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WCSD Sued For Violating Parental Constitutional Rights

The District adopted Regulation 5161 which prohibits school staff from notifying parents of their child’s change in gender identity, sexual orientation, pronouns, and transgender status

By Megan Barth, May 12, 2023 10:52 am

Attorneys Sigal Chattah and Joey Gilbert have filed a lawsuit (see below) against Washoe County School District (WCSD) for violating parental constitutional rights. The District adopted Regulation 5161 which prohibits school staff from notifying parents of their child’s change in gender identity, sexual orientation, pronouns, and transgender status. Part of the complaint includes the District’s implementation of a controversial “Brave Space” program that allows students complete autonomy and isolation from their parents, instructing teachers and staff  on “how to address these gender identity and gender non-conformity matters by bypassing parental notification and referral to third party (off school-site) organizations to seek help with non-conformity issues.”

A “Genderbread” training slide as part of “Brave Space” Training in WCSD (Photo: WCSD)

Without any parental input, the District can (1) require all employees and students to address the child by a new name; (2) require all employees and students to address the child through a new pronoun; (3) have the child’s name changed on numerous government documents, including identification cards, yearbooks, and diplomas; (4) allow the child to use the restrooms, locker rooms, and changing facilities that correspond with the child’s gender identity; (5) allow the child to participate in physical education classes, intramural sports, clubs, and other events that correspond with the child’s gender identity; and (6) allow the child to room with other students who share the child’s gender identity.

The plaintiffs , Jane Doe and J. Doe–a minor attending Depaoli Middle School– contend:

The purpose of this Motion is made because Defendants continue to promote this Regulation, directly interfering with parental rights of custody and control of their children. This Regulation continues to violate the First, fourteenth and Ninth Amendments. Defendants have bypassed Plaintiffs’ due process rights and Plaintiffs are entitled to relief thereon.

This Regulation authorizes schools and children to make fundamentally important decisions concerning their gender identity without any parental involvement and to then hide these decisions from their parents. Per the Policy, Transgender and gender non-conformingstudents have a right to privacy, including keeping private their sexual orientation, gender identity, transgender status, or gender non-conforming presentation at school.

Transgender and gender non-conforming students have the right to discuss and express their gender identity and expression openly and to decide when, with whom, and how much to share their private information.

Citing a century of Supreme Court precedent, the plaintiffs notes that “parents have a constitutional liberty interest in the care, custody, and control of their children, and students do not abandon their First Amendment rights at the schoolhouse gate.”

Following a series of events in school with minor J. Doe at Depaoli Middle School, Jane Doe attended a Zoom Brave Space training program held for faculty and staff in order to investigate the program and “was appalled to see that the Brave Space Training actually includes training teachers to hide students’ “identities” from their own parents.” On Day 3 of the program, training was provided that clearly forbids staff to contact the parents or guardians of students.

Regulation 5191 adopted by WCSD (Photo: Sigal/Chattah lawsuit against WCSD)

The motion reads: “The District will withhold this information even if it is specifically requested by parents. Under the Regulation, the District will not tell parents whether their child is accommodated under the regulation, whether the child has made requests concerning their gender identity, or any other information that would reveal the child’s ‘transgender status.’ Parents are completely and purposely left in the dark as the Regulation plainly violates parents’ rights under the Fourteenth Amendment.”

The plaintiffs claim violations of the 1st amendment in that, “The Policy punishes students for expressing their sincerely held beliefs about biological sex and compels them to affirm the beliefs of administrators and their fellow students. Any individual’s failure to adhere to Reg 5161, submits them to punitive action under Washoe County School Board Policy 92004 entitled “Harassment and Discrimination Prohibited”.”

Attorney Sigal Chattah told The Globe: “Until Nevada’s government officials recognize the magnitude of obliterating parents’ rights to raise their children with their own values, parents will have no other recourse but to rely on the courts to ensure their and their children’s constitutional rights are protected”

Motion for Preliminary Injunction


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2 thoughts on “WCSD Sued For Violating Parental Constitutional Rights

  1. This is the “It takes a village to raise a child”, approach. One that I thought was good and then scared me as a teenage mother of four in the 1990’s. An approach that I did everything to escape from the “Compassionate MAN” ie Government from Seattle, WA, Spokane, WA, Sacramento, CA, San Diego, CA to Los Angeles, CA.

    Darn… I’ve thought to myself in recent days…is wokeness…victimhood pushers, neo-marxist, socialist ideology following me?

    How has something so old, played out from the 1990’s and tired making its way to Nevada?

    Not Vegas Born, although I have grandchildren who are. That is why I write to give perspective on life experience.

    It would be nice if the Vegas Born/Battle Born and all the parties of regular people, not funded by gigantic money … could come together and know that the transplants who are here, as I have been in currently my seventh year. Not a political pundit, didn’t have the right to vote until recently.

    Us transplants are not trying to California- Nevada. We are trying to be preventative of what we overcame from ALL of the west coast.

    As long as the groups from any side, continue to keep “Vegas Born”, while shunning transplants, yet invite big Money activists groups in. Also keep stating: “Battle Born” that they are being used as a way to cause division from many a group of the huge already very diverse community….

    Some people are Battle Born through life experience, not through geographical location. This is our forever home. I have grandchildren born here, I care about our future generations. I have never been a part and have strived against being a slave to systems, including political parties.

    I’m personally saying “What are you doing?” AND I object.

    Nevada, please stop inviting the failed systems, ideology and disinformation/discrimination that is veiled as compassion. It’s annoying because it’s been proven to fail and is plain wrong.

    Elise Carey – Grandmother in Las Vegas, NV.
    I have a phone number and not being anonymous it’s easy to find where I live from any google search and as I have a grasshopper on my phone as I write this. Go ahead and reach out for different points of view.

    Kind Regards from a constituent

  2. Don’t think I want to work for the school dist; that they waste their time and our tax money on such ridiculous and disgusting things as teaching everyone to first worry about their damn pronouns and then spend time and effort trying to brainwash our children and grandchildren into becoming gay, queer, homosexual perverts or into believing the assinine proposition that they can or should ‘transirion’ to the opposite sex or one of numerous other ‘made out of thin air’ genders is the most revolting and disgusting garbage I have ever seen the haters of America, tradition, and common sense I have ever seen! The people behind this disgusting. plan to physically and mentally harm our children and hide it from their parents are also working hand in glove with CPS to forcibly steal your children (with governmental blessing ) should you oppose their plans. These people and all their willing and active foot soldiers must be charged criminally for their vile actions aimed at destroying the traditional family , our precious children and the fabric of our society!

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