Virginia school district sued over alleged policy of keeping students' gender transitions hidden from parents

America First Legal filed a federal lawsuit Monday accusing Fairfax County Public Schools of violating parents' constitutional rights through a policy that allegedly allows school staff to withhold information about a student's gender transition from their parents.

The lawsuit alleges that Fairfax County Public Schools' Regulation 2603.3 "directs school staff to support and facilitate a student’s social ‘gender transition’ at school without notifying parents or obtaining their consent."

It also alleges that FCPS mandates that school staff use a student’s preferred pronouns and name, ability to use sex-segregated facilities based on a student’s self-identified "gender identity," and "participation in gendered classes, activities, and programs based on a student’s self-identified ‘gender identity.’"

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It further alleges that FCPS does not make parents aware of students who are struggling with gender confusion, and does not give parents the ability to reject school-sponsored "support plans."

The lawsuit argues that these policies infringe on the U.S. and Virginia constitutions, which protect parents' right to direct their children's upbringing, education, and religious development, as well as argues that school employees overstep their authority by facilitating a student's gender transition without parental knowledge or consent.

The lawsuit came after America First Legal’s May 1 demand letter, which referenced the alleged infractions and directed FCPS to completely remove the policies, or immediately stop their enforcement during revision, or make a parental notice and exemption mechanism by May 18.

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"FCPS was given an opportunity to correct its anti-parent policies," Ian Prior, senior counsel at America First Legal, said in a statement. "It failed to do so and will now face the consequences. AFL will continue defending parental rights from woke school districts until each and every one complies with the law."

In a statement to Fox News Digital, a spokesperson for America First Legal wrote, "Last week, America First Legal secured its second circuit-level victory grounded in the Supreme Court’s decision in Mirabelli v. Bonta when the Ninth Circuit entered a preliminary injunction in City of Huntington Beach v. Newsom, a lawsuit AFL filed on behalf of the City of Huntington Beach and California parents. The Ninth Circuit blocked enforcement of key provisions of California’s AB 1955 — a law that prohibits schools from disclosing information to parents about a child’s sexual orientation, 'gender identity,' or gender expression, unless the child consents."

"Previously, in Doe v. Pine Richland School District, the Third Circuit reversed the district court’s dismissal of AFL’s client’s claims, ruling that the mother had Article III standing to pursue her constitutional claims against a Pennsylvania school district that secretly provided 'gender transition teams; to students without parental notification or consent," the spokesperson added. "AFL has now secured victories in two federal circuits reinforcing parents' fundamental constitutional right to be informed about critical decisions in their children’s lives."

In a statement to Fox News Digital, a spokesperson for FCPS said, "At FCPS, every student and staff member deserves to feel safe, respected, and supported. We are committed to creating an inclusive environment for all members of our school community, including our transgender and gender-expansive students and staff." 

The spokesperson added, "By working together with families, we strive to ensure every FCPS student feels a sense of belonging and has access to the world-class education we provide. FCPS continues to follow all state and federal laws and will respond through the appropriate legal process after completing its review of the complaint." 

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