Athletics Gender Policy Debate Coming To Central Bucks School District

DOYLESTOWN, PA — The Central Bucks School Board's policy committee is meeting tonight to consider a draft "Sex-Based Distinctions in Athletics" policy that would bar biological males from competing in female sports and biological females from competing in male sports.

According to the policy, athletic teams or sports designated for "females," "women" or "girls" shall not be open to students of the male sex, and athletic teams or sports designated for "males," "men," or "boys" shall not be open to students of the female sex.

The policy describes its purpose as "preserving fairness" and providing "increased" and "safer opportunities for girls."

It derives its authority from Title IX, which it says was designed to stop discrimination and create equal athletic opportunities for girls in educational settings and preserve sex-based distinctions for interscholastic athletics.

"It is recognized that such distinctions are essential for providing competitive opportunities for girls. It is precisely because schools have a significant interest in providing increased competitive opportunities to girls that implementing regulations provides that schools may operate and sponsor separate teams for members of each sex," says the policy.

The policy defines sex "as the biological distinction between male and female based on reproductive biology and genetic make-up. 'Sex' and 'biological sex' may be used interchangeably," it reads.

According to the policy, when enrolling a child in the school or registering for sports, a parent/guardian will designate the student's sex for school records and that will remain on the school records unless the superintendent or athletic director has reasonable cause to believe that the student's sex is other than designated.

"If requested by the superintendent or athletic director, the student shall provide their original birth certificate certifying the student's sex to the superintendent or athletic director," the policy states. "If a student has a gender identity that is different than their sex, that student or a parent/guardian has the option of informing the district of that additional information during registration or anytime thereafter. The district shall keep a record of such identity and any accompanying accommodation requests confidential."

The following is the draft policy being considered:

Purpose
Separate athletic teams on the basis of sex preserve fairness, provide increased opportunity for girls, and are safer. As such, the district provides separate interscholastic athletic teams on the basis of sex.
Authority
Title IX was designed to stop discrimination and create equal athletic opportunities for girls in educational settings. Furthermore, Title IX preserves sex-based distinctions for interscholastic athletics. It is recognized that such distinctions are essential for providing competitive opportunities for girls. It is precisely because schools have a significant interest in providing increased competitive opportunities to girls that implementing regulations, see 34 C.F.R. 106.41, provide that schools may operate and sponsor separate teams for members of each sex. Williams vs. School District of Bethlehem, 998 F.2d 168, 175 (3rd Cir. 1993).
Definition
Sex is defined as the biological distinction between male and female based on reproductive biology and genetic make-up. "Sex" and "biological sex" may be used interchangeably.
When enrolling a child in the school or registering for sports, a parent/guardian will designate the student's sex for school records and that will remain on the school records unless the Superintendent or Athletic Director has reasonable cause to believe that the student's sex is other than designated. If requested by the Superintendent or Athletic Director, the student shall provide their original birth certificate certifying the student's sex to the Superintendent or Athletic Director.
If a student has a gender identity that is different than their sex, that student or a parent/guardian has the option of informing the district of that additional information during registration or anytime thereafter. The district shall keep record of such identity and any accompanying accommodation requests confidential.
Guidelines
A. It is the policy of this district that athletic teams and sports shall not be segregated on the basis of irrelevant classifications such as race, color, religion, ancestry, national origin, sexual orientation, or gender identity.
B. The Superintendent or designee shall ensure that similar athletic programs are offered to both sexes in proportion to the district's enrollment.
C. Interscholastic or intramural athletic teams or sports that are sponsored by the district shall be expressly designated as one (1) of the following based on sex:
1. "males", "men", or "boys"
2. "females", "women", or "girls"
3. "coed" or "mixed".
D. Athletic teams or sports designated for "females", "women", or "girls" shall not be open to students of the male sex, and athletic teams or sports designated for "males", "men", or "boys" shall not be open to students of the female sex.
E. Reasonable Accommodations -
1. The school will provide reasonable accommodations for females to try out for teams designated for males when there is no female team for that sport during the school year.
2. The school will provide reasonable accommodations for males to try out for teams designated for females when there is no male team for that sport during the school year.
F. Nothing in this policy shall be construed to:
1. Restrict the eligibility of any student to participate in any athletic teams or sports of their sex or designated as "coed" or "mixed",
2. Restrict the district from designating noncontract intramural teams or sports as coed when the district offers intramural sports,
3. Restrict the district from maintaining coed physical education classes, or,
4. Restrict the district's existing practice permitting student managers, regardless of their sex, to assist any teams based on criteria to be set by the Athletic Director in administrative regulations. Such regulations shall include opportunity for a student team manager, under supervision of the coach, to participate in a limited manner in practices to help the team prepare for competition.
Environment of Respect
Central Bucks students and adults are expected to be respectful and welcoming to all students regardless of gender identity or any other class, and violations are subject to discipline under existing policies including, but not limited to, the harassment, hazing, and bullying policies.