Q&A with Senator Elena Parent on HB 1084

Interview took place on April 11, 2022

Around midnight on Sine Die, and just a few blocks away from where the Walking Dead zombies once dragged themselves around Georgia State University campus, a zombie bill was in the process of awakening under the Gold Dome. But zombie bills and actual zombies are only alike in that they were both once so dead, or close enough to it, that they are forced to re-emerge in some other form. Unlike real movie zombies, zombie bills, wherein a bill or some version of a bill that cannot pass on its own gets added on as an amendment to another bill, have the capacity for stealth. 

Such was the case for HB 1084- a bill which primarily defines “divisive concepts” in education, and provides for an investigation process into educators accused of teaching such concepts- which was hastily attached to an amendment providing for an executive oversight committee to govern athletic associations, explicitly granting them permission to prohibit trans girls, at the high school level, from participating in interscholastic sports.  

Kat Maddox from The Peach Pit contacted Senator Elena Parent, who, as a member of the Senate Education and Youth Committee, witnessed the collective hearings of the original HB1084, and those of its zombie amendment, in its former life as SB 435, in an effort to examine the specifics of the bill as passed, as well as its implications. 

Kat Maddox: As one of the bills placing restrictions on what can be taught in schools, HB 1084 received a lot of attention and has been much debated. On the last day of the legislative session, the amendment added to the bill, is an iteration of another hotly contested bill, SB 435, which originally sought to ban all trans girls from playing sports in the state of Georgia. Would you mind briefly explaining what the bill will mean for educators once it is passed, as well as how the amendment has changed since it was a stand-alone bill? 

Senator Parent: So 1084 lists these “divisive concepts-” most of them shouldn’t be taught, most of them are not objectionable, some are. The most objectionable one is that you’re not allowed to give credence to the idea that there is systemic racism in its current form in the U.S.

 I think the biggest impact will be teachers being nervous that they could be under scrutiny or called up for some kind of punishment if they talk about racism or other racial topics, which does a disservice to students and teachers. I don’t think what [HB1084] says on the page will change many lessons that much, because there really aren’t lessons within the broad curriculum that violate any of those concepts. The bigger fear would be further retrenchment from really engaging students on some of these matters of current events and ongoing conflicts towards racial equity and racial parity in the United States. Those sorts of conversations could definitely be chilled, and that’s probably the biggest impact.

The amendment is very different from what it was as a stand-alone bill. As a stand-alone bill, it said you could not have someone listed as male on their birth certificate- that child couldn’t play on the team that had been designated for the other sex, no matter their gender identity. That’s how it started. And as it passed, it basically formed a sports oversight study committee. So one of the things [the committee] can look at is whether or not there should be some restrictions at the high school level for transgender athletes. 

Kat Maddox: The way that I was reading the bill, it looks like [the implementation of restrictions on transgender athletes] is optional.

Senator Parent: It’s totally optional. I don’t know what [the committee] will do or won’t do- the only topic they seem to directly address is that they can look into whether to issue some guidance or regulations around transgender athletes at the high school level. It doesn’t say they have to, and it remains unclear whether there are any other topics they will or could look into. 

They’re basically saying there has to be an executive oversight committee over all of the athletic associations and [the athletic associations] have to comply, or they can’t participate in interscholastic sports events. There [will be] ten members of it. [HB 1084] says they can conduct any audit, review, or investigation they deem necessary. 

Kat Maddox: I noticed when they were referring to the trans student-athletes that they were specifically referring to trans girls. 

Senator Parent: Yes, although they say “gender” when they might mean “sex.” So basically, it says that this organization can issue some guidelines and regulations around participating schools and classification of schools, and this other thing about prohibiting “those whose gender is male.” I would say it’s not even constitutional, because it treats people of different genders differently, but because it’s not a policy adopted, they probably could try to adopt something in a way that would pass muster.

Kat Maddox: So there is sort of a loophole there with this committee, as it’s not explicitly requiring [athletic associations] to [ban trans girls from school sports]?

Senator Parent: Yes, this is not the policy itself. The policy itself would be generated from the oversight committee. 

Kat Maddox: So would you say this amendment is less harmful than the original stand-alone bill?

Senator Parent: Yes, I do think it is less harmful for sure. 

Kat Maddox: You stated on Twitter that 1084 may violate Georgia’s own state constitution, which does not allow for two different concepts to exist in a single bill. In your opinion as a lawyer, what do you think is the likelihood of this bill being struck down or litigated? 

Senator Parent: I am not totally sure. You are not allowed to have two subject matters on the same bill, but I guess theoretically, [the original HB 1084 and the amendment] are loosely tied together, it just depends on how expansive the analysis would be. They need to be more than just in the same code section- I’d have to look at case law around what’s been considered, in the past, a single subject matter. One deals with curriculum; one deals with sports. They do both deal with K-12 education.

Kat Maddox: Close to midnight on Sine Die, Lieutenant Governor Duncan refused to allow the amended version of HB 1084 to be read before bringing it to a vote. As far as zombie bills go, how unusual is this? And can you please talk about what happened, as you have on social media, when you and your colleagues attempted to be recognized by the speaker? 

Senator Parent: It’s not that unusual for a bill to be added, it’s not totally unusual. And [on Sine Die] there were no questions permitted, no general recognition, no speeches allowed to be made, we didn’t have the bill in front of us, the presenter didn’t mention the addition of the athletic oversight committee. A lot of us had our lights on and were trying to be recognized. The minority leader did get recognized to make a motion to print, which did go to a vote and failed. Towards the very end, the Lieutenant Governor recognized Senator Harrell, but that was it. 

Kat Maddox: I was just wondering if it was unusual for them to have an amendment and then not to read it, or does that happen on Sine Die because of a time issue? 

Senator Parent: No, I haven’t seen that before.

Kat Maddox: While there was some opportunity for public comment on HB 1084, students who will be most directly impacted by education bills were twice prevented from testifying about them in the Senate Education and Youth Committee. Can you talk about what happened to the students from Savannah, and your decision to advocate for them?

Senator Parent: Yeah, I thought it was really a terrible thing that they had come here, traveled all that way to be heard on a bill that directly impacts them, and were denied that opportunity, and I thought their voices needed to be heard.

Kat Maddox: Are there preventative measures that the legislature can take to safeguard public testimony for the future, or is it always going to be up to the Chairperson’s discretion?

Senator Parent: There will be certain things in the Senate rules, and I think we use Mason’s rules as a fallback if our Senate rules are silent, but no, I don’t think there is any constitutional requirement for public testimony. It’s very badly run, and absolutely makes a lot of people angry. When you set an example or a procedure that you are going to have hearings on bills and then you don’t, especially when you’ve let people sign up, it just looks like a legislature really gone amok, one that isn’t really taking its job to the public seriously. 

Kat Maddox: I was thinking of other states that require, for example, 48-hours notice before a public hearing, things like that. 

Senator Parent: Yes, there are procedures by which the Senate rules can be changed. 

Kat Maddox: Do you foresee [the Senate rules being changed] at some time in the future, or is it not really a big priority at present?

Senator Parent: I don’t think the Republicans want to change them, I think they want to be able to do what they want.

Kat Maddox: When SB 435 was presented in the Education Committee, of which you are a member, you questioned the purpose of excluding trans girls from school sports, [https://vimeo.com/675236390 Watch 49:55-51:09] when trans adults are included in elite sports events, including the Olympics. Do you worry that preventing children from learning so-called “divisive concepts,” is likewise stunting for them, in a globalized society in which other students are learning more comprehensive history?

Senator Parent: I think the message that it sends that we don’t want to explore and try to counteract racial inequality is not a good one, and you know, it could lead to some more sanitized versions of history, which already exist in many ways in textbooks, because, as they say, history is written by the victors, so I think it is better for students to have a more unvarnished look at the good and the bad, and have honest conversations about it.

I think that would help [students] navigate a very global world, and I do think efforts like this are counterproductive and anti-intellectual. [HB 1084] could do some damage, but how much it will do long-term remains to be seen.

UPDATE: Since this interview was published, the Georgia High School Association voted unanimously to ban all trans athletes from playing on high school sports teams corresponding to their gender identity. According to Senator Parent, this now “enacted policy will make it easier to litigate,” once an affected plaintiff presents themselves. The Georgia Youth Justice coalition is circulating a petition protesting the law, and will be hosting weekly Trans Rights Coalition organizing calls through June 27.