Despite ongoing federal probe into state schools, Central Valley School Board sends Title IX complaint to feds

In a special meeting Monday, the Central Valley School Board finalized and filed a federal Title IX complaint against the state public schools authority, challenging guidance on transgender sports participation, which they say conflicts with federal directives .

The board was split in sending the complaint, with Directors Stephanie Jerdon, Pam Orebaugh and Anneice Barker voting in favor, while Cindy McMullen and Tere Landa were opposed.

The complaint against Washington’s Office of Superintendent of Public Instruction, in the form of two letters, in part urges an investigation that is already underway. Federal officials on Wednesday began the probe into state policies allowing trans students to play on whichever sports team and use whichever restroom with which they identify . The Liberty Lake-based board began drafting the letter last week, similar to one sent by the Mead school board in March.

“Washington state and the State Superintendent, Chris Reykdal, have blatantly disregarded directives of the United States Department of Education, and the lawful Executive Orders issued by our current President, creating discriminatory and unsafe environments detrimental to our children and particularly damaging to our girls and young women,” the letter reads.

It lists specific areas of conflict between the state requirements and federal executive orders, all surrounding transgender students, like sports participation, restroom use and pronoun use by staff. The letter supports the ongoing investigation into the state and implores clarification from the feds on which directive to follow: the state or federal government.

It also seeks assurance that the district will maintain its federal funding that makes up 5% of Central Valley’s operating budget. Reykdal has repeatedly contended these orders don’t hold the weight of law and to follow them would violate state law and risk schools’ state funding, around 78% of Central Valley’s revenue.

“We have got to get advice from the federal government on what they deem is compliant and what they don’t, because what OSPI is telling us to do right now could very well be out of compliance,” Barker said.

Discussion during the Zoom meeting was contentious at times as directors disagreed on the timeliness of the letter, the political nature and the message it sends to trans students in their district.

“The issue is moot,” McMullen said, pointing to the existing investigation.

She reiterated her stance aligning with the state policies on transgender sports participation and her position against sending the letter, requesting her name be omitted as a signatory.

“I find it terribly sad that we cannot look at every one of our students and see them for the great people that they are and the potential that they have and that we cannot find ways for all of them to participate fully in all of the activities that we offer,” McMullen said. “This is a very sad day for Central Valley School District.”

Orebaugh said though the investigation was underway, the letter indicated to federal officials that this is an issue statewide, not just with school districts Mead and La Center referenced in the federal official’s notice of investigation. She pointed to a trans student -athlete who runs track with Central Valley athletes.

“I’ve heard from these athletes how discouraged they are, how the coaches are having to pump them up, ‘Do the best you can, I know that you’re likely not going to get first,’ ” Orebaugh said.

While correcting language in the letter, Barker questioned the existence of trans people.

“There’s no such thing as a trans person; there are males and there are females,” Barker said. “Like I said in the last meeting: it does not matter how you dress. It does not matter how much medication you take or how many surgeries you have. You are born male or you are born female, and male and female bodies are different.”

The meeting fell outside of the board’s regular schedule and was hosted online only via Zoom. There were five who spoke in public comment, split on the matter much like the board. Three speakers, two who have past spoken in favor of barring trans girls from school sports, urged the board to send the complaint. Two speakers said they don’t support the board sending the letter, and spoke vehemently in defense of trans students.

Nan Smith, who resides in Central Valley and sent her kids to the district’s schools, said there was no need to send such a letter, given the existing investigation. Smith added that a policy centered on estimated five to 10 trans student -athletes out of the 250,000 in the state, according to WIAA, would lead to targeting.

“Targeting five to 10 youths in this way is about labeling them and labeling them as other,” Smith said. “History has taught us over and over that when we label a group of people as other, whether it be because of race, religion, disability or gender identity, labeling someone as other is very dangerous for society.”

Recurring speaker Brandon Arthur continued to share concerns about his daughter’s safety should she play sports with or against a trans girl. He countered that though they may be a small demographic, “it only takes one event, and then we will be having a very much bigger discussion around this.”

Many who don’t want trans girls to play on girls sports teams reiterated that they’re not intending to discriminate against trans kids, only protecting cisgender girls. But that’s not the message sent to trans people, said speaker Lexi Shay, who is trans and a parent with three kids in Central Valley schools.

“The message that is received is that you are not welcome,” Shay said.