Law Firms Threaten Legal Action Against Rochester School District
Rochester, MN (KROC-AM News) - Two law firms known for taking court action to advance conservative causes have issued what they term a "warning" to the Rochester School District.
The Minnesota-based Upper Midwest Law Center and the Wisconsin Institute for Law and Liberty contend the new gender identity policy that was recently approved by the Rochester School Board is unconstitutional. A statement released today by the two law firms announces their intent to sue the Rochester Public Schools "if it ever applies the policy to transition a child without parental consent."
“Parents have a constitutional right to guide the upbringing, education, and care of their children. Yet school districts like Rochester are ignoring parents’ concerns and even actively working against them,” said James Dickey, UMLC Senior Counsel. “Alongside WILL, we instruct the district to swiftly change its policy to avoid undermining parents and harming children.”
According to the news release issued by the law firms, they argue the US Constitution recognizes the "inherent right" of parents to "direct the upbringing and education of children under their control." The statement goes on to urge the Rochester School District to rescind the new policy "for the sake of parental rights and the care of their children."
Earlier this month, the Rochester School Board voted 6-1 to adopt the new policy, which Superintendent Kent Pekel indicated formally aligns district policy with federal and state requirements. He previously stated the policy was drafted after the US Department of Education finalized revisions to the federal Title IX rules that outlined expectations for schools concerning transgender/gender-expensive students.
READ MORE: Rochester School Board Formally Adopts Transgender Student Policy
The policy requires Rochester Public Schools staff members, who are aware of a student's gender identity, to disclose the information to the student's parent or guardian if that parent or guardian asks the staff member. According to school district documents, nothing in the policy prevents a school staff member from contacting the parents or guardian about an issue of concern regarding a student's gender identity, but it does not require them to report about a student's gender identity unless parents or guardians request the information.
In response to the threat of a legal challenge to the policy, the Rochester Public Schools issued the following statement:
“Rochester Public Schools worked closely with our legal counsel to develop Procedure 413A, and we are confident that it fully aligns with current state and federal laws, regulations, and guidance. In addition to meeting all legal requirements, we have adopted a common-sense approach to a complex issue that supports our students, parents and guardians, and staff.”
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