Case 3:22-cv-30041-MGM Document5 Filed 04/27/22 Page1of 1

I this day SERVEDthe within named MARIE-CLAIRE FOLEY

| in the city/town of LUDLOW,MA,an attested copy ofthe SUMMONSINA CIVIL ACTIONAND

Case 3:22-cv-30041-MGM Document6 Filed 04/27/22 Page 1 of

I this day SERVED the within named LISA NEMETH, SUPERINTENDENT

in the city/town of LUDLOW,MA,anattested copy ofthe SUMMONSIN A CIVIL ACTIONAND

I this day SERVEDthe within named STACY MONETTE

in the citytown of LUDLOW,MA,an attested copy ofthe SUMMONSIN A CIVIL ACTIONAND

Case 3:22-cv-30041-MGM Document4 Filed 04/27/22 Page 1of1

I this day SERVEDthe within named TODD GAZDA

in the city/town of NORTHAMPTON,MA,an attested copy ofthe SUMMONSINA CIVIL

The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

(This section should not be filed with the court unless required by Fed. R. Civ.

I personally served the summons on the individual at (place)______________________________ ____________________________________on (date)_________________________ ; or I left the summons at the individual's residence or usual place of abode with (name)_____________ ______________________________, a person of suitable age and discretion who resides there, on (date) _________________ , and mailed a copy to the individual's last known address; or I served the summons on (name of individual)________________________________ , who is designated by law to accept service of process on behalf of (name of organization)_____________ _____________________________________________ on (date) _______________; or I returned the summons unexecuted because_______________________________________ ; or Other (specify) : My fees are $ ________ for travel and $_________ for services, for a total of $______________.

I declare under penalty of perjury that this information is true.

Server's Address Additional information regarding attempted service, etc:

of Sci., Eng’g, & Med., Understanding the Well-Being of LGBTQI+ Populations, at 2-7 (2020), available at http:nap.edu/25877 and Stephen T. Russell et al., Chosen Name Use is Linked to Reduced Depressive Symptoms, Suicidal Ideation and Behavior Among Transgender Youth, 63 J. Adolescent Health 503, 504 (2018).

If for no other reason, this Court should allow Plaintiffs’ claims to proceed beyond the motion to dismiss stage to allow Plaintiffs to further develop through mental health experts the potential detrimental effects of social transitioning minor children.

13 Quoting Stephen T. Russell et al., Chosen Name Use is Linked to Reduced Depressive Symptoms, Suicidal Ideation and Behavior Among Transgender Youth, 63 J. Adolescent Health 503, 504 (2018).

In most cases involving a claim that a state actor violated a plaintiff’s substantive due process rights, the shock-the-conscience standard requires a plaintiff to show that the defendant’s actions amounted to “a brutal and inhumane abuse of official power literally shocking to the conscience.” Gonzalez-Fuentes v. Molina, 607 F.3d 864, 881 (1st Cir. 2010).

At the school committee meeting on June 8, 2021, superintendent Gazda stated, “Right now we have a situation where intolerance, prejudice and bigotry against LGBTQ individuals by members of our community is being thinly veiled behind a camouflage of what is being asserted as ‘parental rights.’” Def’s Reply Mem.

None of the allegations in the Complaint are adequately supported with pertinent facts.

On March 14, 2022, the District amended the Policy, making the following changes (deletions in strikethrough format; additions in [bold and in brackets]): The Board recognizes a student’s right to keep private one’s transgender status or gender nonconforming presentation at school.

“Similarly, the United States Supreme Court has recognized that the ‘Due Process Clause of the Fourteenth Amendment protects the fundamental rights of parents to make decisions concerning the care, custody, and control of their children.’” Id. (quoting Troxel v. Granville, 530 U.S. 57, 66 (2000)).

Finally, the defendants contend that the plaintiff lacks standing to assert the federal statutes referenced in Counts III and IV of the Amended Complaint, and that even if she did, she has failed to state a claim for relief.

Specifically, it states that “[s]chool personnel should not disclose information that may reveal a student’s transgender status or gender nonconforming presentation to others unless legally required to do so or unless the student has authorized such disclosure.” (Id., Section III.A.)

Finally, the plaintiff claims that the Policy violates the PPRA because it requires students to submit to surveys or evaluations concerning their sex behaviors or attitudes without parental consent.

Troxel, 530 U.S. at 80 (Thomas, J., concurring in the judgment) (“The opinions of the plurality . . . recognize such a right, but curiously none of them articulates the appropriate standard of review.”).

The Parents cite no law, and I have found none, that suggest that Article 24 creates broader protections in the different context of a parent challenging matters of public school policy or curriculum.

The Plaintiff Parents cite no law, and I have found none, invoking Section 5-203(b) to establish a common-law right of action against a public school based on a disagreement with a school’s curriculum or counseling policy.

Every action wetakeis in compliance with the laws and regulations of our state and the guidance on these issues released by the Massachusetts Department of Elementary and Secondary Education.

At it's core this current controversy isn't about sex, it's about identity.It is about ensuring a safe environment with caring adults that students can rely on to discuss problems, issues or questions they might have.

We cannot consider any requirement that would cause us to discriminate against membersof our student body or staff by refusing to recognize them in the manner they wish to be identified as an individual.

LudiowPublic schools 63 Chestnut Street, Ludlow, Massachusetts 01056 wweludiow.kLZ The Atission ofthe LudlowPublic Schsalx is topeovide a quality edacationfer every studend by working dypactnerviip with porents avd community io assist cack suadvut in reaching Ristherfullpotential.

Sincerely, ebecca L. Bouchard, Esq. Legal Compliance Officer cc: Dr. Todd Gazda, Superintendent The Ludlow Public Schools strives to provide a safe, respectful and supportive learning environmentin whichall students can thrive and succeedinits schools, The {udlow Public Schools prohibits disctimination on the basis ofrace, color, sex, genderidentity, religion, disability, national origin, or sexual oticntation and ensuresthat all students have cqualtights of acccss and equal cnjoyment of the opportunitics, advantages,privileges, and courses of study.

None of the foregoing decisions, which are cited within plaintiffs’ Amended Complaint, establishes the right(s) asserted by plaintiffs.

Yesterday, | extended you the courtesyofoffering to waive service of process and you rejected it because it would give my clients additional time to respond to the complaint.

| understand you had some concerns abouteffective service on Mr. Gazda, but | have confirmed via phonewith his Executive Assistant, Victoria Lucadello, that his office received the complaint on April 15, 2022.

This e-mail message from Massachusetts Family Institute and any accompanying documents or embedded messagesis intended for the namedrecipients only.

This communication contains information, which may Include metadata, that is confidential, privileged, attorney work product, or otherwise protected from disclosure under applicable law.if you have received this messagein error, are not a named recipient, or are not the employee or agent responsible for delivering this message to a named recipient, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this messageorits contents is strictly prohibited.

in the city/town of LUDLOW, MA,anattested copy ofthe SUMMONSINA CIVIL ACTIHONAND | | it = AugeAAS ns Aonewis , yi 7/7sieSENWN Process Setver/

A letter from a social worker, doctor, nurse practitioner, or other health care provider stating that a student is being provided medical care or treatmentrelating to her/his genderidentity is one form of confirmation of an asserted genderidentity.It is not, however, the exclusive form upon which the school or student mayrely.A letter from a clergy member, coach, family friend, or relative stating that the student has asked to be treated consistent with her/his asserted genderidentity, or photographs at public events or family gatherings, are other potential forms of confirmation.

In one Massachusetts middle school, a biologically male student explained to her guidance counselor that she was a transgendergirl who expressed her female genderidentity only at home.

Some environments mayfeel safe and inclusive, and othersless so, challenging a person's ability to live consistently with one genderidentity in all aspects oflife.

The principal examined the changingfacility and determined that curtains could easily be put up along oneside of a row of benches nearthe group lockers, providing private changing areas for any students who wished to use them.

As emphasized in other sections of this guidance, these issues should be resolved on a case-by-case basis, through dialogue with students and parents, and through leadership in creating safe and supportive learning environments.