Elida schools, residents talk transgender policy
Apr. 18—ELIDA — The debate around school policy regarding accommodations for transgender students based on their preferred gender identity has grown in scope and intensity in many parts of the country, and on Tuesday, that debate made its way to Elida as a large crowd filled the high school auditorium to voice their thoughts on this issue.
In a frequently-asked-questions document provided by the district, accommodations for transgender students are determined on a case-by-case basis considering "evidence regarding whether the student has 'consistently, persistently and insistently' expressed the gender identity," as well as ensuring the student has equal access to education programs and providing for the student's safety, comfort and privacy.
In the resolution passed unanimously at Tuesday's meeting outlining the board's position on the issue, the board stated it has a fiscal responsibility to the district not to put themselves in a position where they would face a lawsuit they would lose and calling on citizens to petition state and federal lawmakers to amend the law to prohibit transgender student access to restrooms that do not conform to their preferred identity.
"Tonight's meeting is as much about listening to our community as it is for informing our community that as a public school district in Ohio we are required to follow the laws established by the government as well as those decided by the courts," Superintendent Joel Mengerink said. "We know that it is both an emotional and political topic for people. In this case, though, we are doing what case law requires of us."
Mengerink also spoke on how the district has worked to create more private restrooms in school buildings to provide for privacy, although he noted that while the district could suggest the use of private restrooms for transgender students, it could not mandate students to use them.
The majority of the public who addressed the board spoke against these accommodations, expressing concerns over privacy for girls in the schools and the potential for abuse as they share spaces with those who identify as transgender girls.
"We don't want them to be exposed," William Turner said. He also emphasized that just because people disagree with this issue, it does not mean that those who disagree hate those who identify as transgender.
As for concerns over the potential for lawsuits or loss of funding, several community members told the board they would have community support if they rejected these accommodations.
"The community will back you if you stand for what is right," Shawn Ward said.
One person speaking in favor of the accommodations was Nicholas Fraley, who maintained that transgender people should not be considered a threat to others, and he expressed concern that the heightened emotions in this debate could have a deleterious effect on the mental health of transgender individuals.
"They are not evil," he said. "I encourage everyone to find someone who is transgender. Talk to them."
Attorney Emily Spivack, a senior associate at Cleveland-based firm Squire Patton Boggs, said that this issue is not a simple matter of board policy but rather one of adherence to federal law and regulations. With that in mind, she said that the current case law would compel districts to include accommodations for transgender students or be at risk of lawsuits or loss of funding.
"Everyone has to act on the law as it stands now," she said. "Unless or until that changes, we have to operate under that framework."
