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Darien Board adopts revised nondiscrimination policies, removes Title IX reference

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Summary

The Darien Board of Education voted to adopt revised nondiscrimination and harassment policies after reviewing a legal opinion; vote 6–1–1 on the package with one member opposed and one abstention.

The Darien Board of Education on Monday adopted revised nondiscrimination and harassment policies, removing a reference to a district Title IX policy and approving the package after a review of a legal opinion from Goodwin law firm.

Board Chair and counsel presented the revisions at the meeting after the board requested the firm's written legal opinion. The opinion stated that Connecticut law protects students and staff from discrimination on the basis of gender identity and expression and noted uncertainty about whether a federal executive order would supplant Connecticut law. The opinion also said the district must have a valid Title IX policy; the version currently on the district website has been found invalid by courts and the federal government, the memo said.

Board member John moved to adopt the recommended policy revisions, which included eliminating the Title IX reference in policy 52-75. The motion passed with six members voting yes (Karen, McCammon, Nelson, Maroney, Loveland and Welsh), one member voting no (Brown) and one abstention (Grambley).

Board members who spoke during the discussion emphasized following counsel guidance as state and federal requirements continue to evolve. The board packet included Goodwin's written opinion, which the board said it considered as it voted on the second reading of Board of Education policies 41-18 and 52-75 and related community and personnel nondiscrimination policies.

The board did not rescind other policies during the meeting; it recorded follow-up items including a communications plan and crosswalking the new language with the district's strategic plan and board handbook.

The board's action makes the revised nondiscrimination language the district's current policy pending any further legal developments or additional board action.