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Board tables final reading of new Title IX/nondiscrimination policy for further review
Summary
Trustees voted unanimously to table a final reading of an MSBA-model nondiscrimination (Title IX) policy after members said the rewrite was vague and cited guidance not reflected in the policy text; legal counsel noted state law supersedes district policy.
The Kenyon-Wanamingo School Board voted to table indefinitely the final reading of a proposed MSBA-model nondiscrimination policy (Policy 5.22, Title IX), saying the board needed clearer language and guidance before adopting the rewrite.
Board members raised concerns that the new document appeared to be a wholesale rewrite without redline changes and that an attached letter referenced locker‑room and restroom guidance that was not explicit in the policy itself. "I saw nothing in the policy mentioning that at all," a trustee said, summarizing concerns that the accompanying materials and the policy text did not match.
Trustees and legal counsel discussed options. Counsel reiterated that statute controls and a district may continue to operate under its existing policy until clearer direction is available. "The law will always trump policy," counsel said during the discussion.
Marilyn Severson moved to table the final reading indefinitely; AJ Lindell seconded. Chair announced the motion passed by voice vote, 7–0.
Why it matters: trustees said they want to avoid adopting a policy in haste and then revising it again soon; several board members suggested bringing the issue back after conferences and additional legal or MSBA guidance. The board noted other districts are taking the same approach — waiting for clarification rather than immediately replacing their current policy.
Next steps: The board will revisit the policy when more clarification is available; no change to the district's current nondiscrimination procedures was enacted while the item is tabled.
