PHOENIX, Arizona — An Arizona appellate court has ruled that a parent’s lawsuit against Mesa Public Schools may proceed, rejecting arguments that the case was moot or filed too late after a school allegedly concealed a student’s in-school gender transition from her parents.
In a decision issued last week, the Arizona Court of Appeals held that claims brought under the state’s Parents’ Bill of Rights (PBOR) raised live legal controversies because the district’s policies remain in effect. The case centers on a mother identified as “Doe,” who learned in 2022 that her daughter was using a different name and gender identity at school without parental notification.
According to court filings, school administrators acknowledged they intentionally avoided entering the student’s preferred name into the district’s electronic system to prevent triggering automatic parental alerts. Administrators also told the parent it was district policy not to inform parents about gender identity changes unless required by the system.
Doe alleged the district’s transgender student support guidelines interfered with her fundamental rights to direct her child’s upbringing, education, and mental health care, as guaranteed under Arizona law. The appeals court agreed she had standing to sue, finding that parents may challenge ongoing policies even if a specific situation has since resolved.
The court also ruled the lawsuit was timely, concluding that alleged continued concealment after the parent explicitly objected created a new legal injury. Some claims against individual officials were dismissed, but the core challenge against the district remains.
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