Local schools’ bathroom policies currently in line with federal guidelines
May 18, 2016
Charlea Estes
After a historic decision handed down by the Department of Education and Department of Justice, schools across the country are reevaluating their bathroom policies regarding transgender students to ensure they retain their federal funding. According to all five of Barry County’s superintendents, they believe their schools are currently in compliance and not at obvious risk for losing any federal funding to keep their districts going.
The directive letter released on Thursday last week instructed schools on how to tackle questions regarding transgender students and bathroom use in public schools. In the directive, schools were instructed to allow transgender students to use bathrooms, changing rooms and locker rooms that match their gender as opposed to biological sex and that those students cannot be forced to use an individual or private bathroom if other students are not required to do so. The move was made as an insurance of equal rights.
John B. King, Jr., secretary for the Department of Education, released a statement following the letter, saying, “No student should ever have to go through the experience of feeling unwelcome at school or on a college campus. We must ensure that our young people know that whoever they are or wherever they come from, they have the opportunity to get a great education in an environment free from discrimination, harassment and violence.”
Local school district superintendents feel that their schools’ anti-discrimination policies already put them in basic compliance with the recent directive, but they have heard from the community about concerns over the policy. The only schools drawing heat from the recent decision are those with policies forcing transgender students to use bathrooms that do not match their gender or a private bathroom separate from other students.
While all of the area schools have at least one gender-neutral bathroom in their facilities, usually in the nurses’ stations, none have policies making certain students use them. However, they are available if it makes the students more comfortable.
Cassville superintendent Dr. Richard Asbill said that he has already received phone calls from district patrons regarding the joint letter issued by the Department of Education and the Department of Justice. He said most of the correspondence thus far was pertaining to a parent or grandparents’ concern about their own child’s privacy in the school's facilities. Dr. Asbill stated, “We are talking about what kinds of steps we already have in place to afford all of our students a safe environment to learn in.”
Asbill continued, “We still believe all of our students are guaranteed a free and appropriate education in a safe environment regardless of their personal beliefs, race or ethnic group.”
Both State Senator David Sater and State Representative Scott Fitzpatrick made statements opposing the decision, saying that it is federal government overstepping its boundaries. Sater released a statement saying, “This overstep by the president is just another in a series of executive actions and bureaucratic decrees that attack state sovereignty and attempt to centralize more power in Washington, D.C. instead of back home, where it belongs.”
He also said, “This discussion goes beyond just who should and should not use a certain bathroom in our schools. How should schools manage the issue of gender-specific sports teams? Should we open up male or female locker rooms to the opposite gender based on how that individual “feels”?”
Fitzpatrick was concerned with what would happen if a student chose to abuse the policy. He said, “The way the letter from the administration reads, basically if the student declares they are now identifying as the opposite sex as they are biologically, and they announce that, there are no other requirements to be met; There may be a problem.
“They said there doesn’t need to be a letter from a doctor, it’s literally just a declaration by the student. If they are not comfortable using a bathroom that does not match their genitalia, they need to find a private bathroom or use a bathroom that does not have other students in it.”
Dr. Bob Walker, superintendent of Southwest Schools, said, “What its guidance is suggesting, some have even called it a veiled threat with federal funding, is something we’ll have to discuss. We don’t have transgender accommodations in place currently other than our students are expected to use the restrooms and locker rooms and showers that are consistent with the gender reflected on their birth certificate.”
He added, “Whatever guidance we receive, we’ll be analyzing that and making decisions in the future. Local boards need to be making local decisions. I do think this is an overreach.”
Purdy superintendent Dr. Steven Chancellor said, “We do not have a specific policy. We do have unlabeled restrooms. They are not designated male or female and are single-stall restrooms with a door lock. So, that’s all we have. I feel like I could argue a point that, irregardless of this ruling, we could be considered in compliance. We feel like no action was warranted because we are covered.”
He went on to add, “If we don’t create an issue, then there isn’t going to be one. Several people are upset. We need to wait and be more patient. Let’s wait for more guidance by DESE. Let’s not overact.
“First and foremost, we will protect our kids from anything up to and including people trying to abuse or interpret this in a way that is used in a negative way.
“Our focus and attention are the basics: teaching and learning, and we’re not going to get derailed. When it’s necessary and when the time is right, we’ll address it in a way that mirrors the values of our community.”
Wheaton superintendent Dr. Lance Massey said, “I’m a little concerned about federal funding, and Wheaton cannot operate as we are without federal dollars.
“Conversations are going to happen concerning this and, for different folks in the community, it’s a concern.”
Dr. Asbill said that schools have regularly been a testing place for social policy change, and he doesn’t feel that it is appropriate. He said, “I am disappointed that the government has decided schools are the litmus test for the transgender issues, but public schools have been the ground for those social tests historically.”
He added, “We’re not going to be able to come up with every single scenario that might happen because there are so many hypotheticals that we don’t want that to snowball into something that overwhelms the purpose of a free and quality education for our students.”
Exeter Schools superintendent Dr. Ernest Raney said that Exeter should be safe from the funding issue with the school's current anti-discrimination policy. He added, “I don’t see any need to call out any specific minority to say that they are protected. That seems like discrimination to me. We don’t discriminate against any minorities at all.
“Education is our focus, and we want this to be a good school that kids feel comfortable and safe coming to, regardless of anything else. I just want our kids to feel safe, loved and supported, and issues like this cloud that. It creates hardship and division, but we‘ve got educating children to take care of.”
A complete copy of the guidance offered by the Department of Justice and the Department of Education can be read here: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf.
Note: Corrections have been made in this article for clarity on May 19, 2016. No substance was changed.
In any text of this article, outside of direct quotations, the term "sex" is used as the biological sex a person is born with, and "gender" is the way they personally identify, regardless of biological sex.
Charlea Estes
After a historic decision handed down by the Department of Education and Department of Justice, schools across the country are reevaluating their bathroom policies regarding transgender students to ensure they retain their federal funding. According to all five of Barry County’s superintendents, they believe their schools are currently in compliance and not at obvious risk for losing any federal funding to keep their districts going.
The directive letter released on Thursday last week instructed schools on how to tackle questions regarding transgender students and bathroom use in public schools. In the directive, schools were instructed to allow transgender students to use bathrooms, changing rooms and locker rooms that match their gender as opposed to biological sex and that those students cannot be forced to use an individual or private bathroom if other students are not required to do so. The move was made as an insurance of equal rights.
John B. King, Jr., secretary for the Department of Education, released a statement following the letter, saying, “No student should ever have to go through the experience of feeling unwelcome at school or on a college campus. We must ensure that our young people know that whoever they are or wherever they come from, they have the opportunity to get a great education in an environment free from discrimination, harassment and violence.”
Local school district superintendents feel that their schools’ anti-discrimination policies already put them in basic compliance with the recent directive, but they have heard from the community about concerns over the policy. The only schools drawing heat from the recent decision are those with policies forcing transgender students to use bathrooms that do not match their gender or a private bathroom separate from other students.
While all of the area schools have at least one gender-neutral bathroom in their facilities, usually in the nurses’ stations, none have policies making certain students use them. However, they are available if it makes the students more comfortable.
Cassville superintendent Dr. Richard Asbill said that he has already received phone calls from district patrons regarding the joint letter issued by the Department of Education and the Department of Justice. He said most of the correspondence thus far was pertaining to a parent or grandparents’ concern about their own child’s privacy in the school's facilities. Dr. Asbill stated, “We are talking about what kinds of steps we already have in place to afford all of our students a safe environment to learn in.”
Asbill continued, “We still believe all of our students are guaranteed a free and appropriate education in a safe environment regardless of their personal beliefs, race or ethnic group.”
Both State Senator David Sater and State Representative Scott Fitzpatrick made statements opposing the decision, saying that it is federal government overstepping its boundaries. Sater released a statement saying, “This overstep by the president is just another in a series of executive actions and bureaucratic decrees that attack state sovereignty and attempt to centralize more power in Washington, D.C. instead of back home, where it belongs.”
He also said, “This discussion goes beyond just who should and should not use a certain bathroom in our schools. How should schools manage the issue of gender-specific sports teams? Should we open up male or female locker rooms to the opposite gender based on how that individual “feels”?”
Fitzpatrick was concerned with what would happen if a student chose to abuse the policy. He said, “The way the letter from the administration reads, basically if the student declares they are now identifying as the opposite sex as they are biologically, and they announce that, there are no other requirements to be met; There may be a problem.
“They said there doesn’t need to be a letter from a doctor, it’s literally just a declaration by the student. If they are not comfortable using a bathroom that does not match their genitalia, they need to find a private bathroom or use a bathroom that does not have other students in it.”
Dr. Bob Walker, superintendent of Southwest Schools, said, “What its guidance is suggesting, some have even called it a veiled threat with federal funding, is something we’ll have to discuss. We don’t have transgender accommodations in place currently other than our students are expected to use the restrooms and locker rooms and showers that are consistent with the gender reflected on their birth certificate.”
He added, “Whatever guidance we receive, we’ll be analyzing that and making decisions in the future. Local boards need to be making local decisions. I do think this is an overreach.”
Purdy superintendent Dr. Steven Chancellor said, “We do not have a specific policy. We do have unlabeled restrooms. They are not designated male or female and are single-stall restrooms with a door lock. So, that’s all we have. I feel like I could argue a point that, irregardless of this ruling, we could be considered in compliance. We feel like no action was warranted because we are covered.”
He went on to add, “If we don’t create an issue, then there isn’t going to be one. Several people are upset. We need to wait and be more patient. Let’s wait for more guidance by DESE. Let’s not overact.
“First and foremost, we will protect our kids from anything up to and including people trying to abuse or interpret this in a way that is used in a negative way.
“Our focus and attention are the basics: teaching and learning, and we’re not going to get derailed. When it’s necessary and when the time is right, we’ll address it in a way that mirrors the values of our community.”
Wheaton superintendent Dr. Lance Massey said, “I’m a little concerned about federal funding, and Wheaton cannot operate as we are without federal dollars.
“Conversations are going to happen concerning this and, for different folks in the community, it’s a concern.”
Dr. Asbill said that schools have regularly been a testing place for social policy change, and he doesn’t feel that it is appropriate. He said, “I am disappointed that the government has decided schools are the litmus test for the transgender issues, but public schools have been the ground for those social tests historically.”
He added, “We’re not going to be able to come up with every single scenario that might happen because there are so many hypotheticals that we don’t want that to snowball into something that overwhelms the purpose of a free and quality education for our students.”
Exeter Schools superintendent Dr. Ernest Raney said that Exeter should be safe from the funding issue with the school's current anti-discrimination policy. He added, “I don’t see any need to call out any specific minority to say that they are protected. That seems like discrimination to me. We don’t discriminate against any minorities at all.
“Education is our focus, and we want this to be a good school that kids feel comfortable and safe coming to, regardless of anything else. I just want our kids to feel safe, loved and supported, and issues like this cloud that. It creates hardship and division, but we‘ve got educating children to take care of.”
A complete copy of the guidance offered by the Department of Justice and the Department of Education can be read here: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf.
Note: Corrections have been made in this article for clarity on May 19, 2016. No substance was changed.
In any text of this article, outside of direct quotations, the term "sex" is used as the biological sex a person is born with, and "gender" is the way they personally identify, regardless of biological sex.