School districts mull suggested LGBT policies

COEUR d’ALENE — Some local school districts are looking at their current policies regarding lesbian, gay, bisexual, and transgender students after receiving policy language suggestions from the Idaho School Boards Association.

The ISBA — a nonprofit organization that provides policy services, legislative advocacy and board training to more than 500 locally elected school board members — submits policy suggestions four times a year to the school districts that choose to subscribe to the service. In July, schools received proposals on specific gender identity and sexual orientation situations.

"We had worked with our attorneys and realized that some school districts were trying to figure out how to deal with these unique students," said Jess Harrison, ISBA communications director. "A lot of it is based around case law decisions from throughout the nation that deal with specific issues. What we tried to do for our districts is take all of that and put it in one spot."

The policies focus particularly on transgender students' needs and protections. Elementary teachers are to check with school administration before approaching a student's parents on possible gender transition. Other policies state that students cannot be denied participation in overnight trips because of their transgender status. Another policy states that transgender students may be given the option to use a separate bathroom, but made it clear no student should be required to use separate facilities for being transgender.

Failure to abide by the policies would result in disciplinary action, according to the proposed guidelines.

"It's optional language that our school districts can use on some of their local policy making," Harrison said. "They can choose to take, any, all, parts, or none of the suggested language. It's up to the local district and their governing board to decide if they want to use any of it."

Brad Murray, superintendent of the Lakeland Joint School District, told The Press Tuesday that the district has received the proposed guidelines. They were briefly addressed during this month's board of trustees meeting, he added.

"Our process has always been to review all recommended guidelines and policies received from the ISBA with our board and make a determination whether or not to adopt the policy or modify our existing policy," Murray said.

In this instance, Murray said, the board could look at modifying a district policy that has been in place since 2007. The policy, "Equal Education, Nondiscrimination and Sex Equity," states that equal education opportunities will be available for students regardless of their: "Race, color, national origin, ancestry, sex, sexual orientation, ethnicity, language barrier, religious beliefs, physical and mental handicap or disability, economic or social conditions, or actual or potential marital or parental status or status as a homeless child."

Along with the policy are guidelines for any student to file a discrimination grievance.

The Coeur d'Alene School District Board of Trustees spent time in 2014 reviewing and updating its anti-discrimination policies. In July of 2014, it implemented "Transgender Student Guidelines for Administrator Reference," which spokeswoman Laura Rumpler said helped parents, students and staff "ensure a safe learning environment for all students."

"Our district has been ahead of the curve in addressing transgender needs and protections," Rumpler added. "We have clear notice about what to do if any person feels that they are being discriminated against."

As such, Rumpler said, although district officials reviewed the ISBA suggestions, legal counsel for the district has reviewed the anti-discrimination policies adopted in 2014 and have been assured that students and staff are currently protected.

"We do not anticipate making changes to those policies again this year," she added.

Post Falls School District Superintendent Jerry Keane said that his district does not subscribe to ISBA's policy services. The district's board of trustees is, however, focusing on reviewing and revising the section of policy relating to students this year.

That portion of policy, Keane added, includes protections for LGBT students.

"We are adamant regarding protecting the rights and providing a safe and caring learning environment for all students," Keane said.

He added that district officials will continue to monitor ever-changing case law on the issue, which could make an eventual change necessary.

"We want to make sure if we consider policy changes, we are following the most current law," Keane said.

The Associated Press contributed to this report.