Immediately after Toutle Lake School Board passed on Tuesday a state-mandated policy to create inclusion for transgender students, the board voted to enter a lawsuit against the policy whenever they choose.
The lawsuit could potentially include other Washington schools, such as La Center, which are against the rule which covers restroom and locker room use for transgender students, asking for preferred pronouns, and communicating with students’ families.
About 55 people filled the audience of the Toutle Lake Jr/Sr High School library in a structured debate weighing the pros and cons of adopting the policy, already approved in areas schools including Longview, Kelso, Castle Rock and Kalama.
Almost all of the 25 people who spoke during the public comment period — including Superintendent Chris Schumaker — read from prewritten statements, going over the allotted hour by about 30 minutes.
The board ordered no applause or cheers after comments, but at least three statements against the policy received them, and more shouts from the crowd ensued after the votes.
Following the debate, school board member Heather Schoonover motioned to accept policy 3211, which in its model procedure states students should be allowed to use the restroom that corresponds with their identity and cannot be required to use an alternative restroom, but can request an alternative restroom if they choose.
Nearly all the school board members also read from prewritten statements, with the motion passing with Schoonover and board director Sherry Schwinn in favor, board member Susan Dorcheus against, and board members Lisa Mathes and Janell Wheatley abstaining.
After the vote, someone from the audience shouted that those who choose not to vote shouldn’t be on the board.
Potential consequences
Of the 25 who spoke — some of which had statements read instead of being present — 11 urged adopting the policy; 12 urged to not adopt it; one said she was neutral; and Schumaker urged adopting the policy, which was altered from the original state-suggested language and ultimately approved.
“Policy 3211 isn’t about discrimination,” Schumaker said to the audience. “It’s about local control.”
After the meeting, Schumaker told The Daily News the district worked with the Washington Office of Superintendent of Public Instruction to allow the differences.
One difference in Toutle Lake’s policy compared to the state’s example states “Students who falsely use gender identity to gain access to the opposite sex restroom of their identified gender for disingenuous reasons will be disciplined.”
What was on the line by not adopting the policy, board members said, was about $2.5 million from the state needed to keep the district’s already tight budget afloat.
Schwinn said the district has a freeze on expenditures, and questioned how the district would cover payroll without the state funds. The district’s insurer said it would pull coverage if they go against state law, she added.
“We could lose the school,” Schwinn said, wiping tears from her eyes.
But some in the crowd weren’t sympathetic after her appeal. A man shouted that his daughter wouldn’t go to a district school if the policy was adopted.
The board named other possible consequences of not adopting the policy: Would the superintendent — who started in July after at least two years of rotating leaders — be stripped of his certification? Would students be able to compete in sports through the state nonprofit and rulemaking body for middle and high school athletics?
The neutral appeal came from a local attorney who said it was a gamble to battle the state.
OSPI, for instance, ordered La Center to change its policies of requiring staff to tell parents if their student requested name or pronoun changes, even if the student did not feel safe sharing that information.
However, the U.S. Department of Education announced April 14 that it was investigating OSPI over the issue for violating the Family Educational Rights and Privacy Act, Protection of Pupil Rights Amendment and Title IX with the required changes.
The debate
Some commenters suggested not fighting national politics at home.
Others questioned why state law didn't follow President Donald Trump’s January executive order, which states the U.S. recognizes only two sexes, male and female.
Another speaker for the policy noted the difference between gender — a societal creation — and sex, which is biological.
Several “for” commenters were from Longview though, sparking murmurs from the crowd that they weren’t part of the school district so their opinion shouldn’t be taken into account.
At least two leaders of the Longview Public Library’s Rainbow Community for LGBT+ teens provided written comments, read aloud at the meeting, which detailed how demoralizing it can feel to transgender youth to not be identified by their preferred pronouns.
Those for adopting the policy outlined studies that show transgender people have higher rates of depression due to exclusion, particularly at school.
But Christy Bock of Silver Lake questioned the studies. She asked for anyone in the room to present research that shows having a boy in a girls’ locker room would be positive for the girls’ mental health.
A man, who said he had three daughters attend Toutle Lake High School, asked attendees to google Linda McMahon — U.S. secretary of education and former professional wrestling executive — and tell her of the problem at the district, where the majority’s rights were being taken.
He said rules protecting a minority’s civil rights can’t impede on the majority’s, which in this case would be biological girls who may feel uncomfortable or scared to share a restroom or locker room with transgender youth.
A woman who said she is a third generation Toutle Lake graduate, added that her grandma protested at the school to wear jeans. Now, the young graduate was performing her own protest against the policy, fearing even having daughters in today's world because of the possibility they would be forced to compete against boys in sports.
The former cross country runner said losing to a boy would have been soul crushing to her in high school.
But not all Toutle Lake alums agreed. Kent Preston, of the Toutle Lake graduating class of 1998, said the meeting’s topic goes beyond the obvious.
“The vote today is not about transgender people,” he said. “It’s about equality.”
