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Shenandoah County school board rejects proposed changes to privacy and athletics policy after heated debate

August 15, 2025 | SHENANDOAH CO PBLC SCHS, School Districts, Virginia


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Shenandoah County school board rejects proposed changes to privacy and athletics policy after heated debate
Shenandoah County, Va. — The Shenandoah County School Board on Aug. 14 debated proposed revisions to policy JFHAB/GBAB — titled "Privacy, Dignity and Respect for All Students and Parents" — but voted against adopting the changes after two amendment attempts failed, leaving the division's existing, gender-neutral language in place.

The board’s discussion dominated the meeting and centered on whether the policy should explicitly restrict biological males from participating in girls-only athletics, and on the legal risk of adopting more specific language. Two separate proposed amendments, each intended to tighten protections for female athletes, were defeated by 4–2 votes after extended discussion and legal input.

Why it matters: Board members and members of the public framed the question as balancing the protection of girls’ athletic opportunities with the legal risks of adopting more prescriptive, sex-based language. Legal counsel and multiple board attorneys present warned that some proposed language could increase the division’s vulnerability to challenges under Title IX and the U.S. Constitution’s equal-protection doctrine.

Board debate and votes

The board considered an amendment (Amendment 1) that would have added qualifying language to section 3.h.2 to prohibit biological males from participating in athletics designated for female athletes when "competitive skills, safety considerations, or the preservation of equal athletic opportunities would be materially affected by physiological differences between the average members of each sex." That amendment was defeated 4–2. Recorded votes on Amendment 1 were: School Board Chairman James Barlow — No; Miss Carlinia — Yes; Mr. Street — No; Mr. Gutshall — No; Mr. Vance — No; Mr. Rickard — Yes (result: 2 yes, 4 no).

A second amendment (Amendment 2) — drafted to say, in part, that "no student athlete or coach shall be compelled to participate in any athletic program, events, or competition where participation with individuals of the opposite biological sex is permitted" — also failed 4–2. The board then returned to the original motion to adopt the full set of proposed revisions; that motion likewise failed on a 4–2 vote.

Legal counsel’s role

Board members repeatedly cited written legal advice during the debate. One attorney summarized the legal analysis for the board, saying that the proposed additions were "largely redundant from a legal standpoint" and that more explicit, sex-specific language could open venues for legal challenge under Title IX and the equal-protection clause. Several board members said they had consulted multiple outside lawyers and the attorney general’s guidance in deciding whether to change the district’s existing policy.

Public comments and positions

Members of the public addressed the board during the public-comment period. Linda Thomas Fowler urged the board to remove the athletics section entirely, saying, "Remove section h on athletics in its entirety. It is discrimination dressed up as protecting girls." Other speakers, including parents and local residents, urged the board to protect female athletes and to align with guidance from the Virginia High School League (VHSL).

Other formal actions at the meeting

Votes at a glance

- Motion to convene a closed meeting under the Virginia Freedom of Information Act (sections cited during the motion): approved (voice vote; motion moved and seconded; board signified assent).
- Certification of closed meeting by roll call upon reconvening: board read and individually certified the closed-session statement.
- Consent agenda (minutes, preapproval of paid bills, donations, field trips, religious exemptions, foreign exchange students, and library materials): approved. (One member voiced opposition during the vote; the record does not specify a roll-call tally by name for that item.)
- Personnel recommendations: approved (motion moved and seconded; voice vote in favor).
- Proposed revisions to JFHAB/GBAB (privacy, dignity, respect): motion to adopt revisions failed after two amendment attempts, final outcome — failed (4–2).
- Naming Signal Knob Middle School football field in honor of James "Jimbo" Stout: approved unanimously.
- Increase to FY2026 special budget (additional reimbursable federal funds): appropriation increase of $23,726 approved unanimously.

Other informational items

- Superintendent Dr. Angela Shepherd briefed the board on a new regulation establishing a peer review and appeal process for final grades. She said the draft establishes legitimate grounds for appeal (clerical/calculation error, misapplication of grading criteria, procedural irregularity, discrimination or retaliation) and includes accommodations for students with disabilities (Section 504/IDEA matters). The superintendent said that if the school board does not request formal action, the regulation will be implemented by the division the next day.

- Summer school report: staff summarized a four-week summer program. Enrollment reported by staff: 158 elementary students and 114 middle-school students. The program included language-arts, math, STEM, guest speakers, field trips (including Seven Bends State Park), and a visit by an Air Care helicopter to a southern campus.

What the board decided to do next

By voting down the proposed policy language, the board left the division’s existing, gender-neutral policy in place and signaled reliance on the division’s legal advice and existing VHSL guidance. The superintendent indicated that regulations drafted by her office (for grade appeals and the privacy/dignity policies) would take effect unless the board requested further review; the board did not approve the proposed policy revisions.

The meeting also approved routine personnel and budget items, named a football field in a unanimous vote and received the summer-school update. The board certified it had lawfully discussed only the items identified in its motion during the closed session and carried on other business per the agenda.

Ending

Board members said they would continue monitoring legal developments, VHSL guidance and any state or federal changes that could affect policy. Several members and speakers urged the board to prioritize student safety, legal compliance and clear procedures for future disputes over athletics eligibility and student privacy.

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