School Allows for Privacy Violation
This week we were notified by concerned parents that a nine-year-old boy walked into the boys' bathroom at his Clovis Unified School District elementary school [school name omitted for privacy reasons] and upon entering found a girl squatting/hovering over the urinal. This young boy was both disturbed and confused. Why was a girl in the boys' bathroom? Why was she using a urinal? Why was a biological girl exposing herself to a boy in this intimate facility? We ask ourselves the same questions.
A group of parents in Clovis Unified School District has taken the initiative to attend School Board meetings to advocate on behalf of their children. One of the issues they've voiced concern over is the district's policy to allow students to use facilities (bathrooms and locker rooms) based on their gender identity rather than their biological sex.
Many school officials have been wrongly led to believe that because of AB 1266 the "bathroom bill" signed into law in California in 2013, they have no choice but to implement this policy.
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SECTION 1.
All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
There is no shortage of hearsay when it comes to the laws regarding these types of policies. We don't want parents to rely on hearsay. We want you to have the facts.
Here are Five Fast Facts regarding privacy:
1. No federal law requires school districts to grant students access to facilities dedicated to the opposite sex.
2. No state law can strip away students of their constitutional right to privacy.
3. Granting students access to opposite-sex changing areas could subject schools to tort liability for violating parents' rights.
4. School districts have broad discretion to regulate the use of restrooms and similar facilities and to balance competing interests.
5. As a practical matter, a public school will not lose federal funding for non-compliance with Title IX.
If your school district is implementing policies that violate your child's privacy, email us here. We can help.
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