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Reason
Reason
Eugene Volokh

Teacher Has Free Exercise Clause Right to Tell Parents About Their Children's "Preferred Names and Pronouns,"

In Judge Holly Teeter (D. Kan.) in Ricard v. USD 475 Geary County, KS School Bd., decided Monday, plaintiff challenged the "Communications with Parents Policy," which "prohibits employees from revealing to parents that a student has requested use of a preferred name or different set of pronouns at school 'unless the student requests the administration or a counselor to do so, per Federal FERPA [Family Educational Rights and Privacy Act] guidance.'"

In application, the policy prohibits teachers not only from initiating communication with parents for the express purpose of disclosing preferred names and pronouns, but it also prohibits teachers from revealing preferred names and pronouns as part of a communication with parents about an unrelated matter, such as grades or attendance. It is this latter application of the policy from which Plaintiff seeks relief. {Plaintiff disclaims any plan to affirmatively reach out to parents for the purpose of telling them that their child is using preferred names or pronouns.}

And the court concluded that plaintiff was entitled to a Free Exercise Clause exemption from this policy:

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