A Minnesota Carter school is adopting a far-reaching inclusion policy after facing a lawsuit over its treatment of a kindergarten student who identifies as transgender.
In an effort to end a 16-month legal battle, Nova Classical Academy agreed to a settlement with the child’s parents.
The school will establish a mandatory gender inclusion policy with no “opt-out” clause for families who have “religious or conscience objections” and has agreed “not (to) call parents’ or guardians’ attention to the policy.”
In addition to the policy change, Nova will pay the child’s parents $120,000.
In 2016 David and Hannah Edwards filed a complaint against the school, claiming it “failed to protect their child and other gender non-conforming and transgender students at Nova from persistent gender-based bullying and hostility.”
Additionally, they claimed the school “denied their child the ability to undergo a gender transition at Nova in a safe and timely way.”
Advocacy group, Gender Justice, represented the family’s case–filing a two-count, civil discrimination lawsuit which demanded policy and training changes.
Nova initially denied the allegations, according to The Daily Signal but Gender Justice announced Monday that both parties had reached an agreement through mediation.
The Daily Signal covered fallout from the case last year, quoting parents who objected to the proposed gender inclusion policies and worried about the issue of gender identity being introduced to their five and six year olds.
“Our daughter—because she is a normal kindergartner who was raised in a family where we had some social norms regarding biological gender and sex—now she’s asking questions like, ‘How does a boy become a girl when they’re born with a penis?’ She has two brothers, so she’s wondering, how is this possible, as the boy is wearing a jumper and has ribbons and ponytails in his hair,” said one mother who wished to remain anonymous.
The child at the center of the debate now goes to a different school.
According to a press release, the following are the new terms to which Nova agreed:
Gender-Neutral School Uniforms
- Nova will remove descriptions of disallowed clothing that includes language regarding “exposing the midriff” and “skimpy tank tops” and simply bar “any clothing not allowed under Nova’s school uniform guidelines.”
- Nova will add a cross reference to its gender inclusion policy in the uniform guidelines.
- Nova will eliminate gendered uniform policies and make all approved uniform items available without regard to gender.
‘Opt Out’ Not Allowed
- Nova will not adopt any gender policy that allows parents to opt out of requirements in the gender inclusion policy because of objections based on religion or conscience.
- Nova will not call parents’ or guardians’ attention to policy or law allowing them to opt out of specific instruction regarding gender inclusion.
Professional Development
- Nova will provide professional development for all staff on supporting gender diverse students, by welcoming schools or another national LGBT organization that specializes in providing school-wide training to help staff “respond to bias-based bullying and create gender inclusive classroom environments” by the close of the 2018-2019 school year.
- Nova will ensure that all staff receive such training at least once every three years through 2025.
