Penn Manor School board advances two policies recommended by Independence Law Center

• By Ashley Stalnecker/LNP | LancasterOnline

Penn Manor School board plans to vote in October on two policies recommended by the religious rights law firm Independence Law Center – limiting student-athlete participation to sports teams aligning with their sex at birth and recognizing a student’s “unofficial name” and preferred pronouns – after the policies cleared a first hurdle Monday night.

These policies are the first the board is working on at the recommendation of the Independence Law Center since the board approved a contract in August to use the firm as a for-free special counsel. The board is working with the Harrisburg-based law firm in conjunction with Saxton & Stump, the district’s solicitor.

Superintendent Phil Gale said the district’s attorney with Saxton & Stump reviewed and suggested revisions to the policies, but did not answer a question from board member Christopher Straub as to whether the solicitor recommended the board approve the Independence Law Center’s recommended policies.

The board voted 7-2 to consider the policies at its next meeting, when members could vote to implement them. Straub and board President Joseph Fullerton voted against advancing the policies.

The board’s next meeting is scheduled for 7 p.m. Oct. 21 in the Penn Manor High School large group instruction rooms at 100 E. Cottage Ave.

“If we’re going for parents rights, I’m not worried about what a teacher thinks – you can’t have both,” Fullerton said. “There’s going to be some teachers who are going to fight for the students, and there’s going to be some teachers who are going to fight for themselves.”

The policies

The proposed revised policy on sex-based distinctions in athletics doesn’t differ much from an athletics policy passed by Hempfield School District in July 2022.

Hempfield’s policy barring students from participating on a sports team aligning with their gender identity – also written with the help of the Independence Law Center – is believed to be the first such policy adopted by a school board in Pennsylvania.

If passed, Penn Manor’s would be the second such policy adopted by a school board in Lancaster County.

Like Hempfield’s policy, Penn Manor’s would provide “reasonable accommodations” for a student to play on a sports team designated for a sex different from their sex assigned at birth.

For example, a student assigned male at birth who has not begun male puberty could be permitted to play on a team designated for females, if that student can provide a doctor’s note certifying they have not yet started male puberty.

“Separate athletic teams on the basis of sex preserve fairness, provide increased opportunities for females and are safer,” reads a portion of the policy’s purpose section.

Under the proposed policy on names and gender identity, a student may formally request to go by a name other than their legal first, middle or last name – dubbed an “unofficial name” – as well as pronouns differing from their sex assigned at birth and on their official student record.

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READ: What school districts are working with religious liberties law firm, Independence Law Center?

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If such changes are approved, school personnel cannot repeatedly call a student by their unwanted name or pronouns.

However, the policy also forbids forcing school personnel or students from speaking names or pronouns in violation of their conscience. Allowed alternatives include calling a student by a neutral name and gender-neutral pronouns like “you,” “they” and “them.”

According to the purpose section of the policy, “The district recognizes that accommodation requests to cease being addressed in one way to begin being addressed in another way may necessitate accommodation of others’ conscience and speech rights, and therefore seeks to provide reasonable accommodation in both directions when such interests come into tension.”

Requests for name or pronoun changes must be made by a parent or a student over 18.

Under the unofficial name change request, the district could offer a second diploma “at the student’s expense” with the student’s preferred name in addition to the diploma with the student’s legal name.

Board discussion

“I certainly don’t like the mixing of the parents’ wishes, and then we can ignore the parents’ wishes if we don’t like that,” Fullerton said, referring to the student records policy.

Fullerton asked whether an employee would be disciplined if they would repeatedly call a student by the wrong name or pronouns. Gale said the administration would have to determine whether the employee is making a mistake or if the employee is acting purposefully.

“That’s certainly a question I’ve been asking is how will these policies be implemented,” Gale said.

Fullerton also expressed concern with one of the accommodations to the sex-based distinction in athletics policy that would allow a girl to try out for a boys team because her skill level is so high that participation on the girls team would not provide meaningful competition for her.

Nafziger defended the accommodation, noting that Title IX – the federal law prohibiting sex-based discrimination – requires a school to provide meaningful competition for all students.

‘Work to do’

Most of the nine speakers among the dozen in attendance Monday said they were confused by the policies and asked the board to provide more clarity before advancing the policies.

“You have some work to do with clarifying things,” said resident Bob Ellis.

Resident Jeff Sugden said the accommodations in both policies were confusing and asked the board to remove those sections altogether.

“We need to just keep it plain and simple,” Sugden said. “Keep it to the truth. Keep it male, female, coed. Do your policies accordingly.”

When asked after the meeting how the administration and board would address residents’ confusion with the policies, Gale said he was unsure.

“There’s a lot in these policies and they’re just reading those probably for the first time,” Gale said. “It takes a while to read through them and understand it.”

Gale had previously cautioned the board against working with the Independence Law Center. In an email he sent to both board members and administrators in June, he said he was concerned policies made in collaboration with the firm would single out certain students, particularly transgender students. That concern, Gale said, is addressed in the accommodation sections of each policy.

Resident and Penn Manor alum Jackie Snyder told the board it should scrap the policy entirely and stop working with the Independence Law Center. Snyder – who identifies as LGBTQ+ – said the district should be concerned for students whose parents are unsupportive and would not help them in requesting changes outlined in the policy.

“It’s completely unnecessary,” Snyder said of the policies. “I don’t see who else you’re singling out like this.”

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