Every parent in the nation should find out if their local school has a Parental Secrecy Policy. In New Hampshire, it is policy JBAB, which was put forth years ago by the New Hampshire School Boards Association (NHBSA).
Parents are finally fighting back and taking these schools to court. You can read about a monumental lawsuit here: https://libertycenter.org/cases/konen/?fbclid=IwAR2nGzIVA-AMXwwSkV90xmSi4-6gVpJeP-Af_kvhqtW1EZc-2wrsBXm-zE0
Middle school is a confusing time to kids. But it is especially confusing when teachers and administrators impose their own woke ideas on kids.
This was the experience of our client’s daughter, who in just the sixth grade was recruited by teachers to join an “Equality Club” where she was told she may be transgender and bisexual—two terms that were foreign to her. Teachers encouraged Jessica Konen’s daughter to change her name to a boy’s name as an expression of her new identity and specifically instructed her not to tell her mother about her new identity because her mother couldn’t be “trusted.”
Then, they gave her articles—and required her to read them—on how to hide her transgenderism from her mother. Still without Jessica’s knowledge, teachers and administrators created a “Gender Support Plan” instructing faculty to refer to her daughter by a new name, male pronouns, and to let her use the unisex teachers’ restroom.
Parents absolutely have a right to know what is being taught in their kids’ school, especially with respect to sensitive issues like gender and sexuality. The Supreme Court has consistently held that parents have the right to direct the upbringing and education of their children. But parents are denied that right when activist teachers think they know better and intentionally hide information from moms and dads.
Undoubtedly, Jessica’s cases is not the only one of its kind. The California Department of Education encourages schools to keep secrets from parents much like the Spreckels Union School District did with Jessica. This usurpation of parental rights cannot go on unchecked.
You can find the court document here: https://libertycenter.org/wp-content/uploads/2022/06/20220614_Konen_Complaint_HT_Final.pdf?fbclid=IwAR0Y9GpZfoSfyArlMllrtDW6IVPuDGLUcirhmb6t4Sw7MXMp_aZmAlYZ3_o
Many New Hampshire schools continue to follow policy JBAB. Within policy JBAB, there is a provision in the Privacy section that instructs school personnel to hide information from parents.
School personnel should not disclose information that may reveal a student’s transgender status or gender nonconforming presentation to others, including parents and other school personnel, unless legally required to do so or unless the student has authorized such disclosure.
We have the Manchester School District standing in defiance of parents in that school district after they were sued by a Manchester parent. MSD is telling parents: They have no duty to inform you of students trans behavior:
MSD insists the mother has no right to know if her child is living a trans identity at school, and it wants her lawsuit dismissed.
The mother, who is going by Jane Doe in the lawsuit, claims her child started expressing a different gender identity at school from the child’s identity at birth, and that fact was kept secret from the child’s family.
According to Jane Doe’s lawsuit, she found out last fall that her child was using a different pronoun and gender identity at school. The mother spoke with school staff, including the guidance counselor. The mother made it clear she wanted her child to be called by the name and pronouns her child was born with while in school, according to the lawsuit.
Even though the staff she spoke to initially agreed, the mother soon got an email from the school principal stating that due to the district’s policy, it would not be possible. The principal stated the district’s policy requires school staff to keep such matters secret from parents if the child wants them kept secret, according to the lawsuit. Even if the staffers agree to use the child’s biological gender identity when speaking with the mother, they would be obligated to lie and not tell the mother if the child wished to be identified as something else, according to the lawsuit.
According to the district’s motion, the mother has no rights when it comes to the child’s identity at school.
Does MSD realize that we have a federal law in place that says parents have the right to inspect their child’s school records: https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
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Parents or eligible students have the right to inspect and review the student’s education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
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Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
Once you open this door to withholding information from parents, what else will they hide? Would they inform you if your child has expressed suicidal thoughts? Other risky behavior? Or is this only for the WOKE agenda that is focused on a child’s sexuality?
Shannon McGinley, executive director at the conservative organization Cornerstone, said school districts should not have the power to override parents and their values when it comes to raising their children.
“Schools are not courts of law and should not have the authority to unilaterally deprive people of recognized legal rights. This is a government entity that is increasingly being given vast and unquestioned power over our lives and the lives of our children,” McGinley said.
Two weeks after Jane Doe’s lawsuit was filed, the Manchester Board of Education tweaked the transgender policy — though not by much. The original policy read: “School personnel should not disclose information that may reveal a student’s transgender status or gender-nonconforming presentation to others, including parents and other school personnel, unless legally required to do so or unless the student has authorized such disclosure.”
The board took out the phrase “including parents and other school personnel,” and added a line stating, “Nothing herein shall be construed to change the obligation of the school to take action when student safety is concerned.”
The changes did not assure Jane Doe that her rights as a parent would be recognized, and the lawsuit continues in the Hillsborough Superior Court – North in Manchester. McGinley said it was one of the reasons Cornerstone backed the failed Parents’ Bill of Rights in the legislature.
Why would any adult working in a school district think it’s ok to deny a parent due process, and withhold any information about their child? Maybe under circumstances that show a parent is a threat to the child, but that would mean that the parents were afforded due process. This kind of policy could benefit a groomer or sexual predator who does not want information given to parents and guardians.
Some districts rejected policy JBAB or adopted a version that does not trample on parental rights. New Hampshire parents should check their school policy for JBAB and read what was adopted. Pay close attention to the PRIVACY provision, that is where you will find the language that requires school personnel to withhold information from parents.
What can you do? Ask that this policy be revised or rejected. The New Hampshire School Boards Association has already backed off of their support for this policy. Maybe because it conflicts with federal law or maybe because parents are finally fighting back and taking these schools to court.
