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Senate committee presses sponsor to define 'gender identity' as parental-notification bill is revised
Summary
Senate Education Committee advanced discussion on SB 389, a parental-notification and opt-out proposal for instruction on sexual orientation and gender identity that sponsors say applies only to material outside state standards; sponsor agreed to add an in‑bill definition and return with amendments.
Little Rock — The Senate Education Committee debated a bill intended to require parents be notified and given an opportunity to review or opt out when school districts teach material on sexual orientation or gender identity that falls outside Arkansas academic standards.
Senator Ballinger (Senate District 5), the bill sponsor, told the committee SB 389 would require districts to provide advance notice and access to curricular materials when instruction “is outside the existing academic standards,” and would allow parents to opt their child out without academic penalty. Ballinger said the change is intended to give parents “the opportunity to know” what will be taught when districts choose curriculum beyond state standards.
Lance Kinzer of the First Amendment Partnership, who testified in support, said many states have opt‑out or opt‑in regimes for sex education and that the bill’s approach aligns Arkansas with that practice. “The bill takes no position on whether it is appropriate to teach comprehensive sex education,” Kinzer said; it “merely says that if districts choose, parents should receive advanced notice and a meaningful opportunity to review materials.”
Several senators pressed Ballinger on the bill’s definition of gender identity, which the text anchors to the Diagnostic and Statistical Manual of Mental Disorders (DSM‑5). Senator Elliott asked why the DSM‑5 is used, noting the manual contains clinical diagnostic language; Ballinger said the DSM‑5 is a commonly used definitional source. Senator Ledding and others urged adding a plain‑language definition on the face of the bill to avoid confusion.
Stacy Smith of the Arkansas Department of Education told the committee there is currently no statutory requirement for parental notification on the subjects enumerated in SB 389; ADE’s standards do mandate certain sex‑education elements (such as abstinence and avoidance strategies), but the department said the broader notice requirement in SB 389 would be new. Smith also confirmed that the draft places the obligation on districts to develop a notice plan and does not impose a direct statutory duty on individual teachers.
Ballinger agreed to review Representative Cozart’s related house language, add a definition to the bill or an amendment, and return with revised language for a Monday session. The transcript shows the committee discussed but did not record a final vote on SB 389 during this hearing.
What’s next: The sponsor said he will file an amendment to include a clear definition and fast‑track the bill back to committee on Monday for further consideration.
