Demand Accountability: PUSD Must Protect Parental Rights After Mirabelli v. Olson
Parents have a fundamental federal constitutional right, protected by the First and Fourteenth Amendments, to be informed about their child’s well-being.
Poway Unified School District Priorities promise "Focus and Accountability" and "Community Engagement." However, current leadership is failing to meet these standards. When alerted to policies that are believed to violate federal law, not to mention raise serious moral concerns, Superintendent Ben Churchill dismissed the concerns as "premature."
The federal permanent injunction in Mirabelli v. Olson is not a suggestion—it is a clear mandate. It affirms that the First and Fourteenth Amendments protect a parent’s right to be informed about their child’s well-being. By choosing to "rely on" the California School Boards Association (CSBA) instead of upholding constitutional rights, PUSD puts its federal funding and its relationship with parents at risk. True accountability means following federal law, not waiting for a permission slip from the CSBA.
Take Action: Email Your Trustee Today Ask your Trustee to support bringing PUSD’s policies into alignment with the Mirabelli v. Olson ruling.
Michelle O’Connor-Ratcliff (President) Area D: Send Email
Heather Plotzke (Vice-President) Area C: Send Email
Tim Dougherty (Clerk) Area A: Send Email
David Cheng (Member) Area E: Send Email
Ginger Couvrette (Member) Area B: Send Email
The Mirabelli v. Olson Decision: A Turning Point for Parental Rights in Poway Unified
For years, many parents and community members within the Poway Unified School District (PUSD) have expressed concerns regarding “secrecy” policies - protocols that effectively give staff permission to withhold information from parents regarding their child’s gender identity or social transition at school.
A “first-of-its-kind, class-wide, precedent-setting” ruling by a California federal judge has now shifted the legal landscape. The permanent injunction in Mirabelli v. Olson declares these “secrecy” policies UNCONSTITUTIONAL, marking this a significant win for family autonomy and transparency (@ThomasMoreSoc).
Key Legal Documents:
• Order Granting Class-Wide Permanent Injunction • Order Granting Summary Judgment in Favor of Plaintiffs
Why this Matters for PUSD Families
Parents have a fundamental federal constitutional right, protected by the First and Fourteenth Amendments, to be informed about their child’s well-being (including signs of mental or medical conditions/care) and religious upbringing. This specifically includes being notified if a child expresses gender incongruence at school.
Protecting Teachers’ Conscience
The ruling also held that public school teachers and staff have a First Amendment right to free speech and free exercise of religion, which protects them from being forced by state policies to conceal information from parents or to use names and pronouns that violate their deeply held religious beliefs.
PUSD must audit its existing plans and practices to provide a path that restores the partnership between home and school. This ruling should end an era of staff fearing discipline for refusing to participate in driving a wedge between a parent and child.
