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Committee keeps district policies' existing 'sex' language after attorney advises against adding 'biological' qualifier

5775823 · August 13, 2025
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Summary

District legal counsel recommended using the broader term already in policy to align with federal law and avoid conflict with House Bill 805; the committee voted to leave multiple policies unchanged.

The school board policy committee voted not to insert the phrase “biological” before references to sex in a string of district policies after legal counsel advised the change would not improve compliance and could create contradictions with federal law.

Why it matters: Attorney Blanchard told the committee that reverting to the plain term "sex"—the wording used in federal statutes and longstanding district policies—would keep the district in alignment with both House Bill 805 and federal non-discrimination frameworks. He said adding the word “biological” “doesn't add anything” and could create conflicts in enforcement.

What the committee decided: Committee members repeatedly voted to leave existing policies unchanged. The committee voted to make no changes or to retain the unmodified language in multiple policies (listed below) after discussion with counsel and staff. The committee recorded unanimous or near-unanimous votes to keep the current language and not add the term “biological.”

Scope and exceptions: Counsel and staff noted that the district’s existing bullying/harassment policy includes a paragraph clarifying examples are not exhaustive and that disciplinary processes still apply; staff also flagged that some federal laws (e.g., Title IX/EEOC interpretations) can affect employment and discipline decisions. Counsel recommended using the unadorned term to retain broader compliance.

Outcome: The committee decided not to edit multiple policies to add "biological" before references to sex and will keep the existing language; specific policies discussed included the district bullying/harassment policy and several personnel and program policies. Each policy vote recorded no change and will therefore not go to the full board for revision.

Ending: Committee members said they could revisit language in the future if court decisions or federal guidance change; for now, staff will proceed with the language as currently written.