What’s more ironic than the fact that a group who says their entire mission is “anti-bullying” bullied their way into a Charter School commission decision that appears to be invalid if not illegal?
If you’re unfamiliar with the school or its proposal, the original charter school application for the Magic City Acceptance Center can be found here, and the amended application submitted in July of 2020 here. The applications specifically state that it will be an “LGBTQ-affirming learning environment” for sixth through twelfth grades or students ages eleven to eighteen.
The Alabama Charter School Commission denied the school’s application on May 12, April 23, and again on September 10. The Birmingham City School board also rejected it in January 2020. Four commissioners voted yes during the September vote, three commissioners voted no, and one abstained, denying the charter. The process laid out by the state should have required another application and six months before another vote was held, but that’s not what happened.
Instead, on an ordinary meeting notice for November 4, 2020, was an agenda item, “Consideration of Request by Magic City Acceptance Academy.” Note this is different than the notice language that would have been included were the chairman of the board not so insistent he pass the charter without following the Alabama Open Meetings Law. This law requires such boards and commissions to be honest in their agenda. For instance, agendas with votes have always been more specific; the May 12 meeting agenda said, “Vote on the Approval or Denial of Breakthrough Charter School”, and the Sept. 10 meeting agenda specifically said, “to consider whether to approve or deny four charter school applications.”
It’s hard to imagine a world where the segregation of students, voluntary or not, based on sexual orientation doesn’t violate Title IV protections. Beyond that, the school appears to violate Alabama’s school choice law itself.
The process, however wrong or potentially illegal it was isn’t the only problem, though. The real problems go way beyond the process of getting the school approved or if it is a violation of state and/or federal laws.
Here are the simple non-legal arguments against the school:
1) If the problem this school is meant to fix is the exclusion of the LGBT+ community in public schools, then the solution is not to exclude them further and leave those students within the community still in public schools even more alone.
2) If the problem is too much bullying, then in what world is the solution to make or encourage the victim or target move schools? Wouldn’t it be best for everyone to make sure the school and administrators are protecting the students to promote kindness and inclusion? Alabama law already protects students against bullying. In 2009, the legislature passed the Student Harassment Prevention Act.
3) If the concern is the mental health of these students, and yes, depression and anxiety should not be ignored as statistically, it is worse in this population than in that of students who do not identify as LGBTQ+, then why not work harder as a state to provide these much-needed resources to the entire population of students, not just a select few? If a student’s mental illness requires full-time special attention and specialized education to make them feel valued and not suicidal, this is a medical situation that no school, including a charter school, should be handling. Instead, families should seek professional medical care and interventions.
3) The school says it’s for LGBT+ students and their allies. Who defines an ally? What if someone lives in a household that teaches their children to respect one another but also teaches that a child isn’t capable of making a decision about their sexuality or their gender dysphoria until the age of adulthood? What level of support by students and their families is required, and how is it decided? Alabama state law says there can be no test required to get into a charter school. This seems like it’s a set-up or workaround for a test.
I’d consider myself an ally to the LGBTQ community. I welcome inclusion and kindness for all. I believe adults fully capable of making decisions for themselves can decide to live however they’d like. However, my adamant opposition to medication or surgery for those under the age of 18, my support of the GIRLS Act, which protects female athletes, and my use of gender-specific scientific language based on biology (aka women have babies and periods) have caused others to decide I’m not a 100% ally. Who’s going to be quizzing the school children, and at what point does having differing views cause you to be kicked out or be unwelcome?
4) What parts of the curriculum will be related to sexuality? The school starts in 6th grade. Rightfully so, no other schools cater to the sexuality of children that young. What will the teachers teach about gender and gender dysphoria or other ideas not founded in science? The number of genders that some in the LGBTQ community embrace and types of sexual orientation is ever-growing (with one site describing 47). How many do they teach at this school that focuses on inclusion and sexuality?
But if they were not enough, here are the legal arguments against the school:
1) The meeting where the commission approved the Charter was clearly intended to do so. There’s no reason to doubt that based on the Chair’s prior comments and pushing and the berating of members of the commission. The meeting notice was purposefully deceitful and arguably ran afoul of Alabama’s Open Meetings Act.
2) The authorizing bill specifically states, the authorizer shall not approve an application that includes “admissions requirements for entry.” The school has set an admissions requirement that students be either LGBTQ or an ally to the LGBTQ community. The term ally again having no formal definition, which at best is simply subjective and at worst discriminatory towards those with deeply held religious beliefs.
3) A school based on the affirmation of one’s sexuality or gender dysphoria inherently excludes students of several major religious backgrounds and beliefs. Alabama Student Religious Liberties Act of 2015 protects students’ rights to express their beliefs. This school’s application makes it clear that students with deeply held beliefs should not apply and are not welcome. This is why this school should be a private school, not a charter school.
I’ve had these objections for months. It’s common sense to know that a stand-alone school based on sexuality is terrible. That hasn’t stopped the bullies pushing it through to do anything but attempt to paint its opponents as bigots.
So how did this school, after THREE bites at the apple, get approved? It’s simple; the commissioners were bullied and coerced into passing it that was wrongly brought back up and snuck through when the world was watching the presidential election.
This Charter school is wrong for the students and the state. This decision should be challenged and should be overruled. The state legislature needs to close the loophole that allowed this segregation to occur.
That’s exactly what I’m calling on Governor Kay Ivey, Lt. Governor Will Ainsworth, the Speaker of the House, and the Senate Pro Tempe, and other lawmakers to address and tackle this issue.
