Getting your Trinity Audio player ready...

NILES — Brandywine School Board members continue to grapple with questions on how to handle new federal Title IX rules that expand protections for transgender students. The discussion again dominated Monday’s school board meeting and ended with the issue still unresolved.

     Board members have been discussing the Title IX topic for three meetings. The changes in the federal regulations went into effect Aug. 1, expanding the 1972 federal law barring sex discrimination in education to add protections for LGTBQ+ students. At least three board members want to recognize the new law but also add protections for female students.

     It appears school board members could have more time to make a decision as Board President Elaine McKee reported that Brandywine falls under a court injunction obtained by the Moms for Liberty national group. She said that the injunction allows school districts that qualify under that injunction to not have to adhere to the new rules.

     That statement was questioned by Superintendent Travis Walker who said he and the district’s attorneys weren’t aware that Brandywine was on the list of school districts affected by the Moms for Liberty injunction.

     Board Vice-President Thomas Payne had a different take on the matter. “I’m not trying to lessen Moms for Liberty but Brandywine stands on its own and as a community we have to decide what we’re going to do and how we’re going to proceed,” he said.

     “We have to do what we can to protect everyone’s privacy no matter how they identify,” he added. “We have to decide what makes sense and is in the best interest of the kids. Our focus should be the safety and security of the kids both emotionally and physically, whatever the case may be.”

     Board members and Walker continued to debate exactly what the course forward should be for the district and whether the district should revise the Title IX policy presented to the board or adopt it as is and then put in place new procedures to protect students.

Walker noted that the new Title IX rule is about more than allowing transgender students to use the bathroom of their choice or participate in sports of the gender they wish, it broadens and changes what and how grievances can be filed and handled.

     Payne again had a different take. “The main focus of our discussion should be how we protect the safety, security and vulnerability of students,” he said. “We have a situation where we’re mandated to allow biological males and females to enter into spaces they were previously not allowed to enter. We have to protect those who are not comfortable with that.”

     Other board members disagreed. Jessica Crouch said she prefers the new Title IX policy proposed by the district’s attorneys because it gives her more rights as a parent to appeal district actions. John Jarpe said he thinks there could be legal ramifications by not adopting the recommended policy regarding Title IX.

     Walker said that the district’s attorneys have told him that if the district could end up not being covered by liability insurance if it doesn’t adopt the recommended policy on the new Title IX rule and in fact alters or changes it.

     Board members did agree with Walker on his suggestion to form an ad hoc committee of board members, students, parents and staff to get their input on what the district should do to protect all students’ rights.

     The topic was also addressed in public comments. Teacher Debbie Carew said the board should do more research about what safety procedures are already in place. She said that it is the transgender students who are being bullied, feel unsafe and need accommodations and protection.

     “Your tone seems very discriminatory against the trans kids, that having them in the restroom makes it unsafe for other kids,” she said. “Trans students are not safe in there now anyway because of how other students treat them. We already have procedures in place for them to feel safer.”

     Members of the Out Center of Southwest Michigan also spoke. Mary Jo Schnell said statistics they’ve gathered show that 21.6 percent of Berrien County students identify as LGBTQ which translates to 1,934 students in the county. She noted that many also suffer from depression and have considered suicide.

     “I’ve watched your discussions, that you’re not using proper pronouns may come from unconscious bias,” she said. “It is of utmost importance for the district to use supportive and affirming language.”