Music Teacher’s Sex Change Operation Causes Outcry at Foxboro Elementary

In Vacaville, California, parents prefers their music teachers to remain one gender — or at least give them notice when a gender changes. When a music teacher returned to school as a man after an operation, parents protested and children have been pulled from his class.

The school insists that giving parents prior notice would have violated HIPAA privacy rules.

While the school said that it consulted with counsel, I am not sure why such notice could not be sent to parents. After all, the teacher is reportedly overtly and publicly now a male. If the teacher is now presenting himself as a male and being called mister, this would not seem to be a private fact. Obviously, all of the kids came home and stated the obvious. More importantly, the teacher should have voluntarily agreed to such notification. Obviously, many kids will not understand the change and parents should have been given an opportunity to explain it to them. It served no one to have the matter handled in this way.

Obviously, transgender teachers should be protected in their right to teach in the public school system. However, the parents have a point about the lack of notice and this could have been handled in a way that would have reduced tensions.

For the full story, click here.

4 Responses to “Music Teacher’s Sex Change Operation Causes Outcry at Foxboro Elementary”


  1. 1 Foxboro Dad 1, October 16, 2008 at 1:45 pm

    I have two students at Foxboro. We have not pulled our kids out of music. You have nailed the issue “most” parents are concerned with at Foxboro, we should have been given notice.

    One point that is not being publicized is that on the first day of school the music teacher, Ms. Abbey Clark, now Mr. James Clark, came to school and announced to our kids to call her Mr. Clark. So there is no privacy issue and the school board has a weak defense. This is a parental notice issue, parents had a right to know so we could have been better prepared to discuss at the dinner table after the 1st day of school.

  2. 2 Sally 1, October 16, 2008 at 1:53 pm

    I think I would want to know in advance to. But don’t medical privacy rights come into play on this one?

    It’s truly an awkward situation for children. Some of them may wonder if this man is Mrs.Clark’s husband. Some may notice a resemblence between the two and wonder if they’re siblings.

    Depending on the ages of children, sex change operations are not appropriate subjects. You really can’t explain why a woman thinks she needs to be a man to a 6 yr old.

    Heck, you can barely explain to many adults!

    If this had all happened before she got her teaching job, then no one would have known and it would not have been an issue

  3. 3 Foxboro Dad 1, October 16, 2008 at 3:47 pm

    Sally, I do not believe privacy is an issue because Mr. Clark waived the right to privacy when he told all students to call him Mr. Clark and that he was no longer a woman.

  4. 4 Sally 1, October 16, 2008 at 4:08 pm

    Good Point Foxboro. But people get all wound up about their privacy rights in any situation.


Leave a Reply




VOTED THE #1 LEGAL THEORY AND LAW PROFESSOR BLOG OF THE TOP 100 LEGAL BLOGS BY THE ABA JOURNAL

blawg100_2008_winner9349c7
Bookmark and Share

c

Archives