Kennewick, WASH. – The Kennewick School Board (KSD) has filed a complaint against the Office of Superintendent of Public Instruction (OSPI).
The complaint stems from a legal disagreement. Under federal law, Title IX specifies that the word ‘sex’ refers strictly to biological sex and not someone’s gender identity.
Washington state law still recognizes gender identity. According to the KSD complaint this contrast puts schools across Washington state at risk of retaliation from either the state or federal government.
“The goal is to get urgent federal intervention. To get some clarity on what the situation is. As the school board director, you take an oath to uphold the law. We have conflicting laws depending on who you ask. We feel like Chris Reykdal and OSPI have a distorted view of Title IX” Gabe Galbraith, KSD President, tells NonStop Local.
NonStop Local reached out to Reykdal’s office and received this statement:
OSPI: “My office has continued to advise Washington’s school districts to stay in compliance with state law, which prohibits discrimination on the basis of gender identity. The President’s executive order related to trans female athletes attempts to override the authority of states and local school districts by requiring educational institutions to agree to discriminate against trans female athletes in order to continue receiving federal funds. My job as the leader of this constitutional office is to communicate, uphold, and enforce the law. An executive order is not law, and it does not override state law. OSPI will enforce our current laws as we are required to do in a constitutional democracy until Congress changes the law and/or federal courts invalidate Washington state’s laws. In addition, we are prepared to take legal action if any federal dollars are paused, withheld, or removed from any of our public schools.”
OSPI: “Kennewick School District’s changes to their gender-inclusive schools policy and procedure do not align with the nondiscrimination requirements of Chapter 28A.642 RCW or Washington’s civil rights guidelines for public schools, which school districts are required to follow (RCW 28A.642.050). Washington nondiscrimination laws already comply with federal civil rights and nondiscrimination statutes. States are permitted to provide greater protections for students than what is required by federal minimum standards, and Washington’s laws fit squarely within the scope of what is allowed by federal law.”
