A federal judge temporarily blocked three school districts, including Plano ISD, from implementing parts of a new Texas law restricting diversity, equity and inclusion programming in public schools last week.
Judge Charles Eskridge with the U.S. District Court for the Southern District of Texas in Houston barred the districts — Houston, Katy and Plano ISDs — on Friday from enforcing portions of Senate Bill 12. The law, which took effect Sept. 1, prohibits public schools from sponsoring gender and sexuality alliance clubs and rolls back programming related to race, gender and sexual orientation.
“This is a critical victory amidst a surge of state-sponsored discrimination,” Brian Klosterboer, an attorney for the American Civil Liberties Union of Texas, said in a news release. “We will continue advocating for the rights of every student, parent and educator in Texas to be able to live and speak freely, authentically and safely in and surrounding K-12 schools.”
The temporary block only applies to those three districts. Plano ISD did not immediately respond to a request for comment.
The Education Lab
The federal judge’s ruling applies to four sections of the law: the bans on gender and sexuality alliance clubs; “diversity, equity and inclusion duties”; assistance with students’ “social transitioning”; and instruction, guidance and activities related to sexual orientation or gender identity.
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The lawsuit was filed in August by the ACLU of Texas, the Transgender Law Center and the Baker McKenzie law firm on behalf of a Plano ISD teacher, the Texas teacher’s union, two students, a youth advocacy group and a coalition of LGBTQ clubs. Texas Education Commissioner Mike Morath and Plano, Houston and Katy ISDs were named as defendants.
Court documents show that at least one Gender and Sexuality Alliance group in Plano ISD disbanded ahead of the law’s implementation. One student decided to be homeschooled because the club shut down “and the fact that their affirming name and pronouns will no longer be respected by teachers and staff,” court documents read.
Texas AFT, the teachers’ union, said it has already received a “high volume of inquiries” from members about the law’s meaning and worried about its “harsh professional consequences.”
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Among other provisions of SB 12, schools cannot instruct, guide or offer programming on LGBTQ identity. Nor can they assist transgender children in social transitioning, including using new names or pronouns, according to the law. Critics have compared Texas’ law to Florida’s “Don’t Say Gay” law, which prohibits discussing homosexuality in schools.
The law also bars schools from discussions and hosting events related to racial identity, like programming celebrating Black, Latino, Asian and Indigenous history and training on cultural awareness.
Eskridge also removed Morath from the lawsuit, ruling that plaintiffs “lack standing to pursue action against him.” He determined the plaintiffs could not prove their alleged injuries were “traceable” to Morath.
The judge said the three districts did not give their position on the merits of the law. While the districts did not defend SB 12, their actions enforced it, he said in his opinion.
“Declining to take a position on such basis isn’t an available option — or at least, failing to do so comes with procedural consequences,” he wrote.
He ordered Plano, Houston and Katy ISDs to state their positions on the law within the next two weeks and whether they plan to seek representation from Texas Attorney General Ken Paxton’s office.
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The DMN Education Lab is a community-funded journalism initiative, with support from Bobby and Lottye Lyle, Communities Foundation of Texas, The Dallas Foundation, Dallas Regional Chamber, Deedie Rose, Garrett and Cecilia Boone, Judy and Jim Gibbs, The Meadows Foundation, The Murrell Foundation, Ron and Phyllis Steinhart, Solutions Journalism Network, Southern Methodist University, Sydney Smith Hicks, and the University of Texas at Dallas. The Dallas Morning News retains full editorial control of the Education Lab’s journalism.