EVERETT — The Edmonds school board unanimously voted Tuesday to adopt its former sex-based harassment policy in light of updated federal regulations.
The decision comes after a federal court in Kentucky vacated the Biden administration’s 2024 Title IX regulations last month, as well as the U.S Department of Education sending a “Dear Colleague” letter to K-12 schools. If a school is not compliant with federal Title IX regulations, it could be at risk of losing federal funding.
The 2020 policy removes explicit protections for LGBTQ+ students, such as protection against discrimination based on gender identity and sexual orientation. However, Washington state law prohibits discrimination in schools on the basis of “sexual orientation, including gender expression or identity.”
“I’m very disappointed in the changes that happened so abruptly,” said Rob Baumgartner, assistant superintendent of human resources, at the board’s Feb. 25 meeting. “But my alarm isn’t as great because I have a lot of confidence that what we have in place in Washington state is strong enough to continue support our students and our families in the ways that we need to.”
In addition to state law, the board has another policy regarding gender inclusivity in schools, which it last updated in 2019. The policy “recognizes the importance of an inclusive approach” when it comes to gender inclusivity with pronoun usage, restroom and locker room accessibility, and dress codes.
“The board believes in fostering an educational environment that is safe and free of discrimination for all students, regardless of gender expression, gender identity, or sex,” the policy reads.
The 2020 policy also removes explicit protections for pregnant and parenting students, which is not protected under state law. Baumgartner assured the board that pregnant and parenting students will still get the support they need under the 2020 rules.
“The way that we’ve implemented it here is really apprising any student that’s a parent or student that’s pregnant our obligations to them,” Baumgartner said. “Those don’t change whether we’re under 2020 or 2024 rules.”
On Feb. 7, the Washington Office of Superintendent of Public Instruction issued guidance to schools regarding the federal Title IX regulations. The office advised schools to revise their policies to be compliant with the 2020 rules, but emphasized the state-level protections.
“The court’s order vacating the 2024 Title IX rules does not impact Washington schools’ obligations to prohibit discrimination based on these legally protected classes,” the guidance read.
At the board’s last meeting Feb. 11, some board members had concerns about leaving the old policy in place without explicitly mentioning the state protections. At the Feb. 25 meeting, members said they were more comfortable adopting the policy as is.
“Any concerns that I had at the previous meeting about what we were doing, (Baumgartner) just addressed them head on, and I totally believe in what the district is doing with that,” board member Keith Smith said.
Board President Nancy Katims said that, as a parent of an LGTBQ+ child, she feels comfortable adopting the former policy. If there turns out to be gaps in policy, the board will pass the necessary policies to fill them, she added.
“I really did get to a place where I felt like, despite whatever version we use of this particular policy, I believe we have very strong safeguards in place to protect all our kids from sexual harassment, intimidation and bullying, and that we won’t allow any of that for any kids of any type,” she said.
Jenna Peterson: 425-339-3486; jenna.peterson@heraldnet.com; X: @jennarpetersonn.
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