In September of 2022, Montgomery County Public Schools (MCPS) published its Gender Identity Guidelines. This document was written to:
As a school district, we are committed in recognizing and respecting matters of gender identity; making all reasonable accommodations in response to student requests regarding gender identity; and protecting student privacy and confidentiality as we strive to create safe, positive, and respectful learning environments for all of our students.
The document then outlines a series of guidelines for schools to consider and follow, from pronouns usage to gender separated spaces, for schools in the system to follow. This article is not to go into the specifics of the document, but instead to point out that this document is a set of guidelines. It was never established as MCPS policy, going through the formal policy review process or BOE review and vote. As such, it is not enforceable.
All MCPS policies are the responsibility of the Montgomery County Board of Education Policy Management Committee, who meets to develop or revise Board policies. As policies are developed or revised, the public is urged to provide input. In fact, the MCPS website lists policies that are open for public comment. It also provides a listing of recently revised and approved policies.
On March 23, 2023, MCPC issued a series of communications. These included an email to parents, text messages, and a web posting. In this communication MCPS made three major points (all of which lean heavily into being a policy):
- There is now an expectation that teachers utilize inclusive LGBTQ+ lessons and texts with all students ,
- Teachers will not send home letters to inform families when inclusive books are read, and
- Students and families may not choose to opt of engaging with any instructional material, other than “Family Life and Human Sexuality Unit of Instruction”
The BOE meeting prior to this announcement was on March 7th. During this BOE meeting there is no record of these requirements not being enforced by MCPS being voted on or being approved as policy. Additionally, the website that lists revised and new MCPS policies does not have any policies that reference this.
However, very quickly throughout the school system, principals and teacher began to use the word “policy” when communicating these new requirements with families. Additionally, when a lawsuit was brought against MCPS related to this, MCPS engaged its lawyers. Why would lawyers be brought in to fight guidelines or recommendations? And if this is now a policy, why is there no record of it having gone through the policy process, including public comment.
What appears to have happened, and we welcome a formal comment from MCPS, is that MCPS created a set of guidelines that was advertised and communicated as non-negotiable. It created a quasi-policy.
