US School District Accused of Hiding Student Gender Transitions from Parents
Montgomery County Public Schools, a district on the outskirts of Washington D.C., is facing allegations of operating a separate process to support students' gender transitions without informing parents. The issue is drawing attention as it could impact parents' right to know and their rights regarding their children's education.
The legal watchdog group America First Legal (AFL), which leans towards the Trump administration, has filed a formal complaint against Montgomery County Public Schools with the Department of Justice and the Department of Education. AFL claims that the district, through a 14-page booklet titled 'Gender Identity in Montgomery County Public Schools,' has violated constitutional provisions regarding freedom of religion, freedom of speech, and due process. The booklet outlines policies for transgender or gender non-conforming students under the premise of ensuring 'a culture of respect and equity.' The district did not immediately comment, citing an internal policy not to comment on ongoing legal matters.
The 'Communication with Families' section of the booklet instructs staff to first assess the level of 'support' within the home through student interviews. Based on this assessment, staff are to independently decide whether to inform parents about a student's name change request, gender identity change, or desire to sleep in the same room as students of the opposite sex during overnight field trips. AFL pointed out that this structure effectively makes parents' right to know subordinate to the subjective judgment of school staff.
AFL is raising concerns not only about the information-sharing criteria. The booklet also includes a provision stating that the forms (Form 560-80) created during the process of developing a 'gender support plan' for students should not be kept in the student's cumulative records or confidential files. AFL claims this directive is intended to exclude such forms from records accessible to parents under the federal Family Educational Rights and Privacy Act (FERPA).
The booklet also states that students have the right to be addressed by their chosen name and pronouns.