Clovis schools now more LGBTQ+ tolerant, union says. Here are the latest changes

Update: Clovis Unified School District spokesperson Kelly Avants said the district is not changing its policies or procedures. She said there will be a document drafted with more guidelines for the personal items on display policy, which could include how Pride flags can be displayed. But she said that parental consent will still be required if students want to file a special form to change name, pronouns and/or gender identity in their file.

Teachers can fly Pride flags and students can change their pronouns at school without parental notification, according to a union statement detailing a new agreement between school psychologists and Clovis Unified School District.

This means the district has agreed to change or modify two of its policies that the union and others say were negatively impacting its LGBTQ+ community, such as the display of personal items in classrooms and the requiring of parental consent if a student wanted to change their name, pronouns, and acknowledged gender identity.

The Association of Clovis Educators (ACE) School Psychologists, the only educator union in the district, said that the inconsistent and unclear way the personal items policy was being enforced was “discriminatory, harmful to students and staff, and violated the law.” For example, teachers were asked to remove visible Pride flags from their classrooms.

As for the recognition of students’ gender identity, the district in the past did not require parental consent until the policy was changed some time last year, according to the union. Last year, psychologist union members told The Bee that the district, without public or staff consultation, had started using the Student Site Plan, which is a form requiring parental consent that students were required to fill out to change their name, pronouns or preferred gender identity. The Bee published a story about the use of the form as potentially outing LGBTQ+ students who would not be comfortable expressing their gender identity with their parents or at home.

After the district implemented the two policies – about displayed personal items and the new parental consent form for students’ preferred gender acknowledgment – the psychologists union said it heard from the Attorney General’s Office, the American Civil Liberties Union (ACLU) and other entities concerned about Clovis’ policies. However, it wanted to “give the district an opportunity to do the right thing.”

“We believed that a solution that was negotiated with Clovis stakeholders would be better than one imposed by the state,” ACE wrote in their public April newsletter update.

The union said that conversations started quickly but stalled, leading them to file charges with the Public Employment Relations Board (PERB) because the district failed to bargain policy changes in good faith. After talking with a PERB agent, the parties agreed to pause the case and discuss the issues.

“At times, there was frustration with setbacks or disagreement, but ultimately, we found common ground and worked toward a climate of respect and professionalism,” the union’s message reads.

After more than six months of conversations – and over a year since the first policy changes – ACE said the parties agreed the board’s policies could be modified so they wouldn’t violate the law.

The first policy: personal items displayed in classrooms

Policy changes began when the Clovis Unified School District’s board introduced a new policy on personal items, stating they could not be displayed if they reflected “politics, religion, social movements, and/or personal ethics.”

District staff was asked to “almost exclusively” remove LGBTQ+ Pride flags from classrooms, the union stated.

“Several teachers came forward with stories of the policy being enforced inconsistently and without clear guidance,” the union stated. “ACE sent a follow-up letter to the Superintendent to express concerns that this policy was discriminatory, harmful to students and staff, and violated the law.”

Now, ACE states that the district is issuing Guidance on the Controversial Issues and Personal Items policies, which will provide clarification but won’t change the policy itself. This update will state what items in a classroom can be defined as “Classroom Items” or “Personal Items.”

According to the union, the update allows Personal Items to:

• include those that reflect one’s personal interests, such as college, athletics, flags, and the arts), one’s culture, or religious beliefs.

• be displayed in the classroom as long as they don’t disrupt the learning environment.

“The district agreed that personal interest items may include a Pride Flag,” ACE stated.

The second policy: required parental consent to acknowledge a student’s gender identity

Last fall, Clovis Unified replaced students’ Gender Acknowledgement Plan (GAP) with the School Site Plan (SSP), the newer required parental consent if a student requested to be addressed by a different name, pronouns or expressed gender identity. Previously, the GAP did not request parental consent to recognize a student’s preferred gender expression.

In practice, the SSP would not allow transgender or non-binary students to access programs or facilities consistent with their gender identity, if they lacked parental consent to complete their SSP form.

From the union’s perspective, it stated the GAP was consistent with state and federal law.

“Students’ privacy rights were recognized, and parental involvement – while ideal and valuable when appropriate – was not a condition of students’ accessing programs and facilities consistent with their gender identity,” the union stated.

Now, the district’s updated policy will allow all students to access programs and facilities that are consistent with their gender identity, “even if they are afraid to tell their parents,” the union stated.

“The plan encourages the involvement of parents, but if a student shares that they are concerned for their physical or emotional health if their parents are involved, the plan can proceed with supportive staff,” it’s statement reads.

“We believe these policies don’t go as far as some advocates would prefer, but we ensured that students and families could accept them as a reasonable solution,” the union stated. “ACE is proud of these policies and the work that we have put into achieving them.”

The Bee emailed and texted Clovis Unified representatives on Friday morning. This is a developing story and updates will be posted accordingly.