(The Center Square) - The Seattle Public Schools Board of Directors is poised to vote Monday evening to authorize “legal action” regarding Initiative 638.
At the same time, the Battle Ground School Board will consider a resolution brought by a parent in the district to ensure I-638 is fully adopted upon certification by the Secretary of State on Dec. 3.
I-638, passed by 56% of Washington voters in the Nov. 3 election bans biological males from competing in sports designated for female athletes, regardless of how they identify.
The prospective student athlete will have to submit a doctor’s form verifying the student is biologically male or female as part of a sports physical.
The resolution the Seattle School Board is expected to discuss behind closed doors and then vote on in a public session would give Superintendent Ben Shuldiner and the district’s legal counsel permission to pursue legal action.
The agenda item on the school board site states:
“Executive Session: To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. RCW 42.30.110(1)(i).”
Seattle School Board members unanimously adopted a resolution opposing the passage of Initiative 638 in September.
The district did not respond to a request for comment regarding Monday's meeting.
Supporters of the measure argued that the initiative would address fairness and safety in girls’ sports.
Let’s Go Washington sponsored 638 and Hallie Herzberg with LGW emailed a statement in response to learning about Monday’s planned action from the Seattle School District.
“If school districts choose to openly allow boys into girls' sports after December 3rd, they will be in violation of the law, and we expect OSPI and school authorities to act swiftly to stand up for girls. Chris Reykdal has said that his hands have been tied by the law of Washington State and even if he wanted to ensure that girls’ leagues remain for girls only, he couldn’t. On December 3rd, he will have every right to advocate for girls’ sports, and we expect him to and to hold every school district accountable who is stripping away rights from girls,” wrote Herzberg.
Reykdal previously commented on the initiative, saying “It’s about them trying to change the law. That's a legal process. And so, I really respect that.”
In contrast to what the Seattle School District may do Monday night, the Battle Ground School Board is being asked to embrace the passage of I-638.
“Watching my daughter go through this, hoping that she doesn't have to go through another season of this because she said she'd give up cross country if this was the thing,” said Sheona Lowe, the mother of a 15-year-old Battle Ground High School cross-country athlete, who was among about a dozen runners who refused to run against a biological male athlete from Camas High School who switched from the boys team to run with the girls mid-season.
“I plan tonight to go to the Battle Ground meeting, and I don't want people to think that I’m standing there saying 'we're right, and you're wrong.' That's not what it is,” said Lowe in a Monday interview with The Center Square.
Lowe said knowing her daughter, who is a competitive cross-country athlete won’t run next year if biological males are competing in the girls’ division, combined with 638 passing, propelled her to get involved and present a resolution to the school board Monday night.
“I want to present it with compassion to say we just want you to follow the law that's been written, and I understand that it could go through the courts. But in the meantime, as long as nothing is illegal, then can you please honor what the voters have asked for?” said Lowe.
The resolution says in part:
“The Battle Ground School District shall not delay, suspend, or refuse implementation of Initiative 26-638 solely because a legal challenge has been announced, filed, or is pending before a court.”
Democrats for an Informed Approach to Gender supported I-638 and told The Center Square in a Monday interview legal challenges to the passage of the measure were not unexpected.
“I'm not really surprised, because I think Democratic leadership in this state exists in a deep blue echo chamber, and they don't talk to normal voters in Washington State,” said Washington State Coordinator and Director for DIAG Brian Anderson.
“This is a shock to the system because they're used to talking to advocacy groups and stuff. And it doesn't surprise me at all. They're not in touch with regular voters in Washington State. Initiative 638 got 42% in King County. The bluest, most liberal county in the state. And I think this is just a shock to them.”
Lowe said her message to the school board in Battle Ground tonight will be simple.
“Please honor what the nation is asking for. And most importantly, please honor what our young female athletes and daughters across the country are asking you to honor,” said Lowe. “Let them have fairness in sports. Let them be able to compete and feel safe in competing.”