Human Rights Campaign Foundation Sues Florida School District and State Department of Education on Behalf of Mother of Transgender Student After a Year Long Retaliatory[...]

COCONUT CREEK, Florida - Today, the Human Rights Campaign Foundation, the educational arm of the nation's largest lesbian, gay, bisexual, transgender and queer (LGBTQ+) civil rights organization, and the law firm of Arnold & Porter, filed a lawsuit against Broward County Schools and the Florida Department of Education on behalf of the mother of a transgender student athlete and employee of Monarch High School after an over eight-month long investigation of allegedly violating SB 1028 (2021), a law that bans transgender girls from playing on girls sports teams at schools.

Jessica Norton has been at the epicenter of the investigation and was suspended for 10 days and demoted from her position at Monarch High School. The suit alleges that the Broward County School Board, School District leadership and officials, and the Florida State Department of Education violated Ms. Norton's rights under Title IX of the Education Amendments Act of 1972 and the First Amendment to the United States Constitution by initiating an employee investigation and ultimately disciplining her in retaliation for filing a lawsuit challenging SB 1028 on behalf of her daughter, a form of core political speech.

"For the past eight months, my family has lived in a constant state of limbo and uncertainty-this abusive investigation has added unimaginable stress to our lives. At every step of the process, I have been disregarded by the District both as a parent and dedicated employee," said Jessica Norton. "I had to sit through an interview where the special investigative unit detectives insisted on referring to my daughter as my son, using he/him pronouns- refusing to use her legal gender - and refusing to use her legal name. I had to read materials in the investigation in which the same detectives referred to my daughter as 'it.' District leadership tried to ruin my life, but instead they destroyed the life of an innocent 16 year old girl."

"What this school district has put this family through is cruel and immoral. The Broward County School District has failed at every step to provide Jessica Norton and her daughter with the protection and due process they deserve, let alone any dignity or respect-the Nortons deserve justice," said Kelley Robinson, Human Rights Campaign President. "The Nortons were living their lives until the district thrust them into a biased, inflammatory investigation. Jessica Norton isn't just courageous - she's the kind of parent every child deserves. She stood against a system that weaponized her love for her child against her livelihood."

Norton, on behalf of her daughter, brought a lawsuit in 2021 against the Broward County School District, State Education Department, and Florida High School Athletic Association challenging SB 1028, the very law she was punished for having violated, even though it can only be enforced against schools. On Nov. 21, 2023, a Broward School Board member reported that they had received an "anonymous tip" indicating that a transgender student was playing sports at Monarch High School-that student being Norton's daughter. The School Board, Superintendent, and senior District leadership were all aware who Norton's daughter was and that she continued to play volleyball at Monarch High School. No one in the District told Norton that her daughter could not play sports. However Norton, who has no responsibility for setting or maintaining policy regarding athletics, is the only employee who was suspended and reassigned.

The lawsuit filed today in the Southern District Court of Florida details how the Broward County School District and Florida State Board of Education unlawfully retaliated against Norton for reporting sex-based discrimination by anonymously suing the School District and state of Florida for violating Title IX.

JESSICA NORTON HAS RECEIVED POWERFUL COMMUNITY SUPPORT:

"Her unwavering support and dedication to her students went far beyond the confines of her office, fostering an environment where we felt valued, challenged, and empowered to reach our fullest potential. Mrs. Norton's guidance extended well beyond academic matters," said Lincoln Le, Monarch High School 2020 Class President. "She took the time to listen to our concerns, offer invaluable advice, and provide a safe space for us to navigate the challenges of high school life. Her genuine care for our well-being and her ability to relate to us on a personal level made her a trusted confidante for many of us during those formative years."

"Jessica Norton makes a positive impact on all she comes into contact with. Jessica was always there for my kids through all their years of schooling from Elementary PTA Volunteer to Monarch High School Employee," said Brandy Drabik, parent of a Monarch High School student. "She has always provided a safe place and someone to talk to on bad days. High school is a scary place and Jessica being at the school always gave me comfort as a mother that they had a friend and someone to go to."

"This mom was doing everything right. She was making sure her child was happy, healthy, attending school, and getting good grades. She was affirming her child, providing for her family, and creating a loving household. To retaliate against a mom for simply affirming her own child is wrong, and goes against our rights as parents," said Nadine Smith, Executive Director of Equality Florida. "This is a poignant example of how DeSantis' bigoted laws have placed our families directly in the line of fire, stripping parents of their rights and students of their dignity. The Broward County School Board has a lot of work to do to repair the damage inflicted on this family, school, and community."

The Human Rights Campaign Foundation is the educational arm of the Human Rights Campaign (HRC), America's largest civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer (LGBTQ+) people. Through its programs, the HRC Foundation seeks to make transformational change in the everyday lives of LGBTQ+ people, shedding light on inequity and deepening the public's understanding of LGBTQ+ issues, with a clear focus on advancing transgender and racial justice. Its work has transformed the landscape for more than 15 million workers, 11 million students, 1 million clients in the adoption and foster care system and so much more. The HRC Foundation provides direct consultation and technical assistance to institutions and communities, driving the advancement of inclusive policies and practices; it builds the capacity of future leaders and allies through fellowship and training programs; and, with the firm belief that we are stronger working together, it forges partnerships with advocates in the U.S. and around the globe to increase our impact and shape the future of our work.

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