Metro Weekly

Anne Arundel Schools Revise Gender Policy After Federal Threat

The district amended its LGBTQ student regulations after federal agencies threatened to withhold funding over parents' access to gender-related records.

Anne Arundel County Public Schools - Photo: AACPS
Anne Arundel County Public Schools – Photo: AACPS

After the federal government threatened to withhold funding, Anne Arundel County Public Schools amended its gender policy. Parents will now be told about any accommodations made to support their children’s gender expression or identity.

The revised policy, adopted shortly before the August 24 start of the school year, follows a lawsuit filed last month by the conservative legal group America First Legal on behalf of two parents identified as John and Jane Doe in the U.S. District Court for the District of Maryland.

The lawsuit alleges that the school district secretly facilitated their daughter’s “gender transition” to male at school without notifying them or obtaining their consent.

According to the lawsuit, Anne Arundel County Public Schools adopted its current gender policy in 2019. The Does allege that it included guidance encouraging staff to “conceal gender identity information from parents of high school students.”

The Does say they want to educate and raise their daughter according to their religious beliefs, which reject the idea that a person can be transgender and hold that sex is binary, based on biological anatomy, and fixed at birth. They allege that multiple district employees used a male name for their daughter at school and in school documents without first obtaining their consent.

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On July 27, less than three weeks after the lawsuit was filed, the U.S. Department of Education’s Student Privacy Policy Office and the U.S. Department of Justice’s Civil Rights Division announced an investigation into Anne Arundel County Public Schools and warned that the district could lose federal funding if it did not amend its gender policy.

The federal agencies alleged that the school district had wrongly classified information about the child’s gender identity as “confidential medical information” that should not be shared with the Does.

“School districts that hide information from parents are violating federal law,” Assistant Attorney General Harmeet Dhillon said in a statement at the time. “FERPA [the Family Educational Rights and Privacy Act] is not optional, and any districts that attempt to bypass or distort its requirements should expect immediate federal action.”

Superintendent Mark Bedell wrote in a letter to the school community that the district had revised the confidentiality section of its “Safe and Inclusive Environments for LGBTQ+ Students” regulation to comply with FERPA. The amended regulation affirms parents’ right to inspect and review their child’s complete education record.

The superintendent also noted that no provision in the regulation may interfere with a parent’s or guardian’s right to review their child’s complete education record, including any files, documents, or other materials containing information about the student.

“As made clear by these amendments, no policy, guideline, or practice may limit or otherwise interfere with parental rights under FERPA, and this includes any information maintained in education records that relates to gender identity, transgender status, sexual orientation, preferred name, or preferred pronouns,” Bedell concluded.

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