Whitney M. Young Magnet High School parents have achieved victory in a lawsuit against the Chicago Public Schools. A voluntary dismissal of a temporary restraining order and an emergency injunction request brought to a close the action taken against the school in Cook County Circuit Court. The problems arose in April 2018 when the school scheduled sex columnist and dancer Nicolette Pawlowski for its sexual education programming for 7th through 12th graders.

As part of the lawsuit settlement, Chicago Public Schools has agreed to provide instruction to all of its principals regarding sex education. Prior to the start of the 2018-2019 academic year, each administrator within the district will be provided with a copy of the Chicago Public Schools Policy Manual for Sexual Health Education and Chicago Public Schools Sexual Health Education Toolkit, which include details on parental notice, opt-out, and instructor approval requirements.  

The complaint that prompted this agreement charged the Whitney Young administration with breaking Illinois law and Chicago Public School policy. The school violated the Illinois School Code’s required emphasis on abstinence and avoidance of risky sexual behaviors by booking Pawlowski, whose extensive online articles advocate casual hook-up sex, pornography use, and other risky sex behaviors. Whitney Young leadership disregarded Chicago Public School policy that mandates a two-week advance notice of scheduled workshops, advance provision of information about the materials to be taught, allowance for meaningful parental opt-out, and use of a CPS-approved instructor.

Sally Wagenmaker, parent of a student at the Chicago public high school and Special Counsel with the national nonprofit public interest law firm, the Thomas More Society, had contacted the Whitney Young administration about their last-minute, brief notification of sexual education workshops. Notice of the programming came via email about presentations beginning less than 48 hours later. No details on the subject matter were provided, other than the name of the presenter and her presentations. Additionally, no option was provided for parents or guardians to opt their students out of the program, until Wagenmaker raised concerns.

Wagenmaker, along with her husband and other concerned Whitney Young parents, filed suit when both the principal, Joyce Kenner, and assistant principal, Lynn Zalon, rejected requests for information regarding the presentation featuring Pawlowski. Kenner cancelled a sex education program scheduled for the following week, after Wagenmaker notified the administrator of her intent to take legal action.

“This is a victory for all Chicago public school parents and students,” proclaimed Wagenmaker. “It is a great reminder of the importance of parental attentiveness and the need to be willing to step up and speak out when something is wrong.”

Read the Thomas More Society’s Order of Voluntary Dismissal and Verified Complaint for Emergency Injunctive Relief and Emergency Motion for Temporary Restraining Order, in Wagenmaker et al. (parents) v. Kenner et al. (Whitney Young administrators), filed June 11, 2018 and April 16, 2018, respectively, with the Chancery Division of the Circuit Court of Cook County, Illinois County Department here and here.