Federal judge denies Chico mother’s request for injunction

Woman claims school officials ‘socially transitioned’ daughter, wants policy eliminated

SACRAMENTO >> In response to a lawsuit filed against the Chico Unified School District, a judge in the U.S. District Court for the Eastern District of California denied a preliminary injunction which a Chico mother sought in her filing.

Senior Judge John A. Mendez issued his decision March 8, responding to Aurora Regino, who claimed in her suit that her 11-yearold daughter was “socially transitioned” by a counselor at Sierra View Elementary School without Regino’s knowledge or consent. By that, the suit claims the counselor “informed (the child’s) teachers that she was to be called by her new name and referred to by male pronouns.”

The suit also claims after the school failed to inform Regino of the daughter’s gender dysphoria and the subsequent associated actions, the counselor “actively discouraged (the child) from informing (Regino) and instead advised her to inform other family members first.” Apparently, according to the denial ruling, the child informed her grandmother, who then advised Regino the same day.

Regino claims in her suit that the district acted under AR 5145.3, a regulation which permits school personnel to socially transition students expressing a transgender identity, and prohibits school personnel from informing a student’s parents of this change unless the student expressly authorizes them to do so.

Regino, in her lawsuit, said she “spent the following months in contact with school district personnel to express her concerns about the regulation and advocated for the school district to change it.”

Dissatisfied with the CUSD’s unwillingness and inability to change or eliminate the policy, basing its decision on California state law, Regino filed her lawsuit Jan. 6 and specifically named board members Caitlin Dalby, Eileen Robinson, Rebecca Konkin, Tom Lando and Matt Tennis, along with Superintendent Kelly Staley, as defendants in their official capacities only.

District personnel received paperwork from the lawsuit Jan. 13.

In his denial of the injunction, Mendez concluded the 15-page document by saying: “It is not necessarily a school’s duty to act as an impenetrable barrier between student and parent on intimate, complex topics like gender expression and sexuality, particularly when students can be as young as five years old.

“On the other hand, granting parents unimpeded access to and control over a student’s personal life can result in conflict that makes students feel vulnerable and unsafe both at home and at school, depending on their parents’ personal beliefs.

“There are also practical concerns about the enforceability of anti-harassment policies like the Regulation, particularly in cases where a school could be prevented from providing institutional support and protection for certain marginalized identities because of parents’ personal beliefs. However, these concerns are not dispositive in this case and are better suited for deliberation by the legislature.”

Staley announced the denial by way of a memo sent electronically to district parents and also posted on the CUSD website. She wrote: “The motion for a preliminary injunction is just the first step in what could be a lengthy legal process. Chico Unified believes we have not violated the law. Further, we believe that this case should not be directed at Chico Unified or any individual school district.

“If the plaintiff desires a change in the law and/or the guidelines set forth by the California Department of Education, we encourage them to take action with the state and/or federal government to enact such changes. To force Chico Unified to defend against a lawsuit based on laws and guidelines driven by the State of California is to take money directly from the education of our local students.

“The financial burden is significant, and to keep our community informed of the litigation status, we will post pertinent pleadings on the district website, including the most recent court order.”

Rep. Doug LaMalfa (RRichvale) entered the fray Wednesday, conducting a press conference at the Chico Unified School District Office to introduce H.R. 1585, by title only, the “Prohibiting Parental Secrecy Policies in Schools Act.”

LaMalfa introduced the bill by title only; Congress has not received the text of the bill.