SEATTLE — The Seattle Public Schools board has given the district the authority to hire attorneys and take legal action over Initiative IL-638 if it decides it is necessary. The board approved the resolution at a special meeting Monday. It says the initiative’s requirements would apply only to women’s sports and could subject girls to scrutiny and privacy controls that boys don’t face. RELATED | Initiative banning transgender student-athletes from obtaining girls’ sports passes in Washington. The board also expressed concern about potential legal, financial and administrative costs for public schools. The board voted in favor of the initiative in September. Monday’s resolution reaffirmed that position and the board’s commitment to student privacy, equal treatment and access to sports and other educational opportunities. Our responsibility as a School Board is to uphold the law and protect the students and families we serve,” said board President Gina Topp. “When a new law raises serious questions about how it interacts with existing laws and constitutional protections, we have a responsibility to seek clarity in the courts. This resolution gives the district the ability to pursue appropriate legal action so that we can meet our obligations to our students.RELATED | Voter-approved girls’ sports initiative will likely face court battles. Those who support the initiative affirm that the issue is not about gender identity, but about justice. “It should never have come to this,” said I-638 supporter Amy Sousa. “It should never have come to a situation where men were allowed to participate in the women’s category.” Sousa and others were part of a brief outburst after Monday’s vote. “Justice delayed is justice denied! Who will listen to those girls?” Sousa said. Opponents argue that sex verification requirements undermine students’ privacy and dignity. “I think it’s going to come down to how they choose to enforce it, and that could be a really difficult situation,” added Seattle’s Simon Thornton on how girls may be evaluated. Board member Joe Mizrahi said the initiative could conflict with state laws that protect student privacy and equal access to educational opportunities. Washington has important laws that protect student privacy, ensure equal access to educational opportunities, and ensure that students are treated fairly.” Mizrahi said, “These laws reflect values that our communities have fought for and overwhelmingly support. As board directors, we swear to respect them. At this time, we do not see a way to implement Initiative 638 without violating those vital protections. We are not willing to simply ignore our other legal obligations, which is why we are asking the courts to help resolve this dispute. “We don’t indicate what type of legal action. I think that’s obviously left to the people who know the attorneys in the room,” added SPS Board President Gina Topp. No timeline was given for when the district will decide what type of legal action might be taken. The law will go into effect on December 3. SPS is acting on its own, although board members said other districts may follow suit. Last Tuesday, Washington voters approved Initiative 638 by nearly 12 percentage points, with 55.83% voting in favor and 44.17% voting against. The resolution also reaffirms the board’s commitment to schools that are “safe, inclusive, affirming and supportive for all children,” according to district leaders.
