NC GOP bill would allow the public to sue schools over Parents’ Bill of Rights law
Legislation filed Tuesday by North Carolina Republican lawmakers would allow parents and others to sue schools alleging violations of the Parents’ Bill of Rights.
Under House Bill 636, GOP lawmakers would allow people to sue school districts seeking damages of up to $5,000 per violation of the Parents’ Bill of Rights law. The Parents’ Bill of Rights prohibits gender identity from being taught in grades K-4 and requires parents to be notified if their children want to use a different name or pronoun in school.
The “Promoting Wholesome Content for Students” bill also sets out requirements for selecting school library books, saying materials must not be “harmful to minors.” It was filed a day after another GOP-sponsored bill that would allow North Carolina public school librarians to be criminally prosecuted on charges that they’re providing library books that are “harmful to minors.”
The primary sponsors of House Bill 636 are Rep. Neal Jackson, a Moore County Republican; Rep. Brian Biggs, a Randolph County Republican; Rep. David Willis, a Union County Republican; and Rep. Jennifer Balkcom, a Henderson County Republican.
Parents’ Bill of Rights enforcement
The Parents’ Bill of Rights was passed in 2023 by Republicans over the veto of then Gov. Roy Cooper, a Democrat. The law had multiple provisions, including parental notification if children want to use a different name or pronoun in school.
The law also says students will not receive instruction on gender identity, sexuality or sexual activity in grades K-4.
Supporters of the law said it was needed because some teachers were promoting an LGBTQ+ agenda. Opponents of the law say it’s created a hostile learning environment for LGBTQ+ students and staff.
Currently, parents can file complaints with the State Board of Education. But the state board has said it has no enforcement authority under the law.
Under the new proposal, a parent or resident of a county in which a school district is located can seek civil remedies for violations of the Parents’ Bill of Rights. This can include declaratory relief, injunctive relief, damages of $5,000 per violation, reasonable attorneys’ fees and costs, and any other appropriate relief in the determination of the court..
People would need to exhaust all administrative remedies before they can file a lawsuit.
Database of rejected school library books
Most of the bill, though, focuses on setting standards for the books that can be put in school libraries. This includes requiring the State Board of Education to maintain a publicly available database of all library books rejected by school districts.
The bill stops short of House Bill 595, which was filed Monday, in removing exemptions from state obscenity laws for public schools. But House Bill 636 does say schools won’t provide library books that are “harmful to minors,” which is defined in the legislation as “any material or performance that depicts or describes sexual activity or is pervasively vulgar.”
Speakers have regularly shown up at school board meetings to read excerpts from books they argue are too sexually explicit to be in school libraries.
Other requirements in the new bill include:
▪ Public listing on the school district’s website of all the library books being considered for purchase.
▪ If a book gets 10 letters of objection, a district-appointed community library advisory committee would recommend to the school board whether to approve the book.
▪ School boards would have to vote at a public meeting whether to accept the library books recommended by the superintendent.
▪ Principals would need to have someone review all the books before a school book fair is held.
“Pornographic content is never appropriate in an educational setting. Exposure to sexually explicit material is devastating and traumatic for children, and it can have lasting psychological effects,” Tami Fitzgerald, executive director of the NC Values Coalition, said in a statement Tuesday.
“This bill would put in place common-sense criteria to protect our children and ensure that the materials we provide them are appropriate for their developmental stage. Our schools should be places that nurture the development of young minds, not expose them to harmful material that robs them of their innocence.”
This story was originally published April 1, 2025 at 2:07 PM with the headline "NC GOP bill would allow the public to sue schools over Parents’ Bill of Rights law."
