By Ethan Faverino |
Arizona State Superintendent of Public Instruction Tom Horne hailed a unanimous decision by the Arizona Court of Appeals that reinstates a lawsuit against the Mesa Unified School District (MPS), reinforcing parental rights in cases involving children’s gender identity.
The ruling allows parents to pursue legal action against public schools that withhold critical information about a child’s intent to identify as a gender different from their biological sex.
“Schools are not substitutes for parents, and they have zero right to withhold information that parents are entitled to know,” said Horne. “Arizona law is very clear on the right of parents, and they should be informed when a child expresses a desire to be identified as a sex other than the one to which they were born. The Court of Appeals was unanimous in their decision allowing a lawsuit filed against the Mesa school district by a parent to proceed. I am very pleased that the Court made the correct ruling to defend parental rights and remind schools they should follow the law or risk legal action.”
The case is of a parent whose daughter, referred to as “Megan” (a pseudonym), was a student at an MPS junior high school during the 2022-23 school year. According to court documents, MPS had implemented “Guidelines for Support of Transgender and Gender Nonconforming Students” since at least 2015. These guidelines included procedures for school staff to support students asserting a gender identity different from their sex assigned at birth, such as updating their name or pronouns in internal systems without necessarily notifying parents.
In “Megan’s” situation, school personnel allowed her to use the male name “Michael” among teachers and students, while deliberately avoiding updates to the district’s electronic system to prevent automatic parental alerts.
The guidelines instructed staff not to disclose a student’s transgender status or gender nonconforming presentation without the student’s consent, even to parents.
This included options for students to specify whether their identity could be shared with school leadership, teachers, or peers—but parental notification was not mandated unless a change was requested in the school’s internal system.
“Megan’s” parents discovered the name change in October 2022 and confronted the school officials. In a December 2022 meeting with the principal, they learned that the school had intentionally bypassed the notification system to keep the matter secret.
The principal admitted that even if the parents had requested updates on name changes, pronouns, or gender-related issues, MPS policy prohibited informing parents.
The parents demanded that all staff cease using “Michael” and revert to Megan’s given name, but at a February 2023 meeting with teachers, all but one continued using the preferred name.
The parents further claimed that the school’s actions encouraged Megan to lie to her parents, straining the family relationship and delaying necessary mental health support.
Once her parents were fully informed, Megan was able to speak openly with them and a mental health counselor. Within a month, her issues were resolved, and she became comfortable presenting herself as female and using her given name. The lawsuit, joined by MPS board member Rachel Walden, alleges violations of Arizona’s Parents’ Bill of Rights, which protects parents’ authority over their children’s upbringing, education, health care, and mental health. It also cites prohibitions against public employees compelling children to withhold information from parents, requirements for advance notification on sexuality-related instruction, and bans on mental health screening without consent.
Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.
