Top school district slapped with complaint alleging 'elaborate system' to keep kids' gender transitions secret
FIRST ON FOX: One of the largest school districts in the country is facing allegations that it lets teachers decide if parents are sufficiently "supportive" enough to tell them about their child's desire to switch genders.
Trump-aligned America First Legal (AFL) filed a formal complaint against Montgomery County Public Schools, which is in the suburbs of Washington, D.C., with the Departments of Justice and Education, alleging it has been violating the constitution and other federal law through its "Gender Identity in Montgomery County Public Schools" handbook. AFL goes on to allege the school district repeatedly instructs staff to condition parental involvement on whether a parent is deemed "supportive" enough.
Under a section of the plan titled "Communication with Families," the handbook instructs that faculty should talk with a student to "ascertain the level of support" they receive at home to help make decisions on whether to share with parents that their child requested to change their pronouns, be called by a different name, or even sleep with the opposite biological sex during overnight field trips.
Part of the "system" AFL also describes in its complaint guidance from the handbook that instructs educators to leave such gender-related information out of documents federal law allows parents access to.
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The watchdog claims Montgomery County Public Schools is violating the Free Exercise, Free Speech and Due Process Clauses in the Constitution, as well as the Family Educational Rights and Privacy Act (FERPA), with their policies that keep parents in the dark. The district did not immediately comment on the complaint, citing policy not to comment on pending litigation.
The non-grade specific, 14-page "Gender Identity" handbook, aimed at ensuring "a culture of respect and equity," sets forth policies for any student wishing to identify as "transgender" or "gender nonconforming." The handbook includes a section about developing a "Gender Support Plan" for students to ensure they have "equal access and equal opportunity to participate in all programs and activities at school" and to ensure they are protected from "gender-based discrimination at school."
An element of creating that plan includes filling out an intake form, called Form 560-80.
"The completed form must be maintained in a secure location and may not be placed in the student’s cumulative or confidential files," the plan states. "While the plan should be consistently implemented by all school staff, the form itself is not intended to be used or accessed by other school staff members." AFL alleges in their complaint that the district "does not explain this directive," but notes "the only apparent purpose is to prevent the form from being placed in records that parents are entitled to access under FERPA."
There is also a section in the handbook on students' permanent records, which parents have a right to access under FERPA.
"All students have the right to be referred to by their identified name and/or pronoun" the plan asserts. However, it also notes, that "students are not required to change their permanent student records … as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name."
"The school must protect the student’s previous identity once a change to a student’s gender and/or legal name has occurred," the section continues.
The plan cites students' privacy directly after the section about communicating with families. "All students have a right to privacy. This includes the right to keep private one’s transgender status or gender nonconforming presentation at school," the plan states.
The handbook goes on to say that information about a student's transgender status constitutes "confidential medical information," and it argues that sharing such information with parents or guardians is a FERPA violation in and of itself.
Meanwhile, in a different section of the handbook titled "Communication with Families," educators are explicitly instructed that "prior to contacting a student’s parent/guardian," they "should speak with the student to ascertain the level of support the student either receives or anticipates receiving from home."
"In some cases, transgender and gender nonconforming students may not openly express their gender identity at home because of safety concerns or lack of acceptance," the section continues.
"Matters of gender identity can be complex and may involve familial conflict. If this is the case, and support is required, Department of Student Conduct and Appeals (DSCA) should be contacted. In such cases, staff will support the development of a student-led plan that works toward inclusion of the family, if possible, taking safety concerns into consideration as well as student privacy, and recognizing that providing support for a student is critical, even when the family is nonsupportive."
In addition to communication, the plan also extends these parental notification policies to the use of intimate spaces typically reserved for the same gender, including sleeping arrangements for overnight trips. The plan effectively states, according to AFL, that students can both pick which facilities they want to use, including for overnight field trips, and teachers are not allowed to tell parents about it.
"Montgomery County Public Schools has constructed an elaborate system designed to keep parents in the dark about some of the most consequential decisions affecting their own children," said America First Legal's Ian Prior. "Federal law and the Constitution are unambiguous: parents have the fundamental right to direct the upbringing of their children and to access their children’s education records. MCPS’s policies turn both of those principles on their head."