When District Policy Might Violate State Law

What's a teacher to do?

Teachers working in California school districts with conservative school boards are increasingly finding themselves with a difficult decision: violate district policy and risk losing their job, or potentially disobey federal and state laws and policies and take a chance on ending up in court.

Last Monday was the first day of school at Chino Valley Unified campuses since the passage of a controversial board policy that would require teachers, counselors and administrators to notify parents if a child asks to be identified by a different gender or name, or to access a bathroom or take part in a program not aligned with the gender on their official records. 

After the Chino Valley Unified decision, California Attorney General Rob Bonta warned the school district that the parental notification policy could violate the state’s anti-discrimination laws and students’ rights to privacy guaranteed under the U.S. and California constitutions, as well as federal Title IX protections and the state education code. Bonta launched a civil rights investigation into the school district last week...

(Local teachers union president) Walker sent a memo to teachers last week advising them to follow the district’s new policy but to object to it if they think the policy is improper or unlawful. If a teacher feels uncomfortable talking to a parent about a child’s gender identification, they should ask one of their administrators to take on that task, the memo directed.

“Members are expected to comply with directives given by their administrators, and if a member or the association find that there has been a violation of the collective bargaining agreement, then a grievance can be filed,”  Walker said...

Guidance from the California Department of Education recommends that schools ask transgender students who, if anyone, they would like to be informed of their transgender status. The department says that rule should only be broken in rare circumstances when district officials feel there is a compelling need for parents to know the information and the student is given advance notice before parents are informed.

If you're keeping information from all parents because you think some might act in a way that you wouldn't agree with, well... 

It shouldn't be a teacher's place to keep information from parents.  What a horrible position to put teachers in.