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Chester County Press

Kennett School Board delays update of Title IX policy

10/23/2024 01:34PM ● By Chris Barber

By Chris Barber
Contributing Writer

The Kennett School Board grappled with several policy items at the Oct. 14 meeting, including one that appears to give the right of transgender females to participate in girls’ sports.

A transgender female is an individual who was born with a male body but identifies as a female.

Title IX is a federal law that forbids discrimination against individuals based on, among other things, their sex, religion or race. It was passed in 1972. It was expanded by the Biden administration in April to include gender identity.

As an alternative, the board unanimously approved a resolution to proceed with its earlier Title IX anti-discrimination policy, which does not include the expanded transgender rights.

Meanwhile, according to an Associated Press report in an NBC article, the Biden administration said the rule change didn’t apply to sports participation – just educational opportunities.

School District solicitor Jeffrey Sultanik was on hand to explain. He said that a federal judge in Kansas recently issued an injunction against the application of the provision in his state.

The provision has also been opposed in Louisiana and Kentucky.

He said that, elsewhere in Pennsylvania, Gov. Josh Shapiro took the position that the state would control its own regulations.

Some institutions and states have redefined the definition of “law” to address “regulations” instead, which would preclude application of Title IX.

Sultanik continued with his explanation that the outcome of the reactions by states and a variety of courts is not clear, hasn’t happened yet, and may even be affected by the outcome of the upcoming election.

“It’s a confounding issue for attorneys,” he said.

He advised the board to adopt a continuation of the former policy, which the members did unanimously.

Another policy issue that arose in the September board meeting was the use of cell phones by students in class.

At that former meeting, Technology Director Dan Maguire presented a timeline for the board to determine how to regulate use of the cell phones.

His timeline directed a committee to seek input from stakeholders from October to the end of the calendar year.

The board or its committee would then be directed to put together a draft recommendation for approval based on public input for the April 2025 meeting.

That final recommendation would be up for adoption at the June 2025 board meeting.

Responding in a lengthy objection at that time, board member Ethan Cramer concluded, “This is an unworkable plan.”

At the October meeting, Cramer said he wanted to clarify and said that he endorses “research.” He and his colleagues unanimously voted to approve Maguire’s proposed timeline of seeking public opinion.

Cramer added, however, that his main concern was the safety of and effect on the teachers.

In other business, Director of Facilities Dave Brice announced that the new Kennett High School sign designated for placement at the corner of South and Union streets has been constructed and is in several sections.

In preparation for its delivery, the workers dug a hole and lined it with concrete to help hold the sign in place. The concrete most recently is hardening in the ground and awaiting the delivery of the sign pieces.