ROCKFORD, Mich. (WOOD) — Two parents have filed a lawsuit against a Michigan school district for using male pronouns for their child without their knowledge.

According to court documents, Dan and Jennifer Mead’s child, who was assigned female at birth and identifies as male, attended Rockford Public School District starting in kindergarten.

In middle school, the student started meeting with a school counselor. The school counselor was in regular contact with the parents about the child, discussing things like their mental health, school work and recent autism diagnosis.

In May 2022, the student asked the counselor to tell teachers to use he/him pronouns and a masculine name when referring to the student. That fall, as the then-13-year-old entered 8th grade, teachers referred to the student with he/him pronouns and used the student’s preferred masculine name, but the school did not notify the parents.

“No one with the school district told them that the school district had begun to treat her as a boy by calling her a masculine name and by male pronouns,” Vincent Wagner, an attorney for the parents, told Nexstar’s WOOD-TV.

According to the lawsuit, it is the district’s policy to use students’ chosen name and pronouns and to not notify parents if a student is not out to them.

In October 2022, the Meads found out the school had been referring to their child with he/him pronouns when a school employee sent over an official report and had inadvertently included a note from a teacher that used he/him pronouns and referred to the student with their preferred name.

The Meads ultimately withdrew their student from the school and switched to homeschooling.

“They weren’t able to help her in a difficult time in her life,” Wagner said. “So it prevented them from helping her and that denied them their constitutional rights. Schools shouldn’t keep information like that from parents.”

The lawsuit, filed Monday by the Alliance Defending Freedom on behalf of the parents, says by referring to the Mead’s child by a masculine name and pronouns without notifying them, the school violated their 1st and 14th amendment rights.

The Meads are Christian and say “socially transitioning” their child from their biological sex is against their religious beliefs.

“Parents, not the government, have the right to direct the upbringing, education, and health care of their children,” ADF Senior Counsel Kate Anderson, director of ADF’s Center for Parental Rights, said in a release. “Schools should never deliberately hide vital information from parents, yet that’s exactly what the Rockford Public School District did.”

The lawsuit asks that the district’s policy be declared against the 1st and 14th amendments. It also requests nominal and compensatory damages — Dan Mead could not go back to work because the parents decided to homeschool their child — and attorney fees.

RPSD Superintendent Steven Matthews, Ed.D., said the district had not yet been served with the legal documents.

“As such we have not read through them completely,” he said in a statement. “We respect the privacy of this family and as such have no comment at this time. Our staff continue to support all students and their families as we work together to help our students learn and grow.”

Dell Darnell, who is the director of services at LGBTQ+ organization OutFront Kalamazoo and uses they/them pronouns, said they’re not surprised by the lawsuit.

“We’ve seen a lot of this lately, a lot of youth feeling more comfortable coming out and living their authentic lives and unfortunately a lot of adults, whether that be school systems or parents, not showing up and affirming them,” they said. “They’re sharing a vulnerable part of who they are. We don’t have to understand it to respect it, to dignify it.”

They said the case highlights the importance of safe spaces, because parents don’t all react the same to their child coming out.

“We see situations all the time where that escalates to verbal and physical violence at home to kicking the kid out,” Darnell said.

Wagner says they expect to hear the district’s response to the lawsuit sometime in January.

Demetrios Sanders contributed to this report.