Boyertown school board votes to allow transgender student to use boy's locker room
BOYERTOWN, Pa. (WTXF/AP) - The Boyertown school board voted Tuesday to continue with its transgender locker room policy.
The Boyertown Area School District clarified its policy regarding transgender students after a family sued in federal court over its policy.
Last week, a lawyer for the 11th-grader said his 17-year-old client -- identified as Joel Doe -- was changing in the boys' locker room before the mandatory PE class in October when he noticed the other student undressing there too.
That student was assigned female at birth but identifies as a male. The suit claims he was wearing shorts and a bra.
The family and two conservative faith-based organizations claim the transgender-friendly policy is sexual harassment and a violation of other students' privacy.
"Joel Doe experienced immediate confusion, embarrassment, humiliation, and loss of dignity upon finding himself in this circumstance," the lawsuit says. After complaining to the school administration, Joel Doe was told he had to "tolerate" the situation and make it as "natural" as possible.
The suit came a few weeks after the Trump administration rescinded Obama-era regulations that instructed schools to let students use bathrooms and locker rooms in line with their expressed gender identity, as opposed to their sex assigned at birth.
Eliza Byard, executive director of Gay, Lesbian & Straight Education Network, said the situation could have easily been resolved without a lawsuit had the school made the necessary arrangements for the student who feels uneasy. Byard said the school could've let "Joel Doe" use single occupancy or staff bathrooms and locker rooms.
"The existence of a transgender person living their life appropriately at school cannot constitute sexual harassment," Byard said. "It might make another student uncomfortable and in that case, there is a common sense legal remedy of providing separate accommodations to the student who feels uncomfortable."
Since the Obama regulations were rolled back, it's up to the states to interpret anti-discrimination laws when deciding how students can use school facilities. Facing criticism, Education Secretary Betsy DeVos met with several transgender families earlier this month and vowed to protect all students.
Dr. Richard H. Faidley, Boyertown Area School District superintendent, has a special Joel Doe v. BASD section on the district's website, which includes links to a demand latter, messages from him and the board president, a list of frequently asked questions and additional resources.
These are the frequently asked questions:
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11. PUTTING THE LAWSUIT ASIDE, HOW DOES SOMEONE LEARN MORE ABOUT THE BROADER SUBJECT OF GENDER IDENTIFICATION?
A: There are a number of excellent online resources that assist the public to better understand the broader subject of gender identity. Links include https://www.cdc.gov/lgbthealth/youth-resources.htm and www.healthychildren.org at the national level. You might also find of interest this update from the PSBA www.psba.org/2017/02/transgender-legal-update/, and a resource guide - https://cdn-files.nsba.org/s3fs-public/reports/Transgender_Guide_3917_V9_FINAL.pdf?.0e4Eqvha3WMSbz.wNGL8UxuGaoQsH8D - from the NSBA.
You can also arrange a meeting with a member of the BASD counseling staff by contacting your school's principal. The high school has had a GSA/Gay & Straight Alliance group for many years. This group is supportive of the actions of the administration to provide accommodations for transgender students.