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RS 32404 introduced to require online learning materials and bar certain instruction K–3; members flagged vagueness

2408597 · February 20, 2025
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Summary

Representative Dale Hawkins presented RS 32404, which would require public schools to publish learning materials online and would prohibit classroom instruction on sexual orientation or gender identity for kindergarten through third grade; the committee voted to introduce the RS for a hearing.

Representative Dale Hawkins presented RS 32404, a measure that would require public schools to publish learning materials online and would prohibit classroom instruction on sexual orientation or gender identity from kindergarten through third grade in a manner that is not age-appropriate or developmentally appropriate.

The RS’s text, as discussed in committee, would require districts to publish textbooks, course syllabi and supplemental materials on the district website by Oct. 1 each year. Hawkins said the requirement is intended to “ensure that parents have full visibility into what their children are being taught.”

Section 5 of the RS would require school policies that prohibit classroom instruction by school personnel on sexual orientation or gender identity in kindergarten through grade 3 or in ways the sponsor deems not age-appropriate or developmentally appropriate and “in accord with state standards,” according to the RS language read in committee.

Members pressed the sponsor for definitions and technical clarity. Representative Church asked what “classroom instruction on gender identity” means in practice and worried the language is broad enough to capture routine classroom activity or medical-related guidance (for example, a teacher directing a student to the nurse). Representative Tanner and others asked whether materials required to be posted by Oct. 1 should be available before the school year begins; Representative Marmon suggested making the material available prior to the first day of school. Members also debated whether the restriction should apply beyond grade 3; Representative Tanner said he would prefer K–12.

Other members raised operational concerns: teachers frequently add materials during the year, and administrators and school staff may have to respond to events or student questions that arise after materials are posted. Representative Garner and Representative Nelson asked for practical guidance about how schools would handle medically related issues (Representative Nelson noted the reality that some students begin menstruation in fourth grade and sometimes earlier). Representative Sauter asked whether private schools should be included; Hawkins said that issue was outside the RS’s scope.

Representative Church moved to return the RS to the sponsor earlier in the proceeding; the committee later approved a substitute motion to introduce RS 32404 for a hearing. Church said he would record concerns and intended to be recorded on the vote. The committee did not finalize definitions or administrative details; members asked sponsors to be prepared to provide technical clarifications and to address how the measure would be administered if introduced for a full hearing.