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ELIDA — Although parents and educators alike both want a safe environment for their students, how that environment manifests itself has become a bone of contention. It’s important for schools to create an inclusive and safe environment for all students, including transgender students. The bathroom policy at Elida Schools is being questioned by a citizen group Elida Parents Against Bathroom Policy.
The group has held meetings to organize in opposition to a policy at Elida which allows a student to use the bathroom according to gender identity instead of gender at birth. Disagreements about transgender bathroom policies are complex and emotional. Yet the group is seeking to find common ground. In the absence of statewide educational policy on transgender students, local district policies vary. The goal of both the parents group and the school is to create a safe and welcoming environment for all students.
The communications between the two are at best difficult. School board meetings limit the time that parents can address the school board. Most school boards in the area limit the public in initially addressing issues that are on the agenda, which occurs early in the meeting. Then later in the meeting, there is a second opportunity for the public to address officials at most board meetings on any topic. However, there is a time limit on public comments. Many boards limit such talks to 3 to 5 minutes. There usually is no discussion that occurs. Schools should have open lines of communication with parents and guardians so that any safety concerns or incidents may be addressed.
Local control of school boards has been an important part of the educational system in Ohio. Local school boards set policies that oversee the operation of local schools. Local control is supposed to allow communities to have a direct role in the education of their children, ensuring that decisions are made with local needs in mind. Yet, state and federal laws must also be followed.
The U.S. Department of Education, Office of Civil Rights and U.S. Department of Justice all maintain that Title IX protections under the 1972 Title IX civil rights law include treating transgender students consistently with their gender identity. President Biden issued executive order 13988, officially titled “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientationon,” on January 20, 2021 — Biden’s first day in office — which requires all federal agencies to extend existing protections on the basis of sex to include sexual orientation and gender identity.
Executive orders are generally used to direct federal agencies and officials in their execution of the laws and policies established by Congress or to implement policies and programs that the President has deemed necessary or appropriate. Executive orders can be controversial, as they are issued by the President without input or approval from Congress. Some executive orders have been challenged in court and overturned when they are found to be unconstitutional or exceed the President’s authority.
In a Lima News article last summer, Sara Clark, chief legal counsel for the Ohio School Boards Association, said that several federal appellate rulings, including by the Sixth Circuit that covers Ohio, have agreed that transgender students should be granted access to their preferred restrooms and locker rooms, but the U.S. Supreme Court hasn’t yet ruled on the subject.
“Over the past several years, we have received many questions from local school districts on the topic of accommodating transgender students and whether specific accommodations are required, given the guidance in place at the time. We encourage districts to work with students requesting accommodations on a case-by-case basis,” Clark said.
“Most districts have policy language that models the original language in the Title IX statute that prohibits individuals from being discriminated against ‘on the basis of sex,’” Clark said. “Some boards have specifically defined sex in their discrimination policies to include sexual orientation and gender identity. Some boards have worked with their board counsel to adopt stand-alone policies that prohibit discrimination against transgender students and outline how the district will address specific requests.”
The Elida Parents Against Bathroom Policy is planning to be at the next board meeting scheduled for 7 p.m. on April 18th at Elida High School. It is important that all involved approach the issue with an open mind listening to all perspectives, remembering the common goal is to create a safe and welcoming environment for all students to learn.
