LCCTC board rejects gender identity revisions to Title IX
Aug. 19—The Lawrence County Career and Technical Center's Joint Operating Committee rejected recommended changes to the school's Title IX policy related to gender identity.
The board voted 6-1 during Thursday's meeting. Members Debra Allebach, Sherry Patton, John Colella, Michael Crawford, Terry Masters and alternate member Philip Ketzel voted to reject, while New Castle's Mark Panella voted to accept. Members Kathy Galbreath, Jennifer Tomon, George Gabriel, Gary Schooley and John Lambo were absent from the meeting.
These revisions were recommended by the Pennsylvania School Boards Association based on April 19 changes to Title IX made by the U.S. Department of Education and follows a similar rejection the night before by the Laurel School Board.
LCCTC Director Leonard Rich also serves as Laurel's superintendent and recommended the JOC reject the changes.
Title IX is part of the Education Amendments of 1972 and prohibits sex-based discrimination in any school or educational program that receives federal funding.
These changes, which took effect Aug. 1, broaden the definition of sex discrimination in the law to include all forms of sexual orientation and gender identity.
Rich said the changes would require school districts to not discriminate based on sex and gender identity for both harassment and assault cases and in sports, would require new accommodations for transgender students and required the development of new protections for privacy, safety and fairness of existing students and athletes.
School Solicitor Michael Mangino said the Title IX changes were meant to bring in an additional class of people under anti-discrimination protection.
"Do we recognize gender identification in our policies as a protected class," asked Mangino, interpreting the U.S. Department of Education change.
Mangino said state Attorney General Michelle Henry is adamant these new provisions are followed and said there could be a chance federal funding is cut if the school doesn't follow the provisions.
Rich said while he wants to protect students against harassment and discrimination, he does not agree with transgender students sharing locker rooms and restrooms nor does he want transgender females to compete in female sports. The LCCTC does not sponsor athletic teams.
"I think this jeopardizes student safety," Rich said.
Rich said 15 states, not including Pennsylvania, are currently challenging the changes in court. He said there are 40 lawsuits across the country, including a joint lawsuit with different states and groups such as Parents Defending Education, the Independent Women's Law Center, Independent Women's Network and Speech First.
Panella said while he doesn't agree with the changes ideologically, he said the school needs to follow the law of the land. Other members, including Ketzel and Patton, as well as Rich, took issue with the interpretation that the changes are law instead of recommendations.
"I feel it's been forced down our throats," Patton said. "We're going to risk our public schools if we keep going down this radical path."
Mangino said there could be a way for schools like the LCCTC to legally not follow the changes.
He said a federal judge has ruled if any school employees or parents are involved with any of the groups with the lawsuits, the building can be excluded from following the changes until the lawsuits are settled.
However, Mangino said this applies to individual buildings, not entire districts.
The Seneca Valley School District has one building excluded from following the changes currently, while the rest of the district buildings are not.
New Castle Area School District Superintendent Dr. Gregg Paladina, who is the LCCTC superintendent-of-record this school year, said he believes the school should follow the changes due to the risk of losing funding.
"Gender identity in the bathroom has been going on for years," Paladina said.
Added Paladina to Rich: "I do agree with you philosophically."
Panella said the federal government and state should provide funding to schools to revamp their bathrooms and locker rooms.