Proposed policy changes obtained by the Dayton Daily News show that Bellbrook’s discrimination protections would be modified. Numerous protections against discriminatory harassment would remain, including those based on race, color, national origin, sex, disability, age, religion, ancestry or genetic information.
But the protection against harassment on the basis of sex currently includes a notation that says it includes “sexual orientation and gender identity,” and that section has been struck through in the screenshots of proposed updates to multiple anti-discrimination and anti-harassment policies.
Other changes include the district’s weapons policy to accommodate the district Armed Shooter Response Team, and to lay out at least some of the requirements for school personnel to carry weapons.
Multiple school district residents have raised concern over the discrimination policy changes, with social media discussion increasing this week.
The proposed changes wouldn’t leave LGBT teachers and students without any kind of discrimination protections whatsoever, experts say.
Organizations like the Ohio School Boards Association and the National School Boards Association provide base policies for school boards to follow. In general, there is a lot of diversity in local policies around LGBTQ issues, but the OSBA’s base policies are generally neutral on the subject, said Gamy Narvaez, policy consultant for the OSBA.
Beavercreek, Xenia and Kettering’s school board policies, which are very similar to Bellbrook’s, also currently prohibit discrimination on the basis of sexual orientation and gender identity. Dayton’s school board policy, which comes from the OSBA, is largely neutral.
Many districts have chosen to adopt nondiscrimination policies or Title IX policies that prohibit individuals from being discriminated against “on the basis of sex,” Narvaez said.
In 2020, the Supreme Court ruled that “on the basis of sex” includes sexual orientation and gender identity, when it comes to Title VII employment discrimination, meaning legally, school districts can’t discriminate against anyone for their sexual orientation or transgender status when it comes to employment, regardless of what their policy says.
Outside of employment, harassing or bullying behavior against students and staff is usually covered by other policies or codes of conduct, Narvaez said, although they may not specifically prohibit the behavior on the basis of race, sex, religion, and so on.
“Some (districts) choose to specifically define sex in their policies to include sexual orientation and gender identity, and we offer help to districts looking for more information on how to draft those changes or what the law says regarding those changes,” Narvaez said. “Other districts choose to work with their board counsel to adopt policies that address discrimination on the basis of LGBTQ identity and go into detailed procedures for how to address names/pronouns, use of facilities, and more.”
“That being said, our policy focus is compliance with state and federal law and guidance, and we often suggest that schools work with legal counsel to draft unique language covering LGBTQ nondiscrimination,” Narvaez said.
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