A school board member has filed a lawsuit against Arizona’s largest school district alleging officials have actively encouraged and aided children to “transition” away from their biological sex and kept the information “hidden” from parents at the request of students.
It lists the Mesa Unified School District No. 4 (or MPS) and Superintendent Andi Fourlis as defendants.
According to the lawsuit, which seeks to “restore accountability to Mesa Public Schools and ensure that parents’ rights are respected and students are protected,” MPS is the largest public school district in Arizona, serving approximately 55,000 students in 78 schools.
Since at least August 2015, MPS has maintained a policy of aiding students who want to transition to “represent themselves as having a gender different from their biological sex,” without notifying the parents of the child if the child requested they not be informed, the lawsuit states.
The transgender guidelines, titled “Guidelines for Support of Transgender and Gender Nonconforming Students,” were never legally adopted by the school board and violate the U.S. Constitution, as well as state law on parents’ rights, the lawsuit claims.
State law only allows a school district governing board to adopt “policies and procedures to govern the schools,” the lawsuit notes.
“This case involves an astonishing situation that once would have been unthinkable: a school district policy to assist and encourage students who want to represent themselves as having a gender different from their biological sex, and which forbids the notification of parents,” the complaint begins.
‘Lack of Respect for Democratic Principles’
“The policy also violates many other statutes, such as the requirement that ‘parents will be notified in advance of ... any instruction ... or presentations regarding sexuality,’ and the requirement that parents provide consent before any ’mental health screening in a nonclinical setting or mental health treatment on a minor,'” the lawsuit states.“Even worse, in a brazen lack of respect for democratic principles, MPS maintains this policy of parental non-notification and facilitation of sex transition even though the elected MPS Governing Board, the only entity authorized by state law to adopt ‘policies and procedures to govern the schools,’ has never voted to adopt any such policy,” it adds.
The lawsuit further claims that the MPS guidelines also allow students to access restrooms and locker rooms that “correspond with their gender identity consistently asserted at school” and use a chosen name and gender pronouns that “reflect their identity.”
Such students may also take part in school activities, including overnight field trips, and sports activities in accordance with their gender identity, although, in compliance with Arizona Revised Statutes, “interscholastic or intramural athletic teams or sports designated for ‘females,’ ‘women,’ or ‘girls’ may not be open to students of the male sex,” the lawsuit notes.
Ms. Walden is asking the court to declare the policy unlawful without a board vote, and to direct MPS and its employees to immediately notify parents or guardians whenever a student attempts to discuss any matters of sexuality with school employees, “including when students express confusion or concern about their gender or sexual identity or when they express a desire to transition to represent themselves as having a gender different from their biological sex.”
The lawsuit also asks the court to direct MPS to obtain advance consent from parents or guardians before any school employee “engages in a discussion with a student about any such subject.”
Legal Firm Finds Policy Lawful
MPS sought legal advice earlier this year on whether the transgender guidelines violate state law and the Mesa-based law firm of Udall Shumway ultimately found that they do not.“Although we do not know what the future holds in terms of changes in federal agency administration or Congressional action, the proposed federal regulations we expect to go into effect this summer will very likely strengthen protection for students who face discrimination based on sexual orientation or gender identity,” they continued.
The legal team concluded that the current version of the MPS Guidelines does not violate either state or federal laws and follows MPS policy.
“Additionally, we see no contradiction between what the law requires under the Arizona parents’ bill of rights and what the Guidelines recommend to staff as a tool to assist in addressing the students’ needs,” the lawyers added.
“School should be a place where everyone feels safe and able to focus on learning. These constant attacks on LGBTQ kids & educators accomplish nothing -- except advancing an extreme political agenda,” the group said.
In a statement announcing the lawsuit, America First Legal Vice President and General Counsel Gene Hamilton said, “Not only do parents have the fundamental right to direct the upbringing of their children, but the Constitution and Arizona law forbid the types of policies we are challenging here for our client.
“School districts like MPS have an obligation to notify parents if their child attempts to identify as a different sex. The people of Mesa are rightly outraged by these radical policies and we will fight for the right of every parent to direct the upbringing of their children,” Mr. Hamilton concluded.
The Epoch Times has contacted a spokesperson for Mesa Unified School District for further comment.
