Kansas teachers have had concerns about SB-56 for some time. The legislation, which allows for teachers to be prosecuted for distributing pornography to minor should their classwork be perceived as against the moral judgement of the community, was viewed by librarians, art teachers and sex ed teachers as a dagger into the protection normally afforded teachers -- the protection against trumped up charges.
Yesterday in the capital, SB-56 passed the senate. This in itself isn't surprising, as Republicans hold the super majority in the senate; what caught many educators by surprise is that no Democrat stood in opposition, made procedural attempts to stop the bill or attempted to tack on amendments to slow the bill down.
In a move that seemed like something out of "House of Cards" in which advocates stay silent, press and advocates around the statehouse weren't sure exactly what happened.
http://www.kansas.com/...
Senate Democrats had planned to fight the bill, Sen. David Haley, D-Kansas City, said. However, Haley had stepped out of the chamber and Senate Minority Leader Anthony Hensley, D-Topeka, was in a meeting in his office when the bill came up for discussion.
In their absence, no other Democrats stepped forward to oppose the bill. There are six Democrats in the Senate besides Haley and Hensley.
“I’m equally confused considering the chilling effect it has or will have on education in our state,” Haley said after the vote. “Someone just dropped the ball.”
The bill will be up for a final vote tomorrow, but the opportunity to amend it and voice objections was Tuesday. Haley said there was no excuse for Democrats failing to fight the bill.
“How do we fight it tomorrow? Tomorrow’s just a straight up or down vote. … It’s just shortsighted and unfortunately we did not have a more vigorous debate,” Haley said. “I stepped away for a moment, as did other members, and I came back and the bill had already been discussed.”
In a yea or nay voice vote, no voice rose in opposition to the legislation.
Bryan Lowry of the Wichita Eagle stayed in the capital and kept track of what was happening with the legislation, and his pointed commentary made clear that something was clearly amiss -- as a bill with vocal opposition from groups like Planned Parenthood just went through without a word uttered from the floor.
Numerous outside groups including the KNEA offered vocal continuous calls to stop the legislation. The bill, which sailed through, will face a recorded vote today but per the rules no amendments or alterations can be made in the legislation now, as only an up and down vote may occur. This vote is a mere formality at this point.
While some believe that there may be a drive to the courthouse to protest this issue, many attorneys tell me that this is an issue that is likely to pass constitutional muster as it doesn't dictate exact practices instead. The legislation simply removes the protection of prosecution.
Whether or not the specter of prosecution ends up with teachers in handcuffs or not, the chilling effect will likely cause school boards to re-evaluate curriculum and classroom policies.
Kansas House Democrats noted in private commentary that they were "unsure" why the ball was dropped in the senate, but the bill will face a vigorous response in the house.
For more information about this legislation, please read these diaries:
http://www.dailykos.com/...
http://www.dailykos.com/...