The Southern York County School District Board of Education on Wednesday voted 8–1 to adopt Policy 2.53, a policy that makes sex‑based distinctions for access to multi‑user privacy facilities such as school locker rooms and restrooms.

The policy was the focus of a public comment urging the board to table the measure until the district’s solicitor can complete an independent legal analysis; the board moved forward after its solicitor briefed members about recent federal court decisions and regulatory changes.

The policy drew public concern from Steph Musser of Codorus Township, who urged the board to delay adoption until ongoing legal challenges to a January 2025 presidential executive order and other Title IX matters are resolved. “Until the law has changed and the legal challenges to the January 2025 executive orders have been resolved, please table this policy,” Musser said during public comment.

District counsel Jeff Litz reviewed the shifting legal landscape for the board. Litz summarized recent developments including an April U.S. Department of Education determination and a U.S. Supreme Court decision about state limits on medical treatments that the solicitor said bear on how federal courts are treating biological‑sex classifications. Litz also described conflicting federal appellate rulings and noted that no controlling federal appellate decision in Pennsylvania has definitively ruled on a policy identical to 2.53.

Board members debated legal risk and student privacy. President Jen Henkel and other members said the policy is intended to prevent students from being placed in “an intimate or private setting in a bathroom or locker room with a student of the opposite sex,” language several members described as protecting student privacy. Board members also discussed the section of the policy that addresses adult staff supervision (section D.1) and clarified that the provision describes which district employees may enter facilities to supervise students.

After discussion, board member Nathan Henkel moved to approve Policy 2.53, and the board conducted a roll call vote. The vote was recorded as follows: Nathan Henkel, yes; James Holly, no; Joseph (Joe) Wilson, yes; Elizabeth Doberman, yes; William (Bill) Hall, yes; Mary Lee Hall, yes; Samantha Hall, yes; Jeremy Hash, yes; and Jen Henkel, yes. The motion passed 8–1.

The board and its counsel acknowledged that litigation and federal guidance on Title IX and related matters are evolving. Litz advised the board that circuit splits and pending U.S. Supreme Court activity make the law “muddy” and recommended continued monitoring of cases and regulations.

The board’s vote implements the policy districtwide. Board members said they expect counsel and administration to continue tracking court decisions and to report back if changes in law require policy revisions.