One of the largest school districts in the U.S. is coming under fire after allegations arose that it allows teachers to decide if parents are sufficiently “supportive” enough to inform them of their child’s wishes to change genders. America First Legal (AFL) filed a formal complaint against Montgomery County Public Schools, located in a suburb of Washington, D.C.
The AFL, along with the Departments of Justice and Education, allege that the district has been violating the Constitution through its “Gender Identity in Montgomery County Public Schools” handbook. The AFL also alleges that the school district repeatedly gives staff instructions to condition parental involvement concerning whether the parent of a student is considered to be “supportive” enough to be notified about their child’s gender transition.
The handbook includes a section titled “Communication with Families,” that tells members of the faculty to talk with students to “ascertain the level of support” they receive at home to determine whether to share a child’s request to change their pronouns, be called a different name, or even sleep with members of the opposite biological sex during overnight field trips, with their parents.
According to Fox News, AFL describes guidance from the handbook in its complaint that informs educators to leave gender-related information out of documents that parents are allowed to access by federal law. The organization also claims that Montgomery County Public Schools is violating the Free Exercise, Free Speech and Due Process clauses in the Constitution, along with the Family Educational Rights and Privacy Act (FERPA) with policies that prevent parents from knowing about their child’s gender switch.
The 14-page “Gender Identity” handbook, which is not grade-specific, says its mission is to create a “culture of respect and equity,” and includes policies for ensuring a student’s wishes to identify as “transgender” or “gender nonconforming.” There’s also a section contained in the handbook dedicated to developing a “Gender Support Plan” for students to make sure they have “equal access and equal opportunity to participate in all programs and activities at school” and are protected from discrimination.
Part of creating the plan is 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 goes on to say. “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 says in their complaint that the district “does not explain this directive,” adding “the only apparent purpose is to prevent the form from being placed in records that parents are entitled to access under FERPA.” The handbook also contains a section on students’ permanent records, which, thanks to FERPA, parents have a right to access.
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“All students have the right to be referred to by their identified name and/or pronoun,” the plan continues. But it also states 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 section then explains that “The school must protect the student’s previous identity once a change to a student’s gender and/or legal name has occurred.”
One argument the handbook makes for concealing information from parents is that a student’s transgender status counts as “confidential medical information,” claiming that to share such information, even with parents, would itself violate FERPA. It also states that educators are to speak with the student before talking with their parent or guardian to “ascertain the level of support the student either receives or anticipates receiving from home.”
“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,” America First Legal’s Ian Prior said about the handbook. “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.”