‘Continues to suffer’: Johnson County mom sues, says school failed to keep trans son safe

A Leawood mother is suing the Blue Valley school district, alleging that school officials failed to protect her transgender son as he faced relentless harassment and bullying.

The federal lawsuit, filed late last week, claims the Leawood Middle School student faced severe mental health issues, leading him to self harm, as classmates bullied him while often using a slur. The mother accuses school officials of refusing to appropriately address complaints or provide a safety plan for her son, saying they violated his constitutional rights and failed to fulfill their obligations under Title IX, the law that prohibits sex discrimination in schools that receive federal funding.

The boy is not named in the complaint, and instead is only referred to by his initials, because he is a minor.

In a statement to The Star, Blue Valley district officials said the district “takes all allegations of bullying and discrimination seriously. We are committed to providing a safe and inclusive environment for all students.”

Officials said they are unable to comment on an individual case or pending litigation.

But they added, “Our district is dedicated to adhering to Title IX regulations and ensuring that all students are treated with dignity and respect. We remain focused on our mission to foster a supportive educational environment where every student can thrive academically, socially and emotionally.”

The mother’s attorney Stephen Williams did not return The Star’s request for comment by Tuesday afternoon.

The lawsuit says the boy attended Leawood Middle School during the 2021-2022 school year, where he had a 504 Plan because he was diagnosed with ADHD and social anxiety. The year before, the student began to identify as a transgender male, information that was reportedly included in his 504 Plan.

The mother said the plan was slowly rolled out, resulting in staff initially identifying the boy by his birth name during attendance. Fellow students caught on to his name and identity change.

Students allegedly created a 6th grade Snapchat group, which included the boy, where transphobic and homophobic messages were shared. And the boy started getting bullied inside the classroom as well, the lawsuit says. The mother said she asked school officials to conduct sensitivity training, but was denied.

After the mother raised concerns in the fall of 2021, the school put the boy in contact with a social worker. As he continued to experience bullying, he expressed suicidal ideations. He was diagnosed with depression and started to self harm.

In mid-December, the lawsuit claims a new student transferred to the school and began bullying the boy, making comments about him being transgender and accusing him of being a pedophile. The student allegedly spread rumors that the boy was making terrorist threats.

That resulted in the entire 6th grade class being evacuated, the lawsuit says, but school staff allegedly did not inform the mom or her son that he was at the center of the rumor until he started receiving messages from other students about it.

The mother claimed that school administrators offered no recourse on how to deal with the ongoing bullying. The boy did not return to school for the rest of the semester. When he returned to class for the spring semester, his mother reported continued sexual harassment from students, who used a gay slur against the boy and referred to him by his dead name.

In March, the mother pushed for her son to be placed on a reduced class schedule, which the then-principal agreed to. But the bullying continued, with fellow students allegedly starting a TikTok account where they posted videos of the boy walking to and from school.

The mother complained, but said school officials took no action. She said she contacted the students’ parents, who she said were either unapologetic or denied their child’s participation. She said the TikTok account was eventually taken down.

The boy saw a new psychiatrist, increased his medication, went to a new therapist and began additional treatment at Johnson County Mental Health, according to the suit.

In April, a classmate stood up in the cafeteria and harassed the boy, including calling him a slur. The suit says administrators gave the student one day of in-school suspension.

The mother claims administrators did not investigate her complaint about the sexual harassment or initiate Title IX proceedings to address it. She says the boy repeatedly was harassed and discriminated against, and argues that should have launched a Title IX complaint and investigation process.

The same day in April, the boy attempted suicide. He was taken to an in-patient facility.

The suit says the continual harassment harmed the boy’s mental health, “almost costing Plaintiff his life.”

The mother asked school staff for a strict safety plan for her son, and once again asked for sensitivity training. School officials allegedly requested the boy return to school with no clear safety plan.

The suit argues that officials insisted the boy “return to school alongside his harassers, whom he shared multiple classes with, without providing any actionable steps to immediately create a safe learning environment and prevent further sexual harassment.”

Officials offered an accommodation, the suit says, which included freezing the boy’s grades and create a pass/fail system to alleviate stress from his classwork.

The mother pulled the boy out of the school.

The boy, the suit says, “continues to suffer gravely from the sexual harassment endured at LMS,” including having to move schools and “deepened traumas as it relates to trust and social anxiety, deepened depression, and continued suicidal ideations and attempts.

“These things are the direct result of Defendants’ lack of care for his concerns, of policy, and of procedural training to adequately carry out any generalized or focal policies as it relates to sexual harassment and abuse in their jurisdiction.”

In addition to the Title IX claim, the lawsuit accuses the district of violating the student’s 14th Amendment rights, and claiming it failed to adequately train staff and investigate reports of discrimination. The mother is seeking compensatory damages, including costs related to money lost and emotional pain and suffering.

The lawsuit comes amid fierce opposition to the latest iteration of Title IX, issued by the Biden administration. It clarifies that the law prohibits discrimination based on sexual orientation or gender identity, ensuring LGBTQ students are entitled to a response from their school under Title IX. Five Republican attorney generals are now challenging the federal regulation that strengthens protections for transgender students.

Over the past few years, districts across the Kansas City metro and country have considered changing policies that affect transgender students. Johnson County districts have grappled with setting new policies for addressing transgender and nonbinary students by the names and pronouns they use, for example.

Meanwhile, there has been a national wave of bills regulating the rights and lives of transgender Americans. Last year, the Kansas Legislature passed a new law barring transgender residents from single-sex spaces inconsistent with their sex assigned at birth.

On Monday, the Republican-controlled Legislature failed to override Democratic Gov. Laura Kelly’s veto of a ban on gender transition surgery and hormone therapy for minors, meaning transgender youth will continue to have access to the care.