Blinded by hate, some politicians and community leaders are violating the rights of children.
As surrounding school districts begin adopting anti-LGBTQ+ policies, the youth in Capistrano Unified are bound to feel increasing levels of unease.
Chino Valley Unified School District, about 30 miles inland from Los Angeles, has adopted a policy requiring teachers and staff to report gender non-conforming students’ gender identities to their parents. Temecula Valley, Murrieta Valley, Rocklin, and Orange have done so as well.
The idea was first introduced at the state level under Assembly Bill 1314, which would have required school districts to notify parents within three days of learning a students’ gender identity if it didn’t align with official records. The bill was never assigned to a committee, essentially killing it before it could reach a floor vote.
Despite this, some local school districts are attempting to take matters into their own hands, turning themselves into micro-legislatures and passing policies contrary to the spirit of the California State Constitution. This month California Attorney General Rob Bonta filed suit against the Chino Valley Unified School District for violating state laws protecting student privacy.
And San Bernardino’s Superior Court seems to back him up, granting a request for a temporary restraining order on the policy in Chino Valley, thus stopping the policy from taking immediate effect. But that didn’t stop Orange Unified from passing its own version the following week.
These policies in schools are condemnable. It’s not the place of school districts to encroach upon state law.
It is becoming increasingly necessary for the Capistrano Unified School District’s Board to issue a statement of solidarity with its LGBTQ+ students, in order to ease the minds of hundreds of its youth who are fearful CUSD might be next to follow this dangerous trend.
Rainbow colored “SAFE SPACE” posters hang in classrooms across our campuses, yet district leaders have made no attempt to reassure the district’s youth during this threatening time. To create a true safe space, queer youth require more than phony posters. The district’s silence allows uncertainty and fear to proliferate. The comfort of our youth in the communities’ learning environments must be prioritized.
Revealing the private identities of gender non-conforming students without their consent is being painted as a way to help parents “protect” and guide their children. However, because the attempt made in the Chino Valley district followed a ban on the display of pride flags in the district’s schools, it does not seem to be an effort to keep parents informed but instead an effort to erase LGBTQ+ youth, safety, representation, and acceptance.
Those in favor of these policies do not see children’s identities as valid, and they do not plan on protecting their children. When discussing gender identity, CVUSD trustees used words such as “delusion” and “mental illness”. They see acceptance and safe space as indoctrination. “We are here today because our kids are in danger. Our kids are in danger from groomers,” said parent Oscar Avila at the CVUSD board meeting.
The policies force gender non-conforming students who would like to maintain their privacy to restrain from participating in activities and using facilities that align with their gender. They would not be able to reach out to teachers or guidance staff for support, otherwise their identities would be exposed at home. Both circumstances would pose great emotional and physical danger to students at home or in school.
Some parents argue that they have the right to know about what’s happening with their children at school.
However, disclosing a gender non-conforming student’s identity without student permission may increase the student’s vulnerability to harassment, potentially violating The California Student Safety and Violence Prevention Act of 2000 which prohibits discrimination and harassment on the basis of sexual orientation or gender identity in public schools alongside ethnicity, race, religion, disability, or any basis protected under the prohibition of hate crimes.
“… The reactions from friends and family could potentially be harmful to their emotional, physical, mental and social well-being. This could also put students at risk for repercussions like bullying and harassment,” said San Juan Hills school counselors Jenna Jordheim, Maureen Scherf, and Justin Elenes in a joint statement.
Article I section I of California’s Constitution states that “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.”
Under the Family Education Rights and Privacy Act, it is outlined that parents do have the right to access their children’s school records, but nowhere is it stated that faculty has the right to disclose personal observations.
“A student’s privacy is important because they are entitled to certain inalienable rights, such as being able to eat or use the bathroom. This includes their privacy which should not be breached without just cause that pertains to their safety or the safety of others,” said Jordheim, Scherf, and Elenes.
Previously in July, a case was brought against the Chico Unified School District by a parent claiming that their failure to report her child’s usage of a different gender pronoun had violated her constitutional rights. It was dismissed in Federal court because “socially transitioning” without parental consent was protected by the district’s privacy policies.
In numerous areas of the law a student’s right to privacy regarding gender identity has been recognized. It should be no one’s entitlement to take away a student’s right to safety at home. Anti-LGBTQ+ rhetoric has been on an uphill climb as of recent which should not be tolerated. It is affecting the security of our youth.
Because of non-acceptance of their communities, nearly half of LGBTQ+ youth have considered suicide, and suicide attempts are four times more common among LGBTQ+ youth, according to the Trevor Project.
Transgender youth are 160% more susceptible to physical abuse and 181% more susceptible to psychological abuse from parents than cisgender youth are according to the American Academy of Pediatrics.
Considering the persistently higher rates of mental health struggles among queer youth, it becomes increasingly important for students to be able to confide in school faculty, whether that be trusted teachers or guidance counselors who are obligated to respect the privacy of their students, not betray it.
“Educators outing students completely obliterates any type of trust and rapport built with school staff. School is supposed to be a safe place for students, and this could totally desecrate that,” said Jordheim, Scherf, and Elenes.
The local attempts to make our youth more vulnerable to abuse in exchange for allowing parents to violate the privacy of their children are unacceptable. There are students that live in homes where their parents do not accept them. Under policies and legislation requiring parental notification of gender identity, students will be put in danger.
