The Chapel Hill-Carrboro school board defied state law Thursday by not requiring its schools to notify parents when their students ask to be identified by a different name or pronoun at school.
The district’s new policy also does not prohibit classroom instruction about gender identity, sexuality or sexual activity in grades kindergarten through fourth grade.
The state legislature approved the Parents’ Bill of Rights law in August, overriding Democratic Gov. Roy Cooper’s attempted veto. Critics say the legislation, also referred to as the “Don’t Say Gay” law, is an attack on LGBTQ students and the teachers who support them.
North Carolina school districts had a Jan. 1 deadline to implement the new rules, including a ban on the discussion of sexuality, sexual activity and gender identity in elementary schools. The law also requires parents to be notified if their children seek to use different names and pronouns, and gives parents more control over the course materials available to their children.
The Chapel Hill-Carrboro board voted for the policy for the first time Thursday. The board also asked district administrators to develop written guidance for how educators should handle name and pronoun change requests in a way that protects students and staff.
Board members acknowledged before the vote that failing to implement one of the requirements of the state’s Parents’ Bill of Rights law could bring legal problems. But Board Chair George Griffin said someone needs to “stand up for what’s right.”
“My sense is that we do need to stand up and show people that somebody has the courage to say this is just morally wrong, and we’re not going to do it this way,” Griffin said.
Most community members, students and teachers who wrote to the board about the pending policy and those who spoke Thursday night said the state law discriminates against LGBTQ students and could cause them more harm.
“We are taking care of our kids,” Griffin said in straying from the law. “It’s working and we’re going to keep doing that while we look at other ways to figure this out. If somebody comes after us legally, we can deal with that at the time.”
Board member Barbara Fedders attempted to bridge the issue with language that would let staff withhold a student’s request from parents if there was concern about potential abuse or violence, which is allowed under state law. That was the step that Orange County Schools took in October in passing its revised policies.
The board doesn’t need to spend more time crafting policy language, Board Vice Chair Riza Jenkins said. However, she also warned the board that it has fiscal needs and responsibilities, and a legal challenge could be costly.
“We find ourselves in a circle of we don’t comply with the law, something happens, it gets challenged, and then we then spend limited tax dollars to then be forced to be in compliance while we’re talking about facility needs, teacher pay,” she said.
The board will vote a second time before implementing the revised policies at a future meeting.
What is the Parents’ Bill of Rights law?
The law has the following provisions:
▪ Educators must tell parents if a student changes their name or pronoun at school
▪ It prohibits instruction about gender identity, sexual activity and sexuality in grades K-4
▪ It gives parents a process for reviewing and objecting to textbooks and instructional materials used in their child’s school and access to their child’s school library records
▪ Parents must give permission for their students to participate in “protected information surveys” that ask about issues like sexual behavior, mental health or psychological problems. The legislature made an exception in September, allowing students to take the federally funded Youth Risk Behavior Surveillance System and the National Youth Tobacco Survey without a parent’s permission.
▪ It gives parents a process for filing grievances with their school or district and a timeline for having those grievances addressed, including a process for appealing any decisions to the State Board of Education.
The Chapel Hill-Carrboro school board has continued to speak out against the Parents’ Bill of Rights and first considered draft policy updates in November based on suggestions from the N.C. School Board Association. The board asked its Policy Committee to consider additional changes, including to the parental involvement policy.
Other policies also were revised to meet state requirements, including a process for parents to inspect and object to instructional materials and changes to the district’s comprehensive health education program and student health services, criminal behavior rules, student surveys, and staff responsibilities.
How did other CHCCS policies change?
▪ Staff responsibilities and ethics: The policy requires staff to support parents in participating in their child’s education and to refrain from encouraging or coercing a child to hide information from their parents. It also requires district employees to notify the chief human resources officer in writing if they are arrested, charged or convicted of a criminal offense, other than a minor traffic violation.
▪ Criminal behavior: Updates language related to how police and parents should be notified about crimes involving students or staff.
▪ Student surveys: Gives parents time to review and consent to surveys involving “protected topics,” such as sexuality and gender identity, and also any well-being or health screening questionnaires given to students in grades K-3
▪ Instructional materials: Parents can ask their child’s principal in writing to review textbooks or instructional materials and typically must get a response within 10 business days. Materials requiring more investigation or that violate student rights can be removed from the classroom or efforts can be made to accommodate a student.
Objections that are not based on legal or constitutional rights can be considered on a case-by-case basis, and library books and other materials will only be removed “for legitimate educational reasons and subject to the limitations of the First Amendment.”
What did other school districts do?
Most school districts across the state have revised their policies to comply with the new law, including the Durham Public Schools and Wake County Public School System. Both boards approved policy changes in December that comply with the state law.
The Orange County Schools approved similar policy changes in October. The new parent notification policy complies with the provision about notifying parents about student name changes, but adds that principals can talk with student support staff, such as a school counselor or district director of social services, before notifying parents. That change aligns with state law limiting what records a parent can get if a child faces a potentially dangerous or abusive situation, district officials said.
The Asheville-based Campaign for Southern Equality and other groups filed a federal Title IX complaint against the Buncombe County school system for adopting policies aligned with state law. A federal Title IX complaint against the state’s new law is being considered.
Can a parent appeal a local decision?
Yes, and the N.C. Board of Education recently approved a process for how those grievances will be handled:
▪ Parents can appeal decisions for violations related to violations of DPI policies and changes to a student’s name, pronoun, or the mental, emotional or physical health services provided by the school
▪ Local policies and procedures can also be appealed in most cases if they prevent parents from getting their child’s health and education records; block a parent’s attempt to get information about their child, or support instruction about gender identity, sexuality or sexual activity in grades K-4.
▪ Parents should notify the school’s principal about the violation and give the school 30 days to respond. Appeals can be submitted to the state board in writing. An officer will be assigned to hold the hearing and submit a recommendation to the state board for a vote.
Staff writer T. Keung Hui contributed to this report.
Elaine Hadley is a dedicated journalist covering the ever-evolving landscape of U.S. news. With a keen interest in politics and a commitment to uncovering the truth, she provides insightful commentary and in-depth analysis on domestic issues. When not reporting, Elaine enjoys exploring the diverse cultures and landscapes of the United States.
