As previously posted, President Donald Trump’s recent executive orders and the changes in regulations pertaining to Title IX protections have resulted in little change within AASD. Although AASD has paused enforcement of the Title IX policy it put in place at the prompting of the Biden Administration, there are no communal sex segregated spaces within AASD, and, as highlighted by Board of Education member Nick Ross, bathrooms are still accessible by members of the opposite sex.
Prior to 2024 when the District implemented its, then, new Title IX policy, it had been following guidelines provided by the National Education Association entitled “Legal Protections For Transgender Students”. The District stopped using that as a guidance document when it implemented its own Title IX policy in 2024.
In light of the pausing on enforcement of that policy and as a follow-up to the discussion I had had with him in early February, I reached out to AASD Superintendent Greg Hartjes and asked, “Could you please share the policy guidance documentation that AASD currently is utilizing to help it manage sex-based and gender-based protections now that you are no longer using the NEA guidance?”
He responded, “We are not using one specific policy guidance document, but rather guidance from several different sources. These sources are legal briefings that we recieve [sic], webinars provided by a variety of organizations, and guidance from our State organizations (WASDA. WASB, etc.). When time permits, I will provide you with a sample of these documents.”
I responded to him, “I look forward to seeing these resources. I am particularly interested in the guidance the District is utilizing pertaining to bathroom and changing room access. I would also appreciate it if you could clearly explained [sic] how AASD is protecting students and staff from sexual harassment while also allowing students and staff of the opposite sex access to their bathrooms and changing rooms which is inherently a form a sexual harassment even if no harassment is intended on the part of the individual entering the bathroom or changing room of the opposite sex.”
When he did get back to me, he did not provide samples of any guidance documentation or recommendations they had received or were utilizing.
He reiterated that AASD continued to follow the ruling in Whitaker vs. Kenosha “affirming that transgender students should be allowed to use restrooms aligned with their gender identity. Since the 7th Circuit covers Illinois, Indiana, and Wisconsin, school districts in these states are legally bound to follow this precedent unless the Supreme Court overturns it.”
Specifically regarding sex-based protections he said that the District helped students feel safe and protected by:
- Providing alternative accommodations (such as private restrooms or changing areas) for students who request additional privacy.
- Following legal guidance that recognizes the rights of transgender students while also addressing the needs of all students.
- Continuing professional development for staff to ensure policies are applied consistently and equitably
I asked Superintendent Hartjes two final questions:
- Where can students, parents, and taxpayers go to review AASD’s current framework for providing bathroom and changing room privacy? I don’t see anything on your website that clearly outlines the current situation (i.e. that bathrooms and changing rooms are by default not sex-segregated) and explains to students, parents, and staff what steps they need to take if they don’t want to use those sex-integrated facilities.
- President Trump’s Keeping Men Out Of Women’s Sports Executive Order specifically instructs the Secretary of Education to “take all appropriate action to affirmatively protect all-female athletic opportunities and all-female locker rooms and thereby provide the equal opportunity guaranteed by Title IX”. One of the enforcement methods listed is the rescinding of federal funds. Is AASD still allowing its bathrooms to be accessed by members of the opposite sex during its athletic programs, or are you trying to follow this executive order?
It has now been two weeks, and Mr. Hartjes has not responded.
As far as I can tell in searching the AASD website, the District has not made any information readily available to students and families as to what steps they need to take to maintain their sex-based privacy rights. That would seem like a basic and straightforward action that should be taken in order to make sure all students are well served.
It is also unclear as to whether the private restrooms and changing areas that students need to use in order to maintain their privacy from the opposite sex are similar to the private restrooms that the court deemed an inadequate accommodation under Title IX for the complainant in the Whitaker vs. Kenosha case. That seems like something that would be important to clarify in order to make sure that the accommodations AASD is providing to all students are adequate and fair.
Finally, the lack of clarification on whether the District is taking steps to follow the rules of the Keeping Men Out Of Women’s Sports Executive Order, gives the impression that, even in the more limited sphere of athletic programs, AASD is not affirmatively protecting all-female athletic opportunities and all-female locker rooms. The executive order in question clearly states, “it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities, which results in the endangerment, humiliation, and silencing of women and girls and deprives them of privacy.” It would, therefore, seem important for AASD to make sure it is following that order lest it lose federal dollars.
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