A state investigation found the La Center School District discriminated against students and staff based on gender identity by prohibiting teachers from asking students which pronouns they prefer.
On April 7, 2023, the Washington Office of Superintendent of Public Instruction opened an investigation into a complaint from La Center High School teacher Minna Thayer, according to the agency’s Feb. 26 letter to Peter Rosenkranz, La Center’s superintendent.
The agency also opened an inquiry into the district’s gender-inclusive schools policy and procedure to review whether they comply with state laws and guidelines.
Rosenkranz sent an email to all staff Oct. 28, 2022, stating that staff should only ask students for their preferred names, not their pronouns, according to OSPI’s letter.
“Asking for pronouns in a public setting can make some feel included and others feel excluded,” Rosenkranz’s email said. “By just asking a student’s name, verbally or in writing, we give every student an opportunity to identify themselves on how they would like to be referred.”
Thayer, who advises the Gay Straight Alliance student group, then sent Rosenkranz a follow-up email asking if the district was prohibiting her from asking students to write their first and last names, nicknames and pronouns, or calling students they/them, according to OSPI’s letter.
Rosenkranz sent another email to all staff Nov. 10, 2022, clarifying his directive. He said staff can use students’ preferred pronouns if they request it but shouldn’t ask students for their pronouns, according to OSPI’s letter.
Thayer submitted a discrimination complaint to the district on Nov. 22, 2022, based on Rosenkranz’s pronoun directive. The district hired a third-party investigator, Gene Sementi, to investigate the complaint, according to OSPI’s letter.
Sementi’s report states that “students have a clear right to be free from being called the incorrect name or pronoun.” The report also states no law or policy requires teachers to canvass all of their students about pronoun preference nor does any law prohibit it.
Rosenkranz issued a decision based on Sementi’s findings that the superintendent’s pronoun directive did not violate LGBTQ students or teachers’ civil rights nor did it violate state laws or any other laws.
Thayer appealed Rosenkranz’s decision to the school board. After hearing from Thayer and Sementi, the board considered the complaint in an open public meeting Jan. 10, 2023, to hear from the community on the topic. The board ultimately upheld Rosenkranz’s decision.
La Center’s board adopted a new gender-inclusive schools policy and procedure.
“We followed state law … while ensuring that parents remained part of the process — something OSPI’s policy fails to do,” Rosenkranz wrote in an email Monday.
OSPI found the district removed language from the state’s model procedure about asking transgender or gender-expansive students their preference on how to be addressed before talking to their parents or guardians.
“The district will be transparent with parents/guardians and the community about curriculum, instruction, and activities which address gender identity and expression,” La Center’s new procedure states. “The school should also be transparent with parents/guardians of children who question their gender identity so that the parents/guardians may provide appropriate support for their children.”
Washington state law prohibits public schools from discriminating on the basis of sexual orientation, including gender expression or identity.
OSPI concluded that the district’s pronoun directive is discriminatory because “it negatively impacts gender-expansive students’ ability to participate in or benefit from the district’s educational programs or activities,” according to OSPI’s letter.
Also, OSPI determined the district’s procedure does not comply with state nondiscrimination laws or the agency’s rules and guidelines.
La Center plans to fight OSPI’s ruling, Rosenkranz said.
“La Center School District rejects OSPI’s baseless claim that we have discriminated against students or families,” Rosenkranz said. “We will not stand by while OSPI erodes parental authority and forces schools to act against families’ best interests. La Center School District is consulting with legal counsel to determine next steps, including potential legal challenges.”
