Anchorage School District has secret forms for children’s gender identity that parents will never see due to interpretation of HIPAA laws

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It’s back-to-school season and the Anchorage School District has a form for students who want to be treated as a different sex by the district.

The form allows transgender students to provide both their birth name and their preferred name, whether they want to use the boys’ or girls’ locker room, and which bathroom they want to use.

The form clearly says it will not be shared with anyone except those who legitimately “need to know.” Children can go by a different name at school, in other words, and the workaround the district has found is the “nickname” field in school student management plan forms.

The students using this no-parents-allowed system need to fill out the form anew if they transfer schools, and both the student and principal are to sign the contract. No parents are involved and, according to the contract, are not included in the “need to know” group.

“Parents and others (counselor, nurse, teachers who have a need to know) may be included in this meeting depending on what is needed to develop a plan for the individual. ‘Need to know’ staff includes those individuals who provide a direct service, activity or program to the transgender individual,” the school district’s manual says.

“The plan is developed by the principal or administrator, in consultation with the student or employee, and with others as deemed appropriate by the principal or administrator and approved by the student or employee. Note: If the student has an IEP or 504 Plan, or the employee has an accommodation plan, the provisions in these plans should be taken into consideration in developing a plan for addressing transgender issues,” the guideline says.

In greater detail, the school districts takes pains to cut parents out of the process:

While medical documentation is not required, the school may request such documentation if helpful to develop an appropriate plan for the student or employee.

If the parties are uncertain or disagree regarding elements to be included in the plan, the site administrator should consult with the Title IX Coordinator.

Students may also use the Student Grievance Process to address any civil rights issue, including transgender issues at school.

A copy of the final plan should be maintained in the student’s health file or the employee’s unit file and a copy sent to the Title IX Coordinator.

Mandatory permanent student and employee records will include the legal/birth name and legal/birth gender. However, to the extent that the district is not legally required to use a student’s or employee’s legal/birth name and gender on other school records or documents, the school will use the name and gender preferred by the student or employee. For example, student ID cards are not legal documents so could use the student’s preferred name.

A student’s preferred name can be entered in the student information system using the “nickname” field.

Only upon receipt of a court order or other legal documentation will the school/district change a student’s or employee’s official record to reflect a change in legal/birth name or gender. All such changes will be made pursuant to a court order or through amendment of state or federally issued identification.

Read the Anchorage School District transgender policy here.

49 COMMENTS

  1. Anchorage, get your kids out of the public schools NOW. With all the propaganda trying make trans be “cool”, your kids are in grave danger of being manipulated into permanent life-altering sterilization decisions. No grade school aged kid is capable of making such a decision rationally and independently.

  2. This is simply unforgivable! NOBODY should be keeping secrets from parents about their children!!! Why the heck are Anchorage parents allowing this to happen??? Are they just to apathetic or too cowardly to get involved?SMDH

  3. The only recourse would seem to be not using the public schools. If enough people did so, they would loose their funding. If enough people failed to register their children at the same time, changes would occur rapidly. Greed outweighs woke every time.

    • 100% correct….however,

      If:
      Greed outweighs woke everytime.

      And:
      Woke outweighs Apathy everytime.

      And:
      Greed cannot exist in the presence of Apathy.

      Then:
      Woke will prevail over Greed in the presence of Apathy.

      • Guess that is too heavy for me. All I observe is that there is big money being made in the apathy business, as we can see in the nonprofits. If it wasn’t for the fact that most of the money achieved was going to payroll in these institutions then maybe it would make sense. Our state has a lot of warm hearted people that have no idea that they are being fleeced. And the truly needy are getting chicken feed. Just like Africa. Been there, saw the results of the Word Food Program, seen the politicians getting rich off of the contributions and selling the food at crazy prices. Never thought it could happen here. But here we are. Don’t need anything beyond my eighth grade education to figure out how so many people can be on the board of directors with six digit incomes on these nonprofits that have no positive outcome for their charity. Apathy? Greed? Ignorance? You tell me. God will judge. But they best not mess with our children. We all know that lesson from observation of wildlife.

  4. HIPPA does not circumvent parental rights for non-emancipated children under age 18. Lots of lawsuits against the school district will be filed if they try. This is guaranteed. And, parents will revolt……leading to kids being pulled out of public schools this fall. LGBTQ is a national disgrace as a political movement. It does nothing but harm to our kid’s education. It also leaves heavy wounds on American families.

    • There is more to it, Chrissy. An attempt to extinguish parental rights through federal health law is an invitation to US Supreme Court interpretation. The Anchorage School District will get sued by parents, and the State of Alaska. School funding will get held up. Individual members of the School Board will also get sued if they support this misguided approach to setting new policy standards. It will be messy and fire-up the Conservative base. These wacko liberal Democrats have come completely off the rails.

  5. They do not have authority to interpret HIPPA federal law. They only obey them. An MD (Licensed) prepares his form. HIS signers may modify them at signing. Schools are not licensed MDs. THEY ARE NOT CONSANGUINE PARENTS, OR GUARDIANS. So tremendously ignorant of the district, Anchorage, and any uninterested counsel. Time for an upgrade.

  6. Logic has been canceled with this WOKE mental illness.
    This it what they will say next.
    It’s ok to put your children in a cage with lions because lions a safe.

    • Wonder if Juneau and Fairbanks school officials are doing something similar.
      .
      Might spark a spectacular class-action lawsuit if so.

  7. How did we let these people take over our lives? It’s like a really, really bad dream that we can’t wake up from. And even scarier than that is we seem to be incapable of shutting them down.

    • It’s the failure of the electorate, not even conservatives will get off their duffs and go vote for the right people. That said, I don’t see how this garbage can be legal but i’m not a lawyer.

      • You’re not supposed to point that out. Hurts peoples feelings yo be reminded this is self inflicted.

      • I vote in every election I can just about guarantee that my vote doesn’t get counted because I vote Conservative values. Remember “it’s not who votes but who counts the votes” Joesph Stalin

    • To Paula, some of us seem only too ready to cry mea culpa, as if the same public officials we justifiably despise for their corruption have zero motive, means, or opportunity to manipulate election results for their benefit.
      .
      Remember “trust but verify”? Could we be seeing a form of learned helplessness, meekly accepting, without verification, whatever public officials say about election results, meekly accepting that unfavorable election and participation numbers must be caused only by voter apathy and absolutely nothing else?
      .
      In other words unfavorable results and participation numbers could never be artificially created by fractional vote counting, lost ballots, corrupted voter rolls, Zuckbucks (yes, there’s such a thing), dark money, proprietary programming of electronic vote-tabulating software, ballot harvesting, un-auditable Ranked Choice Voting, forced mail-in voting, unmonitored ballot drop boxes, election observers with no idea what they’re observing, things like that?
      .
      Could never happen here, right? If not, what makes some of our friends so uncomfortable with the idea that it could?
      .
      Bottom line: Please don’t give up, resign to despair just because your so-called peers don’t like your challenging the notion that public officials seemingly blessed with a talent for corrupting everything they touch, absolutely would never, ever mess with any part of Alaska’s election systems just to assure a wee bit more money, power, job security, then blame you for the problem.

  8. When do they erect the 30′ golden statue of Moloch in front of the Anchorage School District’s headquarters? I just hope they make sure to put a rainbow flag in his hand.

  9. They are throwing down the gauntlet against the rights of a parent to decide what’s best for their child & to know what kind of decisions in school are being made concerning the child. Of course not everyone can afford to sue and possibly loose. Going to court is very financially draining. Lawyers are incredibly expensive but the city obviously is not worried about that because they have endless pots of taxpayer funds to work with. It’s no wonder parents sometimes go off at school board meetings then get labeled as extremists. Holy cow.

  10. Suzanne, I want to sincerely thank you for being so vigilant with your reporting the truth! Thank you, from the bottom of my heart 🇺🇸

  11. From http://www.hhs.gov/hipaa/for-professionals/faq/513/does-hipaa-apply-to-an-elementary-school/index.html “Does the HIPAA Privacy Rule apply to an elementary or secondary school?” we find:
    .
    “Generally, no. In most cases, the HIPAA Privacy Rule does not apply to an elementary or secondary school because the school either: (1) is not a HIPAA covered entity or (2) is a HIPAA covered entity but maintains health information only on students in records that are by definition “education records” under FERPA* and, therefore, is not subject to the HIPAA Privacy Rule.”.
    .
    * From www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html, “Family Educational Rights and Privacy Act (FERPA)” we find FERPA is:
    .
    “The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.”
    .
    “FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level.”
    .
    Among “Frequently Asked Questions”, we find:
    .
    “Does a school have to record disclosures made under FERPA’s health or safety emergency exception?
    .
    Yes. When an educational agency or institution makes a disclosure under the health or safety exception, it must record in the student’s education records the articulable and significant threat that formed the basis for the disclosure, and the parties to whom the information was disclosed. See § 99.32(a)(5).”
    .
    What is an education record?
    .
    Education records are records that are directly related to a student and that are maintained by an educational agency or institution or a party acting for or on behalf of the agency or institution. These records include but are not limited to grades, transcripts, class lists, student course schedules, health records (at the K-12 level), student financial information (at the postsecondary level), and student discipline files. The information may be recorded in any way, including, but not limited to, handwriting, print, computer media, videotape, audiotape, film, microfilm, microfiche, and e-mail.
    Source: 34 CFR § 99.2
    .
    What types of notification do local educational agencies (LEAs), i.e., school districts, have to make to parents about the Protection of Pupil Rights Amendment (PPRA)?
    .
    There are three types of notification an LEA must provide parents and students. The first one is a general notification of their rights under PPRA.
    .
    The second notice is a notification of specific events. The following activities require notification:
    .
    Activities involving the collection, disclosure, or use of personal information collected from students for marketing purposes or for selling that information, or otherwise providing it to others for that purpose;
    .
    The administration of any survey containing one or more of the eight protected areas listed above: and
    Any nonemergency, invasive physical examination or screening that is: (1) required as a condition of attendance; (2) administered by the school and scheduled by the school in advance; and (3) not necessary to protect the immediate health and safety of the student, or of other students.
    .
    The third notice is a notification of the policies LEAs are required to develop, in consultation with parents, under PPRA. The LEA shall provide the notice at least annually, at the beginning of the school year, and within a reasonable period of time after any substantive change in the policies.
    .
    Who are considered “appropriate parties” that may receive information under the health or safety emergency exception?
    .
    Typically, local or state law enforcement officials, public health officials, trained medical personnel, and parents (including parents of an eligible student) are the types of appropriate parties to whom schools may disclose information under this FERPA exception. An appropriate party under the health or safety emergency exception to FERPA’s general consent requirement is a party whose knowledge of such information is necessary to protect the health or safety of the student or other persons.”
    .
    To Governor Dunleavy and to Acting Alaska Department of Education Commissioner Heidi Teshner, we respectfully request you: (a) review this Anchorage School District policy and (b) determine whether it conflicts with U.S. Department of Education policy regarding student education records.

    • Interesting research. I think it is on the right track to question the validity of bringing HIPPA into the Title IX arena. This kind of transmutation seems ripe for litigation. If I was an ASD employee I would think twice before going down this path. “Could I be individually liable in litigation brought by a parent?”

      • A public employee may have limited personal immunity unless he or she is working outside delegated emolument express authority. If he is trespassing emolument authority then that public servant has NO immunity whatsoever. We cannot pay them to do anything but his job. That would be fraud. It may be currently a popular custom to expansively grow one’s authority but no immunity if you do it. Have stubborn fun.

    • Agree. Similar to what’s happening with Muni Assembly Members’ actions, it appears both ASD elected officials and individual ASD employees may be individually liable for personal/individual litigation.

    • Cliff Notes version: Generally, anyone under eighteen is considered a minor and cannot legally exercise their rights under HIPAA. Instead, HIPAA considers the minor’s parent or guardian to be their “personal representative.” The Privacy Rule authorizes a personal representative to exercise the minor’s HIPAA rights on their behalf.

    • You are missing the point Matt. This isn’t to “protect” the very few transgender students. This is a way to make more of them. It only takes some activist teachers to talk about this stuff in class disguised as biology or sex ed (like keeping explicit books in the library/their classroom or reading them in class) or interpret what kids say/do to fit their agenda? “Oh you are playing on the monkey bars young girl you must really be a boy” …. Young kids are very impressionable and take most things at face value, as they have no experience to weigh, if what is being said or done is appropriate. This is too keep the indoctrination secret.

  12. I’m so scared for the parents that have kids? In all schools! Bless your hearts and keep
    Fighting for your kids! Been there! Hated it!

  13. Not so secret now, this needs to be shut down.
    Parents communicate with your kids, build strong relationships with your children, so when these perverse people try to influence your children ,your kids speak out,and talk to you about it, tell your kids to get up and walk out, they don’t have to sit and take abuse from these perverts.

  14. We all need to remember their names, and where they live when all this comes to my head. They are not worthy to teach anybody’s kid. And we wonder why test scores have gone down yet they want more money. ASD is not worth a plug nickel. Parents get your kids out.

  15. The authority the ASD cites is four federal sources from 5 months after Biden came into office and misinterpreted Hippa regulations blindsiding parents of 6 th graders and older from knowing the ASD is transitioning their child. Hire a contingency fee trial lawyer to sue the ASD and ASB. Principals and teachers are compelled to obey such satanic and depraved rules. They compel you to send your child to school and submit your child to their perverse thoughts. Have an aggrieved parent as plaintiff and a non profit against child molestation group, an attorney can form in a couple of hours, also as plaintiff. Only lawsuits will end this depravity. You raise a child so your genes and legacy is passed on and these thieves transition your life purpose and dream into a Darwinian end of generational life to satisfy their envy; Neo- Marxist victim hood of self hatred and twisted narcissism. There is nothing more important than your legacy and you currently stand by like hapless victims. Start calling Alaska trial lawyers and there will be no attorney fee costs to you and you may win a 6 figure verdict as your reward and bounty for rounding up the potential child molesters plotting to spay or neuter your child and your own legacy from being carried on. Your attorney will be paid for by the defendants and their insurance companies in accordance with Alaska law when your attorney wins the case. They do this every day in personal injury lawsuits and I can not think of a personal injury bigger than someone co- opting your child and legacy to assuage their twisted mental instability except death itself. Their sickness is to cause death to your genetic line by nullifying your child’s ability to reproduce. The motive they chant in public pride marches is, ‘we’re here, we’re queer, and we’re coming for your children.’ How much more proof do you need? Wake up!

    • I Agree 100 percent, although six figures is not enough for damages when it comes to our kids. The same personal lawsuit logic must be carried out regarding the documented illegal actions taken by Anchorage Assembly members (and any elected state official) who believe they are protected from personal lawsuits. Bankrupt them for destroying this place.

    • Not everyone supports God’s gift of a human family. Baby mammas don’t. Divorcee’s don’t. Athiests don’t. Womens’ libbers don’t. Democrats don’t. Government social workers don’t. Rascists don’t. So keep praying.

  16. Now would be a grand opportunity for Eaglexit sponsors to explain how this situation, and events leading to it, will never happen in Eagle River Schools.

  17. Was trying to shame people into being active in their local campaigns and elections and maybe start to give a damn. Have been involved in politics for more years than I care to count but certainly wasn’t expecting a 5 paragraph lecture. People have a tendency to read a 3-4 line comment before a 5 paragraph lecture.

    • Our bad.
      .
      Mistook the writer for someone interested in intelligent discourse, worth five paragraphs, with an attention span longer than a 3-4 line comment.

  18. Some how this comes to mind….. “Whoever has the youth has the future.”
    Take the parents away from the children and you can Indoctrinate them as you wish.

    In his book Mein Kampf, written in the 1920s, Hitler said, “Whoever has the youth has the future.” Even before they came to power in 1933, Nazi leaders had begun to organize groups that would train young people according to Nazi principles. Seems much of what is happening in our schools today resembles Nazi tactics.

    It’s scary……. History does seem to repeat it’s self

  19. My sister is a school nurse and works all over the Anchorage Borough School District, keeping track of where the Epi-pens are located, overseeing hypoglycemia and hyperglycemic episodes, children with upset tummies, pulled muscles, sprained ankles, sudden difficulty with breathing, updating shot records, changing traches, advising parents and children about her observations, checking the usual owies and ouchies, and sometimes just making sure that there’s a cot available for a child that needs to lay down for a spell; so just who is interested in these records about the gender of children? Is this some bureaucratic tape? Does the school district use these records for estimating if enough girls bathrooms are available, or purchasing sanitary napkins, or ensuring that the child’s needs are met.

    You have to look at the intention of all the ballyhoo. I’m pretty sure there’s no conspiracy involved, and whatever it’s getting at only involves a small number of children. As I get older and older, I keep saying, I’m glad I’m not raising a child in this (whatever) time. When my first child was in elementary school, I walked to school with him every day. With my younger child, since I worked the night shift, I’d pop in to see what was going on as a lunchroom or recess monitor, as well as later on volunteer with kindergarteners and first graders in helping to read. It’s never easy to care for all the facets of a child’s life, but developing an advocacy relationship with them is important. I always wished, despite so many younger brothers and sisters in my family, that there were free basic parenting classes offered through the health department or elsewhere –not that I’d necessarily use them for anything other than informational purposes, but … .

  20. Question: What was your point with this comment?
    Also there is no Anchorage “Borough” School district. Anchorage is an incorporated municipality.
    It does not bother you that the principal and an unnamed “Title IX coordinator” get all this info about your child, but you the parent aren’t even included in the discussion? In essence a government entity is making decisions/plans for your child without your knowledge or approval. You think this is NOT nefarious?
    As Morrigan so deftly illustrated neither HIPAA nor FERPA grant any educational institution any type of power to unilaterally eliminate parental consent for minors.

    • An Anchorage “teacher” told me that the info inputted about the child can go directly to the president if he wanted and that’s one of the reasons she retired. I have no credible reason to disbelieve her.

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