Idaho AG Questions Legality of LGBTQ+ Policy That’s Used in Numerous Idaho Schools; Riggins Lawmaker Calls LGBTQ+ Rights Policies “Garbage”

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BOISE, ID – Idaho Attorney General Raul Labrador this week questioned the legality of what he called a “dangerous” and “suspect” LGBTQ+ rights policy that is already in place at about a third of Idaho’s school districts and charters.  That policy came into the limelight when attendees at a January 9th Caldwell School Board meeting yelled at, insulted, and threatened board members over the draft of a potential policy, which would establish rights and protections for all students, regardless of sexual orientation. Trustees were forced to call the meeting to an early end.

According to Idaho Education News, on Monday, Labrador chimed in on the discord on Twitter: “This proposed policy appears to violate Idaho law. My office is taking a serious look at how we can defend Idaho parents, kids, and our existing laws should the Caldwell school board choose to adopt this policy.” Labrador further detailed his concerns in a Wednesday letter to Misty Swanson, the executive director of the Idaho School Boards Association.

If adopted, Caldwell’s draft policy would:

  • Allow students to use bathrooms and locker rooms aligning with their gender identity.
  • Protect students from being denied participation in overnight trips due to their sexual orientation.
  • Require district staff to use a student’s preferred name and pronouns.
  • Protect students’ privacy in regards to personal information, such as sexual orientation and legal name.
  • Protect the rights of same-sex couples to attend school activities, including dances, and prohibit general discrimination against those couples.

Caldwell’s draft policy originated from an Idaho School Boards Association model policy. ISBA works with lawyers and staff members to create model policies that districts and charters may use and tailor to their individual needs.

Quinn Perry, the deputy director for ISBA, estimates that about 60 local education agencies or LEAs (which includes traditional school districts and charters) already have the LGBTQ+ policy in place. Perry pointed out that, in districts where students can use bathrooms and locker rooms that align with their gender identity, accommodations can be made for other students who may be uncomfortable with that.

Meanwhile, Senator Cindy Carlson (R- Riggins) and State Superintendent Debbie Critchfield have weighed in on the policy as well.

On Monday, the Idaho Freedom Caucus posted photos of letter correspondence between the two on its Twitter page.

Read more here: https://www.idahoednews.org/news/attorney-general-questions-legality-of-lgbtq-policy-thats-used-in-scores-of-idaho-schools/