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ACLU, Madera County school district reach settlement in LGBTQ students’ free speech suit

Minarets High School in 2010. Fresno Bee File
Minarets High School in 2010. Fresno Bee File Fresno Bee Staff Photo

A Madera County school district must develop new policies designed to protect LGBTQ students under a settlement agreement reached this week with the ACLU Foundation of Northern California.

The ACLU in March filed a lawsuit on behalf of two now former students, Steven Madrid and Mikayla Garaffa, who were seniors at Minarets High. The school’s part of Chawanakee Unified School District.

According to the ACLU, the students’ quotes, supportive of the LGBTQ community were removed from the school’s yearbook by an adult adviser who “wrongly deemed them ‘political’ and ‘sexual’ in nature.”

As part of the settlement, the district agreed to train teachers as required state laws calling for an inclusive environment for LGBTQ students. Plus, the district agreed to develop an anonymous online system, where students can submit bullying and harassment complaints.

“We are happy that we were able to reach an agreement with the district that reflects the need to reexamine the needs of LGBTQ students in the District and tangible next steps to ensure they get the support needed by staff,” Abre’ Conner, staff attorney with the ACLU Foundation of Northern California, said in a statement.

“Our clients have been zealous advocates since first notifying the district of their rights to include the yearbook quotes and reaching this settlement is a testament that schools must listen to students and parents when they speak up regarding fair treatment in schools.”

Chawanakee Unified School District Superintendent Darren Sylvia, responding to the settlement, said school district officials disagreed with the ACLU’s claims in the suit. Still, the district agreed to “do a better job” at training its staff on what freedom of speech allows, as well as on students’ rights.

Sylvia disagreed that the student’s free speech rights were violated. Sylvia said the quotes were reviewed by him and the school’s principal, who determined they were fine, and ultimately included them in the yearbook.

Nonetheless, Sylvia said the school district will continue to train its “staff regarding freedom of speech and making sure we are not in violation of any other students’ rights and freedom of speech.”

The district also agreed to add language to the parent-teacher handbook affirming students’ rights to be free from discrimination in school-sponsored activities, the ACLU said in the release.

This story was originally published November 26, 2019 at 4:38 PM.

Yesenia Amaro
The Fresno Bee
Yesenia Amaro covers immigration and diverse communities for The Fresno Bee. She previously worked for the Phnom Penh Post in Cambodia and the Las Vegas Review-Journal in Nevada. She recently received the 2018 Journalistic Integrity award from the CACJ. In 2015, she won the Outstanding Journalist of the Year Award from the Nevada Press Association, and also received the Community Service Award.
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