The Edmonds School Board during its Tuesday, Feb. 11 meeting discussed ways to protect all Edmonds School District students after learning that the U.S. Department of Education will enforce a 2020 policy that provides “Title IX protections on the basis of biological sex in schools and on campuses,” according to a recent letter.

The district plans to revert to its former policy on sexual harassment to avoid legal repercussions after the federal Education Department’s  Jan. 31 announcement it will enforce the 2020 rules put in place by President Donald Trump, rather than former President Joe Biden’s Title IX rule passed in 2024. 

The school board hasn’t voted to change policy yet, but is scheduled to do so as soon as possible to avoid litigation. 

A celebration of Mountlake Terrace High School journalism students was initially scheduled for Tuesday’s meeting, but was moved to the Feb. 25 agenda. The students recently took home awards after a national journalism conference in Philadelphia. 

The board also unanimously approved an amendment to the district’s lease with nonprofit Housing Hope, as the project has met delays and is set to take more time than originally planned. 

The goal is to collaborate with Housing Hope to build affordable housing units for students and families experiencing homelessness, with priority given to families living within district boundaries. 

The project was initially expected to be completed in August 2024, but has since run into delays obtaining permits. Originally planned for December 2024, construction is now scheduled to begin in September 2025. District staff estimate completion before December 2026. 

Sexual harassment policy changes

For the most part, the district’s sexual harassment policies from 2020 and 2024 are the same. 

However, the 2024 policy prohibits sex-based harassment and “other harassment based on sex stereotypes, sex characteristics, sexual orientation, gender identity and gender expression.” 

The words “identity,” “expression” and “sexual orientation” aren’t found anywhere in the district’s 2020 sexual harassment policy.

The requirement to revert to the 2020 policy comes after a ruling by the U.S. District Court for the Eastern District of Kentucky that vacated Biden’s 2024 Title IX Final Rule. The court determined that the 2024 rule violated the First Amendment and the Spending Clause of the U.S. Constitution, according to the “Dear Colleague” letter sent from the Department of Education to all educational institutions in the U.S. This decision was immediately effective and enforceable nationwide. 

The federal 2024 Title IX rule expanded the definition of sex-based harassment to prohibit discrimination based on “sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.” 

Because of the Kentucky ruling, the U.S. Department of Education is set to enforce the 2020 Title IX policy for schools nationwide.  

“The department will return to enforcing Title IX protections on the basis of biological sex in schools and on campuses,” the Department of Education’s website reads. “Returning to the 2020 Title IX Rule also ends a serious threat to campus free speech and ensures much stronger due process protections for students during Title IX proceedings.” 

Even though Edmonds School District changed its policy to reflect 2024 federal Title IX rules in August, the 2020 policy was never removed from the district’s website. 

Assistant Superintendent Rob Baumgartner said district staff contined to refer to 2020 policy for guidance in some sexual harassment cases. The 2024 Title IX policy didn’t replace the 2020 policy, it just added to it, he said. 

The district’s 2024 policy cites state law when it prohibits discrimination based on sex, gender identity, sexual identity and sexual orientation.

“I don’t think we need to remove that language, [sexual identity] is still a protected class in Washington state,” School Board Director Keith Smith said. “I’d like to see that stay in the policy.”

Superintendent Rebecca Miner said the decision to revert to the district’s 2020 policy was based on legal counsel from the state. 

“It’s been recommended that we do this expediently,”  Baumgartner added. “…What we need to avoid is any potential litigation that results from us maintaining these on our books” 

Several board members said they’d agree to passing the policy change for now, but expressed a desire to revisit the policy and potentially change it in the near future. However, the board would need to seek legal counsel if it did so, Miner said. 

“I am comfortable with taking this away to remove the immediate threat of litigation,” Smith said. “I’m not comfortable leaving it in place for the long term. So I would be fine rescinding the policy with the understanding that we are going to adopt a more inclusive policy in the coming weeks, months, whatever that may be.”

Board Director Carin Chase said that she appreciated having this conversation, as many community members have expressed concern over the matter.

“We stand with the policy that we did adopt, but with the flurry of executive orders coming through we do need to maintain compliance with the law,” she said. 

There are currently no open cases that would be affected by the policy change, Baumgartner said. However, staff have been instructed to refer to the old policy if a case does arise before the district votes to officially adopt it. 

District spokesperson Curtis Campbell said in an email Thursday that the school district “remains committed to fostering a safe, inclusive and welcoming environment for all students. While federal guidance on Title IX has evolved, our commitment to prohibiting discrimination in any form has not changed. Our policies and practices will continue to go beyond the minimum federal requirements, ensuring that all students are protected and supported.

“State law (RCW 28A.642.010) remains clear in prohibiting discrimination based on race, creed, religion, color, national origin, sexual orientation (including gender expression or identity), disability, and other protected statuses,” Campbell continued. “Our Policy 3211 and 3211P: Gender-Inclusive Schools also remain in place, further reinforcing our dedication to equity and inclusion.”

In other business, the board unanimously approved changes to increase the balance of the district’s worker’s compensation fund from $150,000 to $300,000. The district goes through a third-party to process worker’s compensation claims, and the district later reimburses the agency for the claims. 

“As claims have increased both in frequency and value, the District requests an increase in the amount of the imprest account in order to manage the requirements of the program,” district documents read. 

The board also unanimously approved minor changes to district policies on equivalency credits, highly capable programs, and policy on restraint, isolation and other means of reasonable force. It also unanimously approved public works contracts from 2022-2024 and accepted the Edmonds Woodway High School intercom replacement contract. 

A recording of Tuesday’s meeting can be found on the district’s website. 

Contact Ashley Nash at ashley@myedmondsnews.com