May 4, 2018

Hearing on Friday May 11th for Statewide Gender Diverse Policy

Dear Powerful Parents,

Please mark your calendars for the Nevada Department of Education (DOE) public hearing on May 11th at 9:00 a.m. This meeting will be held at 9890 S. Maryland Pkwy, Las Vegas, NV 89183.

At this hearing the DOE will likely vote on the proposed state regulation language regarding a "safe and respectful learning environment" that every school in the state of Nevada will be obliged to adopt. This state policy will affect every single child in Nevada charter and public schools.

Senate Bill 225 (SB225) was passed in the last legislative session requiring additional training to staff "regarding pupils with disabilities, autism spectrum disorder, and sex/gender diverse students (encompassing sections 8(b), 9.2(b-c), 10.2, 12.1(a-f)." The proposed regulation language essentially expands the rights of sex/gender diverse students at the expense of privacy and freedom of speech of every student and ignores pupils with autism and disabilities.

Although the state has made minor changes since the last hearing, parents are still extremely concerned because the following points have not been adequately addressed.

  1. Restroom/Locker room access.
  2. Overnight field trips.
  3. Compelled speech by teachers, volunteers, and students.
  4. The DOE ignored the law which specifically directed the DOE to work with parent groups and others to develop the state policy and allowed a Trans-activist group to write the policy.

This proposal caters to one demographic (gender diverse) and is bad policy.

We have provided an analysis of SB225 as it compares to proposed state policy below. Please take a few minutes to review the analysis and come to the meeting on May 11th. We hope you will be able to testify about obvious shortcomings in this policy and how it will affect your family personally, especially if your girls are forced to change next to a biological boy in the locker room, or share a hotel room and possibly a bed with a member of the opposite sex on an overnight field trip.

If you have any questions, or need assistance with your testimony, please message us on Facebook.

Thank you for standing with us in defense of your parental rights. See you on May 11th!

Sincerely,

Power2Parent

The following points highlight the concerns of the parents and stakeholders we represent:

  1. The language of SB225 deals primarily with expanded annual staff training regarding pupils with disabilities, autism spectrum disorder, and sex/gender diverse students (encompassing sections 8(b), 9.2(b-c), 10.2, 12.1(a-f). However, state regulation language expands application to students in areas of "curriculum, classroom activities, physical education, field trips, assemblies, dances, ceremonies and other school activities that are appropriate for pupils with diverse gender identities.."(State Regulation sec. 3.e.1). Students with disabilities and autism spectrum disorder and their needs with respect to the above concerns are omitted. In fact, there is no mention of these pupils in the regulation language with respect to additional training or addressing their needs.
  2. The language of SB225 does not interpret NRS 651.070 (Public Accommodations) as mandating sex/gender diverse students gain access to restrooms, locker rooms, and hotel rooms that do not match their biological reality. However, state regulation language requires "each school governed by the policy fully complies with the requirements of NRS651.070 (sec 3(l)" Transgender activists insist that NRS 651.070 gives them the right to trample on the privacy rights of others by accessing private spaces not in alignment with their biological reality, however there is no legal precedent for this in Nevada. Senator Michael Roberson, an attorney, also testified  to NVDOE on April 6th, that public enjoyment laws require a reasonable accommodation which protects privacy rights for everyone. Furthermore, section 6.3 of SB225 states that "every...restroom...gymnasium..and other areas on the premises must be maintained as a safe and respectful learning environment." A young woman currently attending a CCSD high school reported that she has felt "uncomfortable" changing in front of a biological boy in her locker room. This uncomfortable locker room situation creates a hostile learning environment for her (story here). Section 2(a) of regulation language states that a policy should include "methods to ensure the protection and privacy of each person governed by the policy." The language of the regulation policy is contradictory because private spaces that are not sex-seperted violate the bodily privacy of every student. 
  3. Section 6.6(d) of SB 225 expressly states that "All persons in a school are entitled to maintain their own beliefs and respectfully disagree..." Section 6.7 continues, "the Legislature is not advocating or requiring the acceptance of differing beliefs in a manner that would inhibit the freedom of expression, but is requiring that pupils be free from physical, emotional, or mental abuse while at school..."Unfortunately, state regulation language requires that "each employee, volunteer and pupil, uses the name and pronouns chosen by persons with diverse gender identities and expressions in all verbal and written communications with such persons." Students, volunteers, and school employees under such mandates do not have the right to respectfully disagree and maintain their deeply held views that gender is affirmed at birth and is fixed. This state mandate inhibits freedom of expression, and requires individuals to speak words that are not true. A school cannot maintain a safe and respectful learning environment while violating beliefs of others by coercive speech requirements like this.
  4. SB225 language states that "The Department shall, in consultation with the governing bodies, educational personnel, local associations and organizations of parents whose children are enrolled in schools throughout this State and individual parents and legal guardians whose children are enrolled in schools throughout this State, prescribe by regulation a policy for all school districts and schools to provide a safe and respectful learning environment that is free of bullying and cyber-bullying." (section 9). An open records request has shown that the only group that had a seat at the policy writing table was the trans-activist non-profit Gender Justice Nevada. No other group, to our knowledge, was consulted in the policy writing process. The entire process of writing the state regulation language violates the requirements of SB225.


As parents who have children in districts enrolled in schools in every county and district throughout this state, we object to the process of writing state regulation language which has been hijacked by activists. The state must remain neutral on issues of gender identity when creating policy. Good policy applies equally to every student with "differing beliefs, races, colors, national origins, ancestries, religion, gender identities or expressions, sexual orientations, physical orientations, physical or mental disabilities, sexes or any other distinguishing characteristics or backgrounds." (SB225 sec.6.6a). The state language falls woefully short of this goal.

We request that the state revise the regulation language written by activists and include parent groups like Power2Parent as SB225 directs. The process did not follow the law and the product is inadequate.

 

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