Parents Claim School Is Keeping Gender Transitions Secret

One of the largest school districts in the United States is facing allegations that it lets teachers decide if parents are sufficiently "supportive" enough to tell them about their child's desire to switch genders.

America First Legal (AFL) filed a formal complaint against Montgomery County Public Schools, which is in the suburbs of Washington, D.C., with the Departments of Justice and Education, alleging it has been violating the constitution and other federal law through its "Gender Identity in Montgomery County Public Schools" handbook. AFL goes on to allege the school district repeatedly instructs staff to condition parental involvement on whether a parent is deemed "supportive" enough.

Under a section of the plan titled "Communication with Families," the handbook instructs that faculty should talk with a student to "ascertain the level of support" they receive at home to help make decisions on whether to share with parents that their child requested to change their pronouns, be called by a different name, or even sleep with the opposite biological sex during overnight field trips.

Part of the "system" AFL also describes in its complaint guidance from the handbook that instructs educators to leave such gender-related information out of documents federal law allows parents access to.

The watchdog claims Montgomery County Public Schools is violating the Free Exercise, Free Speech and Due Process Clauses in the Constitution, as well as the Family Educational Rights and Privacy Act (FERPA), with their policies that keep parents in the dark. The district did not immediately comment on the complaint, citing policy not to comment on pending litigation.

The non-grade specific, 14-page "Gender Identity" handbook, aimed at ensuring "a culture of respect and equity," sets forth policies for any student wishing to identify as "transgender" or "gender nonconforming." The handbook includes a section about developing a "Gender Support Plan" for students to ensure they have "equal access and equal opportunity to participate in all programs and activities at school" and to ensure they are protected from "gender-based discrimination at school."

An element of creating that plan includes 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 states.

"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 alleges in their complaint that the district "does not explain this directive," but notes "the only apparent purpose is to prevent the form from being placed in records that parents are entitled to access under FERPA."