THE TIDES HAVE OFFICIALLY TURNED

Jul 22, 2023

Click image for video of July 20 meeting and vote. 
Last night, Thursday, July 20, 2023, loving parents, guardians, and school board members secured an unprecedented victory against – and delivered a fatal blow to – the State’s aggressive campaign to drive a wedge between and separate children and their guardians. Chino Valley Unified School District voted 4-1 to approve their Parental Notification Policy with overwhelming support from their community. Per CVUSD President, Sonja Shaw:
This policy is meant to foster trust between district employees, and our students’ parents and guardians. I stand for the authority of parents to guide the upbringing of their children and their involvement in decisions related to their education, health, safety, and wellbeing.
Schools should never keep secrets from parents, nor put teachers in a position where they have to lie to them.
It is slanderous to accuse parents of being a dangerous threat to their child just because they disagree with their child’s chosen gender identity, Schools have no right to keep secrets from loving parents just because they believe biology determines a child’s sex. If teachers really believe a student is not safe at home, they have an obligation, as mandated reporters, to notify the authorities. This notification policy does not change that requirement.
We are extremely pleased and proud of [CVUSD Board President] Sonja Shaw and her board for passing a policy that acknowledges the important role parents play in the mental and emotional health of their children. Gender dysphoric children are not served by schools who hide their struggles from their parents. Schools should be encouraging the bond between students and their parents, not telling students to fear, distrust, and reject the people in their lives that love and care for them the most.
As confirmed by the school district’s attorney Anthony De Marco, this policy is legal and the CDC directive about the supposed privacy rights children have from their parents is ‘guidance’ and ‘not law.’ We anticipate other school districts around the state to follow CVUSD’s example and enact similar policies to protect children by safeguarding their relationship with their parents.
Watch the June 15, 2023 press conference where Shaw, Assemblyman Bill Essayli, and other parental rights advocates explain the necessity of this Parental Notification Policy and the Assemblyman explained:
Today we reclaim the power of the people and put this issue in the hands of every concerned parent across the state. I’m joining with a coalition of parents’ rights advocates to promote parent notification policies, like the one proposed at CVUSD, that any parent can bring to their local school board for implementation.  I’m confident that parental rights will prevail over partisan politics in Sacramento.

NOW IT IS YOUR TURN TO RISE:

CVUSD’s action has started a tidal wave across the state and, hopefully, country. The Policy is simple, honest, specific, clear, supported by well-settled, long-standing medicine and science, legal, and wanted by a majority of parents. Now is your turn to do the same thing in your District to #ProtectTheChildren and #TakeBackOurState:

      1. Watch last night’s CVUSD meeting here to understand the opposition’s points and see how a good meeting should be run.
      2. Listen to CVUSD’s Attorney Anthony De Marco explain why the Parental Notification Policy is legal and how the California Department of Education’s opinion on this topic is only guidance, not law.
      3. Read CVUSD’s Parental Notification Policy, to understand which provisions it includes and which you would like to see implemented in your District. In brief, the Policy states that schools must notify parents if:
            • Their children have had any significant physical injury while at school;
            • A school employee suspects or has knowledge of a student’s suicidal intentions;
            • There is any incident or complaint of a verbal or physical altercation involving their child, including incidents of bullying by or against a student.
            • A student is requesting to be identified or treated, as a gender other than the student’s biological sex.

THE LAW – REASON & MORALITY – ARE ON YOUR SIDE:

In car you were still unsure, several civil rights legal organizations have written letters in support of the Policy to explain why California school districts are violating parental rights protected by the U.S. Constitution.
    • “A minor’s right to privacy does not supersede the right of parents to direct the care and upbringing of their child. Minor students are not ‘little adults’ nor do they inherently possess any absolute rights to autonomy or privacy, particularly vis-à-vis their parents,” wroteConstitutional Attorney Dean Broyles, President of the National Center for Law and Policy. “In fact, the ‘laws concept of the family rests on the presumption that parents possess what a child lacks in maturity, experience, and capacity for judgment required for making life’s difficult decisions.’ Parham, 442 U.S. at 602.” Read Broyles’ legal memo.
    • “Due process requirements along with Education Code § 221.5 speak against the notion that a public school district can, much less is required to, conceal from parents their child’s attempts at gender transition,” wrote Kevin Snider, Chief Counsel at the Pacific Justice Institute. “The California Department of Education’s protestations aside, one looks in vain for a provision in Section 221.5 that authorizes school employees to engage in conduct calculated to deceive a parent.” Read Snider’s legal memo.
    • “School districts do not violate any state or federal law by disclosing information to parents regarding their child’s gender identity,” wrote Robert Tyler, President and General Counsel for Advocates for Faith and Freedom. “The Family Educational Rights and Privacy Act (FERPA) already affirms parents’ right to review their child’s student records. Under FERPA, school officials can disclose information from a student’s records to parents of the student “in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.” 34 C.F.R. § 99.36(a). Information related to a child’s request to go by a different name or to be treated as a different gender is needed by parents so that parents can ensure their child’s physical, mental, and emotional needs are being fully met at home and school. Read Tyler’s legal memo.

YOU ARE NOT ALONE:

In addition to the organizations listed, above, a recently released Rassumssen poll shows California voters strongly support a parent notification policy like the one described above. According to a Rassmussen report released today, “Eighty-four percent (84%) of California voters would support a local law that required parents to be notified of any major change in a child’s physical, mental, or emotional health or academic performance, including 66% who would Strongly Support such a law. … If such a law included notifying parents of a child identifying, requesting to identify, or being treated as a gender that doesn’t align with their biological sex, 62% of California voters would be more likely to support it. To that end, several organizations, including FLTJ, formed the Coalition for Parental Rights to advocate for, protect, and enforce these rights and preferences. The Coalition includes the following organizations:
          • Real Impact
          • California Family Council
          • Capitol Resource Institute
          • Our Duty
          • Partners for Ethical Care
          • California Policy Center
          • Pacific Justice Institute
          • National Center for Law and Policy
          • Mom Army Advocates for Faith & Freedom
          • For Kids & Country
          •  Mom’s For Liberty
          •  Alliance to Protect Children
          •  PERK: Protection of the Educational Rights of Kids
          •  The Salt & Light Council
          • A Time to Stand
          • TVNEXT
          • Educate Advocate
          • FACTS LAW TRUTH JUSTICE

SECURE THE STATEWIDE VICTORY. NOW.

We won, which means that Sacramento is scrambling and will surely go on the offense to offset or completely unseat this Victory. What we must do is replicate this Win statewide, to show the Capitol that this is not a one-off, “freak,” extremist and revolutionary act. This is what parents want, but, most importantly, what our children need and deserve. Much as with CV restrictions, the more we push back together, in unison, now the faster we can take down California’s tyrannical, unscientific, unconstitutional and dangerous scheme.

R I S E U P !

 

The Law Offices of Nicole C. Pearson