A South Bay school district is tightening its grip on how educators can discuss gender and sexuality with young students after a transitional kindergarten teacher was placed on leave last month for discussions about gender identity in class, entangling the district in a local and national debate over how such topics should be taught in schools.
The Cupertino Union School District (CUSD) last week adopted a policy requiring teachers to abide by several district guidelines when initiating class conversations about these hot button subjects, including by addressing all sides of a controversial topic without bias and without promoting any personal opinion or viewpoint.
CUSD serves more than 15,000 students in several elementary and middle schools in Cupertino, San Jose, Sunnyvale, Santa Clara, Saratoga and Los Altos.
Last month, parents complained that a Dilworth Elementary School teacher, who identifies as nonbinary and uses gender-neutral pronouns, spoke to students about gender identity and expression, had LGBTQ+ books and posters in their classroom that featured gender concepts such as “ze and tree” pronouns, and told students “boys can wear dresses.”
The controversy comes as recent state legislation aims to protect LGBTQ+ students, including a law that prevents school districts from requiring teachers to notify parents if their child uses different pronouns or identifies as a different gender than what’s on their school record. A recent change to federal law also considers sexual orientation and gender identity as classifications for prohibited discrimination.
CUSD’s policy, which was adopted unanimously last week by the school board, was created by the California School Board Association, a Sacramento-based nonprofit association that represents nearly 1,000 Pre-K-12 school districts and county offices of education in the state.
The document was made with the intent to help school districts navigate how to teach controversial issues surrounding personal values and beliefs, political philosophy, culture, religion, or other influences. The policy has been adopted by other school districts since 1989 and modified every few decades, the last being in 2022.
In a statement, CUSD Superintendent Superintendent Stacy Yao said the policy was, “developed by legal and education experts who ensure they comply with current state and federal laws, educational standards and best practices.”
Yao said it is in the best interest of the district to accept the policy without any modifications to minimize any legal risks. Adopting the policy will also ensure consistency across the districts, simplify training, implementation, and understanding among staff, she said.
During the CUSD’s meeting last Thursday, some parents said the policy will keep kids safe in their classrooms and prevent the district from becoming a political battleground, while others believed such a policy will hinder important conversations with children around gender expression and self-discovery.
Cupertino resident Amanda Wong, whose children are enrolled in CUSD schools, said she supports the policy because it outlines clear guidelines on how sensitive topics should be discussed.
“It’s going to give students a fair and inclusive learning environment,” she said. “It’s going to restore parents trust in the CUSD district.”
But fellow CUSD parent L Lin, who identifies as transfeminine and non-binary, is concerned that the policy is not specific when referring to what kind of controversial topics need to be monitored. Lin said this could potentially discourage students from discovering more about themselves.
“Picture a no-confirming child, their eyes, their smile, their humanity,” Lin said. “How old do they need to be before parents or community member will accept the truth and are willing to talk about it in class?”
