Schools require parental consent for students to take over-the-counter medicine, but 'hide' pronouns: Report

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Angela Morabito discusses the Defense of Freedom Institute's new 'Pills and Pronouns' report

Defense of Freedom Institute's spokesperson Angela Morabito explained their report that found school districts across the U.S. require parental consent for over-the-counter medicine, but not for new names and pronouns. 

Over three million K-12 students in 25 districts across the country's public school system are permitted to change their names without parental consent, but are required to get permission from their guardians to take over-the-counter medication while at school, according to a report conducted by the Defense of Freedom Institute for Policy Studies (DFI) and shared with Fox News Digital.

Eight of the nation’s 20 largest school districts allow students to use names and pronouns that align with their chosen gender identity at school without parental knowledge or consent, according to the report "Pills and Pronouns: School Districts Require Parental Consent for Over-the-Counter Medicine, But Not New Names." The same districts, including some of the nation's largest like the New York City Department of Education, Los Angeles Unified School District and Chicago Public Schools, require parental permission to give students Advil for a headache or Pepto Bismol for an upset stomach. 

"These policies imply that children who are not yet mature enough to decide when they need an aspirin are mature enough to decide whether to go through the school day as male, female, or something else entirely," the report states. 

Only three school districts in the nation’s 20 largest by enrollment have readily available policies that require parents to be notified if their child wants to go by a different name based on their gender identity, according to the report. 

"We're seeing a big gap here and a really striking contrast in what these districts deem worthy of notifying parents about," Angela Morabito, DFI spokesperson and a former U.S. Department of Education press secretary, told Fox New Digital. "No parent should have to wonder ‘What name does my child use during the school day?'" 

"These should be really, really basic things," she added. "If a headache or a tummy ache that lasts for an afternoon merits a phone call home, then certainly so should something as significant as a child saying ‘I want to be known as a different gender.’"

Buttons with the "they, them, theirs" pronouns are displayed during the ClexaCon 2021 convention at the Tropicana Las Vegas on October 09, 2021 in Las Vegas, Nevada. (Photo by Gabe Ginsberg/Getty Images) ( (Photo by Gabe Ginsberg/Getty Images))

At four of the 25 school districts that DFI studied, Minneapolis Public Schools, D.C. Public Schools, Metro Nashville Public Schools and Linn-Mar Community School District in Iowa, parental consent is required for school staff to dispense over-the-counter medication, but after students reach a certain age or grade level, they can choose to change their name and pronouns at school without parental consent. 

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"School districts across the country are failing to respect the rights of parents to make decisions for their minor children," DFI President and Co-Founder Bob Eitel said in a statement. "If a school employee must get a parent’s permission to administer over-the-counter medicine to a student with a headache or upset stomach, that same employee should also be required to get the parent's permission to change that student’s pronouns and name. Name changes for children should be made by parents, not school district bureaucrats."

DFI is concerned that parents are being left in the dark about how their child spends their school day, which they believe should be up to a family to decide, according to Morabito. 

"What we see in this data is that parental rights are being eroded and it's not just in a big city districts where this is happening," she said. "There are smaller districts where we see these same policies in place."

"It's almost amazing that this is a right that we have to even stop and talk about," she added. "It should be a given that if there's this major change going on in a child's life, that parents should be the first people to respond, not the last."

She said the policies regarding medication indicate that the schools originally believed a child's medical concerns were needs that were brought from home to school. Conversely, sex and gender identity are now treated as needs that arise in school, which may or may not be brought to the attention of parents. 

A person wears a gender neutral pronoun jacket at a 'Rainbow Runway for Equality' to kick off Pride Month at Central World Mall on June 01, 2022, in Bangkok, Thailand. (Photo by Lauren DeCicca/Getty Images) ((Photo by Lauren DeCicca/Getty Images))

The report points to guidance from the United Kingdom’s National Health Service, which warns that an "early social transition" in children "should not be viewed as a neutral act," because these changes can "have significant effects on the child or young person in terms of their psychological functioning." 

"This does not mean that gender identity is within the school’s purview to manage," the report states. "To the contrary, it shows a school overstepping its role and confusing children rather than protecting them."

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Morabito said she hopes people realize that school districts across the country are "wildly overstepping" their authority in students' lives and warned that parents should stay informed about what their rights are. 

"They should know if their school board has a policy in place that allows school staff to keep them in the dark about their child's own feelings about their body and their gender," she said. 

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Some states have policies and guidance for both medication administration and name and pronoun usage in the classroom, but even if such a policy exists, there is no guarantee that districts comply, the report stated. Morabito said she hopes more state and local education leaders will take note of what is happening to make sure that nobody can implement a "radical agenda" that allows school staff to take "the place of parents in the lives of their children."

"We've seen instances of state governments and state officials saying to entire states that school employees have not just the right, but the obligation to hide a child's change in name and pronouns unless that child specifically says, ‘Okay, sure, tell my parents,’" Morabito said. "This is something that, of course, has to be addressed at the local level, but states have a voice here too."

LGBTQ person holds pins about gender pronouns on the University of Wyoming campus on August 13, 2022. (Photo by PATRICK T. FALLON/AFP via Getty Images) ((Photo by PATRICK T. FALLON/AFP via Getty Images))

Advocacy groups, like GLSEN, formerly known as the Gay, Lesbian & Straight Education Network, have drafted model school policies that allow students to decide the name and pronouns they will use at school without involving their parents. DFI's report found that several of the school district policies they examined were similar to GLSEN's model policy. 

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"Policies requiring parental consent for schools to dispense over-the-counter medication to students are products of an era in which nearly all school districts, regardless of politics, respected parental rights," the report stated. "In a sea change demanded by America’s cultural left, many districts trust parents to decide how the school should handle their child’s tummy ache but not their child’s gender identity." 

"State officials—governors, legislatures, boards of education, education agencies, school districts, school boards, and schools—must fight this trend and work in sync to ensure that schools defer to parents on issues relating to the physical and mental health of their children," the report added. "Most importantly, parents should know their rights and demand transparency from their schools."

When reached for comment, several school districts told Fox News Digital that their policies were aligned with state legislation. 

"We follow the law and directives from the NJ Department of Education," a spokesperson for Lawrence Township Public Schools said.

Montgomery County Public Schools, which is one of the 8 largest school districts in the nation, told Fox News Digital that it is committed to an inclusive learned environment that celebrate the diversity of its community including its LGBTQ community and create a safe place where students feel comfortable "expressing themselves without fear of rejection and discrimination."

"Our gender identity guidelines aligns with Maryland state law, which entitles students to privacy regarding gender identity," the statement said. "In some cases, transgender and gender nonconforming students may not openly express their gender identity at home because of safety concerns or lack of acceptance. Matters of gender identity can be complex and may involve familial conflict."

"In such cases, staff will support the development of a student-led plan that works toward inclusion of the family, if possible, taking safety concerns into consideration, as well as student privacy, and recognizing that providing support for a student is critical, even when the family is non-supportive," the statement added. 

California's Long Beach Unified School District (LBUSD) and San Francisco Unified School District (SFUSD) pointed to state law and guidance from the California State Department of Education, which states that "if a student so chooses, district personnel shall be required to address the student by a name and the pronouns consistent with the student’s gender identity, without the necessity of legal documentation or a change to the student’s official district record."

"A transgender or gender nonconforming student may not express their gender identity openly in all contexts, including at home. Revealing a student’s gender identity or expression to others may compromise the student’s safety," the FAQ on California's State Department of Education read. "Thus, preserving a student’s privacy is of the utmost importance."

"SFUSD has always been guided by the needs and feedback of families. We believe that parents, caregivers and families are active partners in their students’ education," the school district told Fox News Digital in a statement. "Family voice is critical in guiding the creation of our policies, curriculum, and support services."

LBUSD also clarified that they also follow California law which regulates the dispensing of medications at school. 

Fresno Unified School District (FUSD), which is also in California, pointed to state law, school policy and their "values as a district" as justification for their approach to pronouns. 

"In accordance with AB 1266 and our values as a district, our students’ gender identity and how they share their identity is to be respected by all district personnel, including the use of preferred names and pronouns," FUSD said in its statement. "Due to non-discrimination laws and policy, the holder of the privilege regarding gender identity, preferred names, preferred pronouns is the student, not the parent. We love our students and work hard to ensure our schools and classrooms are a safe space with loving and accepting adults."

Spokane Public Schools said in a statement it was "absolutely untrue" and that parents "have access to all information at any time." 

"It is absolutely untrue," the statement read. "Spokane Public Schools does not direct school employees to use a student’s chosen name and pronouns without parental consent. In fact, a parent will have access to any changes and receive communication related to their student’s information through a variety of means such as counselor contact, when they register their student, check their grades, inquire about their classes, etc. Regarding this topic, when a student requests a name change, a SPS counselor walks alongside the student to inform them of the process and to help them understand that a parent or guardian will be made aware of any changes to student information. Parents have access to all information at any time on the district's student information online platform. Our counselors carefully work to support the student and their families as they navigate this conversation and decision; we want to ensure that our students and families feel supported."