The State of Indiana, perhaps in a desperate attempt to catch up with the serious hardcore crazies in competing red states such as Oklahoma, Texas, or Florida, recently passed HEA 1608, a piece of legislation whose actual wording is a bit of a mess but whose intent is quite clear – Stop Indiana Public School Teachers From Turning So Many Kids LGBTQ+!
The first provision prohibits school employees from providing “any instruction to a student in prekindergarten through grade 3 on human sexuality.” At least one educator has already challenged this bit with help from the ACLU, but so far hasn’t had much luck with that.
The second provision is far more comprehensive and potentially even more dangerous. It reads, in part…
Chapter 7.5. Parental Notification Regarding Identification
Sec. 1. As used in this chapter, “school” has the meaning set forth in IC 20-30-17-1.
Sec. 2. (a) A school shall notify in writing at least one (1) parent of a student, if the student is an unemancipated minor, of a request made by the student to change the student’s:
(1) name; or
(2) pronoun, title, or word to identify the student.
(b) Not later than five (5) business days after the date on which a school receives a request described in subsection (a), the school shall provide notification to a parent as required by subsection (a).
The goal here is obvious – to “out” LGBTQ+ kids who are for whatever reason afraid to talk to their families about sexuality. I realize all situations are different, but if you’re 17 and terrified of what happens if dad finds out you’re trans, there’s usually a pretty good reason for that. In other words, our state lawmakers want to bully and marginalize kids who are already more likely to be abused, depressed, or suicidal, and to use the power of the state to do it.
Because “family values,” amiright?
I can’t help but notice, however, some of the things this law does NOT say – at least according to my untrained, humble public school teacher understanding:
- It does not prohibit teachers from calling kids by other names or pronouns if both parties are happy with the choice
- It does not stop teachers from asking students what their friends call them or seeking permission to do use similar designations
- It does not require an official report if someone’s close friend shares their preferred names or pronouns with an educator, just in case they wanted to know
- It doesn’t require teachers to contact parents to “out” their kids for being gay or otherwise LGBTQ+ in general (i.e., it’s very specific about the names and pronouns thing)
- It doesn’t limit the requirement to gender-based changes – which I find to be the oddest part.
As I read this text, when I take attendance on the first day, I’m legally required to make note of ANY clarification or request by a student as to what they’d like to be called in class if it varies in the least from what’s on the paperwork in front of me. Based on years past, that means I’m going to be sending at least 30-40 letters home in the first week.
In order to reduce the paperwork load, and in hopes of providing a service to other Indiana educators (or anyone teaching in a state with similar legislation), I offer the following form letter to be printed on school letterhead and mailed out as necessary. As written, you need only fill in the full legal name of the student in question and sign it at the bottom. HEA 1608 – at least as I understand it – doesn’t require anything more specific than that.
Dear Parent and/or Legal Guardian of {full legal name of student as recorded in school records}:
As you may know, the Indiana State Legislature recently passed HB1608 which says, among other things, that…
A school shall notify in writing at least one parent of a student, if the student is an unemancipated minor, of a request made by the student to change the student’s:
(1) name; or
(2) pronoun, title, or word to identify the student…
Although in any other context, the phrase “to change” would suggest a bureaucratic process leading to a new legal designation for the student in question, even the Indiana State Legislature likely realizes that’s not something schools have the authority to initiate. We can therefore assume the careless wording refers to any request by a student to be called by any terminology other than what’s indicated by their official school records or offered by school officials’ best interpretations thereof.
Possible examples of events triggering this reporting requirement would thus include –
- a “Christopher” who prefers to be called “Chris”
- a “Samuel” or “Samantha” who goes by “Sam”
- students known by variations on their last name or other nicknames – “Dubs” instead of “Steve Dubenheimer” or “Hansen” instead of “Monica Hansen”
- an “Elizabeth Banos Rodriguez” who insists that “Banon” is her surname rather than “Rodriguez”
- “Deshawn Washington” who should know by now that NO ONE is going to call him “DJ Washboard” no matter how many times he asks
- Janine Jorikowski who hates being called “Miss Jorikowski” even though it’s clearly intended as a sign of respect and I called all of my students by their last names that year but she swears she “hates that man” and “after what he did” she “shouldn’t have to be reminded of him every day with that name” (Between you and I, Janine has always been a bit dramatic – we’d hoped her therapist would have had more success with that by now.)
- “Antonio” who looks pretty much like a dude but clearly spends way too much time on his hair and and asks to be called “Toni” and sometimes wears an earring although I overheard him tell his friends that if his brothers or uncle ever found out they’d “beat the $#%* out of him”
- “Katherine” who we’re pretty sure is a girl but doesn’t dress like one or act like one and all her friends call her “Kat” or “Kato” and use “they/them” so what’s MY problem
- “Jordan” who I honestly thought was a guy the first day of school because of the short hair and tomboy clothes but who turned out to be a girl and protested being called “he” while I was taking attendance (I’m not sure whether or not this technically qualifies, but she did specifically ask to be called by a different pronoun than the one I used, so…)
- “Erica” who reads too much into it when I periodically call her “Sunshine” (perhaps a bit sarcastically – you know, to build rapport) and reminds me (rather rudely, I might add) that “MY NAME IS ERICA!”
- “Jonah” who thinks it’s weird when I refer to him as “my man” or “bro” and asks me to please simply stick with “Jonah”
- “Dante” who has feline facial tattoos and dresses like a 19th century French prostitute (his description – not mine) and insists on being known as “Madame Faux Pas” (which is apparently supposed to be a play on “four paws,” but who thinks THAT’s clever?!?)
Until the state legislature chooses to clarify its language, I have no choice but to proceed according to my best understanding of what it actually says. You are therefore receiving this letter because your student has triggered one or more of the reporting requirements of this legislation as illuminated by these examples. Thank you for your time, and feel free to contact me if you have any questions or concerns.
–{Signature}, who as an actual person in the eyes of the law has a great deal of control over what I choose to be called
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