The U.S. Supreme Court declined to hear an appeal from a pair of Florida parents who alleged that a public school district violated their parental rights by a now-revised school board policy. The couple argued that the policy kept their daughter’s school from informing them about her request to use a different name and pronouns.
According to The Detroit News, the parents submitted the appeal after a lower court threw out their lawsuit.
The couple argued that middle school officials in Tallahassee treated their child as nonbinary and hid the information from them. The couple claimed it was a violation of their fundamental parental rights per the U.S. Constitution’s 14th Amendment promise of due process.
Leon County School Board's Procedures
In 2018, the School Board of Leon County, Florida, developed procedures “to balance concerns of safety, privacy, students’ rights, and parental notice that arose when a student sought to use a different name and pronouns,” CBS News reported.
Under the updated provisions, the school’s administration would treat any student according to the gender identity they assume, once informed.
The guide also informed administrators that if a student claimed to be transgender or gender non-conforming, then a “support plan” should be completed at a meeting with school officials.
The protocol also argued that in some cases, informing parents about their children’s decisions could be dangerous to their health and well-being. The guide instead tells school officials to acquire student consent before notifying parents of the “support plan.”
School Board's Updated Policy
In 2021, the state of Florida passed the "Parents' Bill of Rights," which barred public schools from violating parents’ rights to lead the "upbringing, education, health care, and mental health" of their children.
The Leon County School Board revised its guide in June 2022 to adhere to the new policy, ensuring that school officials refrained from intentionally withholding information from parents.
Prior Court Decisions
Both a trial court and the U.S. Court of Appeals for the 11th Circuit dismissed the case, with the appeals court ruling that the parents failed to satisfy the standard for proving a violation of their substantive due process rights, while agreeing that the school infringed on the parents’ fundamental rights.
The high court’s dismissal leaves the appeal court’s initial decision in place.
