Owatonna Board argues merits of Title IX law

In a meeting full of business items like approving the preliminary levy and a half-million-dollar contract for asbestos removal, the second reading of school district policy revisions ground the Owatonna School Board meeting to a halt.

Specifically, board member Deborah Bandel took exception to the Equal Educational Opportunity – or Title IX – policy.

“I really want something in there that says that those who are biologically male will be participating in athletics with biological males, and females with females,” she said. “The question is, how do we change it to read that way?

“And I’m not the only one that does not want transgender women, girls, competing against biological girls,” Bandel said.

Board member Lori Weisenburger, a member of the committee that reviews the policies, said it was the first time she was hearing the concern, and questioned the timing.

“We certainly have Minnesota State High School League rules that apply to us,” Weisenburger said, “and we have to do a little further clarification about this, but I believe that’s the source for the majority of this.”

The wording at issue: “Whether the opportunity for all genders to participate in the athletic program reflects the demonstrated interest of athletics in the student body of the educational institution.”

It is a result of “adjustments made to Title IX by the federal government,” said Superintendent Jeff Elstad. “Our policies have to align with state and federal law.”

“I don’t want boys on girls’ teams,” Bandel said. “Those girls work so hard to get their numbers up and become very good in their sports, they don’t need to have male bodies – which are stronger, faster. The muscle, skeletal development of those people is different, and it puts a terrible, crushing disability against girls and women.”

Without the approval of the policy, Weisenburger said, “we’re going to lose federal funding, we’re going to not be participating in the Minnesota State High School League. There’s all kinds of ramifications to imposing our personal opinions and preferences on federal law into policy for this organization.”

“So, what is this board going to do?” Bandel asked.

“Follow the law,” said board member Tim Jensen.

“It’s wrong; the law is wrong,” argued Bandel. “I can’t help that we’re in a crazy world right now.”

“You’re in the wrong place then, Deb,” Jensen said. “You need to go up to St. Paul and start sharing your opinions there. We’re a school board.”

Elstad stepped in again when member Elizabeth Hedlund asked what the district’s protocol was.

“There is a process that’s designed to make sure a hasty decision isn’t made,” he said. “Title IX is a non-discriminatory law.”

“It’s not non-discriminatory,” Bandel said. “It used to be, but they’ve crossed the line. It doesn’t protect women in sports.”

Board President Mark Sebring explained again that they were discussing a federal law, adding, “you have an opportunity to vote.”

Weisenburger then called for the question, effectively shutting down further discussion.

The motion passed 6-1.

Bandel voted against another action item later in the meeting, when she declined to approve the district’s Assurance of Compliance report.

The report, which public school districts must submit annually to the Minnesota Department of Education, assures they do not discriminate in their use of funds provided through the MDE and the federal government, “and that they have informed all mandated reporters of their reporting duties.”

After the meeting, Bandel reversed course somewhat.

She voted against the motion, she said, “because signing the compliance report says we are complying with the laws and regulations of the federal and state government – and I don’t think we should be complying with those laws.

“Unfortunately, they are,” Bandel said, “but I don’t think they should be, because it’s not fair to girls.”

Board member Jolayne Mohs also addressed the issue later.

“We are definitely in compliance,” she said. “In my experience with the school board, there has never been any indication that we haven’t been.”