Boyd County Schools “less than forthcoming” about student sexual diversity training program

“Noncompliance notice” fails to inform students they can refuse to participate in training and receive unexcused absence for that period, ADF attorneys say

ASHLAND, Ky. — Boyd County Schools are not presenting the full story when it comes to the consequences to students for refusing to participate in the school’s sexual diversity training sessions, according to attorneys with the Alliance Defense Fund.

“Parents and students should know the full story when it comes to the actions school officials will take based upon what students decide to do,” said ADF Senior Counsel Kevin Theriot.  “The notice that Boyd County Schools issues to students who have missed sexual diversity training states they have two options to make up the missed training but does not explain that they can choose not to participate in the training and receive one unexcused absence for the one-hour class.  The notice is quite simply less than forthcoming about the terms of the amended court order.”

The court order states that “one unexcused absence” is the penalty for not participating in the training classes, which are “on the subject of preventing harassment and discrimination on the basis of actual or perceived sexual orientation or gender identity.”  The school has not indicated that any penalties above and beyond the unexcused absence would be issued for not participating in the training.

This provision allows students to receive an unexcused absence for one class period instead of viewing the training film or completing the writing requirement.

A copy of the amended consent decree and order that stipulates the terms of the settlement agreement can be read at www.telladf.org/UserDocs/BoydCountySA.pdf.  A copy of the non-compliance notice provided to students is available at www.telladf.org/UserDocs/BoydNoncompliance.pdf.

ADF attorneys have past involvement in defending the interests of students at the school regarding the training program (www.telladf.org/news/story.aspx?cid=3707).

ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.

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