SE Valley Times

The Mesa school district’s transgender guidelines came under fire by several parents at a recent school board meeting despite a legal opinion by a law firm saying the policies don't violate any state or federal laws and don’t conflict with the Arizona Parents’ Bill of Rights law, a Mesa Tribune news report said.

Parent Steve Schild said at the Mesa Public Schools Governing Board's May 23 meeting that he pulled his two children out of the public schools in light of recent events, "and frankly, as a dad and parent, I'd love to have our kids attending their local public school. But the trust is gone.” Schild also thanked board member Rachel Walden for opposing some aspects of the guidelines. He pleaded with the school to stop supporting what he called "gender confusion" in children and urged the board to adopt practices to prevent problems in the future.

The district had spent much of May discussing its stance and policies regarding transgender students, and the district received a report from law firm Udall Shumway in early May. The legal opinion concluded that Mesa Public Schools Guidelines on transgender and "nonconforming" students were not in violation of any state or federal laws, the Mesa Tribune news story said. The guidelines are in line with those of other school districts in the Valley, which allow transgender students to use preferred names, pronouns and facilities to match their gender identity. 

According to policies the district has posted publicly, "these guidelines are intended to help schools ensure a safe learning environment free from discrimination and harassment, and to support the educational and social needs of transgender and gender nonconforming students.”

The district released Udall Shumway's opinion on the policies.

“It is our legal opinion that the current version of the MPS Guidelines do not violate state or federal laws and follows MPS policy," Udall Shumway wrote. "Additionally, we see no contradiction between what the law requires under the Arizona parents’ bill of rights (A.R.S. 1-602) and what the guidelines recommend to staff as a tool to assist in addressing the students’ needs.”

“We are aware that issues regarding students’ use of restrooms and locker rooms, and use of students’ preferred names and pronouns, are not uniformly settled among the courts across the nation,” the Udall Shumway report said, according to the Mesa Tribune. “Although we do not know what the future holds in terms of changes in federal agency administration or Congressional action, the proposed federal regulations we expect to go into effect this summer will very likely strengthen protection for students who face discrimination based on sexual orientation or gender identity.”

The MPS support plan allows students to select a chosen name, pronouns, and gender identity. Students can also decide how that information is shared, and which officials have access. However, while previous versions of the policy asked students if their parents were aware of their gender identity, the latest version, which was edited in August, doesn't ask but does say parents or guardians would be notified of any name or gender status changes.

Several parents spoke during the May 23 meeting. Community member David Goldberg said schools "only have one job, to educate children so they can become responsible, functioning adults. Your job is not to indoctrinate and isolate children from their parents and family,” he said, urging the district to return to teaching math, reading, and history. 

Naomi Goldberg added that all her children were adults, but she was still concerned for the future of the community. “The government today thinks the children are the ward of the state and can do whatever they want," she told the board. "You are trying to culturally change and indoctrinate our children. Prime example is this ridiculous transgender policy that you have implemented.”