

School district cuts ‘mental health’ opt-out for girls seeking to avoid biological boys in restrooms

A California school district has dumped its hotly contested policy offering a “mental health accommodation” for girls seeking to avoid sharing locker rooms and restrooms with biological boys who identify as female.
The Temecula Valley Unified School District Board of Education voted 5-0 to remove references to a “mental health accommodation” in Board Policy 5145.3, reversing course after a flood of complaints about girls being required to declare themselves mentally ill to protect their privacy.
The board emphasized that the proposed “Mental Health Accommodation Request Form” included in the June 10 agenda material was never used by students.
“TVUSD also wishes to clarify recent misinformation regarding ‘mental health and religious exemption’ forms,” said the board in a Thursday statement. “These forms have never been used in our District, and we have no record or knowledge of any student or family ever being asked — or required — to sign a document of this nature for mental health or religious purposes.”
The trustees also voted at their Tuesday meeting to amend the policy by affirming that the district has a responsibility to protect the privacy rights of students, plus outlining a process for those seeking accommodations, which may include single-user restrooms and changing areas.
“The policy acknowledges that students have a fundamental right to privacy when using restrooms, locker rooms, and other facilities where personal bodily exposure may occur,” said the board statement.
The decision to drop the mental-health opt-out came after a community uproar, including a Sept. 2 student protest outside Day Middle School in Temecula over reports of a male-to-female transgender student using the girls’ locker room.
At Tuesday’s packed meeting, many of those speaking during public comment wore T-shirts with messages such as “Protect Our Girls!”
“Students shouldn’t be forced to justify their feelings with a mental or religious label in order for their rights to be respected,” said middle schooler Kailee Wooll. “At 12 to 14 years old, we should be busy being kids, not worried about being forced to change in front of biological males or attach a label to ourselves for being uncomfortable with it.”
Board President Melinda Anderson said the mental-health exemption was “a terrible idea” in retrospect, but she had been trying to figure out a way to protect student privacy without violating state law.
California Democrats are standing by Assembly Bill 1266, the 2013 law requiring schools to allow students to access activities and facilities based on their gender identity, defying President Trump’s executive orders recognizing two sexes and banning biological males from female scholastic sports.
A tearful Ms. Anderson said that “President Trump, the most powerful man in the world, has signed an executive order saying that boys cannot play in girls’ sports, but here in California, we still have boys playing in girls’ sports. That’s because even the most powerful man in the world is having a difficult time fighting California laws. I believe that this matter will be settled in a few years, either by the Department of Education or the Supreme Court. Until then, we were looking at workarounds.”
Not everyone was sympathetic to Ms. Anderson’s plight. “Resign, Melinda!” shouted someone at the meeting.
Despite its emphasis on privacy, the newly amended policy doesn’t prevent students from using facilities based on gender identity.
“Whatever solution we come up with tonight is just a Band-Aid,” said trustee Joseph Komrosky, “but it’s the best Band-Aid we’ve got until these corrupt legislators in office are removed.”
Trustee Jennifer Wiersma, who joined Mr. Komrosky in opposing the mental-health opt-out in June, said that “we are creating the best stopgap that we can for staff and students, but I’m telling you this, it’s not done.”
“I’d like to see us consider pursuing the next level in developing a sound, moral and judicial argument for aligning with Title IX and federal guidelines to protect all students while leading the way here in California,” said Ms. Wiersma. “Parents, be courageous. Students, make bold decisions.”