6/18/2024

Although I normally don’t address misinformation and stick to the issues themselves, I am going to divert for a few minutes because once again we have a lot of misconceptions about a receny policy that was adopted in FCSD#1. Additionally, there have been comments made regarding the conduct of the board and it needs to be addressed.

The local school board is not targeting LGBTQ+ individuals.  This policy stems from law, W.S. 21-3-135, a state statute, that will go in to affect July 1^st. As such, requires ALL DISTRICTS throughout the state have to address this law through policy.  Additionally, the local board here did not create this policy. Rather, this is a STATEWIDE model policy provided by the Wyoming School Boards Association.  WSBA, is an non-profit organization whose employees include attorneys that have a solid grasp on educational law.  They serve as support to local school boards and I am going to suggest that probably 80% if not more of the districts in this state, if not more, will vote for this policy as it was presented by WSBA. 

Another misconception shared on a Facebook page called Advocates for Lander Students, May 23^rd stated the following: “Students do have some limited changes to their rights while on school property, but they still have the right to confidential conversation with a counselor or educator who is tasked to keep them safe.”

This statement with no reference to a source is troubling.  It is deceiving and is simply an opinion from an individual and goes against positions from the American School Counselor Association (ASCA) and the National Association of School Psychologists.  The ASCA’s website states the following:  All students have the right to: Privacy that is honored to the greatest extent possible, which at times may be limited by school counselors’ balance of other competing interests (such as best interests of students, the safety of others, and parental rights) and adherence to laws, policies and ethical standards pertaining to confidentiality and disclosure in the school setting.  The ASCA goes on to list the role of the school counselor regarding confidentiality and states in some cases student privileged communication may not be granted because state laws and local guidelines (e.g., school board policies)

As a school psychologist my role in the school setting is to partner with families, teachers, school administrators, and other professionals to create safe, healthy, and supportive learning environments that strengthen connections among home, school, and the community.  The National Association of School Psychologists represents and supports the profession of school psychology.  NASPs professional standards, published in 2020, also discusses the role of parents and confidentiality exceptions as it pertains to student learning.   

These organizations, that practice “best practice” in the mental health arena in education, make it clear that sometimes student privacy is hindered due for a variety of reasons and students are not always entitled to privacy.  

Advocates for Lander Students FB page has mentioned on several occasions that “Students rights are protected by the US constitution”.  No one is denying this fact.  HOWEVER, the distinction is that some believe that the rights of a minor SUPERCEDE those of their parent or legal guardian.   This is false!

Parents have a right to direct their children’s upbringing and education, based on the Due Process Clause of the Fourteenth Amendment.  Several case laws support this. The law’s concept of the family rests on the assumption that parents possess what a child lacks in experience, maturity and capacity for judgment required for making difficult decisions. More important, historically it has recognized that natural “bonds of affection” lead parents to act in the best interests of their children. To put it another way. The liberty of parents to direct the upbringing, education, and care of their children is a fundamental right.

The exception to this is the case Boswell v Boswell that states the State is entitled to step in to protect minor children and to put the children’s rights above the parents’ If the parent’s behavior itself has an adverse effect or actual harm to the well-being of the child.  In these unfortunate situations it is not the decision of the school, but rather the courts, how this is addressed.

Lastly, The board has received a handful of emails that have come in from the direction of Advocates for Lander Students that encouraged the addition of the following in to the policy. “This policy excludes any requirement for school district staff to inform parents of the child’s gender identity or sexual orientation as part of the required ‘changes to mental health status’ as neither are relevant to a mental health concern”.

It seems to undermine a large portion of the statute and ignore (a) iii and iv laid out in the statute which prevents the districts from creating a policy to withhold information.

W.S. 21-3-135 states in “(a) Each school district shall: (iii) not adopt or implement any formal or informal rules, policies, practices or procedures that prohibit school district personnel from notifying a student’s parent or guardian about the student’s educational, physical, mental or emotional health or well-being or a change in the student’s related services as authorized under paragraphs (a)(i) and (ii) of this section; 

(iv) Not adopt or implement any formal or informal rule, policies, practices or procedures that direct or, encourage or have the effect of encouraging a student to withhold from a parent or guardian information about the student’s educational, physical, mental or emotional health or well-being;”

In November of 2023 advocates for Lander students posted an article from the Minnesota Department of Health stating that  42% of LGBTQ + students “seriously considered suicide in the past year.”  The Trevor Project reports that 14% of LGBTQ youth attempted suicide in the past year.  73% experienced symptoms of anxiety and 58% of youth reported experiencing symptoms of depression. 

For the almost 4 years I have been on this board I have heard the plea for protection and supports for a marginalized group that faces mental health concerns for a variety of reasons.  Now the same group of people that have advocated for their mental well-being are now saying that “gender identity” and “sexual orientation” aren’t associated with mental health concerns.   That goes against everything I have heard for almost 4 years on this board. 

If we truly care about our students and are not just pushing political ideology and social justice agendas we would see the importance of including parents, the legal authority over these youth, because not only is it the lawful thing to do, it is the right thing to do!  The FACTS AND DATA clearly state that students who identify as LGBTQ+ have high percentages of depression, anxiety and suicidal thoughts.  I am not suggesting this is causational but there is a correlation to mental health.  It is unethical and impractical to prevent parents from having access to information that may be necessary to provide students with the supports they need. Rather the school employees must follow the LAW and share any information to the student’s guardian or parent and work in collaboration to help determine a course of action to support ANY and ALL of our students. 

In the heartbreaking situation that there is a real concern for a child’s safety from their parents, for whatever reason, then by legal requirement, school staff are mandated to report any suspected abuse.  This must be reported to law enforcement. No where in this policy does it suggest that the school should ignore this legal requirement, again misinformation. We cannot be tempted to take away parental rights under the guise of protecting students.   

Last month, during public comment, we heard a story of school staff supporting a student that came out to her parents in high school.  The outcome that occurred was a positive one no doubt.  It involved a relationship with a school staff member that supported this student and gave her the tools to come out to her family.   I will share another story with a tragic ending!! The story was shared with me by a friend. Her fellow classmate and high school friend took his own life because he was gay and didn’t know how to come out to his parents.  Some school staff knew his situation and rather than reaching out to his parents and helping find a way to support the student together, they chose not to report it.  The depression and fear that gripped this young man caused him to ultimately take his life.  This could have been prevented if his parents were aware and able to help him access supports he needed.  The school knew and the parents did NOT.  His family would give anything to have their son alive but they weren’t given that choice. If we truly care about our student’s well-being we must agree that parents have a fundamental, moral, and constitutional right to have access to any information in regards to educational records regarding their child’s mental, emotional or physical well-being.

Respectfully,

Taylor Jacobs, M.S., BCBA