MARION, Iowa (KWWL) - After more than three hours of public comment Monday, the Linn-Mar Board of Education approved an updated policy regarding transgender student's rights.
The policy says any student is able to decide what bathroom they wish to use, what locker room they wish to use, and what gender they choose to room with on overnight trips, regardless of the gender they were assigned at birth.
The district says it has been following this policy for several years, because it is required under state and federal law, but it has never been formally codified into the school bylaws.Â
Many parents said they didn't know these policies were being followed, and argued they put their cisgender kids at risk.
"How can you possibly support that? Letting boy --a young male-- go into a shower with girls...Young girls need to feel safe in this school, and if you pass this, they will not," Steve Smith said, a parent speaking against the policy.
Others said policies like this will reduce rates of suicide in LGBTQ+ kids and promote an inclusive culture.
"What it comes down to is making our trans and non-binary students understand the school is a safe place for them, as it has been for cis kids," Kara Larson said, a parent speaking in support of the policy. "These students want nothing more than to be themselves and be comfortable in their own skin."
Lawyers for the district pointed out that the Iowa Civil Rights Act and the U.S. Department of Education have language outlawing discrimination against transgender students:
Iowa Civil Rights Act:
"10. 'Gender identity' means a gender-related identity of a person, regardless of the person’s assigned sex at birth.
...
216.9 Unfair or discriminatory practices - education.
1. It is an unfair or discriminatory practice for any educational institution to discriminate on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability in any program or activity. Such discriminatory practices shall include but not be limited to the following practices:
A. Exclusion of a person or persons from participation in, denial of the benefits of, or subjection to discrimination in any academic, extracurricular, research, occupational training, or other program or activity except athletic programs..."
- Iowa Civil Rights Act
The U.S. Department of Education's language regarding Title IX protections for transgender students is not as clearly defined. However, the USDE did release an interpretation of the recent Supreme Court case Bostock v. Clayton County, in which it says Title IX applies to gender identity.
"Title IX Prohibits Discrimination Based on Sexual Orientation and Gender Identity. Consistent with the Supreme Court’s ruling and analysis in Bostock, the Department interprets Title IX’s prohibition on discrimination ‘‘on the basis of sex’’ to encompass discrimination on the basis of sexual orientation and gender identity."
- USDE Guidance 6/22/21Â
"Whether you form it into a formal policy and notify parents would not change your obligations under Title IX and the Iowa Civil Rights Act," Mariam Van Heukelem said with Ahlers & Cooney Attorneys, who represents Linn-Mar.
Van Heukelem would not comment on how this interacts with the recent law Governor Reynolds signed banning trans athletes from competing alongside their preferred gender, but the school board president said the two can coexist.
"We've had an increase in questions around transgender and the athletic bill and things like that --which this policy does not go against that bill. This is a clarification. You can refer to the policy that adheres to Title IX...Even if we all voted "NO" tonight, these are still the policies we'd have to follow," Board of Education President Brittania Morey said.
This legal explanation came after 76 people addressed the school board for over three hours about their concerns or support.
Aside from the use of bathrooms or locker rooms, another complaint from opponents was parent transparency.
The policy says any student in seventh grade or older can set a "Gender Support Plan" about what facilities they use without their parent's permission.
“It is horrible and terrible when you read that the school is going to make plans with your student and not inform the parents —for whatever reason— I think that’s a bad idea," Cindy Kettelkamp said.
Members of the Linn-Mar Gay-Straight Alliance, called Spectrum, said some autonomy from parents is necessary, as some students may face backlash within their homes for their gender-identity.
"By not informing parents, you are allowing students to be in a comfortable environment at school, without being kicked out, punished or even harmed by their own parents," Dani Kallas said, president of Spectrum.
Van Heukelem recommended a wording change to the board that recognizes the Family Education Rights and Privacy Act, or FERPA, gives parents a legal right to see any "educational plans" for their students.
She said conversations with a counselor, doctor or nurse would remain private, but once it is made into a procedure passed between school administrators, then parents have an unquestionable right to see it.
The board included this wording change and passed the policy 5-2. According to Superintendent Shannon Bisgard, this creates an environment where a student (7th grade or older) could make a Gender Support Plan without parental permission, but if the parent asked to see the plan, the district would have to provide it.
After the meeting, Kat Power, the faculty advisor for Spectrum, said she was proud of LGBTQ+ students for speaking at the meeting, and happy with the school board's vote.
"I was very proud of them but I also felt very sad for them to have to listen to all of that hate speech. It's not easy at any age," Power said. "I feel proud that the rights they (the students) already had are being recognized."
(NOTE: The video attached to this story incorrectly states the board needed three votes to pass the policy; it only needed two.)
