Dysart board removes the word 'gender' from anti-discrimination policy after legal briefing

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Summary

After a legal briefing on current federal case law, the governing board approved revisions to district policies and directed staff to remove the term 'gender' from policy 1202, keeping other protected categories in place.

The Dysart Unified School District governing board voted Thursday to approve revisions to district policies that included removing the term "gender" from Policy 1202 (equal employment opportunities and harassment language).

Board members discussed the change after staff and the district attorney reviewed recent federal litigation and regulatory activity. The district attorney told the board the term "sex" has historically referred to biological characteristics, while "gender" can carry social or identity meanings that are currently the subject of litigation and shifting federal guidance.

The district attorney described options for the board: continue to include the broader parenthetical language or remove the term "gender" and rely on courts and case law to define coverage. Board members debated keeping other enumerated protections such as sexual orientation and pregnancy; several said they wanted to remove only the specific word "gender" while retaining the other listed categories.

On a motion to approve the policy revisions as presented with the removal of the term "gender," the board voted in favor and the motion carried. Board members asked staff to work with the district attorney to update the policy text in all places the term appears.

Board discussion included questions about timing and process for notifying employees and the community. Staff said the change would be made to the policy chapter and posted once the revised policy language is finalized and approved by the superintendent's office.

No disciplinary or personnel actions were taken as a result of the discussion; the vote was limited to policy language changes and the board provided staff direction to implement the textual edits.