Mesa Public Schools (MPS) faces a lawsuit for policies resulting in the secret transitioning of children’s genders and tracking their gender transition journeys while restricting parental knowledge or consent.
The amended lawsuit, filed on Tuesday by America First Legal (AFL) on behalf of MPS Governing Board member Rachel Walden and the mother of one alleged victim, accused MPS of unlawfully hiding policy and evidence of their transitioning of children from parents. Arizona’s Constitution and Parents’ Bill of Rights acknowledge that it is the fundamental right of parents to direct the upbringing and education of their children.
The amended complaint contained new information revealing that at least one MPS school maintained a “parent concealment cheat sheet”: a spreadsheet tracking the gender journeys of over a dozen students as well as information on which of their parents were supportive or needed to be kept in the dark.
/1 🚨BREAKING – America First Legal Sues Mesa Public Schools in Amended Lawsuit, Adding Mother Whose Daughter’s Gender Was Transitioned Without Parental Knowledge or Consent, and After Obtaining New Evidence Proving Scale of Deception
MPS policy of transitioning children without parental knowledge or consent, the Transgender Support Plan (TSP), dates back to 2015, according to the lawsuit. The policy asks the children for permission to notify their parents of their gender transition: should the child decline, MPS requires its employees to keep the transition hidden from parents.
MPS has long denied the allegations that TSP occurs without parental notification. Last June, MPS Superintendent Andi Fourlis dismissed the allegations in a public letter.
According to a once-public document students were made to fill out to initiate a TSP, the Support Plan for Transgender and Gender Nonconforming Students, students were given the option to deny permission of disclosure of their gender transitions to their parents. MPS removed that support plan from public view following community outcry in 2022. The district then issued an updated version of the support plan with a loophole to parental disclosure: name and gender changes were to be requested through Synergy — the district’s online database — in order for parents to be notified. Should Synergy not be updated, parents would not be notified.
AFL noted that this loophole contradicted Fourlis’ claim, which ultimately resulted in the gender transition of the eighth-grade girl at the heart of AFL’s lawsuit, Megan Doe, to a male by school staff without the knowledge or consent of Doe’s mother, Jane.
“[S]chool employees encouraged Megan to lie to her parents and helped her to do so, which harmed the parent-child relationship and delayed Megan from receiving needed mental health counseling,” stated AFL.
Per the lawsuit, Jane’s attempts to learn of what had happened to her daughter were rebuffed by school staff and leadership in 2022. The principal at her daughter’s school refused to disclose further records or information about the conversations school staff had with her daughter, and refused to comply with Jane’s demand to cease referring to her daughter as a boy and by a boy’s name.
“The principal admitted that school personnel intentionally had not changed Megan’s name in the [Synergy] system to avoid any notification being sent to Jane and that there were no plans to change Megan’s name in the system,” stated the lawsuit. “The principal told Jane that even if Jane had asked to be notified about any name changes, pronoun changes, or other choices related to a transgender identity by her child, it was official MPS policy not to tell parents and that school personnel would not notify Jane about any further developments related to these issues.”
It was only after this ordeal that Jane discovered Megan’s struggles and, reportedly, was able to resolve them through conversations with her mother and a psychotherapist. The lawsuit stated that this maternal intervention resulted in Megan’s issues being “completely resolved” within a month.
“[Megan] is now very comfortable presenting herself as a female and using her given name and is thriving in high school,” stated AFL.
AFL claimed to also have discovered, upon information and belief, that MPS employees regularly ignored the requirement to notify parents after students began transitioning genders in school.
AFL further issued evidence of a school counselor, Emily Wulff at Kino Junior High, instructing school staff in an email last March to not disclose gender transitions to anyone outside those allowed within the support plan. Wulff’s email made no mention of parental notification.
In a follow-up email, Wulff clarified that the purpose of the nondisclosure policy was to “protect outing students who are not ready to come out to peers or family members.” Wulff specified that the support plan was designed to keep gender transitions a secret from certain families.
“The main takeaways would be to make sure when contacting home to use their preferred name home,” wrote Wulff. “For example, if I have a student that goes by Emily and she/her pronouns that I need to call home for, and in their plan it says to use their birth name and biological pronouns home, [be] sure you do not out the student by using their preferred name and pronouns they use at school.”
Last March, Wulff also directed school employees to keep up a spreadsheet tracking the gender transition journeys of 17 students, titled “Pronoun Preference,” with notes declaring whether a student’s parents and family were aware of their transition.
For three students whose parents were documented as “unaware,” Wulff’s spreadsheet directed school employees to hide their preferred names and pronouns. For another seven students whose parents were documented as somewhat aware or partially supportive, the spreadsheet instructed staff to use the students’ birth names and gender to mask the extent of their transition.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Residents in Arizona public school districts are engaged in a spiritual and moral battle. Some are determined to advance an insidious LGBT agenda, but I choose to fight on the side of God and those who love children. So, when left-wing journalist Richard Ruelas published this sleazy article, I felt it was my duty as a truth-teller to respond in earnest.
First, I’ll clarify for equity cheerleader Ruelas that I didn’t coin the expression “pedophiles by proxy” during the Higley Unified School District (HUSD) board meeting. I initially used the phrase while exposing the shenanigans of Peoria Unified School District (PUSD) Board President David Sandoval and Board Members Bill Sorensen and Melissa Ewing, who refused to read a physical privacy policy. The trio also failed to properly handle community concerns when public records revealed a district attorney advised Executive Director of Education, Christina Lopezlira, to inform administrators of “emerging practices for supporting transgender students,” and to “amicably address the competing interests and rights” of parents who object.
During the Title IX presentation on March 9, 2023, PUSD legal advisor, Lisa Anne Smith, confessed that SCOTUS (still) has not ruled on any case that permits or mandates biological boys and girls to share private spaces at school. This fact was reiterated by Superintendent of Public Instruction Tom Horne.
Furthermore, HUSD Board President Tiffany Shultz and Board Member Amanda Wade mocked a proposal for an enhanced dress code, agreeing that it would “sexualize students’ bodies.” Shultz and Wade also agreed that educators’ attempts to regulate indecent and disruptive clothing was a “waste of time.” Wade even advocated for removing the word “immoral” from policies that govern electronic communications between students and district employees. It’s absurd how public servants dismiss concerns from parents and teachers who want to protect children.
Reading Ruelas’ junk mail reminded me of my conversation with Liberty Elementary School District (LESD) Board President Michael Todd. He told me the conservative majority board was “trying to clean house” and that I was “late reporting” on his cross-dressing colleague, Paul Bixler. At this point, Bixler had served on the board two years, had already achieved state-level exposure during a House Education Committee meeting and was trending nationally after invading a female locker room. Todd assured me, “I’ve not ever seen Paul go into a women’s restroom on school grounds. Did I see him go into one at a hotel at a conference, yes I did…but that’s not at our schools.” Hmm…I guess I’ll never know (or care) what spooked Mr. Todd. Suffice to say, it was highly suspicious and unprofessional when this duly elected official threatened to resign over a belated news story.
The Ruelas article also sparked frustrations over responses from Chandler Unified School District Board Member Kurt Rohrs. Parents I spoke with said his position on allowing male and female students to share private spaces is unclear. Ruelas claims Rohrs said “he would not ask the board to enact a [bathroom] policy because it would violate federal law,” and that “the discussion about the issue isn’t rooted in fact.” Rohrs is quoted directly stating, “‘Parents are reacting this way because they are fearful. It’s clearly not rational. It’s emotional.’” At a glance, Rohrs’ comments come across dismissive and calloused. But keep in mind that Ruelas is a pretentious jester on a mission to distract everyone from the severe consequences of transgender ideology.
What happened twice in Loudoun County is a fact. What happened in Appomattox County is a fact. What happened in Vermont is a fact. What happened in Oklahoma is a fact. What happened in New Mexico is a fact. What happened in California is a fact. What’s happening in Arizona is a fact. So, I’d say irrational describes the diabolic social experiment that’s been deployed against America’s youth. And I’d say, if your kids are exposed to or assaulted by a member of the opposite sex on school grounds, you should be emotional about it! Ring every district phone, fill every inbox, darken every doorway, occupy every board meeting, alert the media, pull your kids out, sue that government-funded hotbed. Somebody is bound to get the message.
In general, board members looking for “middle ground” on school bathrooms are in for a turbulent 2024. When it comes to the safety and innocence of children, I implore you not to run as a conservative if you’re going to govern like a moderate. Your credibility will be shot, and your career will end in disgrace. There’s no such thing as moderate morality. You either have dignity and common sense, or you want boys and girls to share private spaces at school. You either believe parents have rights in public education, or you’re pro-government. You’ve either read the Title IX transcript and know that the corrupt Ninth Circuit ruling needs to be overturned, or you’re not up for the fight.
Of course, fiscal responsibility, increasing enrollments, and improving test scores are important. But these are not primary concerns for most parents. Preventing rape, violent assaults, hypersexualized curriculum, secret teacher-student relationships, and other exploitive behaviors are the leading issues in education right now. If these matters directly affect your district but you’re not in the majority (or you have a dissenting opinion), the best you can do is make coherent public comments, introduce constitutional policies, and cast votes that convey logical consistency to your constituents.
The worst you can do is entrust the verity of your statements to a narrative pirate like Richard Ruelas.
I want to highlight the passion and prowess of one board member who persisted in taking corrupt colleagues and administrators to task for their reckless policies and predatory practices. On November 21, 2023, America First Legal (AFL) announced that Mesa Public Schools (MPS) Board Member Rachel Walden is suing her district. The Arizona Sun Times reported that AFL “is representing Walden in her Maricopa County Superior Court lawsuit against [MPS] and Superintendent Andi Fourlis, which alleges they schemed to circumvent the Arizona Parents’ Bill of Rights after the community learned it was blocking parental notifications.” The MPS transgender support plan—adopted in 2015 without parental knowledge or consent—is dangerous, unlawful, and immoral. To grasp how radical MPS has become, read the Sun Times article alongside Walden’s opinion editorial and Mesa school board candidate Ed Steele’s analysis.
Teachers and Counselors should NOT suggest putting children on a transgender support plan but that is happening. Parents will not be notified. This is the meeting last night. I was prohibited from talking to the district lawyer under "legal advice." pic.twitter.com/qUPWZyCgAa
— Rachel Walden – Candidate AZ Corp Comm (@waldenpatriot) May 11, 2023
Using public education to push transgenderism on children is pure evil. Discussions on human sexuality are the primary responsibility of parents, not the government. Swapping clothes and pronouns, taking puberty blockers, and undergoing sex reassignment surgeries does not change the biblical, biological, and binary reality that dysphoric people are trying to escape. Moreover, unrestricted access to private spaces with members of the opposite sex is not a prescription for gender confusion. And pretending to be something you’re not will never cure suicidal ideations. Despite the U.S. Department of Education’s misinterpretation of the Bostock v. Clayton County, Georgia case, and their ludicrous Title IX amendment proposal, forcing male and female students to share bathrooms is not the law of the land.
Parents, when hardened LGBT activists say they’re coming for your children, believe them. Invest time researching this issue and avoid gaslighting anecdotes like those propagated by the Arizona Republic. Before you openly chastise any board member, make sure you have sound knowledge and understanding of the Constitution, state laws, and district policies. Let’s continue to stand up together and push back against this present darkness.
I’ll see you in the boardrooms.
For nearly two decades, Tiffany Benson’s creative writing pursuits have surpassed all other interests. When she’s not investigating Kennedy Assassination conspiracy theories, she enjoys journaling and contributing to her blog Bigviewsmallwindow.com. She encourages average citizens to take on an active role in the grassroots fight for future generations.
At the August 8th governing board meeting for Mesa Public Schools (MPS), conservative board member Rachel Walden was attacked and silenced. Apparently, her line of questioning and discussion of agenda items did not fit the approved district narrative and ruffled the feathers of fellow board member Kiana Sears.
Two of the items pulled from the consent agenda by Mrs. Walden were for the renewal and expansion of non-competitive contracts for mental health services to be provided by A New Leaf and Empact on campus at two district schools. In discussion on the first item, the contract with A New Leaf, Mrs. Walden was questioning the wisdom of giving A New Leaf space in schools to provide mental health services rather than simply referring students in need to mental health services available in the community.
“As difficult as the mental health crisis is, we need to stay in our lane and do everything that we can to improve student outcomes. So where are the afterschool tutoring programs? That’s something I’ve been asking for a long time,” said Mrs. Walden. She continued, “We should focus on what we’re tasked with doing and then we can refer out the other services.”
The reasoning behind this discussion was to point out that by bringing mental health services into the schools, the district would be diluting its resources with activities other than the one that is statutorily mandated, which is education. Mesa Public Schools Superintendent Dr. Andi Fourlis remarked, “When we talk about bringing partners into our school system, we use partners only when we have exhausted all of the resources available at the school. That is counselors, social workers, psychologists…that are working to solve the many challenges of children. So, when we have run out of all of our skills and assets, that’s when we would rely upon a community partner.”
Mrs. Walden questioned how the district could be exhausting all resources when it has more than the state average of school counselors. The district has 2.5 times the number of school counselors as the state average on a per student basis.
Superintendent Fourlis commented that having the resources on campuses alleviated logistical issues with parents getting their children to the outside service. She said, “Providing services closest to the student to reduce the amount of instructional time is very important…. Often times, there’s just not enough services available, and so bringing them to school where they can take students out of class for a 30-minute time perhaps versus having to take a half a day out of school, drive, get to an appointment, and so on. It becomes access and convenience for the families.” Mrs. Walden nullified that justification by correctly noting that mental health care providers will come to a student’s home.
In the middle of this exchange between Mrs. Walden and Superintendent Fourlis, otherwise disinterested board member Kiana Sears interrupted the conversation and called for the question essentially silencing Mrs. Walden’s inquiry into the details of the agenda item. The call for the question was seconded by Dr. O’Reilly, thereby ending the discussion and forcing a vote on the agenda item. To his credit, Dr. O’Reilly recognized that seconding the call to the question was a mistake and later apologized to Mrs. Walden for silencing her voice. Mrs. Sears has yet to acknowledge such contrition.
After silencing Mrs. Walden and moving to the vote on renewal and expansion of the contract with A New Leaf, President Hutchinson proceeded to carry water for A New Leaf, lauding its 52 years of service “to our families and our kids” and that it is “very well respected for the decades of work that they have done to keep this community whole.” She went on to say, “A New Leaf has been there, and this is an amazing organization that is local, and they are embedded in our community and in our schools and have been for years, decades as a matter of fact. So, let’s move on to the next agenda item…”
The next agenda item pulled by Mrs. Walden was similar to the first one—the approval of the contract for Empact to provide on-site mental health services on campus. During the discussion, Mrs. Walden questioned how these providers (A New Leaf and Empact) were chosen. Superintendent Fourlis responded, “I will tell you that this is an interesting question. As needs have arised (sic), throughout our community, we have responded, and community partners have responded differently. There is a scarcity of resources available, and so when our schools and our parents are asking for the help, we are grabbing the help that we can. And so there is not a plethora of services…and so to answer your very specific question, we did not do an RFP process.”
Did you catch that? “Community partners responded differently”? Responded to what? Community partners have never received a notice to respond to.
And what does Superintendent Fourlis mean by, “we are grabbing the help where we can”? While she’s making it sound like a desperate grasp for services of a couple of randomly selected organizations, it is actually closer to a pre-arranged preferred selection.
Consider this. Mesa Public Schools and A New Leaf have shared a cozy relationship for years. A New Leaf’s CEO, Michael Hughes, previously served on the governing board of MPS for 20 years from 1994-2014. No doubt, he made lots of close friends in the district during his tenure. In 2021, the MPS Governing Board, including President Hutchinson, approved what appears to be a very favorable lease agreement to A New Leaf for district owned office space. (See image below)
Then, in 2022, no less than 3 members of A New Leaf’s management, including Michael Hughes, donated to President Hutchinson’s re-election campaign. Now in 2023, the governing board, including President Hutchinson, has voted to renew and expand a non-competitive contract for A New Leaf to provide services on MPS campuses. And the narrative the superintendent is pushing is that A New Leaf was chosen because they responded to some non-existent public call for services and that there is a scarcity of services in the community.
As Mrs. Walden was challenging Superintendent Foulis’ claim of scarcity of services, again, disinterested Mrs. Sears interrupted the conversation to express her “outrage” at Mrs. Walden for her line of questioning and discussion. But questions and discussions based on Mrs. Walden’s interactions with her constituents are how a representative government is supposed to operate. She is seemingly the only board member acting as the representative of the community by engaging in such questioning and discussions rather than just rubber stamping every agenda item that is presented.
But that didn’t stop Mrs. Sears from fabricating a false narrative toward the end of the meeting that Mrs. Walden believes the district should just “turn our backs on our parents and our kids.” Mrs. Sears expressed anger at Mrs. Walden based on that false narrative, and this dangerous and dishonest behavior incited community anger toward Mrs. Walden. You would think President Hutchinson, who was presiding over the meeting, would have stopped this unfounded attack on Mrs. Walden. But instead, she allowed it to continue without calling the meeting back to order and telling Mrs. Sears that she was violating the district code of ethics.
Not only is President Hutchinson complicit in Mrs. Sears’ dangerous and dishonest behavior, but it has become clear. Conservative voices in Mesa Public Schools are not welcome. And any conservative who dares to challenge the preferred narrative will be bullied and silenced. It once again goes to show you: elections have consequences, especially at the local level.
You can watch the portion of the meeting discussing A New Leaf below.
Ed Steele is a husband, father, grandfather, and Mesa resident with a passion for helping the younger generation succeed in education.
Many are surprised to learn that Mesa Public Schools (Unified District #4) has had a co-ed option for restrooms, locker rooms, and overnight facilities since 2015. The district leadership at the time quietly developed a Transgender Support Plan for children. This includes choosing which facilities the child wants to use along with a new name and new pronouns. This plan involves no parental consent or parental notification.
Due to public comment and internal questions, Board President Hutchinson, under the guidance of Superintendent Fourlis, asked for a legal opinion from the Board’s counsel, Udall Shumway. A brief memo was placed on the agenda for the meeting May 9, 2023, and Udall Shumway determined that the Transgender Guidelines stand.
In the meeting I asked about the criteria for a child to be placed on this plan. Kacey King, the district’s counsel said, “for younger children a teacher or counselor might suggest that they put it into writing.” I was shocked at this statement. This is absolutely not the role of teachers or counselors. I have been told that school counselors are simply there to determine what barriers exist that may prohibit classroom learning.
To have a counselor or teacher help put a child on a Transgender Support Plan is simply wrong, particularly without any communication with the parents. The U.S. Supreme Court has repeatedly recognized that parents possess the fundamental right to direct the upbringing, education, and health care of their children. This right does not belong to any school or staff. Public school offers a service to the community—a service to teach children the academic standards to prepare them for a future to be able to be confident and self-reliant adults. Schools need to stay in their lane if they are going to retain public trust.
Opportunities exist for children to develop personal relationships with counselors and without parental consent. In one such example, the district had an elementary school student who was struggling in math. She would ask to see the counselor during the math lesson. Her mother was never notified because they weren’t official counseling sessions. The mother eventually found out when she confronted the school about her daughter’s below average math performance. No one previously told her that her daughter was behind in math or that she was visiting with a counselor.
Counselors may also have informal visits with children who don’t want to go to lunch or recess with their classmates and decide to visit with a counselor instead. Perhaps a child opens up about personal struggles, then the option exists for that trusted authority figure to guide the child to complete a private Transgender Support Plan. How would the parents know?
There is no other program or plan in the district that is comparable in secrecy or purpose to the Transgender Support Plan. Specialized learning plans, after school clubs, field trips, photographs, all require parental consent. Yet, a student can be given a new identity, and no one will notify the parents?
The main legal justification for these guidelines right now stems from the 9th Circuit case Parents for Privacy v Barr. The court ruled against parental rights, ruled against freedom of religion, and ruled against privacy. I have spoken to attorneys who believe this ruling will be overturned. In the meantime, one of the best courses of action is to make sure our parents are informed. There is no legal argument against notifying parents about a child discussing “gender identity” or any other such topics at school. In fact, the law is on the side of the parents. I will continue this fight for parental rights and transparency.
Rachel Walden is a member of the Mesa Public Schools Governing Board. You can follow her on Twitter here.
Mesa Public Schools (MPS) appeared hesitant in a recent governing board meeting to discuss the secretive gender transition plan, which had been in place for years. Most parents were unaware of the plan until recently, which included an opt-out provision allowing the school to keep the plan secret from parents.
Governing board member Rachel Walden attempted to discuss this gender transition plan during Tuesday’s meeting. However, the district lawyer said that discussion of the plan constituted legal advice and would require the board to go into an executive session, out of the public’s view. The form’s promise of secrecy conflicted with Arizona’s parental rights laws.
“There is no other process that involves plans, paperwork for children without parental consent. But this issue can’t even provide parental notification?” asked Walden.
Teachers and Counselors should NOT suggest putting children on a transgender support plan but that is happening. Parents will not be notified. This is the meeting last night. I was prohibited from talking to the district lawyer under "legal advice." pic.twitter.com/qUPWZyCgAa
Walden clarified that, following discovery of the parental notification opt-out provision of the gender transition plan, MPS modified the form to strike the provision.
☝️That form was updated after it was discovered but it's clear there is no process on which the parents are involved
MPS has reportedly had the controversial gender transition plan since 2015. The original form asked students if their parents were aware and/or supportive of their gender transition. If either are answered in the negative, the form asks the student whether they give consent for the school to disclose their “transgender or gender nonconforming status” to their parents.
Arizona law states that parents have “a right to access and review all records relating to the minor child.”
The current version of the MPS gender transition plan looks virtually the same as the prior version, with the exception that parents or guardians will be notified of the plan if the student requests changes to Synergy, the online student information portal.
The MPS plan appears to be based on model documents. Chicago Public Schools issued a gender transition plan document with similar formatting and the same title.
Controversy over the gender transition plan surged last summer, after the district implemented new guidelines for handling transgender students. MPS defended its actions, arguing that their guidelines aligned with federal guidelines.
The guidelines included an assertion that students had the right to be addressed by their preferred names and pronouns, regardless of whether they had their name legally changed. MPS further declared that students should be allowed to use facilities intended for the opposite sex, such as restrooms, locker rooms, shower facilities, and single-sex classes.
Students also aren’t required to provide proof that they underwent any kind of medical treatment for gender transition as a condition of this special treatment.
“A transgender student is not required to provide verification that the student is undergoing or has undergone medical treatment for the purpose of gender transition as a condition for changing a student’s name and/or gender markers in the District’s records,” read the guidelines.
MPS also asserted that students must be allowed to participate in physical education activities and sports in accordance with their gender identity, though they could not compete in teams designated for the opposite sex in accordance with Arizona law.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
