instigated against so how can I don't understand how we don't open ourselves up to a lawsuit with title nine we are obviously discriminating against those students and title nine says we cannot do that so that's my first question how do we as a state is it really a problem and all of the schools enough to to I mean we notice we know this bill will be to what will be sued for this bill will be blocked and will be sued isn't happening enough support. I don't understand what the problem or how this really settles the problem. A previous behavior from folks enough that we're. Discriminating against gender just for students so what we're opening ourselves up for a huge cost and litigation fees and the state of Arkansas for something that I I have six school districts and in my district and nobody's ever said anything to me and when I went to talk to them about some of these issues in the bathrooms it's not it's not. Agenda to support it doesn't have anything to do with agenda to support it has to do with oppression it has to do with anger it has to do with other kinds of issues but not gender dysphoria and we're we're taking that we're taking these issues and if we talk about these issues in a way that's discriminatory to those students and we're opening ourselves up and personally I don't want my tax money going to. Litigation over these these bills if there's not a problem to begin with and it sounds like Conway may have a problem but I can tell you that in my districts. Nobody's nobody's come to me and said and and my superintendents do not want this bill so How do you testify at for the places that have had girls assaulted in the background. One is too many well I I would I would say that it doesn't have anything to do with their birth are there there gender at birth. That has it has something completely. For it there's some other issue that and gender dysphoria that is not the issue the issue here and with this bill to keep students safe offer students acting right to speak and wanted to open everybody save only have a safe is this bill clearly gives a safe place for everybody restaurants I work for and it does it gives a safe place for everybody to the restroom the safe private place for them to go the restaurant that this act with the bill does is already been sued eleventh circuit court is perfectly legal it is constitutional I will read it again if you want me to read again but I have already given a test where that is and held up And elevens circuit court as perfectly legal constitutional started in an Oklahoma for quite sometime now in Florida and Texas so these things are being taken because we don't want we want to focus on educating our students this bill to say we have kids are gonna keep everybody safe it provides a safe place for review of the restroom everybody feel comfortable to go to the restroom including every girl every boy in the school as a safe place to go the rest of and our students and our faculty and our school boards can all focus on educating our students because of and the day that's the most important thing is that they get a good education not distracted adoption and one just a little more well this will save Conway because we obviously we look at this for several several months for we did add Conway I think the numbers I got of the junior high and high school to affected eight out of thirty nine hundred kids so we absolutely want to be cognizant of those that you but at the same time we also want to. What about the seventh grade girl that just wants to go to the bathroom and and they're not comfortable in there with a biological male and that's what it comes down to so out of the eight out of thirty nine hundred what about all the others that just want to go to the bathroom and I'll be honest with you when I was in eleventh grade if I could go into a single bathroom with everything that happened in the bathroom I would've been okay with that members let me remind you we're at the point parliamentary process where it is question and answer this is not debate and this is not a lobbying effort so if you have specific questions for the bill sponsor or you have specific questions for those here this is a time where you will ask those I issued in the table to answer the questions we have a lot of people here a lot of people who want to speak so let's be a little cognizant of our time representative flowers you're back at. Thank you Mr the the one point or question that I had it is how this is enforced given that it's not always readily obvious and you know not only the gender dysphoria as an issue but you know you have intersex. children. And the bill provides for parents to be able to sue if they have a child who has felt uncomfortable and believes that they were in an environment where someone of the opposite sex was with them so if that complaint is lodged at the school board level before it even gets the litigation. Then what you know what is the school due to enforce this well schools or students are just like on any other issue with the health issue with the child has diabetes whatever's on this the school nurse everybody knows the students in their building so we're gonna force like you would any other time in force with the staff back to you know each student that building was going to each one the students And so that law enforcement is like they would anything else any other rules that there is not like this is something different or unique we have rules we put in place all the time in our schools and so each one of the students are known by their staff and the faculty won't know what's going on with those so we need to what's going on. There is some other issues that we may need to address so. it's not like it's a changing student population everyday the same kids everyday we know our students we know who's there then I was going on with the students and in the best help each one of those kids so it's not like it's a public forum where there's you know a lot of twenty new people everyday the no students in that building you know who's there to have cameras most of have cameras outside their so. They're gonna force it like you would any other rule that you have it on a school campus about smoking about vaping about all those different things that we're working on we're going to reporters of men we have I'm sorry I didn't mean how we enforce it Physically with what we know I mean how would we No or be able to determine that a student how would we be able to determine a student's biological biologically assigned sex. Every student is gonna go to the nurse when they're gonna get the student enrolls in school they're going to know that I have the first everything need to it's not like it's some a. This mystery I want the student is a student enrolled at school so I think it's seventy one yes and I was just gonna say on the on the reason again we did this is because on the overnight policy that we look that the reason we did this is the first thing the teacher said to be honest with you when she's talking to the superintendent he's likely can we just have common sense of the teacher said there's not Arkansas or if you would would you pull that Michael the rest folks have disappeared the the first thing the teacher said is to the superintendent when he said Hey what we have some common sense on this now we're the schools deal with this is the first thing the teacher said was well there's no policy. On and so again that's why we're having to draft policies is because some the very small amount but it there's there's has to be policy that's what we do is we we passed policy getting into legal that's for legal team but we passed policy and the teachers know what the policies are and they know what's when there's no policies. Can I add one thing. it's like representative Bentley said. administrators and teachers no the students in the school to me it's a it's a lot bigger task to police if you allow. Biological. males and girls bath bathrooms or vice versa. I mean you've got to be on your toes to make sure that every young man that goes in there is of a gender identity stated but when you say you can't go in they know their students. And if they go away and that's an easy police situation. That makes sense. Not really. Representative garner you're recognized. Thank you Mr chair I just wanna go back to a little bit about clarity of implementation And I happen to represent. Or have happened to represent the largest school district in the state and so I I can guarantee you that there are teachers there are administrators there are staff people that do not know every. To many students they don't they try but they don't know every student I guess what if one of those staff members or one of those students allow. Agenda. Enter to support student to go into non biological bathroom. And someone reports that. The superintendent is still responsive. Yes of a policy in place as them to implement that with our state their teacher and do the whatever they they deem necessary to the teacher but I mean they cannot know every student. The teachers know every student and so I'm like I said I go at the rate we can we can. We can talk about all day and they're at school issues and so we're not answer to the point is that a. Teachers know their students and they they noticed in the students are so the school can implement their policy but I am familiar with the policies for teachers but we is going to be up to them to make sure the adults the room to the right thing so thank you representative long you're recognized. You attorney Michael please there you go three I presented Bentley I was contacted by one of my superintendents I have eight eight school districts announced House District but the the one that contact me said that the association that represents the superintendents have endorsed this bill is for if that is correct. they have that's what we did again the amendment again this morning to adjust their concerns so thank you. And then what they can speak for themselves but they brought it to me and said they were support of the bill the need to make an adjustment and I made adjustments. Last night at six o'clock what that estimated. Representative begins you're recognized thank you Mr Speaker so I had a question regarding the penalty that we that was apartment as well as and maybe for some clarity on the cause for action to the cause for action follows a school district where the penalty follows superintendents principals or administrators so has there been any additional thought as to why the cause rex was just for the school district as opposed to the same individuals or anyone that is violating any of the subsections of the cause for action so person that does walk into the bathroom that violates the multi occupancy rule. That'll be up to the park to the school right to sit with their policy but their punishment is going to be for that so good with the with the administration and charged with the county when their building so they can sit with their punishment be for some of regular the policy this that place for this gives the bill is that the policy in place the school district and do what they want to do as far as that goes for people under them but one hold a ministration accountable not but like I said not the five percent to the student funding but to the administrator and the principles that the policies in place that they feel good within and help out their staff thank you. I see no more questions miss Hargis Dr Nader thank you for your time today in your testimony will move now to. For and against. Signed up first to speak against the bill lance of our lancer you present your gold in the table. Please identify yourself for the record. I'm last live our I'm here speaking as a private citizen on my own time. Lancel of ours being a private citizen of my own time thank you you're recognized. God divided the light from the darkness yet we all except there's dust can there's don where the light in the darkness result in a myriad of shades and colors god divided the waters from the fermented under there four men and those above the from it yet we see fog happening all the time. Gots what the water does appear in the haven't gathered in one place and dry land appear yet I've never heard anyone argue that got me the land and the sea not Leding marsh recipients want. And god made two great lights to rule the great rule the day and the lesser or the not yet many days the moon is clearly out in the day when does the moon's rule start and the sons rule and. Let the waters bring forth moving creatures like the filed may fly above the earth of the earth bring forth living creatures frogs salamanders anybody ever been turned into Newton got better about filing flying squirrels ostriches emu dodo. God. Created man in his own image male and female created he them yet here we are to ignore the beauty of the rainbow that got put into every other day of creation and accept this as stark contrast as the entire story. To the den and they are called the nightly other tribes have names for them but we can call them to separate and Southeast Asia the call he dropped. In Samoa they referred to them as five five NY and five of Tomah. I speak of my transgender family and friends. There is much a creation of god as the dusk fog wanna daytime in and flying squirrels. Representative Bentley stated this bill is not aimed at restricting restroom access for transgender children but to keep children safe from sexual assault and rape I have worked in publication twelve and post secondary education in some fashion for almost thirty decades I've been a teacher building a district administrator I have never heard of an actual transgender youth assaulting or raping institute in the bathroom or changing room. UP or transfer you to one dressed in just wanted in the open locations in that same area. Those who trusted me enough to discuss their struggles. With one to get in the corner. In the stall until it's clear no one would see them changing before their in the bathroom whether they're in the bathroom masking their sex assigned at birth or their gender. I have heard of salt raping hazing along with other billing behaviors and sisters youth like the one presented earlier who pretended to be transgender but was not in the other state targeting other B. youth both cis and trans gender as a former band director I have never required anyone to room with anyone they made the run selections I signed any leftover not adjustments on request the overnight trips terminology of rooms requiring room is a non issue except that many will use this laws cover for students to room with people of their opposite gender thereby increasing the likelihood of billing behaviors or salts this bill also force anyone who has moved into a new school district after making a social transition to the proper gender to out themselves to everyone in the school by requiring to use the wrong bathroom or the separate but equal one. If we want to protect students in bathrooms and locker rooms and put the budget surplus toward remodeling school bathrooms for real privacy for all. Move the sinks into the open space replace the stalls with forty ceiling walls have doors open to the sink area this would ensure that students do not have to be subject to any other student in the state of undress of the same gender or not. And remove the ability of students to assault harass Fite smoke extractor with impunity what are at it provide the same privacy in the locker rooms of all sports create a spot where students can individually shower and dress so adults can be in the common areas regardless of gender to prevent harassment bullying fighting hazing and sexual assault is all too common in locker rooms. The wealthiest people of Arkansas do not need a tax break our children the privacy and safety. Our most rollover youth need to know the legislators to them as children of god and not political points. This ring I was part of an Arkansas delegation to visit Washington DC to speak to our senators and supported represent the respect for Marriage Act the equality and fairness for all Americans coalition of religious organizations in LGBTQ groups took us there. My international church leaders are partners in this organization my spirit stored as I heard from leaders in the queer community lavish praise for the common for the partnership they have with the church of Jesus Christ of latter day saints in finding common ground and fighting for LGBTQ plus rights while protecting religious freedoms we can find the same common ground and our work to ensure the rights and protections of our chance to transgender students by increasing the safety and privacy of all students in our schools and as much as you have done it unto one of the least of these. Let us join analyst our children together thank you. For any questions for the witness. Seeing none Mr Barr thank you for your testimony today. Will move now to Dr Clayton Crockett. Representative to make sure recognized. Thank you Mr due to our limited time this morning I'd like to make a motion that we limit testimony to five minutes per five minutes per witness. That is proper motion. All those in favor say aye. Those may. Motion passes so going for each one giving testimony will be limited to five minutes. it we will extend that time as well to the bill sponsor upon closure which will probably be sometime later this afternoon. Dr Crockett you're recognized thank you my name is claimed Crockett I'm here as a private citizen I'm also the father of a trans.