NEWS

Parents appeal Atherton's transgender policy

Antoinette Konz
The Courier-Journal
  • A group of parents and community members have appealed Atherton High School's new transgender policy
  • Atherton's site-based decision-making council will meet at 5 p.m. Tuesday to discuss the appeal
  • The appeal was submitted by attorney Clinton Elliott with Christian-based Alliance Defending Freedom
  • On Wednesday, principal Thomas Aberli said anyone can appeal a decision made by the council

A group of parents and community members have appealed Atherton High School's new policy that allows students to use the restroom and locker room of their sexual identity.

Atherton's site-based decision-making council will meet at 5 p.m. Tuesday to discuss the appeal, which was submitted in writing by Clinton Elliott, a Louisville attorney with the Christian-based legal group Alliance Defending Freedom.

"We submit that the SBDM council decision on June 5, 2014…violates the bounds of their authority relating to the use of space under (state law) and is inconsistent with state and federal law, inconsistent with concerns for safety and inconsistent with concerns for liability," the letter reads. "We therefore hereby appeal that decision, request a hearing and request that the SBDM council reconsider and reverse its decision."

Elliott wrote the letter on behalf of more than a dozen people, some of whom are students and parents at Atherton. They include: Bryan Henry, Christie Henry, Zach Henry, David Kelty, Michelle Kelty, Christina Kelty, Lucinda Nevitt, Garry Nevitt, Kim Roper, Damon Sanders, Brad Nevitt, Kristy Nevitt, Deborak Powell, Joyce Kelty, James Creg, Jamie Creg, Rachel Creg, Danette McClain, Jeremy McClain, Morgan Murphy, Victoria Judd and Jeff Judd.

The council voted 8-1 in favor of the policy at a special meeting on June 5. At the time, principal Thomas Aberli said the council took a stand on the issue that will last for "this administration and all further administrations."

On Wednesday, Aberli said anyone can appeal a decision made by the council.

"The council will take another look at the policy and decide whether or not it will grant the appeal or not," he said. "Right now, this is our current policy. In order to change it, we would have to develop a new policy and have two announced public readings of (a new) policy."

According to district policy, if the matter is not "satisfactorily resolved by the council, the appeal may then be submitted to the superintendent." If it is not resolved by the superintendent, the appealing party may appeal to the Appeals Board, which is composed of two parents appointed by the 15th District PTA, three teachers appointed by the president of the Jefferson County Teachers Association and a school administrator appointed by the president of the Jefferson County Association of School Administrators.

The issue was initially brought to Aberli's attention in April when a freshman student asked for permission to use the school's female bathrooms and locker rooms. The student, who was born male but identifies as a female, had received permission from Aberli to use the girls' facilities, which prompted complaints from some students and "about a dozen phone calls from concerned parents."

Atherton's SBDM council passed a nondiscrimination policy, which bars discrimination based on a range of factors, including age, race or sexual orientation — but goes a step beyond a similar districtwide policy by also including gender identity.

The current JCPS policy allows individual schools to set their own policies on the use of facilities.

The Los Angeles Unified School District Revised Model adapted by Atherton is the first of its kind in the district.