A bill that would require Arkansas public schools to show students a human development video stalled in committee Monday.
Since Rep. Mary Bentley, R-Perryville, introduced House Bill 1180 last week, the legislation has received pushback from critics who’ve questioned its age appropriateness, medical accuracy and limitation to a single 3-minute video developed by anti-abortion group Live Action.
HB 1180 proposes incorporating a human growth and development discussion into existing health and safety courses beginning in fifth grade. The discussion must include a high-definition ultrasound video and the “Meet the Baby Olivia” video that depicts fertilization and stages of in-utero development of a computer-generated fetus.
Similar bills have passed in North Dakota and Tennessee, and are under consideration in other states like Iowa, Nebraska and Oklahoma.
While presenting HB 1180 to the Senate Education Committee Monday, Bentley addressed concerns raised in committee and on the House floor last week. Bentley argued the video is age appropriate because sex education can begin in fifth grade and that the bill doesn’t need specific language to allow parents to opt their children out of the lesson because that already exists in other state law.
Sex education is not required in Arkansas, a state with a historically high teen pregnancy rate. When sex ed is taught, state law mandates that abstinence is emphasized.
Bentley also maintained the video accurately depicts human development from the moment of fertilization. Opponents of the bill, including healthcare professionals, have argued the video is confusing and medically inaccurate because OBGYNs measure fetal development based on a person’s last menstrual cycle, not from fertilization.
Republican committee members Sens. Dan Sullivan of Jonesboro and Breanne Davis of Russellville both raised concerns about the bill limiting the classroom discussion to this one specific video. The bill doesn’t preclude districts from adding more videos to the lesson, Bentley said.
“This video’s been approved by our surgeon general, an OBGYN-certified physician here,” she said. “I believe it’s a great video. Why would we want school boards to have to go through and find another fetal development film that covers all these issues that’s not been scientifically proven and backed by our surgeon general? I’m just making it easier for the school boards.”
Because HB 1180 specifically states what must be shown for the human development discussion, Davis argued that more legislation would have to be passed in order for school districts to add content to that discussion.
As a mother of four who’s had two miscarriages, Davis said she talked to her children about human growth and development from a young age and thinks it’s good to have that conversation in schools. Teaching human growth and development is not the controversial part of this bill, but rather the way it’s depicted because it differs from how doctors discuss pregnancy, she said.
Davis also said she’s “frustrated and angry” that support or opposition to the HB 1180 is being framed as being “pro-life or pro-choice,” which backs “people into a corner to support something that is not honest or true about the bill.”
“Me being against this bill and that it’s not right to say this is how we define human growth and development in public schools does not make me pro-choice or anti-life…I am pro-life and I think we should be discussing this in a different way in the classroom,” she said.
Two people spoke for the bill and six spoke against it. Echoing concerns from the public and his colleagues, Sen. Joshua Bryant, a Rogers Republican and co-sponsor of the bill, said he was worried that the legislation does not contain language that would prohibit Live Action from changing the video’s content in the future.
“I may agree with it today, but I’m not going to be here in several years and what if Live Action becomes something that I don’t agree with tomorrow,” Bryant said. “…Live Action tomorrow may change their stance, and it may be to our detriment that we are mandating this to be taught at our schools and then not having the ability for our schools to have other options.”
The committee’s decision on the bill ended with some confusion over the voting process. Bryant offered a motion for a do pass with discussion. Bentley, who had already closed for her bill, indicated she would be willing to pull it for edits.
When Bryant withdrew his motion, Sen. Stephanie Flowers, D-Pine Bluff, made a do not pass motion. Flowers, Davis, Sen. Reginald Murdock, D-Marianna, and Sen. Jane English, R-North Little Rock, voted in favor of the motion. Bryant, Sullivan and Sen. Jim Dotson, R-Bentonville, voted against the motion. Sen. Bryan King, R-Green Forest, was absent.
Though the motion gained a majority of the votes, Dotson questioned if the motion required a majority of the total committee to pass or the majority of those present.
After a brief recess, the Senate parliamentarian clarified that five votes are required to approve a motion in eight-member Senate committees. Committee rules also dictate that if senators approve a do not pass motion, a bill is dead.
Because the do not pass motion failed, Bentley may bring her bill back to the committee at a later date.
This story was originally published by the Arkansas Advocate.
