The motion was approved in a 5-1 vote with trustee Julie Hinaman opposed and board President Scott Henry absent from the meeting.
How we got here
Trustees said the conversation about establishing this policy originated at a Sept. 23 meeting of the policy review subcommittee, which consists of trustees Todd LeCompte, Lucas Scanlon and Henry. These meetings are not open to the public.
At the Nov. 7 board work session, trustee Natalie Blasingame said parents have shared concerns with her about whether “students are protected,” primarily from fathers regarding their daughters.
Hinaman said no formal complaints about bathroom use have been made in the district.
“To my knowledge—and I have confirmed with administration—there have not been complaints or concerns expressed to the administration or to the board regarding bathroom use,” Hinaman said Nov. 7. “If there had been, this board would have been notified, and it probably would have been on the evening news.”
Current situation
Hinaman said district administration did not recommend creating this new policy; officials recommended addressing individual requests through existing Title IX policies. CFISD General Counsel Marney Collins Sims said this typically entails giving students access to single-use restrooms when requested.
“Generally speaking, it is the rule and the expectation on a campus that students use the bathroom and the locker room consistent with their gender,” Sims said Nov. 7. “If you have a student who’s requesting an exception to that, then we—on a case-by-case basis—work with the student and the parent and create a Title IX accommodation plan.”
President Joe Biden’s administration earlier this year expanded Title IX—the federal nondiscrimination law dating back to the 1970s—to prevent discrimination based on sexual orientation, gender identity and pregnancy at federally funded colleges and K-12 schools, Community Impact previously reported. Attorney General Ken Paxton in June blocked the implementation of these expanded rules.
CFISD’s new policy specifies campuses will maintain separate restrooms and locker rooms for boys and girls “to the extent permitted by state and federal law.”
Sims said Spring Branch ISD is the only other district in the region with a policy focused on the use of bathrooms. Katy ISD has a broader gender policy that includes a similar statement about bathrooms and locker rooms.
What they’re saying
LeCompte said formalizing the policy would provide “clarity and direction,” while other trustees said it was an issue of safety.
“I’m for protecting students every chance we get, no matter what their background is, where they come from, and I want us to protect our students,” trustee Christine Kalmbach said.
CFISD parent Tara Cummings said she believes the policy is unnecessary and communicates “that our trans students are somehow dangerous and don’t belong.”
Hinaman said she had other priorities when it comes to student safety.
“I absolutely do care about the safety of our students,” Hinaman said. “There are real safety concerns to be addressed, including bullying, vaping, drug use, student behavior and mental health issues for students and staff. If we really care about the safety of our students, these issues should be addressed first.”
