As I reported earlier this week, Algonquin Regional High School is in the national spotlight after Southborough parents publicly claimed that Algonquin staff secretly counseled their child to transition genders from a girl to a boy. Yesterday, the federal Dept of Education issued the announcement, “Trump Administration Investigates Massachusetts School District for Allegedly ‘Transitioning’ Student Without Parents’ Knowledge”.
A story by the Boston Herald quotes a response from NSBORO Superintendent Gregory Martineau.
The US Dept of Ed’s announcement includes:
These allegations raise serious questions regarding whether the school district complied with federal laws protecting parents’ rights. FERPA requires schools to allow parents to access their children’s education records, make changes to those records, and provide a hearing if the school rejects the changes. PPRA requires schools to receive written consent from parents if they plan to conduct any evaluation, survey, or analysis on students regarding their or their family’s mental health, sex behaviors and attitudes, religious beliefs or any other invasive sensitive subjects outlined in the statute. It is currently unclear whether the school and the district complied with these federal statutes, and SPPO will investigate to determine whether there has been a violation under FERPA and/or PPRA.
“Parents have a right to know what is happening with their children at school, particularly when it concerns deeply personal matters involving their health and well-being,” said Frank Miller, Director of the Student Privacy Policy Office. “These egregious allegations are not an isolated problem. Families deserve answers and SPPO will thoroughly investigate reports like this and hold any educational institution that violates federal law accountable.”
The Boston Herald’s story states:
The school district says it’s aware of the federal probe, releasing a statement Thursday saying it “welcomes and will cooperate fully with any authority investigating this matter.”
“The Northborough-Southborough Regional School District is aware of the announcement by the U.S. Department of Education. It welcomes and will cooperate fully with any authority investigating this matter and appreciates the opportunity to provide a complete factual record surrounding the allegations referenced in media interviews by two individuals whose child formerly attended Algonquin Regional High School,” said Superintendent Gregory Martineau.
“The District has already unequivocally denied the referenced allegations and stands by the statement and the actions of educators and administrators,” he said.
As I previously reported, the school hasn’t responded to my question about the district’s policy or guidance they follow when a teen asks to keep parents in the dark on their request to be identified by a different gender. But a report by WBUR yesterday stated that keeping that confidential is legal in Massachusetts and linked to a document by the Mass Dept of Education that includes the following guidance on “Gender Transition”:
Some transgender and gender nonconforming students are not openly so at home for reasons such as safety concerns or lack of acceptance. School personnel should speak with the student first before discussing a student’s gender nonconformity or transgender status with the student’s parent or guardian. For the same reasons, school personnel should discuss with the student how the school should refer to the student, e.g., appropriate pronoun use, in written communication to the student’s parent or guardian.
The WBUR story also highlighted that confidentiality from parents by another school were supported by federal courts.
As I previously posted, the parents’ story made national headlines based not only on their accusations about the school’s role in the child’s transition, but also legal battle to stop DCF (Dept of Children & Families) from medically transitioning their 17 year old to a different gender. The parents also publicly claimed their child is being kept from them based on their religious beliefs.
The family’s story has been complicated as records show that DCF took the child into custody based on reports of physical abuse and subsequent court orders and restraining orders received by the teen.
Despite acknowledging in a podcast interview that there were claims of abuse, attorney Vernadette Broyles, (president and general counsel of the Child and Parental Rights Campaign) claimed that an ARHS counselor:
reported this family to DCF, we understand because they knew this Catholic family would not affirm the falsehood that their daughter was a boy
The story by WBUR provides more details on the father’s arrest for allegedly punching the child (who was 15 at the time), pulling their hair, and making physical threats. The article also included the police report on the case of the mother for alleged witness intimidation. You can read that story, which links to the police reports here.
Broyles publicly characterizes the charges against parents Joseph and Arlene Kutzko as having found by the juvenile court to be unfounded. She stated that the couple only agreed to a pretrial probation due to the high legal costs they had incurred.
DCF isn’t publicly commenting on that or the case specifics and some court details are sealed due to the involvement of a minor. But WBUR writes of the agreement reached with the parents:
a judge committed to dismissing the charges against Joseph Kutzko if he met certain conditions, including taking an anger management class, staying away from his child and abiding by a restraining order. Arlene Kutzko also agreed to stay away from the victim and abide by a restraining order. The conditions for both parents remain in place until this December.
