RIGHT WING WAR ON LGBTQ+ RIGHTS
'An unaccepting home is very taxing': Chico mom sues over alleged 'secrecy law' regarding trans students

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Michaela Harris, Appeal-Democrat, Marysville, Calif.
Fri, January 27, 2023 

Jan. 27—A lawsuit filed recently by a parent against Chico Unified School District has sparked discussion surrounding schools' approaches to notifying parents if a student discloses their preferred gender identity or sexual orientation to them.

On Jan. 13, a lawsuit listing Aurora Regino as the plaintiff claimed that the school her oldest child attends socially transitioned them by referring to the student with a male name and pronouns while hiding this change from Regino for months.

According to the lawsuit, Regino claims that her child, referred to as A.S., disclosed to a school counselor that they "felt like a boy." A.S., a fifth grader at the time, was then asked if they would prefer to be referred to with a male name and pronouns, and A.S. claimed that they felt pressured to say yes.

As the plaintiff, Regino claims that an alleged "parental secrecy policy" upheld by the district and other public schools in California violated Regino's 14th Amendment due-process rights. She also claims that the alleged policy in question encourages faculty members to socially transition transgender students without notifying parents unless expressed permission is given by the students.

The lawsuit further claims that under this policy, "schools in the district are prompting students to question their sexuality and gender, facilitating their social transition to a new gender identity, and integrating this new person into the school ecosystem, all without informing or receiving consent from (the child's) parents."

It claims that Regino was supportive of her child's change in gender identity, and by withholding this information from parents, the alleged policy excludes parents from being a part of a formative event in their children's lives.

Regino's attorney is Harmeet K. Dhillon. Dhillon is the founder and CEO of the Center for American Liberty.

"Founded by Harmeet K. Dhillon in 2018, the Center for American Liberty leverages its nationwide network of attorneys to zealously advocate for individual liberty and to combat illegal discrimination," according to the group's website. "The Constitution guarantees individual liberty rights, but as we've observed, there is a coordinated assault on our civil liberties from corporations, politicians, socialist revolutionaries, and inept or biased government officials. The Center for American Liberty is leading the fight against this assault on liberty by holding those who destroy our civil liberties accountable through the courts."

Last year, the "Dhillon Law Group and LiMandri & Jonna LLP, in conjunction with the Center for American Liberty, sent a letter of intent to sue the Permanente Medical Group, Kaiser Foundation Health Plan & Kaiser Foundation Hospitals who performed, supervised, and/or advised transgender hormone therapy and surgical intervention for Chloe Cole when she was between 13-17 years old," the Orange County Breeze reported in November 2022.

Dhillon, on behalf of the Center for American Liberty, also previously filed a complaint against a Salinas Valley school district, claiming that two "radical activist" teachers "tricked a 12-year-old girl into believing she was transgender and bisexual," the Los Angeles Times reported. Dhillon also claimed the school created a "gender support plan" and "instructed the faculty to use her new male name and pronouns — all without her mother's knowledge."

The Chico Unified School District Board of Trustees responded to the allegations presented in Regino's lawsuit shortly after its release. Superintendent Kelly Staley wrote in an email to parents that there is no parental secrecy policy in place when addressing a transgender student's social transition. She also denied that the district has ever tried to change a student's identity.

"Our goal is to ensure that every student — every student, every day — has as much support as possible from as many sources as possible, including their families. Whenever possible, and as permitted by law, we seek to ensure that the student has the full support of their family," Staley said during a board meeting on Jan. 18.

Regino claimed in the lawsuit that the alleged parental secrecy policy is upheld by state law. While not directly named in the lawsuit, Regino confirmed in an interview with Action News Now that the state law is in reference to Assembly Bill 1266, the state legislation which is based on participation rights for transgender students and deals in part with student privacy as it pertains to self-identification. This legislation has been in place since January 2014.

Student safety

Under a frequently asked questions section of Assembly Bill 1266, the California Department of Education said that a transgender or gender nonconforming student may not express their gender identity openly in all contexts, including at home. Revealing a student's identity to others, or "outing" them, could compromise the student's safety, officials said.

For this reason, preserving a student's privacy is prioritized under this legislation as well as many school districts in the state.

Doreen Osumi, superintendent for Yuba City Unified School District, said that the district must observe specific guidelines established by state legislation. She said that in the case of students coming out to faculty members, the student's well-being is prioritized in accordance with state law.

"We do not have a parent secrecy policy, which implies that we would actively work to keep information from parents about their child. We strive to build strong, open and collaborative relationships with our parent partners. There are specific laws governing pupil privacy and antidiscrimination that we must observe," Osumi said in an email. "In such a situation we work with the student to support them consistent with the privacy laws previously referenced. Our primary goal is the well-being of our students and any parental notification will depend on the specific situation. Our practices are consistent with the laws, which apply to all school districts. They are not unique to our district."

Marysville Unified School District follows similar guidelines when addressing a student's coming-out process.

Director of Student Welfare and Attendance Zachary Pless said that students are entitled to privacy in all areas of their lives, both in and out of school. He said that any guidelines pertaining to privacy are followed to suit the student's best interests, and parent involvement is a priority for the district.

"I recognize that, with parents, we do discuss a lot of information. They are a part of that team in terms of supporting a student. I have never heard of a 'secrecy policy' in terms of with parents," Pless said.

Should a student come out to a faculty member about their gender or sexuality, faculty members are encouraged to start an open dialogue with the student and ensure that school remains a safe place for them. Pless said that a conversation with a trusted adult is a good starting place for students opening up about their identity to understand the level of support they need.

School counselors or psychologists may also outline a gender support plan should the student need additional changes to the way they interact with their school. Pless said that the district works to include parents in this discussion in order to move forward with any changes made for the student.

"That's a team that meets with the parent, the kid. We talk through any concerns they have, questions they have. We talk about P.E., we talk about going to the bathroom, we talk about how teachers approach them at school, and we try to navigate who needs to know. There's that right of privacy, so who needs to know this? ... There's lots of people that a kid interacts with, and we want to make sure that we're supporting them in that while also respecting that privacy," Pless said.

Transparency and parent involvement is always the district's goal, but students may be reluctant to involve their parents in these transitions, he said.

"I have found that even with families that, on the surface, I think would be really resistant, when your child comes out to you and tells you those things, you love that kid. You want them to be happy and you want that support. Most families may not know how to act, and that's where school can support as well," Pless said.

In the event that a student would feel unsafe at home upon coming out, Pless said that ensuring that their school remains a safe haven for them and protecting their safety is prioritized.

"Ultimately, it's the kid who is disclosing it. It shouldn't be coming directly from the school. It should be coming from the kid because that's who (the parents) love. That's who they care about," he said.

'I'm scared'

Oftentimes, when students do not grant their schools permission to disclose their gender identity or sexuality with their parents, they anticipate rejection or some form of violence should they be outed in their home or among their other community groups.

In the case of Kelly Rickert, a homeless liaison for the Sutter-Yuba Homeless Consortium and volunteer member for Tri-County Diversity, she became homeless at the age of 14 after she was outed as a lesbian to her family.

Having already left their mother's home in San Diego to escape an abusive situation, Rickert and her sister tracked down their biological father and began living with him in Sacramento. Rickert would only stay with her father for around 10 months before she was forced out of her home.

While on the phone with her first girlfriend, Rickert's stepsister recorded their conversation on the answering machine.

"I even remember saying in this conversation, 'God, I really wish I could just tell my dad I'm gay. That'd be great, but I'm scared to.' Well, I got home that night, walked in and immediately knew something was wrong," Rickert said.

Her parents confronted her about her sexuality and gave her a week to leave their house.

"I didn't last a week. It was a horrible environment, so I chose to live on the streets after that. I couldn't go back to my mom's, and I didn't want to be in that situation at my dad's house, so at 14 years old, I was out on the streets," she said.

Rickert transferred to different receiving homes or group homes between the ages of 14 and 18. While living in a group home on the San Luis Rey Mission in Oceanside, Rickert became heavily isolated from her peers and was threatened at one point after being outed to her fellow community members.

"I knew that they were segregating me because of my sexuality. ... On the mission, I ran away because a group of girls found out that I was gay. I didn't tell them. I was still in the closet. I was not open. I was terrified," Rickert said.

According to Rickert, a group of counselors on the mission outed her to a group of girls who were also living on the mission. These girls began threatening Rickert with physical harm and even tried to push her down a flight of stairs, she said.

Rickert was dismissed when she sought the help of adults on staff, and ran away from the mission.

In a separate incident after Rickert had been living in a receiving home in Sacramento, she was told to return to her father's home after a family court proceeding.

"We walk into this courtroom, and I see my dad and stepmom sitting there. We all sit on this table in front of a judge. ... I remember his words. He points at me and says, 'You're going back home to your dad and you're going to stop this gay s**t out now.' And I went back home with them because I was told to, legally. They made me. I ran away. That's how I kept winding up on the streets," she said.

According to Tri-County Diversity's 2022 demographics regarding homelessness in the Yuba-Sutter area, 38 people belonging to the LGBT community were reported homeless. Rickert also said that 14 direct referrals were also made to Sutter-Yuba Behavioral Health and the Sutter-Yuba Homeless Consortium. There were also six youths seeking assistance due to sudden homelessness, she said.

"Not being accepted, outed, facing emotional or possibly physical abuse that occurs after being outed or found out in an unaccepting home is very taxing, especially to a child. Imagine being in a parent's home and a child making that decision: 'I'd rather be on the street than not sleep in a bed tonight in this situation.' That's a profound statement," Rickert said.

According to the Trevor Project's 2022 National Survey on LGBTQ Youth Mental Health, 45% of LGBTQ youth seriously considered attempting suicide in 2022.

"LGBTQ youth who felt high social support from their family reported attempting suicide at less than half the rate of those who felt low or moderate social support," the survey found. "... LGBTQ youth who found their school to be LGBTQ-affirming reported lower rates of attempting suicide."

According to a study published by the National Library of Medicine, "82% of transgender individuals have considered killing themselves and 40% have attempted suicide, with suicidality highest among transgender youth."

Local resources for LGBT youth are available for those in need of additional support. Tri-County Diversity hosts a support and crisis hotline at 530-763-2116. Those experiencing homelessness can find resources online through the Sutter-Yuba Homeless Consortium website at www.syhomelessconsortium.org.