WALLA WALLA — One month after the College Place School Board passed a resolution to separate sports teams by sex rather than gender identity, the Office of Superintendent of Public Instruction says it conflicts with state law.
“We haven’t yet taken any action related to College Place, but action from us is likely,” said Chief Communications Officer Katy Payne. “All students in Washington state and across the U.S. deserve access to a high-quality education that is free from discrimination, and Title IX is just one of many protections to ensure that happens.”
In a joint statement from the OSPI’s Equity & Civil Rights Office, officials said sex-separate teams are allowable under state and federal law, but that districts must still allow students to participate on teams that align with their gender identity.
“Under state law, a school may not discriminate against a student based on their gender identity or gender expression by prohibiting them from participating on the sex-separated team that aligns with their gender asserted at school,” officials said. “For example, a school may operate separate soccer teams for girls and boys, but it must allow students to participate on those teams in accordance with their gender identity.”
The resolution that the College Place School Board passed on Tuesday, July 23, said students who are biologically male cannot participate on girls’ sports teams, regardless of gender identity. The full resolution is available at tinyurl.com/muwu4632.
The school board passed the resolution in an effort to influence the U.S. Department of Education’s stance on the issue. The DOE is considering a new regulation concerning sex-separate sports teams and gender identity, but has not come to a decision yet.
The current regulation, which stays in effect until a new one is passed, is available at tinyurl.com/mrynt7dm.
College Place School Board Chair Mandy Thompson said that the district had not heard from the DOE or the OSPI about the issue and does not currently have plans to change the resolution.
“We still stand by the intent of our resolution, which was to impact the upcoming decision of the Department of Education on Title IX for athletics,” Thompson said. “Our goal is for the Department of Education to maintain the original intent of the legislation, which was to increase the opportunities in athletics for biological female athletes. We fully understand how the current state and federal laws apply to our schools and we will continue to abide by those.”
Thompson said the community’s response to the resolution had been overwhelmingly positive. One supporter, Jordan Breithaupt, a teacher at Liberty Christian School in Walla Walla, said he’ll be sending his kids to College Place High School because of the resolution.
“My understanding of Title IX is that it was instituted to protect girls’ opportunity to participate in sports,” Breithaupt said. “As a father of a daughter, I want her to have the opportunity to experience the benefits of athletic competition without the risk of her spot being taken away and given to a biological male. I also never want my daughter sharing a locker room with a male.”
Meanwhile, Thompson said the district had also heard from a few community members who see the resolution as transphobic. One such community member, Kajsa Roberts, is the parent of former College Place Public Schools students who now attend homeschool.
“I am well aware that trans kids just want to be accepted like anyone else, and trans athletes are just looking to play sports and have fun with their peers,” Roberts said. “It can be a confusing issue for people who are only newly aware, but trans athletes have been playing sports for a long time without issue. We have just reached a point where people are able to be open while doing so. All students should feel safe being themselves, especially at school, and they should feel supported by students, teachers and the administration.”
It is unclear when the DOE will make a decision about the athletics regulation. Thompson said new policy drafts were not ready to review but once they’re available the school board will review them and go from there.
“We understand this is a highly sensitive issue, let alone a hot topic right now,” Thompson said. “This resolution is rooted in our commitment to uphold the original intent of Title IX, which is to expand opportunities for female athletes. Our goal is to ensure that these opportunities are protected as we navigate any new guidelines. We are dedicated to supporting all our student-athletes in College Place while upholding these guidelines that have long promoted opportunities for female athletes.”
