A judge has dismissed a complaint from a Newcastle woman who said her child's school violated her constitutional rights and withheld information about the child's gender transition.
Amber Lavigne sued the Great Salt Bay Community School Board last year, alleging that it violated her right to "control and direct" the upbringing of her child when school staff used the child's preferred name and pronouns, and provided chest binders, without first informing her.
In court, Lavigne challenged what she described as an unwritten "withholding policy" from the district consisting of a "regular pattern, custom and practice of withholding information from parents" in situations where the school believes a child may be transgender, and even "encouraging children to conceal information."
But school officials argued that no policy exists in writing, and said the district's guidelines "provide for parental involvement through every step of the School’s support plans for transgender students." The school also noted that its staff conduct policy "prohibits staff from encouraging students to keep secrets."
In a decision released on Friday, U.S. District Judge Jon Levy sided with the district and dismissed Lavigne's complaint.
Levy said Lavigne identified, "at most...one occasion where a school employee 'actively withheld' information from a parent," and said the complaint doesn't demonstrate a widespread custom within the district that would make it liable.
Levy also notes that Lavigne acknowledged that both the principal and superintendent "expressed sympathy...and concern that this information had been withheld and concealed."
"It is understandable that a parent, such as Lavigne, might expect school officials to keep her informed about how her child is navigating matters related to gender identity at school. Her Complaint, however, fails to plead facts which would, if proven, establish municipal liability under Monell and its progeny based on an unwritten custom, ratification by a final policymaker, or failure to train," Levy wrote
Susan Weidner, an attorney representing the school district, said that despite "there having been a lot of misinformation about what occurred in this case, we are pleased that, after the School District’s first opportunity to respond to the Plaintiff’s lawsuit in court, the Court determined that there was no claim here."
A spokesperson from the Goldwater Institute, which represented Lavigne, said, "we are reviewing the decision and determining next steps to best protect Amber's constitutionally protected parental rights."
