Not that many years ago, I ran across this little piece of fortune cookie/Bazooka Joe wisdom: “If you have to sneak to do it, lie to cover it up, or delete it to avoid being seen, then you probably shouldn’t be doing it.” And that is good advice. That is unless you are in a pitched battle against the heteronormative, white patriarchy. In that case, sneaking, lying, and deleting are not just permissible but admirable tactics. This is war, you know. Desperate times call for desperate measures. These are, after all, the times that try ze/zim/zir souls. In Jefferson County, Colorado, a number of parents are alleging that teachers broke state and federal laws and that the local teachers’ union, the Jefferson County Education Association (JCEA), is aiding and abetting the teachers in that effort.
Having students fill out surveys about their gender and preferred pronouns violates federal and Colorado state laws as those things constitute “protected information.” But CBS Colorado reports that the school district maintains that it is unclear as to the legality of such surveys. However, there are several lawsuits over the matter, and administrators instructed the teachers not to address the issue or conduct any surveys.
Parent Denice Crawford was happy with an email she received from the district reminding parents that mandatory surveys inquiring about students’ protected information are illegal. The email said that voluntary surveys are also prohibited unless parents can opt out of them. Crawford, who has three children in district schools, was surprised, to say the very least, when her son came home with a survey asking about his gender identity. She told the TV station she was “deceived, lied to, taken advantage of.” Other parents, who are members of Jeffco Kids First, said that dozens of teachers conducted such surveys and that the JCEA instructed teachers via email on how to keep the surveys secret. The email read in part, “…if you do a questionnaire, please make it a paper and pencil activity – any digital records are more permanent and may be requested under federal law.” Teachers were also advised to make notations about students but not hold on to documents. School board member Susan Miller said that the JCEA gave teachers a way to work around the law. That could put the teachers’ jobs and licenses at risk. For her part, Crawford feels like the trust between her and the teachers has been broken. With a transgender nephew and a gay daughter, Crawford claims that she is not anti-LGBTQ and that, after reporting the survey to her son’s principal, there has been no reply.