Escondido Middle School Teachers Sue Over District's Transgender Pronoun Policy

Two teachers from Rincon Middle School in Escondido filed a lawsuit today challenging school district policies regarding what information can be shared with parents of transgender and gender-nonconforming students.  

The lawsuit filed in San Diego federal court alleges the Escondido Union School District's policies prohibits teachers from discussing students' gender identities with their parents are unconstitutional.

The complaint states teachers are required to use "any pronouns or a gender-specific name requested by the student during school, while reverting to biological pronouns and legal names when speaking with parents in order to actively hide information about their child's gender identity from them."

The lawsuit filed on behalf of Elizabeth Mirabelli and Lori Ann West names various officials from the Escondido Union School District and California State Board of Education as defendants.

The school district sent a statement reading:

“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.”  

The complaint alleges district representatives told the teachers that the policies' tenets might be required by state and federal law and referenced a page on the California Department of Education website referencing Assembly Bill 1266, the School Success and Opportunity Act, which was signed into law in 2013.

The website states, "The right of transgender students to keep their transgender status private is grounded in California's antidiscrimination laws as well as federal and state laws. Disclosing that a student is transgender without the student's permission may violate California's antidiscrimination law by increasing the student's vulnerability to harassment and may violate the student's right to privacy."

The teachers' attorneys are also seeking a declaration finding the conclusions on the DOE's webpage are unconstitutional and that the district is not required to enforce or implement its "Parental Exclusion Policies."

Paul M. Jonna, a partner with the Limandri & Jonna LLP, told NBC7 her team was not available for comment or in-person interviews.

She did provide the following statement:

“Our clients were granted an accommodation on EUSD’s Pronoun Policy – allowing them to use last names only. The only policy we are challenging is EUSD’s Parental Exclusion Policy – which requires our clients to lie to parents, and participate in a student’s social transition without the parent’s knowledge or consent.

Public schools should never hide information from parents about a child’s mental health or personal circumstances.

Almost 90% 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.

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 being left in the dark.

EUSD is intentionally interfering with this fundamental right of parents – and simultaneously violating our clients’ First Amendment rights. We are confident that EUSD’s Parental Exclusion Policy will be struck down as unconstitutional.”

Earlier this year, a new bill sought to force California school districts to notify parents should a school employee learn a student was identifying as a gender that doesn't align with their birth certificate or other official records. LGBTQ activists railed against the bill, AB 1314, stating it could endanger LGBTQ+ youths.

The Assembly Education Committee's chair, Al Muratsuchi, announced earlier this month that no hearing date would be set for the bill, stating, "This bill would require educators to 'out' a student to their parents, even when the student does not feel comfortable coming out, potentially forcing them into an unwelcoming or abusive home."

NBC 7 has reached out to the California Board of Education and the Escondido Union School District and has not heard back.