Greenwich Board Of Ed. Split On Student Title IX Policy

GREENWICH, CT — Even though the Greenwich Board of Education is required to adopt local policies for students and staff to comply with state and federal laws regarding Title IX, the board was split along party lines after voting on the student policy during a meeting last week.

The staff policy was unanimously approved 8-0.

The board's Policy Governance Committee, in the process of reviewing required policies several months ago, found that the school district did not have proper Title IX policies in place.

Title IX refers to the federal civil rights law passed in 1972 that prohibits sex-based discrimination in any school or other education program that receives funding from the federal government.

According to Andreana Bellach, outside counsel from the firm Shipman & Goodman, the Title IX regulations "have been changed and promulgated" and that there is a need to update to ensure the board is in compliance with the law .

Bellach pointed out that the United States Deptartment of Education and the Office of Civil Rights issued a notice of interpretation in June of 2021 that made clear their position that the non-discrimination provisions in Title IX include transgender students.

At the heart of the board's 4-4 split are members' views on a section of policy about transgender students competing in athletics.

Board Vice-Chair Karen Kowalski said that while Title IX was intended to protect young women, allowing transgender female athletes to compete against biological females doesn't protect young girls.

She said the policy "goes beyond what Title IX identified and created" and "reads so broad as to allow, for example, students who are biological male and transitioning, and playing on girls sports teams."

"We have fought for so long to be treated as equals, and now all of a sudden, we're not and I'm not going to stand for it. I don't care if it's Connecticut law, somebody has to stand up for the young women who deserve to be protected," she said.

"The state of Connecticut doesn't provide any guidance with respect to the way the Olympic Committee has done this, now the way the NCAA is doing this. I don't think in good conscience we can go forward with a policy that allows for biological boys to compete on female athletic teams who are biologically stronger, bigger, faster until there is some other guidance," Kowalski added. "I cannot, unless there is a carve-out that can be provided that protects young women in sports, I cannot get behind this."

Recently, the NCAA updated its policy on transgender participation. Eligibility requirements will be determined on a sport-by-sport approach.

Bellach warned the board that not having a policy in place could be "problematic legally with either state or federal authorities."

She said approving the policies act as a codification at the local level of the requirements of federal and state law. Bellach said her firm represents most school districts in Connecticut, and she's unaware of any that have not approved policy.

Board member Joe Kelly, a former rugby coach at Greenwich High School, said he's spent a majority of his life representing the under-represented, but agreed with Kowalski on the matter.

"I understand this group is under-represented," Kelly said referring to transgender athletes, "but I just don't think it's safe and fair."

Bellach reminded the board that they act as an entity when adopting a policy.

"It's not a statement of the values of individual members, the beliefs of individual members. It's really a reflection of a requirement to adopt a policy consistent with the current law," she said.

Christina Downey, chair of the board's Policy Governance Committee, said the student policy covers much more than just transgender athletes.

"It's also sexual harassment. It addresses a number of different things. It's not purely an athletic policy," she said.

Board Secretary Karen Hirsh reiterated Downey's comments.

"It's very much a policy specifically speaking against sexual harassment and discrimination, which goes to a much broader and wider discussion so that our students and our staff walk through our schools and feel part of a community and they don't feel discriminated against for a multitude of different things," Hirsh said.

Board member Cody Kittle encouraged members "to reflect on the importance of federalism and separation of powers; the founding principle of how our government is set up."

Republicans Kowalski, Kittle, Kelly and Michael-Joseph Mercanti-Anthony voted against the student policy. Democrats Hirsh, Downey, Laura Kostin and Board Chair Kathleeen Stowe voted for the policy.