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Mesa school board member Rachel Walden challenges transgender bathroom guidelines and parental notification

Mesa school board member Rachel Walden filed a lawsuit against the district Superintendent Andi Fourlis, contesting transgender guidelines
PUBLISHED NOV 28, 2023
Rachel Walden, a Mesa Public Schools Governing Board member, files a lawsuit challenging MPS' transgender guidelines (12 News)
Rachel Walden, a Mesa Public Schools Governing Board member, files a lawsuit challenging MPS' transgender guidelines (12 News)

MESA, ARIZONA: Rachel Walden, a member of the Mesa Public Schools Governing Board, has taken a controversial stance by filing a lawsuit against the district Superintendent Andi Fourlis.

The lawsuit challenges the transgender guidelines set by the MPS, particularly the updated policies allowing transgender students to use bathrooms and locker rooms corresponding to their gender identity.

Legal action targets parental notification and school staff responsibilities on student gender identity changes

According to the Mesa Tribune, The suit also addresses concerns about parental notification and staff responsibilities regarding student gender identity changes.

America First Legal, led by former Trump administration advisor Steven Miller, filed the suit on behalf of Walden, who has been openly critical of these guidelines.

The lawsuit claims that the guidelines enable school staff to withhold information from parents about their child's gender identity change, an action deemed unconstitutional by Gene Hamilton, America First Legal's Vice President and General Counsel.

Hamilton emphasized, “Not only do parents have the fundamental right to direct the upbringing of their children, but the Constitution and Arizona law forbid the types of policies we are challenging here for our client.”

“School districts like MPS have an obligation to notify parents if their child attempts to identify as a different sex,” Hamilton said. “The people of Mesa are rightly outraged by these radical policies and we will fight for the right of every parent to direct the upbringing of their children.”

He further stated that Mesa citizens are rightfully discontent with these policies and emphasized fighting for every parent's right to guide their children.

The lawsuit demands the revocation of existing guidelines, replacing them with a policy requiring immediate parental notification whenever a student discusses any sexuality-related matters with school staff.

What is Mesa School saying?

Mesa Public Schools maintains a strong commitment to compliance with federal and state laws.

The district clarifies that its procedures are aimed at adhering to federal non-discrimination laws, particularly Title IX, to create a safe and inclusive environment for all students, including gender-nonconforming individuals.

The district acknowledges the ongoing discussions around transgender guidelines, emphasizing their efforts to comply with the law while ensuring the safety and rights of all students.

MPS officials have sought legal advice, including consulting with a Title IX specialist, to navigate the complexities of these sensitive issues.

Walden's lawsuit contends that the district's approach allows students and staff to conceal gender transitions from parents, criticizing the ambiguous triggers for parental notification and arguing that they violate Arizona's Parents' Bill of Rights and other state laws.

Transgender policy sparks polarized response

Additionally, the lawsuit suggests that permitting transgender students to use gender-affirming facilities exposes MPS students to potential sexual offenses, a claim sparking controversy and debate.

This legal action represents discord within the school board and district, exemplifying the ongoing struggle over transgender policies in Arizona schools.

While the district has provided guidance for handling gender-nonconforming students since 2015, recent discussions have yet to yield a formal vote on the rules.

The district has been navigating Title IX discussions and federal nondiscrimination laws in managing transgender guidelines.

However, this approach has sparked concerns and criticism from certain community members and parents, leading to a polarized public response.

The controversy surrounding transgender guidelines in Mesa schools reflects a broader nationwide conversation about gender identity, parental rights, and school policies, revealing deep divisions within communities and educational institutions.

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