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Superintendents defend policies about transgender students, parent rights on Capitol Hill

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Superintendents defend policies about transgender students, parent rights on Capitol Hill
Sign up for Chalkbeat’s free weekly newsletter to keep up with how education is changing across the U.S. Three progressive superintendents defended their policies for parental involvement and transgender inclusion during a congressional hearing Wednesday in which Republican lawmakers called them “pathetic” and said they should find other jobs. House Education and Workforce Chairman Tim Walberg convened the hearing with the title “Breaking Trust.” Much of the questioning centered on policies intended to protect the rights of transgender students or create more inclusive school environments. But lawmakers also brought up abortion, the role of teachers in promoting political protest, and eighth grade algebra access. Called to testify were San Francisco Unified School District Superintendent Maria Su, Loudoun County Superintendent Aaron Spence in Virginia, and Chicago Public Schools CEO Macquline King, who had to be subpoenaed . Each of these superintendents is a relatively new leader in a district that has been at the center of intense controversy over race, gender, and other topics that are often referred to as part of culture war fights. Chicago and Loudon County , in particular, have been the targets of repeated investigations by the Trump administration, which has also threatened to withhold funding. Two days before the hearing, the conservative advocacy group America First Legal, founded by White House Deputy Chief of Staff Stephen Miller, filed formal complaints accusing all three districts of violating parental rights and federal law with policies that give students a say in whether parents are notified that that child wants to change their gender presentation. Walberg, a Michigan Republican, said in his opening remarks that Congress has a responsibility to ask questions of school districts, including when “parents are excluded from major decisions involving their children” and “when classrooms become vehicles for political or ideological agendas.” “Across the country, school districts are losing sight of their core mission: educating students,” Walberg said. The superintendents, in turn, said they respect parents as partners, develop policies with input from local communities, and want to create school environments where students can show up as themselves. “We’re in education because we care about students, and part of that means ensuring an environment where all students can reach their full potential,” Spence said. Lawmakers and superintendents spar over abortion, transgender students Asked repeatedly if parents can opt out of lessons related to sexual health or LGBTQ topics, superintendents said yes or that they comply with state and “binding” federal law. Rep. Joe Wilson, a South Carolina Republican, asked King about Chicago Public Schools making information about abortion available to students. He also pressed her about “which form of abortion” she preferred after offering graphic descriptions of the procedure. “I’m very disturbed by that question,” King said after a pause. “I want to say that Chicago Public Schools’ sexual education curriculum is in compliance with Illinois state law.” Rep. Rick Allen, a Georgia Republican, cited a recent malpractice lawsuit in which a New York jury awarded $2 million to a woman who felt disfigured by a mastectomy she had as a teenager when she identified as male. He compared that to school districts having policies that require addressing students by their preferred names and pronouns. “You’re going to be held responsible legally for what you’re perpetrating on young people,” Allen said. Democrats for their part used their time to highlight cuts to the Office for Civil Rights, the value of diversity, and Republican efforts to dismantle the U.S. Department of Education. They emphasized that the superintendents were accountable to local elected school boards and that policies reflected community preferences. “This committee talks all the time about ‘decisions should be made at the local level,’ but I guess that’s only if they like the decisions that you make at the local level,” said Rep. Jahana Hayes, a Connecticut Democrat and former national teacher of the year . Supreme Court ruling on gender identity favors parents but leaves unanswered questions for schools And Democratic Rep. Summer Lee of Pennsylvania urged the superintendents not to “change your values or your positions, because you know who you work for, and it is the parents and the students in your community.” Spence came in for some of the most intense questioning. The Virginia district has been at the epicenter of political battles over COVID restrictions, parental rights and policies related to transgender students and racial equity . Most recently, the district refused to bend to pressure to exclude some immigrant students from federally funded career education. Virginia sits under the jurisdiction of the 4th U.S. Circuit Court of Appeals, which ruled in the 2020 Grimm v. Gloucester County School Board decision that students cannot be prevented from using restrooms that align with their gender identity. Loudon County officials have said they are bound by that ruling until the 4th Circuit or the Supreme Court decides otherwise. The Trump administration, in contrast, says Title IX, the federal law that bars sex discrimination in education, actually requires that transgender students be excluded from restrooms that align with their gender. It has threatened Loudon County with the loss of federal funding. “Yes or no, should biological men be allowed in locker rooms with biological women or girls?” asked Rep. Robert Onder Jr., a Missouri Republican. “Transgender women should be allowed in women’s spaces,” Spence responded. “That’s a yes,” Onder said. “So biological men should be able to go into locker rooms and shower rooms with biological girls?” “Federal law requires it,” Spence said. “No it doesn’t,” Onder said. “Yes, it does,” Spence said. “No,” Onder said. “Title IX is, in fact, quite the opposite. Title IX requires you to protect women and girls.” Loudon County has also been investigated over an incident in which a transgender boy was accused of filming other boys in a locker room . The U.S. Department of Education said the school district violated Title IX in its handling of the incident. Several representatives interrogated Spence over the incident and why the students who complained about being filmed allegedly received longer suspensions than the transgender student. Spence said he could not discuss specifics due to student privacy laws but said that the incident had not been described accurately in public reports. He also said the district applies discipline “appropriately” and in accordance with its policies, including policies against bullying. The hearing did have moments of comity. California Rep. Kevin Kiley, who recently switched from Republican to independent, said he’d long been a critic of San Francisco Unified but praised Su, giving her a platform to talk about changes she’s made. Su said the district has brought back eighth grade algebra, revised its ethnic studies curriculum, and implemented literacy approaches consistent with the science of reading, among other changes. “When I came on as superintendent 18 months ago, I listened to families, listened to parents and our educators, and we moved quickly,” Su said. Kiley said he probably disagrees with many things the district is doing. “But these are really good, important steps, so thank you for your leadership,” he said. Erica Meltzer is Chalkbeat’s national editor based in Colorado. Contact Erica at emeltzer@chalkbeat.org .
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