Gender policy? Districts can’t change it

LEWISTON – Although some in the community don’t agree with the Asotin-Anatone School District’s gender-inclusive policy, it will remain in place because the policy is a mandate from the state.

School District Superintendent Dale Bonfield said the policy has been in place for several years because of the state mandate. The Office of Superintendent of Public Instruction required school districts in Washington to adopt or amend policies that follow the Washington State School Directors’ Association’s “gender-inclusive schools” policy and procedure No. 3211/3211P, according to a notice sent to school districts and superintendents in December 2019. The policy was required to be in place by Jan. 31, 2020.

The school board approved the policy at the January 2020 meeting and last August’s meeting. The board goes through its policies on a regular basis to make sure they are up to date with state requirements. The policy covers transgender and gender-expansive students, such as nonbinary students who don’t identify as either gender, rights to bathroom and locker room accommodations as well as procedures for student privacy on their gender status.

Concerned parents and community members came to an April school board meeting regarding gender inclusion, but the board couldn’t discuss the policy because it wasn’t on the agenda. The board then placed a discussion on the “liability associated with failing to adopt and implement state-mandated policy and procedures,” according to the board’s May agenda.

Bonfield said some people at the meeting requested the policy be repealed, which the board wouldn’t do because it was against the law.

“That’s the law,” Bonfield said. “They can’t go against the law because they took an oath to uphold the law. Whether the board agrees or disagrees, the policy is the policy and we will uphold the policy.”

Not only would overturning the policy violate the law, but it would also put the school district at the risk of a lawsuit. The district could also get funding cut from the state, a similar situation to one involving the mask mandate during the COVID-19 pandemic.

“I think (the mask mandate) definitely helped our board understand the importance of upholding the policy,” Bonfield said. “It made the board recognize it is critical to follow the policy as a board member and as a district.”

Bonfield also distributed a flier to parents at the May meeting to clear up misconceptions about the policy and the students it affects. One misconception is that students choose a different gender identity to show off or be mischievous. Many students who express a different gender identity than the one assigned at birth have challenges with their family and peers, which can make them “wish it was not so.” Transgender students are also present at all levels, not just middle or high school, according to the document.

Bonfield said he was surprised at the reaction because the policy had been in place for years and the district had no issues with it. He understands all parents want their children to be safe, which is the same goal as the district. Also, Bonfield said that because of the small size of the school district, staff and faculty know the students well and can help support them.

“Our role is to educate all students,” Bonfield said.

The policy is state law, which means all school districts are required to use it. The Clarkston School District also has the policy and hasn’t had issues with it.

The policy states that a student can meet with a district employee to discuss gender status and the needs of the student. It will also clarify the name and pronouns the student would like to use while at school. The student can also tell the district how that person should be referred to when talking with parents and family member. Some families might be supportive and some might not.

Bonfield said that the district would prefer to notify parents about a student’s gender status because then it can work with them. But some students wouldn’t want their parents to be notified if they aren’t accepting.

Although the student’s gender status remains confidential, parents can access their students’ educational records.

Staff also have to adopt practices to avoid inadvertent disclosure of a student’s transgender or gender-expansive status. Staff and faculty are also required to adopt the preferred name and gender pronouns of the student, according to the policy.

Students are allowed to use the restroom that corresponds with their gender identity, and can’t be required to use a restroom that conflicts with it. Any student, regardless of gender identity, can request to use an alternative restroom, according to the policy.

Transgender or gender-expansive students’ use of locker rooms are assessed on a case-by-case basis so students don’t miss out on athletic opportunities and remain safe. In most cases, students are allowed to use a locker room that corresponds with their gender identity and can provide alternative locker rooms for any student who wants additional privacy. Those accommodations include using private areas such as a restroom stall, an area separated by a curtain or an office, as well as a separate changing schedule, such as using a locker room before or after other students. Students participate in sports and physical education classes that correspond with their gender identity, according to the policy.

In other activities involving separation of gender, like overnight trips, students participate in correspondence with their gender identity, but school employees can separate students based on factors other than gender, according to the policy.

The policy also requires someone at the school district to receive training to implement the policy and monitor any complaints or issues. Bonfield is the civil rights director for the school district, so he is also handling the policy.