DC Everest board adopts new Title IX policies with contingency amid ongoing litigation

The D C Everest Area School District board voted to adopt updated Title IX policies — identified in materials as PO 2264 and PO 2266 — but added contingency language and a 30‑day review requirement in case future court rulings conflict with the policies.

Supporters, including legal counsel and district leaders, said the district has received varied guidance from professional associations and its liability broker and that staff training and consistent district‑wide implementation argued for adopting the policies now. Superintendent Dr. Nye told the board the district had been advised the recent federal decision referenced in briefing materials did not affect Wisconsin schools, but noted that five district schools were identified in a separate Kansas case that could complicate some remedies.

Opponents and public commenters urged caution. Gail Marshall, who identified herself as a taxpayer, told the board the item should be tabled because ‘‘there are many court cases regarding the Title 9 policies at this time’’ and several nearby districts had delayed action. James Yidis, who said he is a farmer and recent board candidate, also urged the board to wait for adjudication.

After extended discussion about legal risk — including whether a narrow injunction named specific schools and the potential insurance implications of refusing to implement federal guidance — a board member moved to adopt both policies with the caveat that any court order could alter or nullify them, and another member successfully amended the motion to require the board to revisit the resolution within 30 days if a court ruling contradicted the district’s policies. The amendment and the final resolution were approved in roll‑call votes. Shannon voted against both the amendment and the final motion; other board members voted in favor.

The board’s action does not itself change the legal landscape. Superintendent Nye said staff will monitor developments, consult legal counsel and return to the board if required. The district packet references guidance from Neola and its professional associations; board members said further updates will be provided as case law evolves.

The board took no additional policy changes at this meeting related to Title IX; the resolution includes the contingency and an explicit pledge to revisit the issue promptly if litigation produces contrary orders.