What You Need to Know about OPS Nondiscrimination Policy

On Monday, July 18th, the Omaha Public School Board discussed an amendment to their anti-discrimination policy (1200) that would add gender identity and gender expression among other items. If passed, Policy 1200 would read:

“Omaha Public Schools does not discriminate on the basis of race, color, national origin, religion, sex (including pregnancy), marital status, sexual orientation, disability, age, genetic information, gender identity, gender expression, citizenship status, veteran status, political affiliation or economic status in its programs, activities and employment.” (Red indicates a change).

This policy would affect more than 50,000 students at over 80 elementary and secondary schools. Although the policy as amended does not directly reference public accommodations and school activities, it would likely require schools to allow:

Males to use female bathrooms, locker rooms, and showers, and vice versa.
Males to play on female athletic teams, and vice versa.
Males to share dormitories and other housing facilities with females, and vice versa.
…

The Board could vote on this policy as early as their next board meeting on August 1st.

Currently, 21 states including Nebraska are suing the Departments of Education and Justice to oppose President Obama’s attempt to redefine ‘sex’ in Title IX to include gender identity. It’s not clear if the OPS School Board is concerned about complying with these Federal “guidelines.”

Karen Bowling, an Nebraska Family Alliance team member who works closely on education issues stated:

“It is premature to consider this extreme policy change when more than 20 states are currently challenging President Obama’s Title IX redefinition. Also, parents and students, those who would be impacted by this policy change, are in vacation-mode. The OPS Board has a responsibility to allow more time for awareness and input from those within the Omaha Public School system. If you’re concerned, contact your district representative today.”

Lacey Merica, who is a member of the policy committee for OPS, said in their July 18 board meeting, that they are suggesting the policy change because it reflects what other education institutions had adopted in the state of Nebraska. She continued, “We are really focused on making sure that we are providing a safe environment for all of our students and staff.”

During discussion of the policy, Marian Fey, representative of District 3 indicated that the language had not been vetted to the extent that it should have been before being brought before the full board.

[wp-svg-icons icon=”new-tab” wrap=”i”] The Unintended Victims of Bathroom Bills and Open Locker Room Policies

Fey referenced the transgender policies of Bellevue Public Schools and California schools, which are supported by the ACLU, as a “good template” and a “good guideline” to consider. Fey questioned why the policy committee did not consider more explicit language in crafting the OPS policy change.

Lou Ann Goding, Board President and Chair of the Policy Committee said they brought this nondiscrimination language because they believed there is board consensus to pass this language. Fey challenged Goding and said that she believed there is board consensus for a more extensive policy than the one outlined.

Fey stated unequivocally that she supports the language and will vote for it when it is an action item – whether that is at the next meeting or a future meeting. Justin Wayne, representative of District 4 also indicated that he would vote for the policy when it’s an action item.

We all care about the privacy, safety and dignity of our children. The next full OPS Board Meeting is August 15th. Contact your district representative today.

July 18, 2016, OPS Board of Education full discussion of policy 1200: