001we're good good all right morning um today is Wednesday July 17th and we are here for a special Board of Education meeting in the Merton Primary School Library so I'll call the meeting to order um so we'll go ahead and do the Pledge of Allegiance Al to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible liy and justice for all all right this meeting has been posted in all the normal and customary uh places just looking for a motion to approve the agenda okay all right we have ation motion to approve okay a motion do we have a second we have a motion and a second to approve the agenda is there any discussion and I'm I think I'm legal to say it
002I I would have made a motion to uh uh table the issues in on the agenda because of the reasons we've got we've got the Enron uh Court ring we've got the Kansas Court ruling uh We've Got U all these unknown I don't think we need we should go forward until all the unknowns are in place but that was that was my thinking because I don't know how we go from here because if we get into new business we start discussing it it's uh just falls into place at the first reading no what do you mean Falls in place we don't we don't have a a action item to do correct the first reading is just a first reading presented to the board feedback is collected and then anything would be then changed in the
003to the July 22nd meeting correct for final approval so this is just discussion uh a typical first read um I would recommend that we do move forward with the first read so and I understand that there are all sorts of unknowns um but uh again those unknowns can continue to be discussed and brought forward to the board prior to a final reading and final approval so this was just for discussion and again it's a first reading so and even if we do approve it it's a policy we could revisit it at any time correct there is a procedure to replace that policy what we're doing this morning correct to to either replace or again ultimately you can pause a policy but to change a policy we have a policy around how to change a policies
004so we'll get into that's kind of why there's the recommendation is to have two policies running concurrently right now so Dean I I I agree with you with the concerns of the completely un we're unsure when there's a deadline date and pushing things there's no good to that kind of uh work it's not legislative this is Administrative rule that's put being pushed upon us are you know if if this if the people wanted this we could go through the same process as how title proposed back in 75 I I agree 100% I think for us to have a discussion is important to for our constituents to inform them I think a lot of folks don't know well I think it's a this issue doesn't have any has never gotten any legs in the media yeah
005so I think it's we can do a service to the community by explaining to them what it is um how it impacts students staff um still it's still an an I'll save it for the conversation we are moving forward right with this to the conversation how much of this do we do in the deciding to approve the agenda how much do we do in the conversation about well we're we're just we're discussing we're discussing why so I'll save mine for the for the m so I guess Dean you can ask to we got a motion a second on the floor I just want to clarify myself all right so we have a motion in a second to approve today's agenda um any further discussion okay all those in favor of approving today's agenda say yes
006yes yes all those opposed say no no all right motion carries 4 to one with doton oppose all right well again thanks everybody for coming I know this is a uh little bit unorthodox for us to have a first read not part of a main board meeting um just as a little timeline uh again ultimately if we backtrack uh there was some federal administrative rules that were in play and that were all federal entities whether that schools uh universities included as well um have a new title n policy um I will be honest with you Troy and Nicole as policy members I think I received it and I gave this to you the policy July first 2 somewhere around there again so this is where it is very very new and then the administrative rules
007or the possible procedures we received literally last week and so um and what we have in front of us is basically the draft that did go through the committee that is that highlights and basically follows verbatim the new administrative rules for Title 9 so um like I told the committee there isn't a lot of wiggle room in this um this is the new proposed law starting August 1st again it is a very quick turnaround and we need to have this ready to go in place by August 1st um we continue to learn as administrative and again like I started out the policy committee I don't have all the answers things continue to be fluid um as they come up I continue to share with the board whether it be from the Kansas ruling the boms
008for Liberty rulings the uh Enron all sorts of different things but I'll continue to share information as it comes up with us too as well so um what did from the committee is the recommendation was is to change and to have two concurrent policies um we have our old Title Nine uh which again was adopted back in 2021 I do believe uh with some updates and again so anything that would happen before August 1st if we were to get a complaint uh that relates to Title 9 it would fall underneath the old rules but after August 1st it falls into the new rules uh the other reason why I'm recommending to keep two policies is because just in case we something occurs where all of a sudden there is an injunction for the state of
009Wisconsin or the mert Community School District or one of our schools we have two policies ready to go and that's where Rebecca if we had to we could pause one um or we keep them both and talking to another administrator just in case something does come up that would have occurred prior to August 1st 2024 so then you would follow to meet those rules too as well so uh a lot of legal ease stuff going around um all of the attorneys that I have talked to right now with the uncertainty is to just go through your process and uh move forward as is not knowing all the uncertainty because the consequences for not moving forward again you would possibly be facing a a lawsuit either from your constituents or the federal government again it would
010take a while to get there but again it does open us up if there's no injunction if but and also if an incident occurs if an in occur can just sue you for not implementing I the policy so anyway I I just want to clarify uh my view Ron the recommendation was to be prepared correct with two policies with two policies correct that was our recommendation that's the recommendation be prepared the next board meeting with two policies available to us so if there's more clarity situation we're prepared to take action as as appropr as appropriate correct that's what it and the one policy we already have so it would be policy 113 exists exists exists y yep um and I can speak to it or you can speak to it the reason for the injunction
011um really is around the definition of the term sex um being in a manner that's inconsistent with the meaning of the term sex as it's used in the current Title Nine statute correct so um that's the big change that this rule is trying to could take some time to play out I could take them out courts it will it will this will take a long time in the courts and to Justin's point to summarize it's just we just need to be ready for whatever it is that the meron Community School District is expected to do with that um again obviously this is the first read and then ultimately we can discuss as it relates to when we want to do a final read um obviously we were we were planning on doing a final read
012next Monday um more information will come out after next Monday can promise that um so what we can discuss today too as part of this is to whether we want to set a different meeting for that or keep it on the agenda and we can not do any action and set another meeting later prior to August 1 we can do that too procedur from there proceed really correct um and then the discussion about the injunction uh Wisconsin is not part of that currently however there are three organizations that were part of that the Young America Foundation female ath is United as well as mobs for Liberty that were named parties to this lawsuit yep could you describe what that means sure what that means is is uh there was a uh a can came out
013of the state of Kansas and those three organizations um if you had a if you had a student of a family or you know for one of them is College athletics right but that wouldn't sell for us um if there was a member of let's just use Ms for Liberty because that's pretty much kind of what we're kind of looking at here if there is a member of a mom's for Liberty and they attend a school the written injunction was that means that school is not required to implement the new title 9 regulations at this time again it would be working through the court system so um they did submit a list moms for Liberty did um there's some questions around what that list is because right now if you take a look at this
014the entire country only high schools are named um we know for a fact that more students other than high schools there's I mean if you have a high schooler more than likely you may have a middle schooler or an elementary school student as well so there's more clarity coming out regarding that list just say you're not required you could still this you still certain we don't want harassment against any student for any reason correct it basically we do have harassment policies and where it falls is really the question right here so if it falls underneath the new definition of sex then then it would be covered underneath 114 um if it's not then we work through a different procedure then it just goes through your student discipline procedure so because and the only difference is
015the procedure because we would still not have harass corre any correct yep regardless of what it is correct it's regarding which bucket it goes into correct yeah and we're going to follow similar processes try to reach informal resolution do investigations and make rulings and we do that every day as well but it's what bucket it goes into and then what procedure it gets followed yeah and just for clarity purposes we're talking about um potential student or staff member having potential consequences for u misgendering a potential staff member and or we want to be careful about how we're talking about that right because misgendering on in attempts to be respectful to somebody as opposed to there's a difference between using it purposely to Har somebody and just trying to get through a daily conversation and not
016knowing what that is like so we had this discussion at the Poli correct yeah so it's so if that would that would occur so if there is a misgendering incident um there is a process if if a complaint gets brought forward right again it's all about if the complaint or if an issue becomes comes to our attention um we would then seek informal resolution or investigate that um regardless of this policy if someone is continuing to misgender someone that can be deemed to be harassment or bullying if it's targeted purposeful and things like that um but I think what we're talking about the example was is if it was an accident okay we talked and it gets to an administrative level we again whether this policy is there or not we will probably have a
017conversation with the child to say you know this child would like to go by is this child's name is here um and again it's not like it can be flipped you know about consistency about what that child is going to be gender identified to so it's again it can be disciplined I mean they can be disciplined for many different things but in misgendering unless it's intentional purposeful and repeated um we're going to come to informal resolution real quick regardless of policy and we've had these conversations before right so if the The Bullying or the harassment is uh let's say we have a child who identifies as a boy and everybody people are calling that child a girl and making fun of him for being a or something like that we would have addressed that we
018would address that right way this is a not that new it's very it's it's very new it's changing the definition of of sex as title L currently in my opinion um and I'll just use the example of a staff member that may not hold those beliefs right that's that required right L to address the student that way right but it if that would be if if that were to occur there is a formal process that would we would involve obviously the families and things like that so if we get to the point and it takes time to say hey this child now the family has changed then they would be required they would be required even under if we didn't have title n to to identify that child as their name as what the family
019has shared with us and there's a process if sure somebody tells you what their name is that's that is the name you use if you did not know right then the if this is something that had occurred prior to the person working here they wouldn't necessarily know the only way there wouldn't be a way for that teacher to know unless it was socially that somebody told them they whether or not your beliefs about somebody else's body are not that person's issue that person's body and their identity is theirs and so if somebody introduces youself like if you all decide you want to start calling me Jack I would say no that's I introduced myself as Rebecca I'd like to be called Rebecca but that needs to come from a parent Guardian correct a student cannot
020change that no a student cannot change that so if all of a sudden again Rebecca is all of a sudden the reverse side of that is is all of a sudden I want to be called Jack Rebecca we're very sorry no okay then we we we have a conversation with the student we have a conversation with the family and then we work from there and then if the family is like yep nope we are Rebecca is Jack there is a process we work administratively through that okay then we then we would move that way just as I'm just looking at that from the lens of a teacher or staff member where a child isn't coming in every other day correct and that is something that we talked about at the committee level is is the
021fluidity no it is what you consistently identify as and that's really kind of the question you know when we start talking about the definition of sex it's gender identity sexual identity and then obviously pregnancy now is included too there but uh it is not it cannot be fluid and a boy cannot go into the girl's bathroom and say nope I'm and their excuses is nope I'm a girl today nope absolutely not were you there yesterday was your consistency and ultimately would say no your family has identified you you will be going to the bathroom in which you identifying what your parents have told us at that moment consistency can we continue to learn more about this title L rewrite is changing the definition of sex it does it includes sexual identity gender identity and pregnancy
022bringing transgender policy into our schools but we have transgender kids in our schools that's okay I okay see this goes completely against my moral values God created male and female but everybody deserves an education God cre I believe in a sovereign God God never makes mistakes this is when you this is the federal government telling us you bring I disagree with both of those arguments we have transgender kids in our schools and children who do not feel that they have a place do not learn about they deserve a good education in that who not made them feel welcome tell us we were talking in our hypotheticals here and the I'll bring you the data if you'd like the experience of children who are transgendered not being able to be who they are leads to a
023rise in suicide they don't do as well as school and everybody deserves that yeah I appreciate your uh opinion on that however this is the Federal government this is them changing the definition of what the term sex is policies that don't give a transgender student same opportunities the same protections this changes the definition of you're having two conversations you both have the federal government conversation and you have a God doesn't like transgendered people conversation and so the the ads we are having in this Mee I don't think I heard that or who who should get should get to dis you're you're saying that you disagree with my opinion because I gave you my opinion you grouped my opinion uh to I said there were two different things here there's the federal government and there's the
024the guide conversation which I don't think has a place for our conversation in public schools because that's not a deal he's not talking about God in public schools he's talking about God as his personal belief that may be but we're having that conversation as a governing body of the school I just expain you I I canot go down this road period I will not go down this road while I share I have personal beliefs that uh just say that this is in front to my God we have to stand up and say this ideology is wrong and my personal beliefs are and you have that right that my God believes that my God leads us to make sure that all of these children feel as cared for and as protected as every other and I
025believe M school does that we we will 100% do that regardless of whatever policy we have it and I want to go what tro said is and as you and I discuss when we're speaking Fally not everybody does and that's that's the reason no there's a difference federally you're having things crammed down your throat like this like desegregation right people did not want to desegregate the schools the federal government said we have to desegregate the schools there are things that other people are not protecting children from which means that we have other policy that comes in I I don't want to go too far U away from the core of this conversation the federal government is telling us too bad for you regardless of what your community believes regardless of what you believe the definition
026of sex we're going to tell you what it is moving forward despite the biological realities of what sex is and that at the core is my issue with this there's no legislation this is not being legislated correct this is not being uh passed through as a you know we're a constitutional republic and now we have the Department of Education right telling us um this is how we feel it needs to be done and we all know if an administration were to change with the election coming through very very shortly in this country this could be flipped on its head the other way which is true in pre-election however theer the core of the conversation am I not in the core of the conversation is that what you're indicating pardon you said you want to get
027back to the core no but we were just we we were getting around to other other things I'm just saying we need to focus on Title 9 and the impacts of title n and the fact is and but for the purposes of this committee meeting this is we have the two policies that policies brought up to us yes this isn't a committee meeting this is this is a full board for the discussion of the board reading what pain from committee we have what we're here to discuss we understand that there are numerous people here who do not like this conversation from the federal government but that's not something that's within our perview so I would like to move forward with well this is in our per 100% that's in our perview so correct I've been
028pretty quiet just listening here I'm just going to intervene Justin not steping on toes no please everyone's being respectful but we should all stop interrupting each other so nothing gets heated in not talking over please fair enough okay thank you for that reminder um so I guess I I mean Troy would you like to have any input before we I let anyone to have one more chance to kind of speak on this I feel we spoke about in policy meeting that we're going to remove this from Monday's meeting to see what transp um so we're gonna have to have another meeting then we correct yeah it's what what came out of the committee and what my recommendation would be is is if we could set another meeting for final approval now if and again any
029board member can put an agenda item on for Monday if we wanted to discuss this again I just feel that we're not going to have all the information on July 22nd next Monday that if in fact we do approve if if we approve because we may be forced to approve it on Monday the 2 second if something occurs where there is a the board then would have the opportunity to retract the new policy if they would wish to or put it on hold um there would have to be a special meeting again it might be called because it sounds like there isn't a really good consensus here what I'm hearing is about moving forward with the new proposed policy so a new meeting would be called regardless more than likely I would imagine we're not
030going to know all the information on the 22nd I would recommend that we hold another special meeting after the 22nd either later that week or either the 29th 30th or 31st to then reconvene the entire board to then approve the policy if it is something that is needing to be approved so you'll think we'll have more information between the 22nd and the 31st absolutely well or the 22nd or even few days later could be yeah it's again because we know right now and again I did share August 1 deadline so going to move pretty quick so with that the biggest change that could happen is our school could be on a list forty that says right your district is exempt for does not need to ad to adopt the new title 9 regulations until the
031court case is finalized correct that is where we potentially could have some correct it's going to be that I mean the court case being found is probably is not going to happen between now and the month I that is unlikely that is correct but there could be clarity about the list of who's and that's really kind of the biggest push right now and again talking to our legal team yesterday actually talked to WB and to Tolus and they said that list because again Monster Liberty has highlighted that there are more schools so there might have been some confusion about what was occurring so whether the judge allows more schools to make that list which we do expect there to be several again is on that list arrowhead's on the list yeah and ultimately is this
032Arrowhead which is its own separate entity you know has its own governing body more than likely would not cover us and from that s so Rebecca I guess what my recommendation and I support the recommendation is to um from a standpoint because I'm hearing the will of the group right now if we were to approve this if we need to approve this policy today there would be very big hesitations thank you please I support that recommendation and people may or may not agree with this is there a way or what does every how does everyone else feel about it still being on the agenda under a topic that Ron is going to discuss which takes emotion personal feelings from us five out of it to be transparent to the community that may not be paying
033attention to this where at least it hasn't been it doesn't look like we're doing anything shady but we don't need a heated discussion so um I'm just going to say this honestly our policy does not matter because it's Federal right at the end of the day thatc does not matter we do not need to do anything technically because I agree with that a thousand Title 9 is Title 9 when it gets settled the polic there in place so our policy currently 113 our non-discrimination policy just like the health department they Trump anything that we have Tex right we have a non-discrimination policy we do we do right what we would be in non again there's more definitions there's no legal requirement to pass a policy about this there is no I would again I can
034clarify that but I understand we do have a legal as of right now we have a legal obligation to pass a non-discrimination policy a new non-discrimination policy that highlights the new regulations and the procedures in which move forward with it not just that you have one it's that it's not that you have one but it it it states these things and that has been my understanding through my trainings is we should get clarification I can get clarification on that under the Enron ruling this is an administrative Rule and that we would be violating Supreme Court ruling by passing I think there would be I think that is something that you want to Legal clarification on right because just having a non-discrimination policy has never been the only standard not just that you have one it
035had to say it had to say certain things and I and again that's where I would my my understanding is is you need to have a again if you're not on that list or you need to be ready to go for August 1st a new policy that states these things for full 100% protection coming back to your question from Monday I I do think some people certainly people in the community are aware and are looking for the board to even know what the board is doing so I do think people will be looking for that on the 22nd my second question then is for us to reschedule that do we think we can find a date to do it this is a hard time of year to get rescheduled I mean I will as flexible
036as I can to accommodate everybody I'm out of town Tuesday so two two things that first of all Nicole we I certainly can put it underneath my administrative update just just put it on the agenda as Title 9 update yep I certainly can just I just and if you guys disagree that's fine I just don't want anybody to come back look at the group the five of us can get into a heated discussion and I'm not trying to do that at a board meeting but I don't also want to be accused of not being transparent and I think the community would want to know that we are talking about it it is I we've talked about for how many meetings now several several have we gone we didn't have the ruling we didn't have the
037ruling we didn't know what the new definitions were and stuff like that is that there was something out there but I do think that this is something for transparency that the community is looking to know that we are discing and where and where it stands in what their plans are what for 25th I believe 23rd you guys can be on phone when are you back no he's he's uh I'm in Africa oh you're very cool okay you can't get off subject um and a 22 vote is a fail what happen if uh we have members obstain and then four members obain one member V yes how does it does it pass no you need a you need ajor no you need a majority of the board members who are there you can't first of all
038you can't have you have to have at least three you have to have a quorum if it's two to one it passes well then if it's two OB stains and one yes and I do believe it passes exactly and I do believe it passes the only because it's not a contract check will yep um cuz I'll tell you right now I want no part of this vote I will not vote on this I'm against this 100% so then why not just vote no no I'll abstain yes but why obain rather than vote no I would vote no I would vote no say I think we should be very careful about discussing I mean it's a board meeting it's an official board meeting it's okay it's public we're first reading we're not making any decisions right
039now I guess I just want to redirect again as it stands right now yeah I just want to redirect again there's um want everyone know there's a arrowhead district is on this list right so the likelihood of Merton schools being on that list when the new list comes out and there were no Prim no the entire State or the country very so the the likelihood of that happening is I would assume higher with Arrowhead being on that list correct right so um I mean that's where our decision Point comes in right I if if our name is not on that list and later in the month of July that we are still there still is not the injunction and the expectation of the federal government of the Merton Community School District is to adopt a
040new policy I have to recommend that we adopt the policy and I understand where everybody's coming from but uh as your superintendent and your legal counsels we have to we're recommending what the board decides to do is is up to down but so and there's also and and de like anything else before we kind of wrap up here anything else you want to add to the conversation before have an opportunity to kind of finish up here no I okay you guys all know where I stand I just this is an a front gun in my Dres anything you want to add to the conversation I guess as long as we the only thing I'm unclear on is are we planning now to plan another meeting as it stands it is on the 22nd what I'm
041hearing is it's going be on the agenda for information that's the will of the bo a Sugg on my Rebecca if you wanted to say no I want to take it to action you know I want the agenda to be no final reading again anybody get in another read before the first that's we have to we again I would recommending that we set another meeting before August 1st to and that would be for approval of and if nobody shows up nobody shows up but superintendent I'm going to set the let's pause can can I know Dean but can can people make a meeting on July 31st Dean Dean cannot cannot negative in the morning this should be people can be there I can do during the day I'm not available that evening yeah and and
042I guess I just want to I don't disagree with you because emplo it from the community is important again this is a federal rule so regardless of what people that's where I struggle right regardless of way people feel um what about August 1st it a place August first can't do August well we could we can do whatever we want you 29th school oh no wait that's Arrowhead School registration when is open house oh at the for us end of August okay yeah yeah 30th any of those I may start I may have to cover a class at 8 and from 8 to 10 we evening meeting on the 30th 30th I'm wide open I'll come back in are you on vacation I'm on vacation I'll come back if we have to yeah 3 hours I'll
043come back no no no no no no no no no that's fine but are you are you here on the 31st no I'm out all that that way but no no I I will we need to set it and I will make sure I am here somehow yep don't worry about it I've already told Mrs be virtual uh I'm allowed to be virtual can you do it I I probably could but okay again let's just set the meeting and we'll see so if everyone's comfortable with that we can set it for the 30th 30th and 6 o' 6 o' I have to do it after after 7 7 o' 7 o' 7:15 7:15 up to you I think I'm okay Dan has something on my schedule so maybe that might be something so let's say
044right now I'm okay because I don't know what it is we have three that are with the 30th so we have a qu we would have a quum Troy I will follow up with w SV about what a quum means if you know if if someone would abstain and all of a sudden it's 1: one obviously it doesn't pass 1 to zero 2 to zero I'll follow up with that okay um okay so 7:15 on the 30th PM pm. PM um so I'm going to put it on the agenda as information if that's superintendent's information yep not a read no I'm going to pull it out of there just make information update Title n okay um obviously this agenda will go into the board packet it's already posted all the information is there so um
045that will be going out to our families tomorrow officially but it'll be all ready to go and it's already visible on our website okay can I talk about this the actual policy so right now current policy is 113 proposed new policy 113 this says 113 r at least on my copy has that changed that has been updated everything will be one on online right now is 114 and 114r you got I know I get a little I still that okay um then just in going through everything and again this may not have anything um but it isn't until oh it doesn't have page numbers um one I probably should two three so four pages not counting the back pages okay where it says introduction um just oh not counting the back okay correct so just
046flip four pages it says introduction on four physical Pages yeah four physical Pages you got it okay um the font is different I know it's minuscule whatever um but that's the first place it says the Martin Community School District everything else is District yep yep is District so either just for consistency mcsd or District sorry I know I just like everything in my copy the font is all right okay and then are we listing so it says on the back adoption date are we listing any of the federal stuff just um the federal stuff is all in 113 is 14 because it's listing the procedures in things there isn't any federal um references I can copy and paste them over if you would like because this is a 114r corresponds directly with 114 which contains
047all the federal rulings so that's yeah so do we want that all listed underneath how do our other policies go same thing rules and procedures are because a rule anymore well it's a procedure it's still a procedure okay that' be 114 r right so it so 114 will have all of that sorry yep just making sure good question we've come this far I aim for consistency correct yeah and the nice part about this is if this ever does get challenge the policy it is a WB policy we've worked through several drafts with WB uh Council Dan M um we are covered legally with additional protections from w uasb and obviously through our insurance companies too as well if it if we do have to adopt it it gets adopted um we would be legally covered
048if there was a challenge on it either way okay we have a motion to a chair second motion and second all those in favor Journey meeting say yes yesos say no motion carries thank youone thank you thank you very much thank you so yep you're welcome so I am going to set this at 7:5