Colorado Parents Sue School for Violating student’s Privacy

A federal lawsuit filed on behalf of parents alleges that Jefferson County Public Schools in Colorado allowed a “nonbinary” female to supervise boys’ showers and forced a female student to share a bed with a male, infringing on parental rights over children’s privacy and accommodation decisions on school trips.

Alliance Defending Freedom, representing three families, filed a lawsuit accusing JCPS of failing to provide parents with accurate information about who will supervise and share accommodations with their children on school-sponsored trips.
The regulation at the heart of the dispute requires pupils to be “assigned to share overnight accommodations with other students that share the student’s gender identity” rather than their biological sex.

According to JCPS official communications, “girls will be roomed together on one floor, and boys on a different floor.” However, the complaint claims that JCPS has redefined “girl” and “boy” to reflect a student’s gender identification.
Kate Anderson, ADF senior counsel and head of the ADF Centre for Parental Rights, emphasised the significance of parental rights in shaping their children’s upbringing and education. “Parents, not the government, have the right and duty to direct the upbringing and education of their children, and that includes making informed decisions to protect their child’s privacy,” according to Anderson.

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Joe and Serena Wailes

The filing refers to specific instances that prompted the legal action. For example, on a trip to Philadelphia and Washington, D.C., Joe and Serena Wailes’ 11-year-old daughter was abruptly forced to share a room with a boy who identifies as a female. The Wailes family had not been told of this arrangement in advance, and their pleas for accommodation to opt out of such rules were consistently refused by JCPS.

In another example, Bret and Susanne Roller’s 11-year-old son learnt that his high school counsellor, entrusted with overseeing the boys’ showers on a camping trip, was a “nonbinary” female, contrary to previous information supplied by the district. The Rollers were also not informed of this beforehand, which occurred during their son’s first trip away from home.

Rob and Jade Perlman expressed concern about their children’s sleeping conditions during school vacations. Their son is scheduled to attend JCPS’s Outdoor Lab, while their daughter, an athlete, regularly travels for school activities. The Perlmans are concerned about their children’s privacy and safety because of the district’s policy of rooming pupils depending on their gender identification. The complaint claims that JCPS failed to make adjustments for students who are uncomfortable or whose religious convictions are infringed by district regulations.

Furthermore, the district’s lack of openness inhibits parents from making informed decisions about their children’s involvement in school excursions.
The complaint, Wailes v. Jefferson County Public Schools, was brought in the United States District Court for the District of Colorado.
In a statement issued to Crisis in the Classroom, a spokesman for the school district stated that it is “still determining facts” surrounding the accusations made in the complaint, adding that it was just “recently informed” of what transpired on the excursions.

“However, it appears that the student’s transgender status was not known when room assignments were made, and our understanding is that as soon as their transgender identity was known, room assignments were adjusted,” according to the JCPS statement. The school district stated that its policies aim to minimise stigma for transgender and nonbinary kids. “The guidelines will support healthy communication between educators and parents/guardians to further the successful education development and well-being of every student,” the district’s statement said.

In January, ADF wrote a second letter to JCPS, requesting the district to allow parents to opt their children out of rules that allocate rooming based on gender identification. “The district has still failed to state whether parents, like our clients Joe and Serena Wailes, can opt their children out of any policy that rooms children by gender identity rather than sex,” Anderson stated at the time.

“Such an opt-out can be done in several discreet ways to ensure all students’ privacy. The Waileses’ disturbing experience is not unique; we’ve spoken with other parents who have reported similar situations during the school district’s obligatory sixth-grade outdoor lab.

 


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Content Credit| Ajibola Emmanuel Adebayo

Picture Credit | https://spectrumnews1.com/ky/louisville/news/2024/06/14/call-for-applicants-for-jefferson-county-public-schools-task-force

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