Board adopts Title IX nondiscrimination language tracked to statute after contentious debate; 5–2 vote

The board voted to adopt a revised Title IX nondiscrimination policy after a lengthy discussion about whether the policy should explicitly list sexual orientation and other categories.

Board members debated whether the board should name categories such as sexual orientation or rely on the statutory term — frequently described in the meeting as “sex” or “***” — which, according to district counsel, is interpreted by the relevant federal circuit to include sexual orientation. Several trustees said tracking the statutory language avoids adding or removing categories from the policy text that may already be covered by law; other trustees said removing explicit wording would send an exclusionary message to students and families.

Counsel told the board that leaving the policy aligned with the statute is legally sound and that Title IX case law in the applicable circuit has been read to include sexual orientation in the protected category “sex.” Trustees ultimately voted to adopt the policy language that tracks the statute. The roll call on the substitute motion to adopt as written recorded five ayes and two nos: Mister David Perry (aye), Miss Barnhart (yes), Miss Mason (yes), Mister Wildebore (aye), Miss Bradford (yes); Dr. Tim Merrick and Miss Justice voted no.

During the discussion, some board members urged preservation of inclusive, explicit language; others argued statutory alignment reduces risk of later legal challenge and that operational details should be handled by administration. Board counsel confirmed that operationalizing the policy — the superintendent and staff implementing procedures — remains an administrative function and advised trustees that adhering to statutory wording is the defensible approach.

There was no amendment creating an exception or new procedure in the meeting; the vote adopted the policy language as recommended. Several trustees said they want to ensure, in practice, that students are protected and that the administration enforces nondiscrimination protections consistently.

What this means: The board’s updated policy tracks statutory nondiscrimination language. The administration handles the policy’s operational details; trustees indicated they expect staff to enforce nondiscrimination protections regardless of whether certain categories are spelled out in the policy text.