Lawsuits Against Schools For Violating Parental Rights Under Consideration

Lawsuits Against Schools For Violating Parental Rights Under Consideration

by | Feb 12, 2022 | Education, News

By Corinne Murdock |

Parents and guardians may be able to sue just about anybody that violates their rights under the Arizona Parents’ Bill of Rights, according to a bill that passed the Senate Judiciary Committee on Thursday. The bill, SB1049, also classifies parents’ rights violations as a class two misdemeanor and enables the attorney general or a county attorney to sue school districts or charter schools alleged to have violated parental rights. Courts may impose fines of up to $5,000 for each violation that occurred at the school. 

The bill passed 5-3. State Senator Kelly Townsend (R-Mesa) introduced the bill. During Thursday’s committee hearing, Townsend explained that the provisions of this bill were already law but lacked accountability.

The Arizona Parents’ Bill of Rights codifies the rights of Arizona parents to direct their child’s education, upbringing, moral or religious training, health care decisions, as well as the rights to access and review all of their child’s records, including medical records. 

State Senator Martín Quezada (D-Glendale) claimed that the “overwhelming majority” of parents’ frustrations could be resolved if they brought their issues to the educators for a conversation. Quezada said that this bill would only make parent-teacher relations more adversarial. 

“Nobody is out to violate parent’s rights. Nobody is out to harm parents and nobody is out to make an enemy of parents,” said Quezada. “I want to encourage people to leave their emotions aside, have conversations with your school district leaders and then hold them accountable in the way that you have been granted at the school board elections.”

Quezada’s claim doesn’t align with comments from others within his party across the country, such as the viral comments of Wisconsin State Representative Lee Snodgrass (D-Appleton), who tweeted that parents should either homeschool or pay for private schooling if they wanted to have a voice in their child’s education. Snodgrass deleted the post, issuing a follow-up simultaneously backpedaling with an apology and claiming that those upset by her remarks were misinterpreting her.

“I deleted my Tweet since it was lacking in nuance and easily misinterpreted. I wouldn’t want anyone to think that parents do not have a role in their child’s public education-I sure did. I encourage all parents to engage in voting for school board, join [parent-teacher organizations] PTO and meet with teachers,” wrote Snodgrass. “To clarify, my point is we should be fully funding our public schools and that diverting funds away from our public schools only makes it harder for parents to have the relationships we deserve with our kids’ teachers and their schools. Of course parents need to have a say in their kids’ education and their classrooms! I’m a parent, and I have a say, as should every parent. I shouldn’t have been cavalier or glib—that wasn’t my intention, and I apologize. Carry on!”

State Senator Wendy Rogers (R-Flagstaff) rebutted Quezada’s remarks, reading a text she received from a constituent while the committee reviewed the bill, describing how the Flagstaff Unified School District (FUSD) governing board refused to work alongside parents. 

One mother who spoke in favor of the bill reminded the committee that hundreds of Arizona educators signed a pledge last year to continue teaching what they desired, irrespective of parental consent or the law, in response to states implementing bans on Critical Race Theory. As of press time, there were over 200 Arizona educators that signed the pledge. 

About 8,000 educators nationwide have signed that pledge. There are about 3.2 million public school teachers and 500,000 private school teachers in the country. 

Those who signed onto the pledge as Arizona educators included the following:

Avondale: Natalie Cardenas

Bisbee: Etta Kralovec

Black Canyon City: Matthew Schock

Casa Grande: Sharon Tuttle

Chandler: Amy Shinabarger, Angela Thomas, Ann Cicero, Audra Johnson, Beth Herbert, Deanna Celaya, James Wallace, Judith Simons, Julia Palazzi, Melanie Ohm, Rachel Kulik, Shasta Payne, Teri Moser

Flagstaff: Russell Randall, Ricardo Guthrie, Michelle Novelli, Angelina Castagno, Beth Sanborn, Derek Thibodeau, Elizabeth Merrill, Erin Hiebert, Joe Wegwert, Leslie Grabel, Patricia Roach, Sarah Shamah, Stacy Clark, Tami Butters, Yvonne Parent

Fountain Hills: Vincent Sepe

Gila Bend: Josie McClain

Gilbert: Andrea Barker, Cary Tyler, Heather Gossler, Heather Schlemmer, Kaylie Aguilar, Kim Klett, Leda Devlieger, Monica Darugna, Rebecca Garelli, Stefanie Campanella

Glendale: Erin Chisholm, Carlos Velazquez, Craig Lewis, Deanna Bakker, Electra Stafford, Galindo Jack, Jamie Prichard, Kari Vargas, Lisa Cantella, Maggie Malone, Melanie Cobos, Nick Friedman, Rachel Schmidt, Romy Griepp, Valerie Sun

Goodyear: Jill Helland, Catherine Barnett, Nikole Brasch, Susan Hennessy

Laveen: Miguel Ramirez, Nancy Schwartz

Litchfield Park: Melissa England

Mesa: Elisabeth Tanner, Marissa Felix, Quiana Washington, Robin Dodder, Andrea Box, Anica Erickson, Ann Marie Geair, Anne Greer, Christina Bustos, Christina Jameson, Claudia Bloom, Dave Medley, Jacqueline Tambone, Julie Quiroa, Kay Crittenden, Kelly Wright, Kisha Delgado, Michelle Lantz, Paul Kreutz, Quiana Washington, Rachael Clawson, Steve Munczek

Paradise Valley: Justin Brooks

Peoria: Paige DeHaan, Breanna Malmos, Chelsea Charlton, Kaitlin Griffin, Melissa Girmscheid, Stephanie Churchill, Tina Sanders

Phoenix: Karen Hawkes, Susannah Keita, Natasha Alston, Kareem Neal, Admaira Roman, Wilma Rice, Tom Moore, Kerrilee Wing, Sariah Winn, Nishta Mehra, Kelsey Knutson, Courtney Rath, Darcy Heath, Kelly Cutler, David Lee Carlson, Jay Barbuto, Nicolas Culley, Alexandra Zamarron, Alicia Messing, Carla Garcia, Claudia Chiang, Erika James, Ginette Rossi, Janel Vaughan, Judith Robbins, Kelley Gribuski, Kristin Cervantez, Lauren Gaston, Lauren Spenceley-Sheoran, Michelle Schulke, Mike Sarraino, Rodrigo Palacios-Tenorio, Roger Baker, Sarah Bennett, Shana Hornstein, Susan Rego, Tara La O’Garcia

“The thought of censoring the truth of our history in this country at this time in our nation is horrifying. I will not be silenced by frightened white supremist[s],” wrote Karen Hawkes of Phoenix. “We cannot heal and move forward without knowing and understanding the roots of our institutionalized racism.”

Queen Creek: Joanna Auclair

Sahuarita: Dawn Demps

Scottsdale: Louis Sugar, Carole Ancona, Jan Kelly, Kandice Nelson, Mariah Moritz

Sun City West: Harriet Luckman, Stacy Green

Surprise: Jon Alfred, Paula Auble

Tempe: Kelsey McAlarney, Sharon Hansen, Bernadette Lissner, Carol Johnson, Cortney Milanovich, Danielle Degain, Deanna Smith, Dylan Wince, Haylee Newton, Jacob Bley, Jo Anne Craig, Lawdon Haglund, Leslie Ringer, Maren Mueller, Valerie Craig

“All Americans deserve to know the truth about our racist, white supremacist history of violence against BIPOC. I should not have had to have been 66 years old before I confronted this history for the first time,” wrote Sharon Hanson of Tempe. “Although the sins of my forebears are not my personal sins, the current racist situation America IS my problem. America will never move forward until, like Germany, we hold up our ugly past, learn what actually happened (not some whitewashed version of the truth), and endeavor to make reckoning with it all.”

Tucson: Susan Whorley, Katie Vera, Arthur Almquist, Megan Carney, Isabella Porchas, Margaret Chaney, Amber Leeson-Curtis, Lee Foulkes, Peter Blankfield, Julie Elvick, Victoria Bodanyi, Meghan Hipple, Alyssa Cossey, Jenna Brito, Andrea Espinoza, Elizabeth Valenzuela, Jessica Williams, Kari Warner, Kati Gilson, Rita Verdin, Ryan Knst, Adrian Provenzano, Alexandra Mazur, Alison Climes, Ann Marie Palmer, Avis Judd, Barbara Wayne, Brieanne Buttner, Caryl Crowell, Chelsea Forer, Chris Parisoff, Corey Knox, Corina Ontiveros, Devon Holden, Edvina Velagic, Eric Donaghy, Farid Matuk, Jennifer Mullet, Jennifer Quigly, Carole Edelsky, Jessica Bernal Meija, Jim Byrne, Kate Van Roekel, Wes Oswald, Kevan Kiser-Chuc, Kristel Ann Foster, Linda Archuleta, Manuel Palacios-Fest, Mario Garcia, Natalie Taylor, Nataly Reed, Peter Blankfield, Rachael Eggebeen, Rebecca Kristensen, Sheila Wilenksy, Steven Ernsky, Tom McElhaney

“I will not let the white establishment silence me. I will continue to teach an accurate account of history,” wrote Jenna Brito of Tucson. “This includes teaching about how racism, sexism, xenophobia, etc is deeply embedded into our society and how it continues to shape out [sic] experiences.”

Vail: Drew Fellows

Yuma: Dorothy Higuera

At least one Arizona educator didn’t identify their city or town: Andrea Barrera.

Some school districts and politicians contend that Critical Race Theory isn’t taught in schools — but that’s not what educators have to say. One of the educators who signed the pledge, School District of Philadelphia Special Education Compliance Manager (SPECM) Aisha Eubanks, explained that educators use alternative names for Critical Race Theory when teaching it. Eubanks works at Martin Luther King Jr. High School in Philadelphia, Pennsylvania. 

“It is not Critical Race Theory in K-12 it is called being Culturally Responsive and teaching truth-based history, which is based on systemic racism,” wrote Eubanks. “I plan to continue doing just that.”

In addition to Culturally Responsive Education (CRE), sometimes called Culturally Responsive Instruction (CRI), other names for Critical Race Theory include social-emotional learning (SEL) and comprehensive equity plans.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Major Change In U.S. Copyright Protections Took Effect This Year

Major Change In U.S. Copyright Protections Took Effect This Year

by | Feb 12, 2022 | News

By Terri Jo Neff |

Businesses looking just for the right song or music compilation for an advertising campaign have a whole lot of new options, thanks to a major change in U.S. Copyright protections which took effect this year.

All audio or sound recordings made on or before Dec. 31, 1922 are now in the public domain for use without copyright restrictions, thanks to the  Orrin G. Hatch–Bob Goodlatte Music Modernization Act.

More commonly known as the Music Modernization Act of 2018, it provides for the free use of nearly 400,000 audio / sound recordings more than 100 years old that are not subject to copyright or royalties. Such availability is a much more affordable option for companies big and small hoping to find music or songs to use in ads or to use free of royalties to a music services company.

Many early Jazz Age and Blues classics are now in the public domain, including recordings by Mamie Smith, the Original Dixieland Jass Band, and Paul Whiteman. Other recent additions to the public domain include recordings by Al Jolson, Fanny Brice,  and opera great Enrico Caruso.

But the Act is not limited to only music. In fact, all sound recordings -including those featuring only the spoken word- prior to Jan. 1, 1923 became public.  That means speeches by President Warren G. Harding during the first half of his presidency are in the public domain, as is the first radio broadcast of a World Series – the 1921 matchup of the New York Yankees and the New York Giants.

Even the first known audio commercial for a soda pop is now in the public domain, as are several vaudeville sound recordings which represent comedic offerings from more than a century ago.

Under theMusic Modernization Act, sound recordings from 1923 through 1956 will become public domain on a phased-in basis over the next few decades.

It is possible, however, that pre-1923 song recordings have been remixed in more recent years, thus triggering new copyright privileges to the newer version of an old song. As a result, the U.S. Copyright Office provides information about the reuse options of public domain sound /audio recordings on their website via: https://www.copyright.gov/music-modernization/

Arizona House Speaker Proposes to Ban Sexual Orientation, Gender Identity Discrimination

Arizona House Speaker Proposes to Ban Sexual Orientation, Gender Identity Discrimination

by | Feb 11, 2022 | News

By Corinne Murdock |

Arizona House Speaker Rusty Bowers (R-Mesa) is advancing a bill to expand anti-discrimination laws to cover gender identity and sexual orientation: HB2802. The bill has yet to be assigned to a committee. 

The 23-page bill expands the concept of discrimination in businesses, public accommodations, and workplaces from qualities inherent at birth and protected constitutional rights to lifestyle choices: sexual orientation and gender identity. It also clarifies that health care providers may not provide conversion therapy to minors. Exceptions would be made for buildings designated as houses of worship, denominational headquarters, church offices, or for other religious purposes. 

“The regulation of discrimination in places of public accommodation is of statewide concern and is not subject to further regulation by a county, city, town, or other political subdivision of this state,” asserted the bill.

Technically, the bill already garnered bipartisan support: State Representative Amish Shah (D-Phoenix) cosponsored the bill. Shah himself has other LGBTQ initiatives he’s introduced this session, indicating that he would like to see an end to the traditional understanding of marriage. Shah introduced a voter proposition to repeal the provision within the Arizona Constitution that recognizes marriage as existing between one man and one woman.

Bowers’ hometown implemented a similar policy last year. Prior to issuing a citation, city officials will attempt to mediate the complaint. 

This wouldn’t be the first show of Bowers’ bipartisan efforts that, in years past, would’ve toed the line on party values. Bowers introduced a bill that failed last year under the introduction of Minority Leader Reginald Bolding (D-Laveen). Bowers’ version, HB2650, would allow several different law enforcement groups to investigate use of force incidents; Bolding’s version would’ve charged the county attorney or attorney general with investigation. HB2650 would also allocate $24.4 million to create a “Major Incident Division” in the Department of Public Safety (DPS) which would serve as one of the law enforcement groups eligible to investigate use of force incidents, alongside regional law enforcement task forces or outside law enforcement agencies. The state general fund would allocate an additional $600,000 to regional law enforcement task forces.

HB2650 was approved unanimously by both the House Military Affairs and Public Safety Committee and House Appropriations Committee. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Arizona Law Could Get Tougher On Those Engaged In Human Smuggling Transportation

Arizona Law Could Get Tougher On Those Engaged In Human Smuggling Transportation

by | Feb 11, 2022 | News

By Terri Jo Neff |

Prosecutors in Arizona’s border counties have long complained of having no consequential option for charging people who engage in transportation of undocumented non-U.S. citizens (UNCs), but that could substantially change if Senate Bill 1379 is enacted.

It is currently only a Class 1 misdemeanor under Arizona Revised Statute 13-2929 if a person “unlawfully transports, moves, conceals, harbors or shields undocumented immigrants.” A Class 1 misdemeanor conviction provides for a jail (not prison) sentence of no more than six months, and in many courts it can take that long just to get a case to trial.

But SB1379 would reclassify human smuggling transportation activities involving one UNC as a Class 6 felony, making prison time an option. Felony convictions also trigger a loss of many civil rights, including the right to possess or use a firearm.

In addition, the bill would allow state and county prosecutors to charge those involved in the transportation of 2 or more UNCs with a Class 4 felony. This significantly changes the current group prosecution option under ARS 13-2929, which requires at least 10 UNCs to be in a vehicle in order to charge as a Class 6 felony.

SB1379 even redefines who can be charged under state law with engaging in human smuggling transportation. Currently a person must already be in violation of another “criminal offense” in order to be charged under ARS 13-2929. The bill rewords that prerequisite to a violation of a criminal “law or statute.”

The Senate Judiciary Committee passed SB1379 on Thursday. It is waiting to clear the Senate Rules Committee next.

House Committees Pass Bill Increasing Foster Care Stipend For Extended Family

House Committees Pass Bill Increasing Foster Care Stipend For Extended Family

by | Feb 10, 2022 | News

By Corinne Murdock |

Both the House Health and Human Services Committee and the House Appropriations Committee approved a bill to ensure that Arizona’s kinship families, extended families caring for children that would otherwise face placement in the foster care system, have the financial means to take care of their children. Kinship families care for 46 percent of the children in the Department of Child Safety (DCS) system, yet receive $75 a month currently if they remain unlicensed while the average foster family receives over $700 a month irrespective of income. HB2274 would raise that amount to $300, appropriating $24.2 million from the state’s general fund next year. Kinship families wouldn’t be required to submit an application to receive their stipend.

State Representative Jeff Weninger (R-Chandler) introduced HB2274 in response to Governor Doug Ducey’s declaration to increase foster care family resources in his State of the State address last month. Ducey insisted that kinship families should receive the same help as any other family willing to care for a child.

“It can be better for the child, and often, cheaper for the state because historically, they haven’t been treated as foster families. More than 6,000 children in Arizona live in these homes, all the evidence you need that you can’t put a price tag on love,” said Ducey. “So moving forward, these loving extended family members should have the same resources as any other foster family. We’ll make sure of that this year.”

On Ducey’s point of saving the state money: the governor’s office reported during Wednesday’s House Appropriations meeting that the average cost of congregate care was $150 daily, or $5,000 a month.

Ducey applauded the two committees’ bipartisan passage of HB2274 in a press release, noting that kinship families would further receive a helping hand from the Department of Child Safety (DCS). DCS pledged to review its procedures to expedite kinship caregiver licensing. A change from DCS would enable kinship families to receive as much financial support as other foster families.

Only State Representative Jake Hoffman (R-Queen Creek) voted against the bill, in the House Appropriations Committee. State Representative Gail Griffin (R-Hereford) passed on her vote.

The stipend would offset the effects families feel from the current inflation plaguing the Biden Administration. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Parental Right to Decide Child Masking Passes House Committee

Parental Right to Decide Child Masking Passes House Committee

by | Feb 10, 2022 | Education, News

By Corinne Murdock |

On Wednesday, the House Government and Elections Committee narrowly approved a bill from State Representative Joseph Chaplik (R-Scottsdale) prohibiting government entities or schools from requiring minors to wear a mask without the express parental consent. All Democrats voted against HB2616, ensuring Republicans edged out a narrow 7-6 victory.

“I believe parents should make decisions for their children, not the government,” asserted Chaplik. “The states of Florida and Virginia, with bipartisan support, have passed this similar policy. I will continue to stand for freedom in Arizona for our constituents.”

HB2616 would’ve had greater reach than government and K-12 education: the original bill also prohibited mask mandates in private businesses for both adults and for minors, unless the business had express parental consent for the child to wear one. An approved amendment to HB2616 from State Representative John Kavanagh (R-Fountain Hills) struck those additional provisions.

During the committee hearing, Chaplik explained that obtaining consent was up to the schools. When State Representative Sarah Liguori (D-Phoenix) expressed confusion as to whether schools would be required to obtain written consent for a child that showed up to school wearing a mask, Chaplik clarified that the child arriving to school in a mask was sufficient parental consent. 

Liguori lambasted her colleagues for “buying into a political narrative.” She claimed that school districts with mask mandates have opt-out options for parents. That is incorrect. Tucson Unified School District (TUSD), for one, doesn’t mention the option to not wear a mask on school property.

“I hate to get caught up in the politics of the masks, which I believe was intentionally designed as an illusion but its even more of a fantasy to think we as legislators know more than the experts who have trained their entire lives in these fields and have studied the science and data on this day in and day out for the past two years,” said Liguori. 

State Representative Jake Hoffman (R-Queen Creek) challenged Liguori’s assertion that the experts were infallible and that the masks were a political issue. Hoffman reminded the committee of the CDC’s track record of changing their guidelines and goalposts constantly. 

“In reality, the science is on the side that kids should not be forced to wear masks,” said Hoffman. “This is not a political argument, it’s an actual medical science argument. There’s countless medical studies to support this, and there are countless health professionals at the highest levels — especially medical doctors, not just public health professionals because there’s a very big difference between an actual medical doctor and a public health professional — they support this.” 

On Tuesday, the American Federation for Teachers (AFT) President Randi Weingarten pushed back in an interview with MSNBC against the beginning trend to drop mask mandates in schools. Weingarten admitted that masks are not only intolerable but an impediment to learning.

CDC Director Rochelle Walensky has also pushed back, arguing in an interview with Reuters this week that “now is not the moment” to drop mask mandates.  

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.