Central Bucks School District considers 'certifying' gender of athletes in proposed policy

Central Bucks School District is considering a proposed policy that would, among other things, require student athletes to produce documentation “certifying” their biological sex upon request.

The language is included in a draft of Policy 123.3 “Sex-based distinctions in athletics,” which was on the agenda for discussion at the district’s policy committee meeting Wednesday night.

A Central Bucks spokeswoman did not immediately respond to an email asking if there are currently district students who identify as transgender participating in school athletic programs.

Central Bucks School Board
Central Bucks School Board

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The draft document describes the policy’s purpose as preserving fairness and providing increased and “safer” athletic opportunities for girls. Critics describe it as an attempt to restrict transgender female athletes' participation.

The policy defines sex as the “biological distinction between male or female based on reproductive biology” and “gender make-up.”  It would bar biological males or females from competing on athletic teams of the opposite biological sex.

Parents or guardians would be required to designate a child’s biological sex when enrolling a student the school or registering for sports. The designation will remain on the school record “unless the superintendent or Athletic Director has reasonable cause to believe the student’s biological sex is other than designated.”

If the superintendent or athletic director requests, the student will also be required to provide their original birth certificate “certifying the student’s sex” to the superintendent or athletic director, according to a copy of the draft policy.

Students whose “gender identity is different from their biological sex, their parents or guardians have the option of informing the district of that additional information,” under the policy.

The proposal includes a clause that the school will provide “reasonable accommodations” for student athletes to try out for teams of the opposite biological gender, if there is no male or female team for a sport during the school year.

The federal Department of Education is currently working on proposed changes in its Title IX regulations involving students’ eligibility for athletic teams. It would bar public schools from adopting or applying a “one-size-fits-all” policy that categorically bans transgender students from participating on sports teams consistent with their gender identity.

The draft policy under consideration appears to be the same version prepared for the district last year by a conservative, religious liberties law firm that also drafted its controversial policy restricting “sexual” library materials.

Last November the Harrisburg-based Independence Law Center provided Superintendent Abram Lucabaugh and board President Dana Hunter a draft copy and matching administrative regulations for a transgender athletics policy, according to emails obtained through Right to Know.

The ILC also sent Lucabaugh and Hunter material last year about a transgender athletics policy and introduced them to a Nebraska professor who spoke at a Nov. 16 policy committee meeting about his research on transgender women’s participation in athletics.

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This article originally appeared on Bucks County Courier Times: Central Bucks considers 'sex-based' athletics policy for transgender students