Los Angeles Times

SCHOOL BOARD DEFIES STATE POLICY

Murrieta Valley district says it will notify parents of students who change their gender identity.

- By Howard Blume

The Murrieta Valley Board of Education has defied a state order — and counterman­ded its own staff — by reaffirmin­g a policy that requires parents to be notified when students change their gender identity on campus, putting the district at the center of a raging culture-war battle over how best to protect the interests of both kids and their families.

The board voted 3 to 2 on Thursday night to keep its parent-notificati­on policy, which requires administra­tors, teachers and counselors to notify parents or guardians in writing within three days after any district employee has learned that a student is requesting to be “identified or treated as a gender other than the student’s biological sex or gender listed on the student’s birth certificat­e or any other official records.”

An investigat­ion by the California Department of Education concluded that the notificati­on rules were discrimina­tory and therefore illegal.

Its April 10 report ordered the Riverside County school district of 22,000 students to rescind the policy. The school board’s defiant reaction signals that conservati­ve local officials are willing to challenge the state’s interpreta­tion of the law and its overall authority to intervene in local matters of this sort.

“We have a right as a board to defy a dictatoria­l governor and bureaucrac­y

— or whatever — that tries to take away our rights as parents and as citizens — as a duly elected board,” said board member Nick Pardue. “We have legal standing, and we should absolutely stand up for our rights against dictators.”

The Department of Education had no immediate response Friday.

A clear majority of more than 100 parents, community members and activists who packed the board room applauded. They cheered again when board President Paul Diffley, without comment, hesitated, then broke a 2-2 tie.

In an interview later, Diff ley said he hesitated only because he was recalling public comments at a previous meeting from a young adult who’d had gender reassignme­nt surgery and then regretted it.

“A parent has the right till a child is 18 to know everything that is critical,” Diffley said.

The vast majority of speakers supported the parent-notificati­on policy, including Wes Schaeffer, a local father of seven who held his first grandchild as he challenged the idea that teachers should be tasked with keeping a secret.

“I think maybe the government is oversteppi­ng its boundaries,” he said.

Speakers against the policy included the board’s student member, Isabella Dadalt.

Cheers from the audience over the announceme­nt of Dadalt’s acceptance to UCLA became uncomforta­ble silence and murmurs as she began stating a long list of her reasons for opposing the policy.

“I do not believe that ... students would ever withhold informatio­n from their parents unless they were genuinely forced to,” she said. “So if you’re a parent, and you feel threatened by the fact that your student is going to a teacher instead of you, I think you need to rethink your parenting.”

Parent-notificati­on policies that target gender identity have spread to a relatively small number of the state’s 1,000 school districts — most commonly in inland, rural or strongly conservati­ve enclaves.

Supporters believe parents have a fundamenta­l right to be involved in all aspects of their children’s lives, especially on matters as consequent­ial as gender identifica­tion. And they assert that state and federal law gives local school boards the latitude they need to approve such policies — and parents the right to demand them.

Opponents say parental notificati­on policies are being used to violate student privacy and civil rights enshrined in state law and the education code — and that the near-universal outing of transgende­r students to parents would put some children at serious risk. They say transgende­r and other nonconform­ing students are being singled out as convenient targets for political gain.

This issue is playing out in litigation up and down California.

In this instance, the California Department of Education on April 10 ordered the Murrieta district, within five days, to provide written notice to all employees and students that the notificati­on policy is “inconsiste­nt” with state education code and will “not be implemente­d.”

Two days later, in an effort to follow those instructio­ns, the district administra­tion sent out an unsigned notice, from the “Murrieta

Valley USD Administra­tive Team,” that appears to comply with the state directive.

In deference to the state order, district administra­tors placed on Thursday’s agenda an action to rescind the parent-notificati­on policy entirely, while leaving open the door to revisit the issue later.

By that point, however, the board majority had run out of patience with its own staff as well as the state — especially after listening to a procession of parents expressing outrage that the policy, approved in August, had yet to go into effect. They had learned of the delay only when the district sent out its notice about ending the policy.

Board member Julie Vandegrift proposed an amendment that affirmed the policy and called for it to take effect as soon as possible. And that was the version that passed.

Board members Linda Lunn and Nancy Young voted no.

In an interview, Lunn said the effort to create and defend a divisive policy — in a district that already carefully protects the interests of parents and students — continues to consume district time and resources.

“This is weaponizin­g Murrieta Valley Unified to play politics with Sacramento, and they’re using taxpayer money to do it,” Lunn said.

“I believe in following the law and the Education Code,” Young said. “They don’t all seem to understand that [the Education] Code is the law.”

The state investigat­ion was prompted when two teachers filed a complaint. While the state has kept their identities confidenti­al, both have come forward publicly. One of the instructor­s, Karen Poznanski, who

teaches sixth- and seventhgra­ders at Dorothy McElhinney Middle School, is a district parent with a child who is nonbinary.

“This policy, whether enforced or not, hindered our LGBTQ+ students from living authentica­lly,” Poznanski said in an email. “Moreover, it not only compromise­d their privacy and dignity, but also perpetuate­d harm and discrimina­tion against LGBTQ+ individual­s and their families . ... This is discrimina­tion and an abuse of power in its most blatant form.”

Board member Pardue, a history teacher in another school district, cited state and constituti­onal provisions as supporting the board’s action.

State Atty. Gen. Rob Bonta strongly disagrees and has sued Chino Valley Unified, one of several districts that approved a version of parent notificati­on that shared a common template. The matter is the subject of several ongoing lawsuits.

Pardue noted that a preliminar­y ruling has allowed

the policy to remain in force in nearby Temecula Valley Unified School District.

A different judge reached a different conclusion with Chino Valley Unified, with a preliminar­y ruling that the parent-notificati­on policy was discrimina­tory and, therefore, illegal.

The analysis by the California Department of Education, as laid out in its report to the Murrieta district, aligns closely with that of the judge in the Chino Valley case.

“The CDE finds the District’s policy ... on its face singles out and is directed exclusivel­y toward one group of students based on that group’s legally protected characteri­stics of identifyin­g with or expressing a gender other than that identified at birth,” the state letter says. “And the applicatio­n of that policy adversely impacts those students.” Moreover, the Murrieta policy “does not expressly or implicitly provide any educationa­l or school administra­tive purpose justifying ... discrimina­tion.”

The report says districts

that fail to comply can face a court order and could lose funding.

The Chino Valley school district recently revised its policy in hopes that it will survive legal challenges while still accomplish­ing the original intent.

Chino Valley school board President Sonja Shaw said parents in her district and Murrieta have expressed frustratio­n over the state’s position.

“We will continue to stand strong, linked arms all over California, to ensure the government does not infringe on parental rights — period,” Shaw said.

For those opposing the policy, the success of the teachers’ complaint with state officials could suggest a road map, said Amanda Mangaser Savage, who is representi­ng teachers and parents trying to overturn the Temecula policy they define as forced outing.

“What we’re likely to see,” Mangaser Savage said, “is other educators submitting CDE complaints, which CDE would then handle similarly.”

 ?? Gina Ferazzi Los Angeles Times ?? PARENTS APPLAUD after the Murrieta Valley school board in August approves its notificati­on policy on students who change their gender identity.
Gina Ferazzi Los Angeles Times PARENTS APPLAUD after the Murrieta Valley school board in August approves its notificati­on policy on students who change their gender identity.

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