School District Declines Approval of Parental Notification Policy

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The Capistrano Unified School District’s governing board last week rejected a controversial parental notification policy that, while meant to alert parents about their child’s well-being, had raised concerns it would also discriminate against transgender students. 

The policy to require schools to notify a student’s parents or guardians when there’s a concern for the pupil’s mental health, or if they’re transgender, failed to pass in a 5-2 decision on Oct. 18, with only Trustees Lisa Davis and Judy Bullockus voting yes. 

Davis, who introduced the proposal, argued that “the issue tonight is whether parents should be excluded from major decisions relating to their children, especially when their children are at a greater risk for suffering from emotional or mental-health related issues.”

She went on to describe the policy as a way to “protect children, their parents and teachers when facing a variety of issues that can negatively impact their health, safety and welfare.”

According to a draft of the policy, school principals, certified staff or counselors would have been required to notify the parents of a student who is, among other things, “exhibiting symptoms of depression, anxiety, a dramatic shift in academic performance, social withdrawal or other significant changes affecting a student’s well-being.” 

While the draft didn’t specifically mention a child identifying as transgender as a reason to alert parents, Davis, in her opening remarks during the meeting, clarified that a student expressing “distress regarding depression or anxiety or gender-identity concerns” should result in a notification to the parents. 

“The teacher carefully listens. The distress is very real,” Davis said, describing a scenario between a teacher and a student. “The teacher wants to help. The child asked the teacher not to share these disclosures with the parents. What should the teacher do?”

An overwhelming majority of the dozens of students—who got to speak first during the public- comments portion of the discussion—spoke against the policy, expressing belief that it would be used to out those who are identifying as transgender. 

Tyler Pearce, a San Clemente High student who represents the student body as a member on the board, called the proposal an “outing policy.” 

“This parental notification policy in its nature is divisive,” said Pearce. “It’s unnecessary, and it’s deep-rooted in both political and personal agendas. We need to stop creating this umbrella of mental illness to refer to specific communities.”

Board Vice President Michael Parham, who voted against the measure, praised the district’s teachers, calling them “phenomenal” when it comes to reaching out to parents about their children. 

“I’m sure many of you have had the same experience with the teachers in Capo. In fact, I haven’t heard any anecdotes where that didn’t happen,” Parham said. “We’ve heard a lot of things, but we haven’t heard negative comments about teachers deliberately not telling you something about your own child.”

The trustees’ discussion on the matter concluded with the 5-2 vote denying the passage of the policy.