Indiana School Counselor Wins Free Speech Victory Over District’s ‘Gender’ Policy

by Jeff Johnston | April 16, 2026 | Education

An Indiana school district agreed to pay $195,000 to settle with a school counselor who was fired for speaking to a journalist about the district policy of hiding students “gender identity” from parents.

The case involved Kathy McCord, a 37-year education veteran who objected to the school’s mandate “which required her to speak in ways that violate her sincerely held religious beliefs,” reported Alliance Defending Freedom (ADF).

The Christian legal aid group brought the lawsuit against the South Madison Community School Corporation, in Pendleton, Indiana, on her behalf.

The settlement for damages, attorneys’ fees and costs is one of many recent transgender–related cases where school districts have been forced to pay up for violating school employees’ First Amendment rights. ADF has been instrumental in many of these victories.

ADF explained that South Madison developed a Gender Support Plan in the fall of 2021 to deal with the then–growing fad of students identifying as something other than their biological sex.

ADF said the plan “required counselors and other employees to use, upon a student’s request, names and pronouns for the student that do not correspond with his or her sex – without notifying parents or seeking parental consent.”

An anonymous source sent The Daily Signal a copy of the Gender Support Plan, and reporter Tim Kinnett contacted McCord. McCord called the reporter back and answered questions about the school’s transgender policy. Kinnett explained in his December 2022 article:

McCord said she and other counselors have access to such plans, but teachers, parents, and the public do not – which she strongly disagrees with. McCord insisted that she and a few other counselors despise this district policy, describing it as both dishonest and harmful.

Kinnett added:

The South Madison district requires only that the student say that his or her parents don’t or wouldn’t approve, and the district is obliged to hide the information from parents.

The article caused great concern in the district; angry parents attended school board meetings and spoke out against the policy. Board members were also upset because they had not approved this policy – even though school administrators told teachers and staff otherwise.

Shortly thereafter, South Madison investigated McCord and fired her.

The school accused her of leaking the email and Gender Support Plan to the journalist, which she denied. According to ADF’s lawsuit, the school did not even investigate whether this accusation was true.

That’s when McCord fought back. Her lawsuit detailed the facts of the case:

South Madison changed students’ names and pronouns without parental notification or consent.
The school directed employees to stop contacting parents when children identified as something other than their birth sex.
South Madison trained employees according to its new gender policies.
McCord was fired for exercising her free speech by speaking to The Daily Signal’s reporter.

Since McCord filed her lawsuit, Indiana has passed a law keeping school staff or outside parties from talking with kindergarten through 3rd grade children about human sexuality. The law also prohibited policies like South Madison’s that kept parents in the dark about their child’s sexual identity confusion.

The law also required parental notification if a student requested a name or pronoun change.

But it came too late for McCord; she’d already been fired.

Although the settlement brings this lawsuit to an end, Defending Education reports that more than 1,200 school districts have “Transgender/Gender Nonconforming Policies” similar to South Madison’s, covering 12.3 million students.

Radical activist groups, such as the ACLU, Gender Spectrum, the National Education Association, GLSEN, and the National Center for Transgender Equality, developed “model transgender policies” which have been adapted by districts across the country.

One such plan, “Schools in Transition,” has an entire chapter telling schools how to deal with “unsupportive parents.” The guide portrays parents as an enemy of their child and places “student privacy” above parent’s rights:

Privacy and confidentiality are critically important for transgender students who do not have supportive families. In those situations, even inadvertent disclosures could put the student in a potentially dangerous situation at home, so it is important to have a plan in place to help avoid any mistakes or slip-ups.

Another “Model School District Policy on Transgender and Gender Nonconforming Students,” states:

School staff shall not disclose any information that may reveal a student’s transgender status to others, including parents or guardians and other school staff, unless legally required to do so or unless the student has authorized such disclosure.

Teachers and parents have won a number of legal battles against these unconstitutional threats to free speech, parental rights and religious freedom – including a recent Supreme Court decision. But many states, school districts and local schools still promote transgender ideology and try to hide information from parents, so it’s important for parents to stay informed about what’s happening in their children’s schools.

The case is: McCord v. South Madison Community School Corporation.

Focus on the Family’s “Equipping Parents for Back-to-School” helps you be aware of what’s happening in the classroom and empowers you to advocate for your child in school. The free, downloadable resource offers insights about exercising school choice and protecting children’s free speech and religious liberty.

Related articles and resources:

Barrett v. Kagan: Key Takeaways From Supreme Court Ruling on ‘Transgender’ School Policies

BREAKING: Big Wins for Free Speech and Religious Freedom in California

BREAKING: Judge Issues Preliminary Injunction Says California School District Cannot Force Teachers to Lie to Parents About Their Children’s ‘Gender Identity’

California Teachers Told to Hide Information About Students’ ‘Gender’ From Parents – They’re Suing

California Schools May Not Hide Students’ ‘Gender Identity’ From Parents

‘Equipping Parents For Back-To-School’ – Updated Resource Empowers Parents

Exclusive Interview: Colorado Parents Expose ‘Gender Cult’ at Public School in New Documentary

Florida Parents Sue School for Helping Teen ‘Transition’ – Without Their Knowledge or Consent

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Teacher Wins $650,000 After Being Fired for Refusing to Use ‘Trans’ Pronouns

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