WILL School Board Summit Session 4: Parental Rights & Student Gender Identity — Transcript
Full transcript
- 0:03well thank you all for coming back uh
- 0:04after lunch I know this is the hardest
- 0:06session of the day because uh you're all
- 0:07a little sleepy after eating um but we
- 0:10hope this will be a really good panel so
- 0:11the the subject of our panel is parental
- 0:14rights uh and there's a whole lot we
- 0:16could talk about but kind of the big
- 0:18issue that's happening uh nationally
- 0:20around the country relates to names
- 0:22pronouns and gender transitions at
- 0:25school so we're really going to focus
- 0:26exclusively on that topic and how it
- 0:29relates to parental and we're really
- 0:30going to dig deep into that and give you
- 0:32sort of a lot of the different aspects
- 0:34of that that you need to know and and
- 0:36hopefully will uh help you as as this
- 0:38issue comes up in your school district
- 0:39so I'm going to briefly uh introduce our
- 0:42panelists I'm not going to read their
- 0:43full bios because uh you have those in
- 0:45your packets and I think you want to
- 0:47hear what they say more than you want to
- 0:48hear their full bio so I'll just uh
- 0:50briefly uh Nikki Neely is the president
- 0:53and founder of parents defending
- 0:55education this is a uh National
- 0:57membership organization that gives
- 0:59parents resources uh it's litigated
- 1:01cases it does a lot in this space uh and
- 1:04she's also done a lot of fabulous other
- 1:06things that you can read about in the
- 1:07bio uh but she's a a very zealous
- 1:09advocate for parental rights nationally
- 1:12uh Dr Erica Anderson is a clinical
- 1:14psychologist uh used to practice in
- 1:16Berkeley but recently moved back to the
- 1:18Midwest in
- 1:19Minnesota uh she was uh on the board of
- 1:23wath uh and the president of US path for
- 1:26a number of years and is actually one of
- 1:28the world's leading experts experts I
- 1:30think on gender dysphoria so we are
- 1:32really privileged to have her here with
- 1:33us and to have her expertise uh and
- 1:36finally Tammy forer uh is our client in
- 1:39a case that we won uh thankfully it was
- 1:41a groundbreaking case for parental
- 1:43rights and uh given what happened to her
- 1:45in the case she's become a a very Fierce
- 1:48advocate for parental rights so you're
- 1:49going to hear a little bit uh about her
- 1:51story so I'm really excited for this
- 1:52panel uh let's give them a welcome and a
- 1:55thanks for all them being here
- 2:00so so Nikki why don't you uh just start
- 2:02us off sort of set the stage for us what
- 2:05is what is the issue uh related to names
- 2:08pronouns and gender Transitions and how
- 2:09does it how does it relate to parental
- 2:11rights sure um so um first I'm sure this
- 2:14is something that most of you are
- 2:15Loosely familiar with um under the guise
- 2:18of inclusivity districts are have been
- 2:20adopting policies governing the use of
- 2:22preferred names and pronouns most most
- 2:23frequently through bullying and
- 2:25harassment codes um and this is often
- 2:27then at the back end tied to student
- 2:29codes of conduct which means that
- 2:31violations of these codes then can be
- 2:33subject to punishment up to an including
- 2:35expulsion um the justification for this
- 2:38is we see districts across the country
- 2:39citing Title 9 UM and the Biden
- 2:42administration's forthcoming rule we'll
- 2:44get more into Title 9 in a little bit
- 2:45but you know a lot of districts are
- 2:47being told by their legal council or by
- 2:49the state that they must adopt these
- 2:50because of title n um or in certain
- 2:53instances State human rights law like in
- 2:55Iowa recently um a district that we had
- 2:57sued linmar Community Schools cited Iowa
- 2:59State human human rights law um the
- 3:01counter for this is as the panel talking
- 3:03about racial discrimination talked uh
- 3:05discussed earlier compelled speech um
- 3:07you are forcing someone to say things
- 3:09that they may not believe in um is a
- 3:11taxpayer funded Public School System
- 3:13entitled to real estate in a student or
- 3:15teacher's mouth in their head um and
- 3:18then kind of the slightly further a
- 3:20field is the the the the social
- 3:22transition aspect of this um so as of um
- 3:25today um my organization parents
- 3:27defending education has identified 1,6
- 3:29school districts across the country that
- 3:31maintains what we call parental
- 3:33exclusion policies um this impacts 18,6
- 3:3642 schools and over 10.8 million
- 3:39children um these policies have been
- 3:41adopted most frequently by school boards
- 3:43they have been voted through by duly
- 3:45elected Schoolboard um that says that
- 3:47parents do not have a right to know
- 3:48their child's gender identity um this is
- 3:51again done under the guise of safety um
- 3:54schools will often maintain two separate
- 3:56sets of Records um with a child's new
- 3:58name a child's new pronoun how the child
- 4:00presents at school um we also see this
- 4:02manifesting in the classroom because
- 4:03teachers then will ask teach uh students
- 4:05at the beginning of the school year um
- 4:07what name what pronoun can I should I
- 4:08use in class what should I use when I
- 4:11call home to speak to your family um
- 4:13some states like in California have
- 4:15mandated that these policies exist and
- 4:17so every District in the state must have
- 4:19these on the books um well in other
- 4:21places um and this is this is again not
- 4:24just like a blue State Red State thing I
- 4:25mean we have seen in Idaho in Texas in
- 4:27Utah their state school boards
- 4:29associations pushing this as model
- 4:32policies to them we've also seen
- 4:33activist groups like glissen creating
- 4:35and pushing model School World policies
- 4:36and lobbying at the local and the state
- 4:38level for these um in February 2022 some
- 4:41of you might remember the oakair school
- 4:43district Did a teacher training program
- 4:44where they had a whole set of documents
- 4:46that we obtained um that said that
- 4:48parents are not entitled to know their
- 4:50child's gender identity that information
- 4:52must be earned as a mother of a
- 4:54nine-year-old 10-year-old I take issue
- 4:55with that that was not cool um and but
- 4:59they said that their priority is
- 5:00supporting the student um it is to take
- 5:02a step back you know as we're talking
- 5:03about safety worth remembering that
- 5:06educators are mandatory reporters if
- 5:08someone in your school system believes
- 5:10that a child is not in a safe
- 5:12environment at home they must report
- 5:14that to Child Protective Services we all
- 5:16know what CPS is right I mean it's like
- 5:19that's it's a hassle no family wants to
- 5:20go through that but through that process
- 5:22you are entitled to a measure of due
- 5:24process you were allowed to present your
- 5:25case you were allowed to see what's
- 5:26against you you have meetings you have
- 5:28interviews this is very different than a
- 5:30math teacher saying you know what I
- 5:32think Luke's Catholic I think he's not
- 5:34going to be supportive of his kid I'm
- 5:35going to withhold this information those
- 5:37are two very very different things um
- 5:40and so you know to for schools to be
- 5:42doing this unilaterally is something
- 5:43that's really really frightening um as I
- 5:45mentioned this this raises a lot of
- 5:47significant parental rights concerns um
- 5:49we sued linmar Community Schools in Iowa
- 5:51in 2022 over their policy the policy
- 5:54that they had in the book said that
- 5:55beginning in seventh grade on um it is
- 5:57it it was a child's decision whether
- 5:59their parents could have access to that
- 6:01information and they went to Great
- 6:03Lengths they put this information into a
- 6:05temporary file so that even if a parent
- 6:07were to pull their kid out of a district
- 6:08and transferred to another school to a
- 6:10private school a parent would never have
- 6:12access to that temporary file because
- 6:13under furpa the federal education rights
- 6:15and privacy act you have access to your
- 6:17child's permanent record but not a
- 6:19temporary record and so they were very
- 6:20much trying to be too cute by half and
- 6:22really like hide this information from
- 6:24families um what I want to tell all of
- 6:27you today is there is a lot of very very
- 6:28clear lead precedent that protects a
- 6:31parent's right to direct the care and
- 6:33upbringing of your children um troil V
- 6:35Granville says that um the interest of
- 6:37parents and the care custody control of
- 6:39their children is perhaps the oldest of
- 6:41the fundamental Liberty interests
- 6:42recognized by the Supreme Court Pierce
- 6:44Fe Society of sisters the child is not
- 6:46the mere creature of the state those who
- 6:48nurture him and direct his Destiny have
- 6:50the right coupled with the high duty to
- 6:52recognize and prepare him for additional
- 6:53obligations and the liberty of parents
- 6:55and Guardians includes the right to
- 6:57direct the upbringing and education of
- 6:58children under their control
- 7:00and also Myer V Nebraska the Liberty
- 7:02protected by the 14th Amendment includes
- 7:03the right of parents to establish a home
- 7:05and bring up children and to control the
- 7:07education of their own I mean like to
- 7:09like like I feel like my job is kind of
- 7:11translating lawyer into English um and I
- 7:14mean let's take a step back you know we
- 7:16as parents like I have to sign a
- 7:17permission slip for my child to have bug
- 7:19spray sunscreen to go on field trips you
- 7:21know this is something that we as
- 7:22parents are used to signing off on
- 7:23everything um yet now we have districts
- 7:26that are really taking um you know
- 7:28they're intervene these these social
- 7:29interventions these medical
- 7:31interventions in some cases I mean
- 7:32school-based Health Centers referring
- 7:34kids to clinics and therapists without
- 7:35parental parental knowledge these are
- 7:38really major interventions that schools
- 7:39are doing without families knowing and
- 7:41so you know taking a step back what does
- 7:44this mean for school systems you know
- 7:45you're all in positions of governance
- 7:47trust I mean we have seen over the past
- 7:49four or five years consumers families
- 7:52trust in the public school system has
- 7:54crumbled and if we ever want to get back
- 7:56to a place where there is a constructive
- 7:58relationship this lying this hiding
- 8:01Secrets has to end and so that to me is
- 8:03I think that's kind of an overview of
- 8:05like what's going on and why this
- 8:06matters so much yeah thanks Nikki that's
- 8:08a really great great overview of the
- 8:09issue uh Tammy let's let's kick it over
- 8:11to you so you uh had an experience with
- 8:14one of these policies can you just sort
- 8:16of tell us what happened to you and your
- 8:18daughter okay so in late 2020 uh my
- 8:21daughter was experiencing some pretty
- 8:23severe depression and anxiety she had
- 8:25come to me at the beginning of her sixth
- 8:27grade year and asked if we if uh if I
- 8:29could find somebody for her to speak
- 8:31with um I had some difficulty finding
- 8:33somebody it was during covid the places
- 8:35that I reached out to they weren't
- 8:36accepting clients there was too big of a
- 8:38need and not enough
- 8:40providers um she was in the cutle Marine
- 8:42School District I reached out to the
- 8:44counselor at that district and I
- 8:46explained to them what was going on that
- 8:47my daughter was having some struggles I
- 8:49asked if there was a co-op program or
- 8:51anybody that they could refer me to um
- 8:54they said they would go ahead and start
- 8:55to work on that and they did they did go
- 8:57ahead and work on that there was a bit
- 8:59of a delay delay uh just because of the
- 9:01need uh during that delay my daughter
- 9:03did start to spiral uh mentally further
- 9:06into um depression and anxiety turned
- 9:09into thoughts of self harm and suicide
- 9:12and believing that she maybe was not a
- 9:14girl uh she had confided in a friend at
- 9:17school telling the friend that she felt
- 9:19maybe she wasn't a girl that friend then
- 9:22went to uh teachers
- 9:24Aid at school and informed the teachers
- 9:27Aid how my daughter was feeling and
- 9:29staff member came up to her after school
- 9:31and said you know I heard that you
- 9:33weren't really feeling comfortable uh
- 9:35you didn't feel like you were a girl you
- 9:37could go to the office and fill out some
- 9:38paperwork and you could change your name
- 9:40and gender at school we could just go
- 9:42there and take care of it today um my
- 9:44daughter said you know I really can't do
- 9:46that my mother would not be okay with
- 9:49that um at that point the staff member
- 9:51said well then I encourage you to go
- 9:52home and talk to your mom about it she
- 9:54did come home to me that day and express
- 9:56to me how um poor she was feeling and
- 9:59she requested to go to inpatient care um
- 10:02I immediately said I would absolutely do
- 10:05that for you I reached out to a local
- 10:07facility um I was very transparent with
- 10:09them as well letting them know what was
- 10:10going on with my daughter how she was
- 10:12feeling um they said they would accept
- 10:14her I then reached out to the school
- 10:17district and signed all the release
- 10:19forms so that cudle Marine school
- 10:21district and I we could all work
- 10:23together for when my daughter returned
- 10:24to school we were all on the same page
- 10:26on how to best assist her um the moment
- 10:28I walked into to the facility they
- 10:30affirmed my daughter they never referred
- 10:32to my daughter as her birth name or her
- 10:33birth gender she was affirmed
- 10:35immediately um she was in the program
- 10:38for about 8 Days upon release she did
- 10:40reach out to that school district and
- 10:42asked them when she returned to school
- 10:44if she could use her preferred name and
- 10:46pronouns the counselor reached out to me
- 10:49I said you know at this point I this is
- 10:51new to me I really don't know how to
- 10:53navigate this at this point I will say
- 10:55yes I will go ahead and say yes I don't
- 10:56want my daughter to feel unsupportive uh
- 10:58she's is going to be out of school for
- 11:00the next 3 weeks for outpatient care and
- 11:02I will take my time and research this
- 11:04topic and I will touch base with you
- 11:06before she returns to school to let you
- 11:08know our final
- 11:09decision um in that time I did my
- 11:12research I will be completely Frank with
- 11:14you I was devastated at the things that
- 11:17were happening across the country to
- 11:18young children making decisions that
- 11:21they are not capable making um
- 11:25the deceit that was going on between the
- 11:28parents and the school dist District the
- 11:29secrets that we're keeping um so my
- 11:32husband and I made the decision that we
- 11:33were not going to affirm our daughter
- 11:35there's a long-standing practice of Wai
- 11:37and C that was clearly established along
- 11:39before the affirmative care model and
- 11:41that was what we wanted to practice I
- 11:43reached out to the school district and
- 11:45made them aware of that the principal
- 11:47informed me that there were some staff
- 11:48members that wanted to support my
- 11:49daughter and I said well I appreciate
- 11:51that they would like to support my
- 11:53daughter my expectation is that they
- 11:54follow my lead I'm going to make the
- 11:56medical decisions for my child and she
- 11:59will will go back to school with her
- 12:00birth name and her birth gender until
- 12:02there is a actual professional that can
- 12:04assess what's really going on with her
- 12:06I'm not making any rash
- 12:08decisions at that point they asked if
- 12:10they could call me back and the
- 12:11principal went back to Administration
- 12:13the next day I received a call and they
- 12:15informed me that um schools are an
- 12:18advocate of the child and not of the
- 12:20parent and should my daughter return
- 12:22back to the clearine school district she
- 12:24would do so using whatever name and
- 12:26pronouns she preferred because they had
- 12:29a policy that allowed nicknames I very
- 12:32frankly told the principal on that call
- 12:34that you do not get to decide the
- 12:36perception of what's going on in my
- 12:37daughter's mind we are both well aware
- 12:39that she is not making up a nickname I
- 12:42am not going to let her return to school
- 12:44using her preferred name and gender I do
- 12:46not think that's the best thing for her
- 12:48medically um we had to agree to disagree
- 12:51I immediately pulled my daughter out of
- 12:53the school district um and I did go
- 12:56ahead and seek legal action I tried to
- 12:58find somebody that would assist me cuz
- 13:00there was no way that I was going to let
- 13:01any other parent in this District or
- 13:03child deal with what I did within that
- 13:06District um I was lucky and fortunate
- 13:09enough to find will um I spoke to Luke
- 13:12Luke agreed to take the case and then
- 13:13October of 2023 we did win that case
- 13:16that it was in in our favor that the
- 13:19school district did violate my parental
- 13:21rights by choosing to socially
- 13:23transition my daughter against my wishes
- 13:26um and the kettle Marine School District
- 13:28that I know of is the only one in the
- 13:29state that now is legally required to
- 13:32defer the decisions to the parents and
- 13:34they cannot make those decisions against
- 13:36the parents
- 13:45wishes thanks Tammy for sharing that
- 13:47story so tell us just a little bit about
- 13:49where your daughter is doing now and and
- 13:51sort of what happened after you pulled
- 13:52her out of out of out of school was she
- 13:54angry at you sort of what what happened
- 13:56after you pulled her U well after I
- 13:59pulled my daughter off out of school she
- 14:01she hated me I will be frank she was
- 14:03told by the medical professionals at the
- 14:07care facility that I was going to be her
- 14:08biggest adversary and I would never
- 14:10accept her for who she was um the school
- 14:14district they did not encourage my
- 14:16daughter only one staff member
- 14:18encouraged my daughter in this I will
- 14:19state that clearly because I do not want
- 14:21to um throw any shade on the kettle
- 14:24Marine School District every staff
- 14:26member that I dealt with was very polite
- 14:28and professional with me I could tell
- 14:29that they were not comfortable making
- 14:31the decision that they had to make um
- 14:33but she is doing absolutely fine she has
- 14:36desisted about 3 weeks after removing
- 14:39from I did remove her from social media
- 14:42I took out outside influences I really
- 14:45really just tightened her Circle when
- 14:48she was going through her struggles
- 14:50about 3 weeks later she came to me and
- 14:52did share with me that affirmative care
- 14:54really messed her up because all the
- 14:56professionals that were assisting her
- 14:58were telling her that me trying to slow
- 15:02the process down and just for her to
- 15:03take a deep breath before making any
- 15:05serious decisions I was her enemy um but
- 15:09she is happy and healthy now she has
- 15:12desisted she's completely comfortable
- 15:13with her body she is very happy that I
- 15:17decided to just take a pause and like
- 15:19let's not rush into anything um and she
- 15:22does occasionally speak to me or speak
- 15:25with me on these issues in public forums
- 15:28for people you know to be aware that you
- 15:31don't need to affirm your child
- 15:33immediately right away it's okay to have
- 15:34your child take a moment and just think
- 15:37about the decisions that they're making
- 15:39uh children are not taught every day for
- 15:42whatever reason in our society that you
- 15:43know growing up is hard you're going to
- 15:45feel uncomfortable in your body you're
- 15:46going to hate yourself some days that's
- 15:48never going to go away even in adulthood
- 15:50and you just need to learn how to
- 15:52process those feelings and work through
- 15:53it you can't run away from those bad
- 15:55feelings um but she's doing phenomenally
- 15:59Where do you um where do you think she
- 16:01would be if you hadn't slowed the
- 16:02process
- 16:03down I honestly do not think my daughter
- 16:06would be with me today if I hadn't
- 16:07slowed the process down she had made a
- 16:11promise to herself that if transitioning
- 16:14did not help with her mental health that
- 16:16she was going to end her
- 16:19life thanks for sharing
- 16:22that um Dr Anderson you're a practicing
- 16:26mental health professional who's worked
- 16:27in this area for a super long time so so
- 16:29can you just give us your take on this
- 16:30issue and these
- 16:32policies sure first of all thank you
- 16:36thank you for sharing your story it was
- 16:38a pleasure to behind the scenes work
- 16:40with you yeah um uh so I want to say a
- 16:45couple preliminary things if I could
- 16:46just to lead into that so I'm a
- 16:48psychologist for 46 years um clinical
- 16:52psychologist and I've worked with many
- 16:54many kids and families over a long
- 16:56career done a lot of different things
- 16:58I'm also a
- 17:00parent and
- 17:03um so I come at this from that
- 17:06perspective and although I wouldn't
- 17:09necessarily likely agree with all of you
- 17:12in the room about every subject matter I
- 17:14do agree with you that parents are in
- 17:17the best position to judge what's
- 17:18necessary for their children and and our
- 17:22lawyers in the room can argue I think
- 17:24effectively that it's their legal right
- 17:27to assert um with schools so it's been a
- 17:31it's been a privilege for me to come to
- 17:32this Luke was actually the first
- 17:34attorney who approached me about this
- 17:36subject matter although I've
- 17:38subsequently gotten involved in other uh
- 17:41issues and other matters um and I've
- 17:44been hearing I had been hearing from
- 17:45parents for some time at that point uh
- 17:48in my work that they were concerned
- 17:50about the ideological capture um not
- 17:53only of some teachers but also some
- 17:56clinicians and I had been speaking out
- 17:59about my concerns about this really as
- 18:01long ago as 6 years ago in the
- 18:03Washington Post and a big splash
- 18:06Atlantic article where I characterized
- 18:09myself as the naysayer at my University
- 18:11Affiliated gender Clinic someone who was
- 18:13calling into question the prevailing
- 18:15logic that you know kids know who they
- 18:17are and you should just let them be who
- 18:19they are um that wasn't my experience as
- 18:22a psychologist uh it was my experience
- 18:25that there were many kids who were
- 18:27questioning their gender and even
- 18:29troubled by it and what they needed was
- 18:31our help to figure it out so that's what
- 18:33I've been doing all these years um in
- 18:36truth Luke had already cobbled together
- 18:39um the basis of my subsequent affidavit
- 18:43thank you Luke for that and uh when we
- 18:47spoke uh I realized I did have a lot to
- 18:49say about this matter and was happy to
- 18:51sign on as as an expert witness um and
- 18:55as everyone in the room
- 18:57knows we
- 18:59one if you read the judge's
- 19:03ruling three or four pages of his ruling
- 19:06are quoting me so maybe I was persuasive
- 19:10and I would say to you all of you who
- 19:12are devoted to parent rights it's not
- 19:15just the legal matters but it's the it's
- 19:18the psychological factors that are also
- 19:20at play here and really really important
- 19:24and I believe that the judges will be
- 19:27swayed by the legal argument combined
- 19:30with the scientific evidence about what
- 19:32we know about such kids and what to how
- 19:35to effectively help them uh concurrent
- 19:38with the matter as it was preceding here
- 19:40in Wisconsin I was signed on as an
- 19:42expert witness on a uh a legal matter in
- 19:46um School District in
- 19:49California uh which we also won again
- 19:53the judge citing uh citing for three or
- 19:56four pages my expert witness affidavit
- 19:59as a justification for why it makes no
- 20:02sense in fact it's harmful to have these
- 20:05secrecy policies in school districts and
- 20:08to keep important information about the
- 20:10health and well-being of
- 20:12children from their own
- 20:14parents the very premise upon which
- 20:17which such policies are built namely
- 20:20that such policies are good for kids is
- 20:23demonstrably false no professional
- 20:27Society no professional Society of which
- 20:30I am aware has endorsed parent secrecy
- 20:34policies activists have ideologically
- 20:38driven people have with the expectation
- 20:41that they're going to save a couple of
- 20:43kids from Abus of parents and as Nicole
- 20:46points out everywhere in the United
- 20:48States we have uh mandatory reporting
- 20:52laws so that educators are
- 20:55required to involve authorities when
- 20:57there is any susp ipon as an educator
- 21:00you don't have to prove as a
- 21:01psychologist I don't have to prove abuse
- 21:04I just have to be worried about it
- 21:05seriously worried about it and then the
- 21:07authorities get involved in do an
- 21:09investigation which is horrible maybe
- 21:12but also it reveals our bias as a
- 21:15society the safeguarding of
- 21:21children in the United Kingdom last week
- 21:25a major report was released which is
- 21:27having International repercussions
- 21:29so-called cast Commission report and if
- 21:31you know anything about it you should
- 21:33read it there is a whole section on
- 21:35social transition in there the cast
- 21:37commission conducted about 11 systematic
- 21:41evidence reviews they they reviewed
- 21:44policies in 15 other countries they
- 21:46reviewed all clinical guidelines having
- 21:48to do with transgender care and they
- 21:50came to the conclusion that social
- 21:52transition of children is not justified
- 21:55by evidence scientific evidence and that
- 21:58it should be done only very cautiously
- 22:01and only only only with parents never
- 22:06without parents so I'm very gratified to
- 22:10see that full report which is a major
- 22:13major thing uh I had a lot of
- 22:16interaction with Hillary Cass Dr Cass in
- 22:19the last couple of years and found that
- 22:21our viewpoints aligned quite quite well
- 22:24so you know I'm going to I'm going to do
- 22:27an uncharacteristic Midwest W thing and
- 22:29I'm going to
- 22:30brag I feel Vindicated because I've been
- 22:34saying this for
- 22:35years I've been writing it for years and
- 22:39I've taken a lot of grief for it I've
- 22:42been vilified by some professional
- 22:44organizations certainly by a lot of
- 22:46ideologically captured captured
- 22:48activists so I'm happy to um put up my
- 22:51credentials against theirs and uh if you
- 22:55do so I think you'll agree I'm qualified
- 22:58to have the opinions that I do and I
- 23:01argue them using the best uh evidence
- 23:04available it's my pleasure to be here to
- 23:07help you um Safeguard
- 23:19children Dr Anderson quick followup for
- 23:22you something that um parents are often
- 23:25told and I think even Tammy was told
- 23:26maybe by the the medical professional
- 23:28is this sort of threat of suicide uh
- 23:31it's worded in terms of would you rather
- 23:34have a a live son or a dead daughter uh
- 23:37do you have a reaction to that or can
- 23:39you respond to that I've always taken
- 23:40strenuous exception to that I think it's
- 23:42it's at best misguided paring of a
- 23:46mantra and it's not supported by the
- 23:48evidence one of the 11 systematic
- 23:50evidence reviews that cast commission
- 23:52did was this very subject of self harm
- 23:54and suicide there was a important study
- 23:57coming out of Finland I know the Doctor
- 23:59Who did it she's in charge of gender
- 24:01medicine for the country of Finland
- 24:03that's a very Progressive Country and
- 24:05this study demonstrated because they
- 24:07studied they studied all the kids who
- 24:10had gone through the gender clinics over
- 24:1315 years in Finland they have the
- 24:16ability to do that because they have a
- 24:17National Health Plan and a national
- 24:19system of collecting data the the raid
- 24:22of suicide of the kids who went through
- 24:24gender
- 24:26clinics did not go down
- 24:29regrettably it resembled the rate of
- 24:32suicide of other uh adolescents who had
- 24:35serious psychological issues so we have
- 24:39a clear indication and there's some
- 24:41other research that supports that uh
- 24:43conclusion we have a clear indication
- 24:45that this is a misstatement or maybe
- 24:49blackmail to try to persuade parents to
- 24:52do what the person who's using that lie
- 24:54to wants them to do and I I think there
- 24:58are going to be there are already some
- 25:01lawsuits but there going to be more
- 25:02lawsuits uh aimed at people who uh
- 25:05repeat such lies there are number of
- 25:07mantras and lies like that but that's
- 25:09the most inflammatory
- 25:11one yeah you mentioned litigation Nikki
- 25:14um there's been some lawsuits over the
- 25:16policy we these policies we've talked
- 25:18about a few of them can you just kind of
- 25:19give us an overview of the of the state
- 25:21of the litigation over these policies
- 25:23yeah it's interesting because it's
- 25:24pretty mixed quite honestly even though
- 25:27as I said I I believe and my my lawyers
- 25:28believe that there is a very clear legal
- 25:30right parental right um liberty interest
- 25:32in this um there are kind of four
- 25:34buckets of litigation that are going
- 25:35right now the first is parent versus
- 25:37District on notifications so these have
- 25:39been largely families where their child
- 25:41has been transitioned behind their back
- 25:43the parent has found out Su the district
- 25:45um there's one in Florida um January
- 25:47Little John who some of you might know
- 25:48um she sued her District in Leon County
- 25:50um that was dismissed in the district
- 25:51court and it's currently pending appeal
- 25:53in the 11th circuit um there's also one
- 25:55in Massachusetts um foot V lllo um dmas
- 25:59ruled actually in favor of the school
- 26:00and found that the district's policy of
- 26:02Parental exclusion was flawed and
- 26:04disconcerting and that students and
- 26:06parents would almost certainly be better
- 26:07served by a different approach but that
- 26:09its actions didn't violate the
- 26:10constitution this has been appealed to
- 26:12the first circuit um those of you who
- 26:13know anything about the federal C the
- 26:15federal courts um obviously the courts
- 26:17in Massachusetts are a little bit more
- 26:19liberal than they are in Florida and so
- 26:20I think we're likely probably honestly
- 26:22to see very different decisions in that
- 26:24and um when that happens it's what's
- 26:26called a circuit split this is something
- 26:27that prank will end up having to be
- 26:29resolved by the Supreme Court but I
- 26:30don't think anytime soon and so we're
- 26:32just kind of watching all these sort of
- 26:33burble up um there's also one recently
- 26:35that was um in in uh Maryland John and
- 26:38Jane parent versus Montgomery County
- 26:40Board of Education This was um dismissed
- 26:43um but on standing grounds they said the
- 26:45parents didn't have the right to
- 26:46challenge the policy because their kids
- 26:47weren't affected and so that was kind of
- 26:49more of like a procedural thing um
- 26:51another kind of bucket is Teachers suing
- 26:53districts that are forcing them to hide
- 26:55these secrets this is this came up most
- 26:57recently in California um California
- 26:59being a state where all districts must
- 27:01hide the parent the gender identity um
- 27:03so two teachers represented by the
- 27:04Thomas Moore Law Society um sued their
- 27:06District in the state of California
- 27:07saying we don't really want to keep
- 27:09secrets from the families um those
- 27:11parents actually or the those teachers
- 27:13actually won they got a prelimary
- 27:14injunction um I think the state is
- 27:16planning on like they're going to appeal
- 27:17that so that's still kind of working its
- 27:18way through the system um there have
- 27:21also been a couple instances where
- 27:23districts have put in place parental
- 27:25notification policies some in California
- 27:27some in New Jersey again kind of like
- 27:29thumbing their their nose at state law
- 27:32um in California Chino Valley um put one
- 27:34of those policies in place and then they
- 27:35were sued by the Attorney General same
- 27:37thing happened in um Maryland no in in
- 27:39uh New Jersey where four districts put
- 27:41in place parental notification policy
- 27:43saying no it is our policy as districts
- 27:45that we will tell parents if a child is
- 27:47going to do this um and that AG also has
- 27:49gone after them and so those are kind of
- 27:50working their way through the courts um
- 27:52and then sort of the backdrop for all of
- 27:54this is something where um that is um
- 27:56this happened in Virginia
- 27:58but it happened it started in 2017 2018
- 28:01Gavin Graham versus gluster um and this
- 28:04is something where a a student felt that
- 28:06um a student was not able to use the
- 28:08bathrooms the locker room of um the
- 28:11students's preferred gender identity um
- 28:13was denied that accommodation and it
- 28:15kind of bounced up and down over the
- 28:16courts for like years and years the kid
- 28:18graduated um but um eventually the um
- 28:22fourth circuit decided that um Title 9
- 28:25and 14th am mon violations took place
- 28:26because the student faced emotional harm
- 28:29from using the restroom assigned to the
- 28:31students's biological sex and the
- 28:32Supreme Court declined to take that up
- 28:34that was in 2020 and so that's kind of
- 28:36the backdrop against which all of you
- 28:38are operating which is to say if we were
- 28:40a Facebook status it's complicated um
- 28:43and so that makes things very very messy
- 28:45because there's a lot of like just
- 28:47crossing legal precedent none of which
- 28:48is really even like some of which kind
- 28:50of touches on here and so that's not
- 28:52very good or very easy and
- 28:53straightforward for you so
- 28:55sorry it's complicated consult a
- 28:58is the is the is the bottom line um Dr
- 29:01Anderson back to you uh you touched on
- 29:03this a little bit before but there's
- 29:05been quite a lot of change happening
- 29:06recently in Europe can you just sort of
- 29:08talk about uh globally how the Mental
- 29:11Health Community is thinking about this
- 29:13issue and where does the United States
- 29:15sort of fall on the spectrum of that so
- 29:18Europe is getting it right uh they've
- 29:20done systematic evidence reviews and
- 29:22their best scientists have studied these
- 29:24issues including the recent um cast
- 29:27Commission and they've all concurred
- 29:30that the evidence systematic evidence uh
- 29:33as reviewed is insufficient to
- 29:35justify medicalization of Miners and um
- 29:40and and also that they're going to be
- 29:42very cautious extremely cautious in
- 29:45offering uh interventions that are that
- 29:48cause irreversible changes life uh life
- 29:52changes um I I've been traveling to
- 29:55Europe um actually for the last 10 years
- 29:57and and in the last couple years I've
- 29:59been there a number of times meeting
- 30:01with some of the people who are my
- 30:03counterparts in Europe and we we all
- 30:05agree so I say sometimes I'm more
- 30:08comfortable in Europe than I am in the
- 30:09United States and in professional
- 30:11circles because they're really looking
- 30:14at the evidence they're they're trying
- 30:16to understand the need um we're all
- 30:19seeing the same thing which is a huge
- 30:21increase in the numbers of kids who are
- 30:24asserting a sexual or gender minority
- 30:26label all the big surveys in the US have
- 30:28shown this Gallop Harris CDC Williams
- 30:31Institute uh and so on and um and we're
- 30:36being asked what to do about it um one
- 30:40mistake that a lot of people are making
- 30:42is assuming that all of these kids are
- 30:44transgender
- 30:45kids no they're not they're a
- 30:48heterogeneous group that are gender
- 30:50questioning or asserting something and
- 30:52getting to the bottom of what's going on
- 30:54with individual children is all
- 30:55important so I've been a huge advocate
- 30:58surprise surprise as a psychologist of
- 31:00evaluating every child and trying to
- 31:02determine what's best for them and
- 31:04that's a big a big recommendation of the
- 31:07of the cast commission is individualized
- 31:10evaluation before any intervention
- 31:12including social transition by the way
- 31:15that I've been fighting people in the US
- 31:17about this you know some people say well
- 31:19it's not a medical intervention so why
- 31:21should a kid or family seek professional
- 31:25guidance such as you uh for making a
- 31:28decision like that can't they just make
- 31:30their best decision well they can um but
- 31:33now with experts having looked at it we
- 31:36think it's probably a good idea usually
- 31:38it's a sign that something's going on
- 31:40with your child the vast majority of
- 31:42such children have other things going on
- 31:44with them uh depression anxiety and so
- 31:46on and we should know about that and we
- 31:49don't just default to treating gender as
- 31:52a siloed problem we need to think
- 31:54holistically about about the children so
- 31:57there's a huge differ difference uh same
- 31:59difference um is exists between Canada
- 32:03and Europe Canada is sort of fighting
- 32:05through the nail to um in some circles
- 32:08to keep the the very uh Advocate
- 32:12oriented approach to gender with kids
- 32:14with youth and I'm a occasional
- 32:17consultant there as well with a couple
- 32:19of provinces who are trying to introduce
- 32:21more reasonable uh approaches to these
- 32:24issues um one of the one of the
- 32:26arguments that we here and that school
- 32:29board members will hear if they you know
- 32:31try to develop a policy on this topic is
- 32:34you know this is just a nickname what's
- 32:35the big deal uh you know why shouldn't
- 32:37we just respect a nickname just like we
- 32:39do other nicknames so Tammy maybe you
- 32:42could take that first and then back to
- 32:43you Dr Anderson how would you respond to
- 32:45that uh given your what happened with
- 32:47your daughter was it was it a big deal
- 32:48for your daughter or was it no big deal
- 32:50for her it was a huge deal for my
- 32:53daughter um from my experience with my
- 32:56daughter she wanted to be anybody else
- 32:58but herself she really really was at a
- 33:02place where she hated herself uh you
- 33:04have to understand it was here in Co she
- 33:06was very isolated she didn't have a lot
- 33:08of people in her Corner as most children
- 33:10didn't at that point to like encourage
- 33:12them and lift them up they were isolated
- 33:14at home um she was not just picking up a
- 33:18quick name and going on with her life
- 33:21she was creating a whole new person she
- 33:23wanted a different name she wanted a
- 33:25different Jer she wanted to be present
- 33:28herself differently it was creating an
- 33:30entirely new identity it's not just a
- 33:33nickname that is not the way that these
- 33:35children look at it your District could
- 33:37tell you that that's the policy that
- 33:38they use to let your child um transition
- 33:42at school push back against that you
- 33:44have every right to do that you have
- 33:45parental authority to do that it is not
- 33:47a school district's place to decide any
- 33:50sort of medical care for your child that
- 33:52is strictly false to the parent frankly
- 33:54because at the end of the day it's your
- 33:55responsibility to deal with any of those
- 33:57regs s those regrets should not be put
- 33:59on staff or administrators within a
- 34:01school district and the way the policies
- 34:03are written right now those are being
- 34:06put on staff and School District members
- 34:08and from my experience a large portion
- 34:11of Staff members and administration are
- 34:13not comfortable following the policies
- 34:15that are being handed
- 34:18down um how about you Dr Anderson from a
- 34:21clinical perspective how would you
- 34:22respond to that argument I think uh
- 34:24reasonable people can disagree but
- 34:27probably few of us would say that the
- 34:29average teacher in public school is a is
- 34:31qualified to diagnose gender
- 34:34dysphoria and uh if they're not then
- 34:37what business would they have affirming
- 34:39an identity completely different than
- 34:40the the one that everyone else knows the
- 34:43child by so so I've been making the case
- 34:45that school is not the proper place for
- 34:48that kind of evaluation and really
- 34:50should be done by a the appropriate
- 34:52professional uh my colleagues in Europe
- 34:54totally agree that's why I'm kind of in
- 34:57spirit a a European um teachers have so
- 35:00much to do these days I mean after all
- 35:02we we just went through this horrible
- 35:04social experiment which is a flop of uh
- 35:08of of uh isolation from school during
- 35:11covid and the kids are behind uh
- 35:14teachers are scrambling to to keep up
- 35:17and we keep loading them on loading them
- 35:19up with tasks to do um which they're not
- 35:23they're not equipped to do frankly as as
- 35:26loving as as most teachers are as very
- 35:29confident as they are and what I've been
- 35:32arguing um I think is that this whole
- 35:35notion of parent secrecy policies uh
- 35:39creates not only a rift in the family
- 35:41but creates a a rift between teachers
- 35:44and parents which we dare not really uh
- 35:48tolerate because historically um the
- 35:51Hallmark of public education has been
- 35:53partnership between parents and and
- 35:55teachers and you don't want to mess with
- 35:58that amen amen um Nikki uh over to you
- 36:02so another argument that we often hear
- 36:05that lawyers will assert is that uh
- 36:07Title 9 requires this so I know there's
- 36:09a new rule coming we'll get to that but
- 36:11how about currently under Title 9 is
- 36:13that true does title N9 require schools
- 36:15to hide things from parents you might be
- 36:18surprised but districts and states and
- 36:20the federal government are trying to
- 36:21have their cake and eat it too so right
- 36:23after um President Biden took office
- 36:25they issued an executive order 13988
- 36:28executive order on preventing and
- 36:30combating discrimination on the basis of
- 36:31gender identity or sexual orientation so
- 36:34it took a Supreme Court decision bosck
- 36:36be Clayton County which said that you
- 36:37can't discriminate against your
- 36:38employees on the basis of sex sexual
- 36:40orientation gender identity um and
- 36:43expanded that to all other spheres
- 36:44including education which is interesting
- 36:46because the Supreme Court actually in
- 36:47their BOS decision went out of its way
- 36:49to say this does not apply to other
- 36:51federal or state laws that um prohibit
- 36:54sex discrimination and so this this is
- 36:56the Biden people kind of picking and
- 36:57choosing chry picking um so this um and
- 37:01they had they had made very clear their
- 37:02plans to unwind Betsy D's title n laws
- 37:05that she put in place in 2020 um so kind
- 37:08of as part of this whole gender
- 37:09discrimination um project that they're
- 37:11working on they rolled out EEOC orders I
- 37:14mean obviously with many of you you know
- 37:15being school board members you also have
- 37:16employees that might be facing some of
- 37:18these issues and so there's kind of the
- 37:20student aspect of it there's the
- 37:21employee aspect of this um and doj um
- 37:24and the education department started to
- 37:25put out fact sheets advising schools on
- 37:27what to do about this you know how to
- 37:29par like sports participation names Etc
- 37:31and so this is this is all happening in
- 37:33June 2021 like right after they take
- 37:35office and so everybody's like okay we
- 37:36we have to do romantic um so this so
- 37:41everybody's like we have to do this all
- 37:42right our school's going to be back in
- 37:43session we we have to do all these
- 37:45things um at the end of the in August
- 37:482021 20 States sued the education
- 37:51department saying that they don't have
- 37:52to do Rec cool with the dark I we'll
- 37:54just keep going I don't know somebody's
- 37:56working on it I think so um so 20 States
- 37:59sue the education department over this
- 38:01saying asking for plenary injunction
- 38:03saying this is nonsense we don't want
- 38:05this um the 20 states does not include
- 38:07Wisconsin sorry guys um but they're
- 38:09saying you know we don't think this is
- 38:10constitutional we think there are real
- 38:12administrative prestig or act problems
- 38:14and the um the district ends up or the
- 38:17the 20 states end up getting an
- 38:18injunction and so what's interesting is
- 38:20like I actually was looking this up last
- 38:21night I was like why has this not been
- 38:22resolved yet um because in 2022 the
- 38:25eastern district of Tennessee grants the
- 38:28injunction and says you know you guys
- 38:29don't have to go ahead with this and it
- 38:31hasn't moved anywhere since and so the
- 38:33it's in the sixth circuit there was an
- 38:35argument um in April 23 where the the
- 38:38federal government is arguing against
- 38:39the state saying no no no you have to do
- 38:41this thing except doj's argument in this
- 38:44is um the interpretation of the of the
- 38:47guidance documents aren't it's it can't
- 38:49be you shouldn't have given the
- 38:51injunction because it's just guidance
- 38:54and the judge in the sixth Circuit Judge
- 38:55Joan Larson is like well if it's just
- 38:57does guidance and it doesn't mean
- 38:58anything then why did you put it out in
- 39:00the first place and so I think this is
- 39:02fascinating right for like the education
- 39:04department to be like wink wink n n do
- 39:06these things or else it's coming down
- 39:08the pike and then to say like hey but
- 39:10you don't have to do it is like again
- 39:11they're trying to have their cake and E
- 39:12to too tldr we are interpreting it as no
- 39:15one in the country if doj came out flat
- 39:19out and said it's non-binding y'all it's
- 39:21nonbinding okay so um they're also I
- 39:24mean separate from those 20 States Texas
- 39:25also has its own thing so with I guess
- 39:27we're going to get into like where Title
- 39:289 stands but as of right now like the
- 39:30rule the final rule has not come out um
- 39:32as of yesterday the education department
- 39:34canceled their last couple meetings with
- 39:37o the office of information Regulatory
- 39:38Affairs um which is like they're which
- 39:41means that they're finalizing the rule
- 39:42they had this rule that came out or they
- 39:44yeah they released the first iteration
- 39:46of it in 2022 the Athletics part in 2023
- 39:48they accepted over 250,000 comments from
- 39:51the members of the public saying dear
- 39:52God don't do this to our children um sex
- 39:55sex does not equal sexual orientation
- 39:56gender identity if you're going to do it
- 39:58do it through an act of Congress you
- 39:59can't update um a a law from 1972 just
- 40:02through like waving your wand pen on a
- 40:03phone you know Obama style um and so
- 40:06that rule has not come out yet um and so
- 40:09with that in mind it will probably come
- 40:11out within the next 45 days um kind of
- 40:13counting back from the from where the um
- 40:16from the election date um May 21st May
- 40:19May 21st is the drop dead date when the
- 40:20rule has to come out and so when that
- 40:23happens there will be a lot of
- 40:25litigation and it's going to at that
- 40:26point be to the Nationwide injunction
- 40:28but even thinking back to 2020 when um
- 40:31Betsy's rule came out that was I mean
- 40:33May 2020 the world was shut down there
- 40:35were no covid vaccines there was not a
- 40:37single human being with a pulse on a
- 40:38school campus in America and every
- 40:41single titel nine officer every single
- 40:43School administrator was like ringing
- 40:44their hands saying there's no way we can
- 40:46comply with this in 10 weeks um there
- 40:48was no one who was being raped there was
- 40:50no one who's being harassed on campuses
- 40:51like what do you mean you knew this was
- 40:53going to happen you sort of you read the
- 40:54proposed rule you sort of knew the
- 40:55direction this was going um and now
- 40:57we're watching organizations like AXA
- 40:59the association of title N9 officers
- 41:02falling over themselves saying hey this
- 41:03is coming here's how you update all your
- 41:04policies and so you can kind of watch
- 41:06where the temperature and where School
- 41:08administrators where they want this to
- 41:10go versus where they are legally obliged
- 41:12to go and so know that you are on solid
- 41:14legal standing if the Department of
- 41:15Justice says this is not enforcable then
- 41:17it is not enforcable so the the new rule
- 41:20uh we we we don't know what's exactly
- 41:22going to say but we've seen the proposed
- 41:23rule does the does the text of the
- 41:25proposed rule say anything being
- 41:27explicit about the parental notice and
- 41:30consent over gender transitions does it
- 41:32address that issue directly in the so
- 41:34you you guys might have seen in the news
- 41:35that they're the Biden people have said
- 41:37they're going to bifurcate this they're
- 41:38going to release the Athletics part
- 41:39after the election which is I think you
- 41:41know again kind of disingenuous because
- 41:43it's impossible to Overlay sexual
- 41:46orientation and gender identity into
- 41:47this Law Without impacting Athletics in
- 41:50whatever way um and so I think you know
- 41:53with that there is um you know I think
- 41:55the parental exclusion is kind of the
- 41:57biggest concern um because schools then
- 41:59can strip the parental prerogative about
- 42:01I don't want my child to be go by that
- 42:02name I don't want my child to stay in
- 42:04that cabin when they go on the overnight
- 42:05field trip where if they start to defer
- 42:07to the children on that over parents um
- 42:10and you know there are major there are
- 42:12significant speech concerns over this as
- 42:14well again with the compelled speech
- 42:15except um element the proposed rule
- 42:18defined actable harassment in a way
- 42:20where it's um there is in place a
- 42:22Supreme Court decision called Davis fan
- 42:23Ry this is from 1999 um that says that
- 42:26um harassment has to be so severe
- 42:28pervasive and objectionably offensive
- 42:31that it interferes with the students's
- 42:32educational um educational experience
- 42:36never in my life would I have thought
- 42:37that one word would be so important but
- 42:39the Biden people and also the Obama
- 42:41people had interpreted they had changed
- 42:42that and to or and so when you go from
- 42:44severe pervasive and objection offensive
- 42:47which is you know kind of a totality of
- 42:49events a really hostile environment to
- 42:51severe pervasive or then suddenly it can
- 42:54be one time Suddenly It's you say one
- 42:56thing and so so humor satire parody I'm
- 42:59religious you know all of those things
- 43:01suddenly a one-off example can be a
- 43:03reason that a student can claim that
- 43:05they've been discriminated on the basis
- 43:06of their gender identity and sexual
- 43:08orientation and boom then the kid is
- 43:10caught um and so that really sweeps in a
- 43:13huge amount of protective speech which
- 43:14is something that's cons that that that
- 43:16that's concerning um the the mandering
- 43:18the pronouns the names the all that um
- 43:20and then again the Athletics saying I
- 43:21just very much keep on your guard
- 43:24because they're going to say that like
- 43:25we're going to punt this till later
- 43:27there is no way that they can actually
- 43:28in real life um and it's going to put
- 43:30frankly you guys are going to be on the
- 43:31front line of this because even in their
- 43:33proposed rule about the Athletics part
- 43:35of it it was like okay well it's kind of
- 43:37age dependent and it's kind of um at
- 43:39like what the sport is and so if it's a
- 43:41bunch of kindergarteners you know doing
- 43:43like playing soccer that's one thing but
- 43:44it's a bunch of high schoolers playing
- 43:46lacrosse that's another thing but you do
- 43:48the wrong thing and really wouldn't that
- 43:49suck to have a tline investigation that
- 43:51would subject you to the death penalty
- 43:52don't do the wrong thing um and right I
- 43:54mean you guys can read between the lines
- 43:56no one is really interested in having
- 43:58this like drawn out multi-year federal
- 44:00process that what would subject you to
- 44:02possibly losing all federal funds and so
- 44:04it's obviously just easier and they know
- 44:06that it's logical for elected officials
- 44:08just to say you know what the easy thing
- 44:09is just to fold to doj and so this is
- 44:11them trying to compel without compelling
- 44:14um and that in my mind is absolute
- 44:16nonsense yeah so the new rule is going
- 44:18to change a lot uh and what you need to
- 44:22sort of know at this point is there's
- 44:23going to be a whole lot of litigation
- 44:25over it uh and so there's a good chance
- 44:27that the rule could get enjoined and so
- 44:29you sort of need to follow that
- 44:30litigation to wait and see um and then
- 44:32the other aspect with respect to this
- 44:34parental notification at least my read
- 44:35of it is it just doesn't address it
- 44:38clearly it does there's nothing in the
- 44:39text that says schools have to hide
- 44:42things from parents there's nothing that
- 44:44addresses the parental notice piece of
- 44:46it
- 44:47undoubtedly uh some people will argue
- 44:49that it requires that but that's going
- 44:51to have to get litigated so and I I
- 44:52think there there are two other policies
- 44:54that the education department was
- 44:55advancing kind of at the same time both
- 44:57of which sort of went under the radar
- 44:58one is the Civil Rights data collection
- 45:00every two years schools have to report
- 45:02data to the federal government on
- 45:04violence things like that um one of the
- 45:06things when they proposed updating crdc
- 45:08in 2021 was to create a new category for
- 45:11student data that was being sent to the
- 45:12Department of updating it from male and
- 45:14female to male female um non-binary and
- 45:17so that would then give them kind of the
- 45:19purview to collect that information
- 45:21going down as the youngest kindergarten
- 45:22if children are non-binary my 5-year-old
- 45:25when my when my kids were five did not
- 45:26think about whether they were binary um
- 45:28so that's you know that's one aspect of
- 45:29it but that was a data collection thing
- 45:31the big kind of Sound and Fury about the
- 45:33Civil Rights data collection stuff they
- 45:34wanted to update was that they also
- 45:35wanted to stop collecting teacher on
- 45:37student sexual assault information which
- 45:39like why would anybody want that data so
- 45:41that that caught a lot of information no
- 45:42one really paid attention to this
- 45:43categorization part the other thing
- 45:45where they were doing meetings on but
- 45:47they didn't actually do a whole proposed
- 45:48rule whether they're going to change it
- 45:49is furpa um but they were looking at
- 45:51changing what privacy rights are because
- 45:53furpa is generally I mean and you guys
- 45:56generally know what furpa is right it's
- 45:57to protect like districts handing out
- 45:58kidss Social Security numbers like like
- 46:01personally identifiable information we
- 46:03have seen some districts interpret furpa
- 46:05as that students have privacy rights
- 46:07from their parents that is something
- 46:09that is really worrisome and that's
- 46:11something else that I am frightened
- 46:13might end up being looped into this
- 46:14regulation as well and so just pay
- 46:16attention to that because minor children
- 46:18should not have privacy rights from
- 46:19their parent and I think you know we
- 46:21have seen people who have speculated
- 46:22this is kind of the UN rights of the
- 46:24child Thing versus the rights of the
- 46:25family so I think there there are large
- 46:27battle is at play here um but like
- 46:29children should not have rights on their
- 46:30parent your parents are there to protect
- 46:31you yeah so that kind of brings my next
- 46:34question one of the last justifications
- 46:37you hear for the policy of hiding this
- 46:38from parents is well you know some
- 46:40parents might not be accepting of their
- 46:42own child's identity and we need to
- 46:44protect those children from their own
- 46:47parents so I was hoping just all of you
- 46:49could react to that because I think
- 46:50that's kind of the the heart of what uh
- 46:53motivates these policies so maybe Tammy
- 46:54you can go first and then Erica second
- 46:56and then uh Nikki
- 46:59last uh I would say I completely
- 47:01disagree with that sentiment the vast
- 47:04majority of the parents that I see in
- 47:06this fight are genuinely loving and
- 47:08caring parents and really just want what
- 47:10is best for their child they just don't
- 47:12want to be excluded from those
- 47:15decision-making conversations nor do
- 47:17they want the mentors that they're
- 47:20allowing in their children's lives or
- 47:22the medical professionals they're
- 47:23allowing in their children's lives to
- 47:25make their child feel empowered to keep
- 47:28that secret from their family it's super
- 47:32important that the basis of a child's
- 47:35life is their parents because who is
- 47:38going to be there for that child after
- 47:40their education ends it most certainly
- 47:42is not going to be any of the board
- 47:43members in this room that's going to be
- 47:45there for my daughter when she turns 17
- 47:47or 18 and graduates from high school it
- 47:49is my responsibility and obligation to
- 47:51ensure that I am raising my child to the
- 47:53best of my ability and the only way that
- 47:55I can do that is if I can work alongside
- 47:58the medical professionals and the
- 47:59Educators that have time with my child
- 48:03so to come from a stance assuming that
- 48:05parents are Bad actors when they have
- 48:08not displayed that to you that really
- 48:10hinders a child's ability to foster a
- 48:13safe and loving environment within the
- 48:15community and their own home if that's
- 48:17what they're being taught by their
- 48:18educational
- 48:25professionals to to piggyback on you uh
- 48:29because we do agree I think
- 48:30substantially so one of the rhetorical
- 48:32questions I've asked in this uh
- 48:34conversation sometimes about these
- 48:36secrecy policies is okay so School
- 48:38District a you have this policy you're
- 48:41going to quote protect these children
- 48:43from their potentially abusive parents
- 48:46where's the
- 48:48offramp where's the offramp what do you
- 48:51do you do this for a while I have over
- 48:55and over and over again unseen Carnage
- 48:58harm to children done by perpetuating
- 49:01this double life where the children are
- 49:04essentially tacitly encouraged to lie to
- 49:07their
- 49:08parents that does not lead to a good
- 49:11place okay and as much as I support uh
- 49:15teachers and schools from helping kids
- 49:18where are these kids in the
- 49:20summer when the school year ends where
- 49:23are these kids when they're 17 18 so I I
- 49:26just think it's impossible to justify
- 49:30longterm and I I argued that I don't
- 49:33think it's it's uh appropriate short
- 49:35term for a lot of reasons I I also like
- 49:39Tammy uh believe that most uh most
- 49:44parents the overwhelming majority of
- 49:47parents only want what's best for their
- 49:50children how can we deprive them of
- 49:52weighing in on what's best for their own
- 49:54children and what gives a school
- 49:57district the
- 50:00um justification for thinking that the
- 50:03Judgment by a teacher who has known this
- 50:07child for a short period of time is to
- 50:10be is to supplant the Judgment of
- 50:12parents who who H biologically and in
- 50:16and uh in law are charged with the
- 50:19health and well-being of their
- 50:22children yeah back to you Nikki how
- 50:24would you respond to that argument from
- 50:25a legal perspective obviously my
- 50:27panelists are correct um no you know I
- 50:31think the vast majority of parents are
- 50:33loving are supportive and certainly
- 50:34there are cases when families are not
- 50:36this is not to discount or say that that
- 50:38doesn't exist but also we don't make
- 50:40policies based on those exceptions um
- 50:43you know the fact is is that you have
- 50:45right now taxpayer funded teachers
- 50:47administrators implying telling teaching
- 50:50kids your parents might not love you if
- 50:52I mean that is like that is so that
- 50:54breaks my heart that my child might come
- 50:56home and think mommy's a Catholic she's
- 50:58not going to love me if I do something
- 51:00you know to put those conditions on
- 51:02because that is at the end of the day
- 51:04fundamentally destroying undermining
- 51:05that parent child relationship as you
- 51:07said I mean who is going to be there for
- 51:09your child when they are 22 crying on
- 51:10the bathroom floor it is sure as heck
- 51:12not going to be a superintendent right I
- 51:14mean and so like where do you come back
- 51:16from how do you rebuild that and I when
- 51:18we talk to parents whose kids have have
- 51:19gone through similar issues it's
- 51:21interesting because when we talk about
- 51:23you know litigation in in most cases the
- 51:25parents you know the reason one of the
- 51:27reasons that we're structured as
- 51:28membership Association and our
- 51:29plaintiffs are Anonymous is their first
- 51:31care and their first thought is and
- 51:33always should be repairing that
- 51:35relationship with their child which is
- 51:37so frayed and so tenuous and you know I
- 51:40would never Force someone into
- 51:41litigation if I thought that it would it
- 51:43would irreparably harm or damage that
- 51:44and yet we have schools doing that with
- 51:47our tax dollars and so it's I think it's
- 51:50unconscionable all right so
- 51:57last question for all of you uh very
- 51:59open-ended we have a room full of uh
- 52:01school board members that is giving you
- 52:03their full attention so is there any
- 52:05kind of final message you want to leave
- 52:06them with uh uh that you want to say
- 52:10about this topic so anybody that wants
- 52:12to can go
- 52:13first you go ahead Nikki I'm like
- 52:15blanking right now um I mean thank you
- 52:17guys for caring about this this is like
- 52:19I just looking at kind of the tips that
- 52:20we have received a parents defending
- 52:21education over the past like three years
- 52:23this has been the majority of it I mean
- 52:25all of last year all of this year this
- 52:27is front of mine because it permeates
- 52:28everything it permeates curriculum it
- 52:30permeates field trips sporting events um
- 52:33yeah I mean watching kids be suspended
- 52:34for having t-shirts saying they're only
- 52:36two genders like this is an issue that
- 52:38is not going away and so it is going to
- 52:41continue to be something that is burning
- 52:42white hot um but no I mean we have done
- 52:45polling across this issue you know like
- 52:47concerns about this span racial line
- 52:49span political lines because parents do
- 52:51love their children and they are really
- 52:53deeply distressed that there are people
- 52:55who are trying to take their children
- 52:57away from them and tell them that
- 52:59they're bad parents um and so you know
- 53:01you are even though it is hard and there
- 53:02will be people who will stand up at your
- 53:03Schoolboard meetings and scream at you
- 53:05know that the vast majority of Americans
- 53:07are on your side in
- 53:10this I would leave you with this you all
- 53:14are in a very powerful position you can
- 53:18decide to make a policy to always defer
- 53:21issues like this to the parents and not
- 53:23cut them out you're not only protecting
- 53:25the children in the families in your
- 53:27community but you're also protecting
- 53:29your staff from having to follow
- 53:31practices that they might not agree with
- 53:33a large portion of teachers and
- 53:36Educators wrapped up in this as well as
- 53:38administrators do not believe in the
- 53:40practice of affirming children but are
- 53:43they going to do that if their benefits
- 53:45are on the line and they're not going to
- 53:47be able to support their family or
- 53:49provide housing for their children they
- 53:51absolutely will and that's nothing
- 53:53against any educator who does that the
- 53:55board is in a particular predicament
- 53:58where they can make that ruling and
- 54:01ensure that not only are community
- 54:03members Protected Their staff members
- 54:06are protected as well you guys can work
- 54:08together if you find a child and a
- 54:10family that supports affirmative care
- 54:12you can make the choice to support that
- 54:15but it should always be deferred to the
- 54:17parents you should not put staff members
- 54:20in a difficult situation where they have
- 54:22to deliver to a family we are going to
- 54:25disregard the medical care you want for
- 54:28your child and we are going to let your
- 54:30very
- 54:31distressed potentially mentally ill
- 54:34child make a very serious decision and
- 54:38cut you out of the loop I would
- 54:41encourage you to put this on your board
- 54:44meetings every month to come to a
- 54:46decision to make that policy to always
- 54:50defer to the
- 54:51parents that that would be my
- 54:55suggestion yeah in a long career as
- 54:57you've heard as a psychologist I've
- 54:59always been intent on driving uh
- 55:03information gathering and discussion
- 55:05towards
- 55:06consensus what do we know about a child
- 55:09what do we know about a child's needs
- 55:11right now and can we all agree what
- 55:14those are um my concern about these
- 55:17policies among others is that it drives
- 55:20Division and it it works against uh
- 55:24finding consensus because because
- 55:27information isn't being shared so if we
- 55:29share all the same information teachers
- 55:32parents clinicians kids even um then we
- 55:37have a basis to talk about okay now what
- 55:39do we do about it but if we're keeping
- 55:41siloed information that's not going to
- 55:44help us to drive towards a common
- 55:47purpose and a common um way to to uh
- 55:52intervene Let's uh thank our panel for
- 55:55being here we got um
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