Before Leo began at P.S. 107, his parents told the school about his gender expression and suggested a few books, some for adults and some for children, that might help his classmates and teachers understand, like “Morris Micklewhite and the Tangerine Dress.” He arrived for his first day of school, thrilled for the new adventure, his parents said, and wearing a pink track suit.
The books were never read in class, the suit said. Leo’s classmates were left confused about whether to call him “he” or “she,” which he found upsetting. They did not understand why he was using the boys’ bathroom.
The parents had some tense conversations with school officials, including one in October in which the principal, Eve Litwack, said that “it would be easier” if Leo were transgender, according to the complaint.
In December, a classmate’s parent overheard Leo say that somebody “drinks out of my penis,” according to the complaint. The parent asked Leo if he was talking about his dog, and he said: “No, I mean my mom. My parents eat my poop.” The complaint said that the parent understood this to be a joke, a 5-year-old trying to get a rise out of his friends. Nonetheless, she mentioned it to the classroom teacher, Sheri Silverstein. Ms. Silverstein asked Leo’s mother to speak with him about it.
Five days later, Ms. Litwack, the principal, called Leo’s parents and told them to come in for a meeting. She said that the comment indicated that Leo was “disturbed,” according to the complaint, and that he needed therapy.
A few days later, Ms. Litwack was instructed by her district superintendent, Anita Skop, to report Ms. Super to the state. Police officers arrived at the family’s home around midnight, followed by officials from the Administration for Children’s Services. Toya Holness, a spokeswoman for the Department of Education, said in a statement that school employees have no choice but to report anything suspicious.
