BISD leadership affirms protections for LGBTQ students

Despite a maelstrom from D.C., Washington students’ rights will remain intact, local leaders say.

Executive orders from President Trump that reverse last year’s new Title IX regulations that restrict gender markers to male and female, and extend immigration enforcement to school property, as well as threats to freeze federal funding, have left many school districts reeling with more questions than answers.

But on Bainbridge Island and statewide, school policies prohibiting discrimination will stay largely unchanged.

Kristen Haizlip, director of educational services at the BI School District, addressed the flurry of legal orders and explained how they affect governance at BISD at the school board meeting Feb. 13.

Trump’s orders are numerous. One targets transgender students, attempting to bar them from participating in girls’ sports. Another authorizes Immigration and Customs Enforcement to enter school property. A third restricts the gender markers on official documents to just “male” and “female,” and removes the neutral “X” marker and the marker indicating a person has undergone a change in gender.

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Presidential executive orders do not create or amend laws, but change how federal agencies enforce laws within the limits of established regulations, like court interpretations, Haizlip explained. That means that the state’s policies — which protect students from discrimination and invasions of privacy, including those in a protected class, such as a racial minority or gender orientation — are legally unaffected.

As a public school district, BISD must still comply with federal law, which meant rolling back its official procedure on sexual harassment to a legally compliant version from 2020 and retiring a policy that protects pregnant and parenting students from discrimination. But that does not mean the district will back down from its values, Haizlip said.

“State law, and more locally district policy, can provide more rights and protections than the federal level, so it doesn’t supersede our ability to create a more-protected space for our students and staff,” Haizlip said. “We’re allowed to put more protections in to honor the identities of the students and staff in our community.”

BISD’s rejection of Trump’s policies echoed state schools leadership.

In a memo to all school districts, the Office of the Superintendent of Public Instruction explained that state law “expressly prohibits discrimination based on sexual orientation, gender identity and gender expression,” which means that despite reverting to the 2020 Title IX laws, schools are still obligated to serve all students without discrimination — including those from legally protected classes, such as the LGBTQ community.

State schools chief Chris Reykdal says in a statement: “Washington will do everything in our power to defend the rule of law, states’ rights to establish education policy and to protect the beautiful diversity of our 1.1 million students and educators. We believe in inclusion over discrimination, and love over hate.”

School leadership may be aligned on policy changes, but some BISD community members are split on the details.

Jeff Dean, an attorney and parent of a Sakai student, expressed concern during public comment about how BISD’s student privacy policy limits the information that the district is legally required to disclose to parents, particularly related to gender identity. The district overstepped, he said, and it may be at risk of losing “more than $30 million” of federal funding because of it.

Superintendent Amii Thompson corrected Dean later, explaining that BISD receives about $900,000 from the federal Department of Education for special education and about $300,000 for a few other niche programs. “We receive very, very limited federal funds,” she said, adding it’s about 2% of their overall budget.

Other community members lauded district leadership. Janna Cawrse Esaray, a BISD staff member in the transportation department, thanked the school board for “expressing a commitment to all students” during public comment.

“I want to appreciate publicly the fact that you support the ‘radical’ notion of expressing your gender and your identity however you see fit… These are really tough issues, but when it comes down to it, we need to trust and listen to our students, no matter what grade they’re in,” Cawrse Esaray said. “…We as parents and community members can step up and help educate all of our folks, because you may not have a kid who is a member of the LGBTQ community, but lots of us do, and we understand what they’re going through.”