SE Valley Times

America First Legal (AFL) has amended its lawsuit against Mesa Public Schools (MPS) to include a new plaintiff, Jane Doe, who says her daughter's "gender transition" was withheld from her by school officials. 

"Doe," and her daughter "Megan" — also referred to in the lawsuit as "Michael"— are "pseudonyms used to protect Megan's identity" because she's a minor, according to the Feb. 13 amended lawsuit.

This makes two people who are now suing the school district over its alleged policy that allows children to change their "gender identities" without their parent's knowledge or consent, which is a violation of Arizona's Parents’ Bill of Rights, according to AFL.

Court documents show that Doe joins the lawsuit filed by Rachel Walden, a current member of the Governing Board of MPS, who charged in her November 2023 filing that the school district and its Superintendent Andi Fourlis enabled "students to identify as having a gender different from their biological sex and to hide this from parents, violating the laws of the state of Arizona."

“Mesa Public Schools Superintendent Andi Fourlis has consistently denied that school district employees are helping to "gender-transition" students without their parents’  knowledge,” America First Legal Senior Counsel James Rogers said in a statement.

“The evidence strongly suggests otherwise. No parent should have to go through what Jane and Megan Doe did. AFL is helping to shine a spotlight on transgender policies that MPS has worked hard to hide from the public. There’s nowhere for them to hide any longer. AFL will proudly continue to fight for parents’ rights in Arizona and across the county," said Rogers.

According to the lawsuit, Doe's daughter, Megan, had changed her name while attending eighth grade at Kino Junior High by filling out MPS-issued paperwork, which was never voted on by board members— including Walden who charged the same complaint in her original filing— as is the standard, district-wide practice. 

Megan was able to go by "Michael" at school for months before her mother found out from another parent.

"On Halloween, the mother of Megan’s friend asked Jane if she was “Michael’s” mother. Surprised by the question, Jane looked back at some recent school programs and realized that her daughter had been listed as “Michael Doe,” rather than "Megan Doe," court documents state. 

"Jane met with the school principal, who confirmed the name change and that the school had intentionally been keeping it hidden from Jane. The principal refused to provide much additional detail about what school officials had been saying to Megan. Despite Jane’s requests, the school has never released any records or information to Jane about what school employees did or said to encourage Megan’s transition," AFL's press release said. 

The lawsuit goes on to say that Megan's mom also asked the principal if school policy allowed biological males who "identify" as female to use girls' restrooms. Doe was told that she had "no right to know" and that she would need to request a meeting with MPS's board to find out the details of Megan's gender change.  

Doe said that her inquiry with the board went unanswered.  

"At Megan’s final orchestra concert at the end of the year—a full semester after Jane’s meeting with the principal—Megan’s orchestra teacher introduced Megan as “Michael” to a packed auditorium," according to the lawsuit. 

Public records included in the filing show email communications between a Kino Junior High counselor and other staff regarding "gender transition" guidelines, and included a staff maintained spreadsheet to track which parents knew about their children's' "transitions", and which ones did not. 

The spreadsheet includes details on the 17 students at Kino Junior High who had transitioned. According to the lawsuit, the spreadsheet "lists one student whose mom was aware but whose dad was “unaware,” with instructions that appear to require school employees to use a name and/or pronoun to deceive the father," and "a student whose mother is aware but states that 'other people at home are not aware'" and that "seven students whose parents are at least somewhat “aware” but are either unsupportive or only partially supportive."

"For all seven of these students, the notes appear to instruct school employees to use the students’ birth names and gender to deceive the parents about the extent of the students’ in-school transition. Thus, out of seventeen students, Kino Junior High was engaging in active deception for ten of them, or 59%, of transgender-identifying students at the school." 

AFL said the document was essentially used as a “'parental concealment cheat sheet' to make sure all school employees knew which parents to deceive and how to do it." 

“Mesa Public Schools disputes the allegations made in the complaint and will present its full defense in court, including its partnering with parents. Otherwise, MPS does not comment on pending legal cases," said Jennifer Snyder, Director of Communications & Engagement: Administration, in an email to PHX Reporter. 

The lawsuit aims to bring transparency to MPS's "transgender" policies, hold the school district accountable for its actions, and ensure that parents are notified if their children express any interest in "transitioning". 

Under state law, "sex education" in schools requires written consent by parents or guardians. The lawsuit by AFL maintains that "any discussion of transgender issues with a student constitutes 'sex education.'" 

“The policy directly violates multiple statutes, especially Arizona’s Parents’ Bill of Rights, which recognizes and protects the ‘fundamental right’ of parents to direct the upbringing, education, health care and mental health of their children,” according to AFL.  

AFL maintains that MPS's practices not only infringe upon parental rights, but also disregards the emotional well-being of students, like the plaintiff's daughter, who experienced months of needless suffering as a result of the deception. 

Megan resolved her struggles through private counseling that Doe wishes she could have provided sooner, had she been made aware of her daughter's "transition" as an eighth grader, according to AFL.  

"This policy is directly contrary to Arizona’s Parents’ Bill of Rights, which makes it illegal for government employees “to encourage or coerce” a child “to withhold information from the child’s parent.” A.R.S. § 1-602(C). The Parents’ Bill of Rights also gives parents the right “to direct the” “education,” “upbringing,” “moral or religious training,” and “health care decisions” of their children," according to the lawsuit. 

Despite Mesa being recognized as a conservative city, MPS has maintained a policy, since at least 2015, that assists students in "transitioning their genders" without parental consent. 

MPS is the largest public school district in Arizona with approximately 55,000 students across 78 schools in Maricopa County.