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Board tables final reading of MSBA nondiscrimination policy after questions on scope and clarity
Summary
After questions about whether the new MSBA model rewrite clearly addresses locker‑room and restroom issues and whether immediate adoption is required by law, the board voted 7–0 to table the final reading of policy 5.22 (Title IX / nondiscrimination) indefinitely and continue operating under the existing policy.
The board debated a proposed final reading of policy 5.22 (MSBA model nondiscrimination policy, grievance procedures and process) after several members raised substantive concerns about the rewrite and a lack of clarity in the materials provided.
One board member said the MSBA draft appeared to be a complete rewrite rather than a redline update and questioned why a letter referencing a specific Minnesota court case was attached when the policy text did not include any explicit guidance tied to that case. Board members worried that adopting an unclear or incomplete model policy now could create confusion for schools and staff. Legal counsel’s summary — read aloud earlier — reminded the board that statute supersedes policy, and that a district may continue operating under an existing policy while awaiting clearer guidance.
Faced with those concerns a motion from Marilyn Severson, seconded by AJ Lindell, to table the final reading of 5.22 indefinitely carried by voice vote, recorded as 7 to 0. The board agreed to continue running under the existing policy until the board receives clearer legal or MSBA guidance and/or additional redline materials.
