ESCONDIDO, Calif. — Two Escondido middle school teachers say the school district is forcing them to lie to parents and actively participate in the student's social transition without the parent's knowledge.
In a newly filed federal lawsuit, longtime teachers Elizabeth Mirabelli and Lori Ann West say the district's policy goes against their Christian faith and violates their free speech and their duty to act in the child's best interest.
Mirabelli and West say the district's 2022 policy prohibits teachers and school administrators to reveal a student's gender identity at school to parents or guardians.
Instead, the policy states that school staff should only comment on the student's behavior "as it relates to school and class rules" as well as performance on assignments.
Mirabelli and West says doing so infringes on their religious beliefs. And while the school district has since allowed them to refer to the students by their last name and not their pronoun or desired first name, the teachers' lawsuit says that isn't nearly enough.
"Mrs. Mirabelli and Mrs. West explained that deceiving parents is wholly unacceptable and requested an outright exemption from doing so. In all communications with parents, they should be permitted to use students’ legal names and biological pronouns, while also explaining that the student is referred to differently at the school—using preferred pronouns and a gender-specific name," reads the lawsuit.
By doing so, according to the federal complaint, the district is adding to the rise in youth identifying as transgender.
"The emergence of this new view of gender identity has very quickly been adopted by many young people. According to the Trevor Project, 1.8 percent of youth identified as 'transgender' in 2019—more than double the 0.7 percent five years earlier. Two years later, in 2021, up to 9.2 percent of youth were identifying as 'gender diverse.'"
Adds the lawsuit, "Whether viewed through the traditional medical lens, or the new dignity and human rights lens, policies excluding parents from decision-making are unconstitutional. It should go without saying that public schools should never hide information from or lie to parents about their children."
However, groups across the country have pushed for confidentiality clauses at schools in order to ensure kids who are transitioning or questioning their gender are allowed to do so without interference and without potential punishment at home.
According to one survey cited by the U.S Department of Education, transgender youth are three times more likely to miss school due to feeling unsafe and or uncomfortable at school.
In a June 2021 Department of Education letter, the department laid out the need to respect the privacy of students and implement policies to "safeguard students' privacy."
However, Mirabella and West say while privacy is important, the safety of the student is their top priority.
"Almost 90 percent of children with gender dysphoria have comorbid psychiatric diagnoses – and many have a history of self-harm, suicidal ideation, or symptoms of distress. Parents need to be involved. Leaving them in the dark is not the answer – and psychologists on both sides of the spectrum agree on that," reads a statement from Paul Jonna, one of the attorneys for the teachers.
Added Jonna, "Schools are partners with parents in the child-rearing process – not substitutes. The right to raise your own children is an essential, basic right – and we have historically recognized as a society that parents want what is best for their kids. But somehow now, it’s the school that wants what is best, and parents are left in the dark."
Jonna says he is "confident that Escondido Union School District's Parental Exclusion Policy will be struck down as unconstitutional."
Kathie Moehlig is the Executive Director for TransFamily Support Services, a nationwide non-profit that helps trans individuals and families by offering services for parents, support groups, mentoring, family coaching, and community work.
Moehlig refutes the notion that teachers are lying to parents and instead says the privacy protections are there for a number of reasons.
"We have to recognize that schools and the laws that they are following is not intended to withhold information from parents or to lie to parents. The intention here is to provide a safe space for youth. Often times students will come out to teachers and other adults that they are close with as a sort of trial run before going to parents. They want to see how they will be responded to, and how they will be accepted. In other cases, it's because it may not be safe to come out to their parents," says Moehlig.
"Many times our youth are testing the waters, trying to practice to see what the response might be," Moehlig adds.
Moehlig, who started the foundation after her son transitioned, says it is crucial that schools, parents, and the entire community looks at the mental and emotional health of these students.
"Gender identity is a very private and intimate thing. If a student isn't in a place to share this because they know they don't have support, they may want to wait until they are older or move out to tell them," says Moehlig.
She adds that 40% of our homeless youth represent LGBTQ+ youth, many of which are kicked out of their home because they are not accepted.
"This piece around teachers lying to parents is an exaggeration of a talking point. The core and crux of our work are to get families on board and support our youth. That takes a process. In the meantime, if they are being supported at school in a safe way, their outcomes are going to be so much higher," adds Moehlig.
Meanwhile, in response to the lawsuit, Dr. Luis A. Rankins-Ibarra, Superintendent of Schools for the Escondido Union School District issued the following statement:
“The Escondido Union School District is committed to providing a safe and positive environment that enables our students to learn and actualize their unlimited potential and that empowers our teachers to excel as educators. As part of that commitment to student learning, the District observes all federal and state laws.”