Press Release
FAQs on the Attorney General Opinion on Parental Notification and Letter on Books in Libraries
November 17, 2023
Why did the Attorney General decide to issue these materials?
As one of the letters states, the Attorney General has recently “been approached many times by concerned parents, community members, and members of school boards” about topics addressed by the Attorney General Opinion and letters. He aims to provide clarity on the relevant laws.
What does AS 14.03.016 say, and how is the subject of gender identity related?
Alaska’s parental notification statute, AS 14.03.016, was passed in 2016. The statute mandates that school boards “adopt policies to promote the involvement of parents in the school district’s education program.” One way the statute achieves this goal is by requiring schools to have procedures for notifying parents “two weeks before any activity, class, or program that includes content involving human reproduction or sexual matters is provided to a child.” Questions have arisen about whether the statute requires parental notification before children are taught about gender identity. The Attorney General Opinion concluded it does. See the Opinion for more specifics.
Does the Attorney General Opinion mean teachers can't respond to questions on gender identity that may come up in discussion or instruction on topics unrelated to gender identity?
No. The parental notification law states that it does not prohibit a school employee or volunteer from answering a question from a child about any topic.
Does the Attorney General Opinion mean teachers may not address gender identity as part of a pre-planned activity or class?
No. The attorney general opinion does not prohibit addressing gender identity, it just clarifies that school board policies must include gender identity as one of the subjects requiring prior parental notification.
Does the Attorney General Opinion change how the State of Alaska interprets the Supreme Court’s decision in Bostock v. Clayton County?
No. In Bostock the United States Supreme Court interpreted a narrow provision of federal law about employment discrimination. The Attorney General Opinion, on the other hand, interprets a state law about public education. Because the two opinions deal with different laws passed by different governments and deal with different terms, they are unrelated.
How does HB 105, which was introduced last legislative session, impact the Attorney General’s interpretation of the parental notification law?
Among other things, HB 105 would have expressly clarified that the parental notification statute applies to gender identity coursework. That has no bearing on whether AS 14.03.016 already applies to gender identity coursework because, as the Alaska Supreme Court has explained, proposed legislation that is offered after a law has been passed is irrelevant to the enacted law’s meaning.
What does AS 14.03.016 require of the school districts?
As explained in the Attorney General Opinion, AS 14.03.016 requires school boards to include “gender identity” as one of the subjects requiring two weeks of parental notification before any activity, class or program that includes this content.
Does the Attorney General Opinion change the required training on sexual assault awareness and prevention training (under AS 14.30.355) and dating violence and abuse awareness and prevention training (under AS 14.30.356, also known as “Bree’s Law”)?
No. These two types of training are excluded from the definition of “human reproduction or sexual matters” in the parental notification statute. Separate statutes address this training.
Is there anything about the Attorney General Opinion that may impact student safety, in particular students who may be struggling with gender identity?
No, the Attorney General Opinion does not remove any protections for students.
Is the Attorney General letter about library books a book ban?
No. The letter merely notifies the recipients of several criminal laws that prohibit adults from giving children indecent materials, under certain circumstances. The Attorney General letter does not mention specific books – let alone indicate a specific book violates a criminal law. The laws cited have general applicability — they are not specific to libraries.
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Department Media Contacts: Communications Director Patty Sullivan at patty.sullivan@alaska.gov or (907) 269-6368. Information Officer Sam Curtis at sam.curtis@alaska.gov or (907) 269-6269.