A Demand Letter was delivered on April 18, 2024 to:

Dexter Community Schools:

• Superintendent Christopher Timmis

Members of the District Board of Education:

• President Mara Greatorex;

• Vice President Elise Bruderly;

• Treasurer Dick Lundy;

• Secretary Jennifer Kangas;

• Trustee Daniel Alabré;

• Trustee Brian Arnold; and

• Trustee Melanie Szawara

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The Complaint for Violation of Constitutional Rights Pursuant to Policy 2418, specifically the discriminatory nature of this policy, which we believe violates rights under the Equal Protection and Due Process clauses of the Fourteenth Amendment, Freedom of familial association under the First and Fourteenth Amendments, and right to Free Exercise of Religion under the First Amendment, as well as the protection of state law under MCL § 380.1507.

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In practice, the Dexter Community Schools District has an inconsistent and arbitrary record of recognizing when and what topics fall outside health classes, but under the inclusive definition of sex education.

 

The issues are two-fold; first, based on experience, coupled with the text of District Policy 2418, our clients have no confidence they will have consistent prior notice in order to engage in opt-out discussions. Second, the lack of consistency directly harms and threatens further harm to their parenting styles, ability to direct the upbringing of their children according to their religious values, as well as their parent-child relationships.

 

As summarized in Troxel v. Granville, 530 U.S 57, 66–68 (2000), the U.S. Constitution recognizes the fundamental parental right to direct the upbringing of their children. 

 

The recent ruling by a United States District Court in California, Mirabelli v. Olson, 2023 WL 5976992 (S.D.Cal., 2023), underscores the importance of upholding constitutional rights in educational settings.  The court’s preliminary ruling in favor of the teacher-plaintiffs denied qualified immunity to school district personnel who violated constitutional rights of the plaintiffs, reinforcing the accountability of teachers and school officials for their actions. 

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In light of these legal precedents and the constitutional principles at stake, our clients demand that the Dexter Public School District:

1. Immediately revise Policy 2418 to ensure all parents have the right to opt-out of any sex education material, regardless of the class in which it is taught;

2. Implement a system to notify parents about all sex education topics discussed in any class, restoring the right to informed decision-making; and

3. Assure compliance with opt-out rights across all classes and subjects.

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