Frederick County’s Board of Education narrowly approved changes to a policy meant to protect gender diverse students this week.
Four of the seven member board voted in favor of amendments to Policy 443 that allows students to access facilities and participate in activities based on their gender identity. Those four were joined by the student member of the board in voting yes, while two members voted against.
The amendments to the policy, which was first passed in 2017, call for the ‘expectation’ that teachers use the preferred pronouns of students, though exemptions are allowed for sincerely held religious beliefs. Additionally, teachers will be required to keep up to date on a list of the preferred pronouns for all of the students in their school.
While the student populations of Frederick County schools vary, Frederick and Tuscarora High Schools have approximately 1,800 students each. With an average of 5 classes per day, and between 30-40 students per classroom, teachers will directly interact with almost 200 students per day.
Further amendments encourage students to use the preferred pronouns of their classmates, but do not extend students the same religious exemptions as teachers. For both teachers and students, persistent use of non-preffered pronouns can be deemed as bullying if targeted.
An additional amendment was added to notify parents of their right to access school records on their children’s officially recorded gender identity at any time.
Supporting Arguments
Board Member Janie Monier acknowledged the concerns held by families and students on both sides in her final remarks. She noted policy 443 was originally created in response to concerns students brought forward that the school system's general anti-bullying policy wasn’t enough.
Monier said it's important that students always feel safe and pointed out that -for some students- the only place a student has is school. “Home isn’t always a safe place, I know it wasn’t for me and it hasn’t been for a lot of kids.’ Monier explained. “[School] has to be somewhere that any student can go to and feel like they’re not going to be in harm's way.”
Board President Dean Rose expressed support for his fellow board members on both sides of the issue, stating he felt the school system was, “darned if we do, and darned if we don’t.”
Rose appealed to ongoing litigation across the US, arguing there is a possibility both keeping and rejecting policy 443 could lead to future litigation. Frederick County Public schools (FCPS) exist within the Fourth Circuit, which Rose pointed out has ruled previously in favor of policies like 443.
Ultimately, Rose said he thinks policy 443 strikes the best balance between both sides on the issue.
Dissenting Arguments
Board Member Jaime Brennan expressed concerns with the entirety of policy 443 and urged for it to be withdrawn. She argued policy 443 poses the risk of infringing on the religious rights of students and teachers, as well as the religious and parental rights of families.
She is concerned about wording within the policy, which states information about a student's gender identity can only be shared with their parents with the student's consent. She thinks if a student fears sharing such information with their families, it should be reported to Child Protective Services. “And if we’re not going to report it to CPS then it’s not something we should not be weighing in on,” Brennan argued.
Brennan said she could understand accommodating a student's request if they feared for their safety. In contrast, she pointed out that in other situations -such as when a parent tells their child they can’t date someone- the school system has no business getting involved.
Board Member Colt Black’s concerns pointed towards the impact the policy could have on federal funding. An executive order, passed in February by the Trump administration, would strip federal funding from schools and other programs which would allow people to participate in activities unaligned with their biological sex.
Black pointed out the school system could lose out on 4% of its overall budget, equal to approximately $40 million dollars.
Public Support
Corey Farley is the father of FCPS high school students and is himself a transgender man. Having grown up at a time where such protections didn’t exist, he says he is happy to see FCPS enshrine such protections for his children. “What this means to me as a parent is that I know not only my kids, but [also] their friends are safe,” Farley said. “And all of them should be protected. It shouldn’t matter how they present, it shouldn’t matter what bathroom they use. It shouldn’t matter at all.”
Farley described his youth as one of athleticism and academics, which he says kept most of the bullies away. Despite this, he understands nearly 41% of the transgender community will attempt to commit suicide. Farley said, without modern science, he could have been one of those people. “Actually transitioning, and taking the steps to do so kept me here,” Farley admitted. “Honestly, it’s not wonderful rainbows, but it showed me that I could still move through my life and be ok.”
For Farley, being transgender was never about how others perceived him, rather it was about how he perceived himself. To that end, he emphasized that transgender people are everywhere, and that many people in his own daily life don’t know that about him.
With the vote concluded, Farley says he wants to see the community come together by getting to know each other. By learning more about the people you disagree with, he says the division can begin to close.
Public Concern
Troddy Tibbals is the mother of three FCPS graduates, and is concerned the amendments made within policy 443 don’t actually add up to much. While she is grateful students are only encouraged to use a classmate's preferred pronouns, she’s worried there may be a loophole.
The policy outlines that, “intentional or persistent use of names or pronouns to target, bully, harass, or create a hostile environment may constitute bullying.” She questions what will happen when a student chooses not to use a person's preferred pronouns, not to bully, but because of a religious belief. “If parents are going to be in charge of their child’s religious upbringing and education, things need to be more detailed so they know what the school is going to say they are allowed to do,” Tibbals said.
Tibbals worries FCPS will face lawsuits in the near future, arguing it's well known that students don't feel safe in the bathroom when someone of the opposite sex enters that space. Most of all, she worries those students will fear speaking up. “We know that when those children don’t feel safe, those children know they cannot speak up,” Tibbals argued. “They can’t because they will be absolutely vilified by their fellow students…on social media, they will be bullied and harassed.”
Tibbals says the board of education has only listened to one side of the discussion, making any kind of compromise difficult. She doesn't want to make anyone feel uncomfortable and suggested that FCPS should introduce gender neutral bathrooms alongside those for male and female students.
