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Manchester Schools Continues Look At Gender-Diverse Bathrooms

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NORTH MANCHESTER – At its meeting Tuesday, North Manchester School Board members briefly addressed the ongoing development of a gender-diverse bathroom policy.

The meeting was held in the Manchester Administrative Offices’ auditorium to allow more space for visitors.

During initial visitor comments, community member Nate Gephart addressed the board regarding the school’s current practice of allowing transgender or gender-diverse students to choose a bathroom based on their gender identity and not their biological sex, if those students have created a “gender support plan” with administrative staff prior to switching facilities.

“Did anyone on the board know this was happening?” Gephart asked of the practice. “We are taxpayers. The board answers to us, and the superintendent answers to the board. We want answers to what’s been going on here.”

Board member Michael Hensley responded, saying the board’s focus is on “safety and privacy for all students.”

In an update on the Dec. 18 work session, school attorney Mark Frantz provided a quick recap of Title IX and case law regarding transgender bathroom choices in schools. “Title IX is clear on what you can’t discriminate against,” said Frantz. “‘Sex’ includes ‘sex stereotyping.’”

Echoing Gephart, vice president Steve Flack asked Frantz why the community was not originally notified of the school’s current practice regarding gender-diverse bathroom choices.

Frantz replied that to do so would go against FERPA, the Family Educational Rights and Privacy Act. “We cannot release information about any student to the general public,” he added.

The board scheduled another work session for 6 p.m. Jan. 28 where an architect will discuss bathroom updates and “renovations to accommodate all students,” said Flack.

Following the work session, the next regular school board meeting will be 6 p.m. Feb. 12.

In other business, the board:

• Recognized the Manchester Junior-Senior High School FFA for their recent successes. At the state soil judging competition, they placed sixth statewide as a team and members received first, fifth and sixth in individual categories.

• Voted to keep their compensation the same for 2020 as 2019 and to change future meeting times to 6 p.m. rather than 5:30.

• Accepted $7,328.63 in donations, including $1,119 for FirstBook.org from Pizza Hut and $475 for Manchester Elementary School student lunch debt from David Doudt and Kim Ebersole.

• Approved three policies: P3200 Training and Health Precautions for Communicable Diseases, P5210 Children’s Internet Protection and P6220 Purchases of Supplies and Materials, with revision.

Policies introduced for first reading and discussion were P3210 Food Service Staff Code of Conduct, P6230 Internal Controls and P6240 Federal Grants and Awards Administration.