The school board decided Monday, September 12 not to make a decision on the transgender bathroom policy before receiving feedback through a survey sent out to USD 231 staff members first. All board members, with the exception of board member Katie Williams, were against surveying students.

Parents and community members on both sides of the issue packed the boardroom Monday night. 29 people on both sides of the issue addressed the board during public comments.

Many parents support the proposed policy, and some have threatened to leave the district if transgender students are allowed to use restrooms and locker rooms of their choice.

Students have voiced their concerns and pled for protections for LGBTQ+ students. They, parents, community members and some teachers have said they worry about the harm the policy would cause on transgender students’ mental health and their already high risk for suicide.

Teachers have said they’re worried about the harm “outting” a student would cause by having to ask for parental permission to use the student’s preferred pronouns or the security of their own jobs.

Jake Melvin, an ally of the LGBTQ+ community, said the district couldn’t use religion to make a policy and he was glad he didn’t have children in the district. “If the pronoun policy is enacted children will suffer,”he said. Melvin said board members were being hypocritical because during the pandemic they made decisions based on their concerns for mental health and the damage masks were causing, but weren’t concerned about the mental health for a select group of students.

“Represen all Gardner citizens not just the ones you agree with,”he said.

Carter Robinson, a GEHS 2020 graduate, said they had been trans since they were 16 years old and seen an insane amount of transphobia with their time in the school district. “I was too young to stand up then,”they said. “We are people.” Robinson said 20 percent of trans youth attempt suicide at some point and are four times more likely to suffer from sex abuse. “Support trans people and lower the suicide rates,”they said. Robinson said the proposed policy breaks the constitutional right to privacy.

“Teach people not to be creeps,”they said. “It’s prejudiced. You have an obligation to create a safe space for students.” Christina Hodges, parent, said she watched last month as people spouted their religious beliefs to the board. “I listened to disgusting remarks,”she said. “It’s sickening listening to you obsessed with children’s genitalia.”

Hodges said she had seen board members spew their righteousness in private Facebook groups. “Where is your generosity and courage,”she said. Hodges said the district was opening themselves up to a lawsuit by discriminating towards children. “The ACLU warned you already,”she said. “I have warned you.” The American Civil Liberties Union of Kansas has sent letters to the board with warnings that the policy would violate federal law and isolate and harm transgender students.

A representative addressed the board at the Monday, September 12 meeting. D.C. Hiegert, ACLU representative, said they were concerned that even the egregious parts of the policy that had been removed in the revision the policy still violates rights and Title IX, and that it was already settled law as part of the Equal Protection Clause in the U.S. Constitution. “It negatively impacts mental health and threatens federal funding,”they said. “It still doesn’t provide sufficient guidance.”

Hiegert said the board needed to spend more time getting the policy right. “It does nothing but harm the district,”they said. “The board shouldn’t give into fear mongering.” The debate began at the July meeting when board member Jeff Miller proposed requiring teachers to use students’ birth pronouns listed on their birth certificates and students to use the bathrooms assigned to their sex at birth. The board didn’t make any decisions at that time and requested for district staff and legal counsel to review options for a new, revised policy. The new scaled-back, revised policy the district returned with stated staff should use students’ preferred names and pronouns, but must request consent from their parents first if the student is under the age of 18, “unless it is determined by the district after consultation with the district’s attorney that notification of the parent/guardian is not required.”

Parents and teachers have voiced concerns that this would force staff to “out” LGBTQ+ students and put them at potential risk for harm. Katie Gertz, an English teacher for five years, said it forcibly put students at risk. “Not all LGBTQ students live in environments where they are supported,”she said.

Gertz said many students do have a safe environment at home but for others school is their only place to feel secure.

Dr. Lindsay Baldridge, a former student and current pediatrician, said sex, gender and expression were all a multidimensional spectrum and she urged against the policy.

“Sex is not based on chromosomes,”she said.

Jeffrey Cramer, speech and debate teacher, said the policy gives staff about one more thing to worry about, the district had already lost 60 staff members the last year and there were also dire and fatal consequences for students. “Do better as a community,”he said.

The new, revised policy also stated students must use the restrooms and locker rooms that align with their sex at birth or use unisex facilities.

Gardner Edgerton High School currently has two unisex bathrooms, but students have complained they are not enough and difficult to reach depending on which part of the building you are in and which class you are trying to get to throughout the day. Hiegert said the unisex bathrooms aren’t really a solution because it means any trans student will have to be excluded from restrooms and locker rooms. “That has a stigmatizing effect and can be detrimental to their mental health,”they said. The letter the ACLU sent to the board stated, “Once finalized, these new regulations will provide further authority that trans students’ rights are protected under federal antidiscrimination law — and policies like the one proposed in your district infringe on those rights. The proposed policy not only raises legal concerns — it also creates a detrimental and unwelcoming environment for the district’s trans students that could create lasting harm. Instead, the district should issue clear guidance that teachers and staff must honor students’ requests regarding name and pronoun usage, and adopt a policy allowing transgender students to use the restroom and locker room that corresponds with their gender identity.” Others said they support the policy.

Tim Dryer, parent, said they needed to find the middle ground but the power needed to be put back into the hands of parents. “The best solution is to get out of this business,”he said. “We have a right to know what the teacher is telling the student.” Erica Sheets, parent and member of the Moms for Liberty Group, said unisex bathrooms were available and parents aren’t protected or considered the final authority.

“Where is the policy for the 99 percent,”she said. “Parents have a constitutional right for the control and upbringing of their children.”

Dr. Brian Huff, superintendent, said it was a highly emotional, charged topic and the board wanted a safe and welcoming environment for all students and staff.

“We want dignity for all students,”he said. “It’s a lot of balancing of competing interests with a multitude of different influences.”

Dr. Huff said in the meantime it was important to provide some sort of guidance while navigating difficult, “somewhat treacherous waters.”

“We want to gather input,” he said. “It’s an interesting time. I pray you give us some grace. We want to listen to all opportunities. The voices behind the school board are trying to do their best.”

Tom Reddin, board president, said he had received several emails, texts and calls with thoughts and concerns.

“I would like to see more input from staff, because you’ll be directly impacted,”he said. Nick Robinson, board member, said he wanted more clarity on locker room and bathroom use.

Katie Williams, board member, said she had concerns about lawsuits.

“A quick Google search of transgender student lawsuit—and there are pages upon pages of lawsuits that students won,”she said. “I saw $1.4 million paid out to students because they were not allowed to use the restroom they identified with. They’ve all won against districts for the same wording policy. Can we afford to lose.”

Williams said they should explore the cost and feasibility to install floor to ceiling stalls to insure more privacy versus keeping parents out of restrooms they are comfortable in. Lana Sutton, board Vice President, said those types of stalls with full walls would create other hazards. Greg Chapman, board member, said if a student did drive in the bathroom the only way to know they had overdosed would be because someone saw them on the floor. Board members said feedback they had received from the community said parents and students didn’t want boys in the girls restrooms. Robinson said it was about protecting the integrity of freedoms.

Williams said transgender students were also entitled to their dignity and privacy too.

“Not affirming them is not giving them their dignity,”she said.

Williams said she had heard from people that they weren’t comfortable with people not in the community making decisions for them.

“We can’t reject the majority for the minority,”Reddin said.

Sutton said everyone on the board values the students and the policy provides dignity for everyone.

Board members said the high school does provide two unisex bathrooms.

Williams said special needs students were also using the unisex bathrooms and they weren’t centrally located if there was an emergency. District Staff said the unisex bathrooms were in the 200 and 400 hallways and that other students with special needs need those restrooms too.

Chapman said he was also in favor of not hiding things from parents, but each case is unique and they should consider each student seperately to decide where the line is drawn of always notifying parents.

Dr. Huff said they should err on the side of reporting and include counseling and support staff. “We want to try to dance the line of parent notification and child health,”he said. Chapman said he had heard numerous times it was a mental health issue.

Williams said she didn’t support keeping secrets from students, but they were not to “out” students.

“We have no business outting them,”she said.

Sutton said she wanted to know if there were mental health and counseling resources for students.

“I will never be ok with a parent not involved with what transpires with a student,”she said. Dr. Huff said it would be the professional judgement of the staff.

Williams said the language of the policy was too broad, alienates a group of people and would cause more mental health issues. Melissa McIntyre, director of student support services, said the district has a partnership with Johnson County Mental Health Services. “We don’t individually refer because then we are liable for that,”she said.

McIntyre said they are referred to a crisis responder and they are asked if they have talked to their parents.

“We are trained to be student advocates but not push our views,”she said. “There is a code of ethics and we act in the best interest. Every single student is different. We always look at the safety.”

Williams said she thought for a policy that greatly affects a certain group of people they need to listen to them.

“You want to listen to this group of students but not others,” Reddin said.

Williams said transgendered boys would rather wet their pants than use a girls bathroom.

Reddin said females are skipping school to go home to use the bathroom.

“We need every student to feel comfortable,”he said.

Board members said they supported the staff survey, but students weren’t capable of answering the survey.

“We can’t ask students for every policy,”Chapman said. “It’s a slippery slope. There is a reason why we don’t vote until 18.”

Miller said if there isn’t 100 percent participation in the survey they won’t get an accurate reading. “We shouldn’t allow students to make policy,”he said. Williams said she would like to hear from all representatives, staff and students. Dr. Huff said he would like them to land on a place where everyone feels equally heard. “Something we feel is workable for all students,”he said. Dr. Huff said two law firms had reviewed the policy and given their input.

“There’s lot of opinions to bring together,”he said. “Bathroom use and parent notification are the biggest areas. The other area is around athletics. KSHA supports the policy by the board.”

Ellis said his issue with the guidelines were they were too vague. “We either do this or not,”he said. “We have to make a policy and stand behind it.” The board encouraged all staff to fill out the surveys. Dr. Huff said they were anonymous and couldn’t be tracked.

The policy will be edited for another review by September 26.