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BRANDYWINE — The Brandywine Community Schools Board of Education met Monday and a significant portion of the meeting was dedicated to discussion on Title IX. 

Members debated whether to adopt a new board policy that recognizes the changes in federal Title IX regulations that went into effect Aug. 1. The new rule expands the 1972 federal law barring sex discrimination in education to add protections for LGTBQ+ students.

Board members ended up defeating the adoption on a 2-3 vote with two members absent. Brian Burge and Jessica Crouch did not attend Monday’s meeting.

Board members in favor of adopting the new policy were John Jarpe and Holly Pomranka. Those against were Elaine McKee, Michelanne  McCombs and Thomas Payne. This was Jarpe’s first meeting after being appointed to the board last week by the RESA Board of Education after the Brandywine board deadlocked on who to appoint in early July.

Payne made the most comments against the proposed new policy, advocating instead for developing a policy that would recognize the new federal regulations but also add in protections for female students. He wants to gather community input for a different policy that could be voted on before the start of the school year in late August.

Pomranka questioned whether the district will be legally liable if the board doesn’t have the new policy. Payne said he didn’t think the district would have any liability unless someone filed a discrimination suit. Members also debated whether the district could lose any federal funding if it doesn’t adopt a new Title IX policy.

Superintendent Travis Walker said the district could at the most possibly lose federal funding for specific items.

“If someone files a Title IX complaint, they would ask for our policy if we went to litigation,” he said. “Then we might get into trouble if we don’t have a policy and could run into some issues.”

Payne pointed out that the district is “obviously” going to abide by the law.

“But it’s a matter of what policies can we put in place that will be in line with the statute but also assure the safety of female athletes,” he said.

“There’s been a lot of controversy over this,” he added. “My daughter went through high school sports and there is no way she would be comfortable with having males in the locker room or on the field. We have to protect girls’ safety and safe spaces. That has to be first and foremost. If a female feels uncomfortable, that should be the priority.”

“We can work to develop a policy that does both-abide by the law and protect girls so they are comfortable in the classroom and the locker room,” he said. “I feel sure we can come up with a policy that does both … We could have individual changing rooms and not allow anyone to walk around nude among other things.”

 “I would speak to the community,” he said. “I know we have differences of opinion but we are a community that cares about students and specifically female students. It’s not about discriminating against anyone. I would encourage community members to be educated and involved.”

Payne said he wanted to specifically reach out to fathers.

“I would have to think that fathers of daughters would be extremely concerned that their daughters would be exposed to the infiltration of their safe spaces,” he said. “I think we can work together and come up with a policy that mitigates our legal liability and safeguard female students.”

Jarpe suggested the board approve the policy as currently written and then adopt separate language for student handbooks and administrative guidelines to address concerns such as boys being in girls locker rooms.

“Students have the right to use the restroom of their choice, we can’t stop them,” he said. “To me, the things you’re talking about don’t belong in a Title IX policy, they’re more procedural. Maybe it’s a student handbook issue if you’re trying to protect people.”

Payne disagreed.

“I think we need to have specific language within the policy,” he said. “I think it’s something more serious than just being in a student handbook.”

Members acknowledged that it’s an issue people never envisioned 20 or 30 years ago.

“There have been a lot of things the last 20 or 30 years that we would never imagine would happen,” McCombs said. “We need to get ahead of it and not go backwards.”

Also Monday, board members hired staff, approved bread and milk bids, set substitute teacher rates and heard summer school and other updates from Walker. Staff hired were Sarah Holloway Jaymes for elementary music, Stacey Page for elementary art and Rachel Williams for fourth grade.

The bread bid went to GFS and the milk bid to Cedarcrest Dairy. The substitute teacher rate will be $120 a day initially, $140 a day for those only working for Brandywine, $152 a day for subs working 11 to 20 days for the district and $189 a day for subs working over 20 days for the district.

In updates, Walker reported that the summer school program went well, especially in targeting students on what specific skills they needed. He also reported on engagement and professional development efforts undertaken this summer and into the fall as well as countywide goals set by area superintendents to improve student outcomes.