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Lawsuit challenging transgender guidelines at Mesa Public Schools dropped by judge

The lawsuit was filed by one of the school district's board members.

MESA, Ariz. — A Maricopa County judge has dismissed a lawsuit filed against Mesa Public Schools that challenged policies regarding how the large East Valley district treats transgender students.

Board member Rachel Walden filed the lawsuit last November, which asked the court to throw out guidelines supporting transgender and gender non-confirming students. 

The legal complaint accused MPS of maintaining an "unlawful policy... that helps students to transition gender at school and to hide these transitions from parents," records show.

The school district filed a motion asking the court to dismiss the case and Judge Danielle Viola granted the motion on July 19.

"Defendants assert that Plaintiffs’ request is really a request that the Court require MPS and (Superintendent) Fourlis to act in a different way," the judge's ruling states. "The Court agrees. Plaintiffs have not identified any law that requires Defendants to adopt or implement a specific policy."

The judge further concluded that the "mere fact of disagreement" over a district's policies does not give rise to a "justiciable controversy."

"Plaintiffs are asking to the Court to substitute its judgment for that of the Board and MPS in adopting and implementing a policy. The Court declines to do so," the judge wrote.

The judge ultimately concluded the plaintiffs did not have standing to bring the present claims.

In a statement Monday, the district said throughout the legal process it has maintained that the lawsuit's claims were "unfounded."

"This victory reinforces Mesa Public Schools’ commitment to providing our students a high quality education in a safe and caring environment as we continue to deliver on our promise to know every student by name, serve them by strength and need so they graduate ready for college, career and community," a spokesperson for the district said in a statement.

   

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