05/01/2025
On the bad news side, OSPI did not care for the draft policy on Transgender Students presented at the March board meeting, and sent the letter below. While it will be posted to the Mead School District website along with other pertinent documents, I wanted to provide a sneak peak so community members can
Most interesting in the letter, which inaccurately portrays some sections of the draft, is how it interprets state law requiring districts to "incorporate all elements of the model transgender student policy and procedure" to mean our verison cannot "deviate or remove any of the content in the model policy and procedure." Also interesting is the letter's focus on Trump's executive orders, which are not the basis for our concerns, but utter disregard for Title IX, FERPA and PPRA both we and the Department of Education highlighted.
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Dear Superintendent Hanson,
I understand that Mead School District’s Board of Directors may be considering adopting its proposed revisions to its “Transgender Students” policy and procedure, 3211 and 3211P, at its meeting tonight. After reviewing the proposed revisions to the District’s policy and procedure as part of the OSPI Statewide Civil Rights Review, OSPI is concerned about the Board adopting them. This correspondence is an effort to provide you and the Board with context for OSPI’s concerns prior to tonight’s meeting and remind the District about Washington’s state law regarding nondiscrimination based on gender identity and gender expression.
In Washington, state laws, rules, and guidelines prohibit Washington K–12 public schools from engaging in discrimination on the basis of gender identity and gender expression. This includes Chapters 28A.640 and 28A.642 of the Revised Code of Washington (RCW), 392-190 of the Washington Administrative Code (WAC), and OSPI’s guidelines Prohibiting Discrimination in Washington Public Schools. The OSPI Equity and Civil Rights Office is responsible for ensuring that school districts in Washington comply with these laws, rules, and guidelines.
State law requires each school district to adopt the Washington State School Districts’ Association (WSSDA) model policy and procedure regarding gender-inclusive schools. Specifically, RCW 28.642.080(1)(a) directs each Washington public school district to adopt a transgender students (also referred to as a “Gender-Inclusive Schools”) policy and procedure or amend existing policies and procedures to, at a minimum, “incorporate all the elements of the model transgender student policy and procedure” developed by WSSDA. The statute does not grant school districts flexibility to deviate or remove any of the content in the model policy and procedure. This statute also requires the WSSDA model policy and procedure to incorporate OSPI’s rules and guidelines developed under RCW 28A.642.020 to eliminate discrimination in Washington public schools on the basis of gender identity and expression.
These laws comply with federal law, including Title IX of the Education Amendments Act of 1972 and the Family Educational Rights and Privacy Act. States are permitted to provide greater protections for students than what is required by federal minimum standards, and Washington’s laws fit squarely within the scope of what is allowed by federal law. Any federal executive orders or interpretative correspondence demanding a different approach do not have independent force of law and thus do not require a change in school policy.
The proposed revisions to the District’s Transgender Students policy and procedure do not comply with the RCW 28A.642.080 requirement to “adopt or amend if necessary policies and procedures that, at a minimum, incorporate all the elements of the model transgender student policy and procedure. . . . ” The District’s draft policy and procedure includes numerous material additions and deletions from the model policy and procedure, and as such, do not comply with RCW 28A.642.080.
Further, the draft policy and procedure do not incorporate or comply with OSPI’s rules at chapter 392-190 WAC to eliminate discrimination in Washington public schools on the basis of gender identity and gender expression or follow OSPI’s guidelines developed under RCW 28A.642.020
Specifically regarding the procedure, the following list is not exhaustive of all the revisions but include some of the most concerning revisions OSPI identified that are not consistent with OSPI rules and guidelines. The District’s draft 3211P:
- Suggests that school employees should inform a student’s parents about their gender identity or expression without the student’s consent, even absent an educational record or appropriate FERPA request by the parent.
- Discouraged staff referring to students by their pronouns.
- Requires a transgender student to seek permission before accessing the restroom and states that their right to access the space will be balanced against facilities available and the needs of other students.
- States that a transgender student’s access to locker rooms will be balanced against the facilities available and the needs of other students.
- Prohibits transgender students from participating in overnight trips in accordance with their gender identity.
For these reasons, OSPI strongly urges the District and Board to not adopt its draft 3211 and 3211P. Please feel welcome to contact me if you have any questions.
Sincerely,
Sarah Albertson she/her
Managing Attorney, Equity and Civil Rights
Office of Superintendent of Public Instruction (OSPI)
p: 360-725-6162 | c: 360-764-3408
This information is for informational purposes only. It does not provide legal advice or establish an attorney–client relationship. Please contact an attorney for legal advice specific to the facts and circumstances of your individual situation. All communications with OSPI are subject to public disclosure under state law (Chapter 42.56 RCW).
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