Community speaks out on proposed Dripping Springs ISD nondiscrimination policies

DRIPPING SPRINGS  —  Dripping Springs ISD parents and students spoke during the public comment period at the April 22 board of trustees meeting about proposed changes that would remove certain language from the district’s nondiscrimination policies.

The DSISD Board of Trustees was initially presented with the proposed revisions to local policies at its April 15 agenda review meeting. This included removing the phrases “sexual orientation” and “gender identity” from some of its nondiscrimination rules.

In the superintendent’s nonrenewal policy, it currently states: “ The board’s decision not to renew the superintendent’s contract shall not be based on the superintendent’s exercise of Constitutional rights or based unlawfully on race, color, religion, sex, gender identity, sexual orientation, national origin, age, disability or any other basis prohibited by law.” The proposed changes would remove  “identity” and “sexual orientation.”

Similar to that of the superintendent’s policy, the contract nonrenewal policy for district employees would also have “identity” and “sexual orientation” removed from the following paragraph: “The recommendation to the board and its decision not to renew a contract under this policy shall not be based on an employee’s exercise of Constitutional rights or based unlawfully on an employee’s race, color, religion, sex, gender identity, sexual orientation, national origin, age, disability or any other basis prohibited by law.”

As for policies that relate to students, in the section that discusses student welfare and freedom from discrimination, harassment and retaliation, it currently states that the district prohibits discrimination and harassment against students based on several protected classes. However, the proposal would remove “gender identity” and “sexual orientation” from those protected classes.

Additionally, the definition of “discrimination on the basis of sex includes discrimination on the basis of biological sex, gender identity, sexual orientation, gender stereotypes or any other prohibited basis related to sex” was crossed out and removed in the proposal.

Harassment was defined as “physical, verbal or nonverbal conduct based on the student’s race, color, religion, sex, gender, sexual orientation, gender identity, national origin, age, disability.” And similar to the other proposed changes, “sexual orientation” and “gender identity” were crossed out.

Community response

The board was slated to discuss the proposed policy changes at the April 22 regular meeting, however, the item was removed from the agenda. This did not stop a total of 41 community members — ranging from concerned parents to students — to sign up to speak about the item during the public comment period for approximately an hour.

Mary Beth Alsdorf, a Dripping Springs resident who used to work at Pasadena ISD, said that she believes that all students, faculty and staff — no matter who they are — deserve the protections that are currently written in the policy.

“Removing certain groups projects a harmful message,” she said. “We are all beautifully flawed human beings so let’s show grace, inclusivity and love to others.”

Another speaker, William Salvin, has been a resident of Dripping Springs since 2016 and he pointed out how the policy changes could affect one of the board’s core beliefs.

“One of this board’s core beliefs reads, ‘Each child has unique worth and potential.’ If you approve these changes, you will, by necessity, have to change your core beliefs to read ‘Each child has unique worth and potential unless they're gay, lesbian, bisexual, trans or queer and then, we don't care.’ You can erase the words from the policy, but you can't erase the kids who are struggling with their sexuality or who identify as LGBTQ,” Salvin said. “And if you erase those words, you empower people to discriminate against and harass children. Be very clear about what you're doing, if you vote to make those changes, you are giving permission to anyone to harass the children that you claim to care for.”

He also stated that this “will also likely” be violating Title IX, which protects people from discrimination based on sex in education programs or activities that receive federal funding. This includes the terms “sexual orientation” and “gender identity.”

“This district gets about $3 million a year from the federal government. That money is at risk. Discrimination always comes with a cost and in this place, it is $3 million,” Salvin said.

Terry Purdy, a school board candidate and parent of two DSISD students, stated that she believes that the policy revisions were proposed without harmful intent.

“I've watched you guys and not one of you condones bullying, discrimination or harassment towards any individuals. I just wanted to say that publicly,” she said. “I appreciate you removing this item from tonight's agenda and I respectfully request that when the board takes up policy revisions in the future, that this language protecting LGBTQ individuals be kept in our policies.”

Purdy added that the removal of the language is not required by federal or state law: “TASB [Texas Association of School Boards] suggests model language for policies and that may be where the confusion is coming from. That model language maybe does not include this, but local districts can modify or create their own policies as long as they comply with state and federal law.”

Alongside that of DSISD families, the proposed changes also gained responses from state leaders.

On Monday, April 22, Texas Rep. Erin Zwiener (D-Driftwood) shared on social media that she sent a letter to the school district that expressed her “profound concern regarding the proposal to remove the terms ‘gender identity’ and ‘sexual orientation’ from several school policies within the Dripping Springs ISD.”

In her letter, Zwiener said that she is concerned about the harm that the proposal has already done for LGBTQ youth in the district and “what the proposal may portend for inclusivity within Dripping Springs ISD.” She also stated that “it is crucial that our educational institutions foster an environment of inclusivity, safety and respect for all students and staff members, regardless of their gender or sexual orientation. This proposal would take Dripping Springs ISD backwards.”

Texas Rep. Carrie Issac (R-Dripping Springs), who spoke during public comments, stated her support of the proposed policy changes.

“Given the extensive protections against discrimination early provided in our U.S. Constitution and federal laws, there is no need for additional manufactured protected classes. According to our Fourteenth Amendment, no state shall deprive any person of life, liberty or property without due process or law, no deny any person without its jurisdiction equal protection of the law. And, according to our Civil Rights Act, it prohibits discrimination based on race, color, religion, sex [and] national [origin],” Issac said.

She added, “Language that specifically points out one group over another does not bring equality. This is not about equality. This divides us when you protect one class over another. We are all protected equally under our Constitution and our civil rights.”

Next steps

Following the public comment period, board president Stefani Reinold read the following statement issued by the district:

"DSISD completed a review of its policies with the guidance of the Texas Association of School Boards [TASB] to ensure alignment with state and federal laws and to standardize language across policies and procedures. The board receives recommended changes as a first reading, thereby providing the board an opportunity to review policy changes for the first time. At this moment, the board has not had an opportunity to complete its first review.

The recommended policy updates included certain changes for consistency that have been perceived by some as an attempt to remove protections for LGBTQ+ students and staff. The removal or modification of protections against bullying or discrimination was never the intent of these changes and would not be the result. The DSISD Board of Trustees and administration stand firm that bullying and discrimination are unacceptable and will not be tolerated, including if based on a person's status as part of the LGBTQ+ community. We care for the welfare and protection of all students and staff, including those in the LGBTQ+ community.”

The DSISD Board of Trustees will seek additional legal counsel and the policy revisions will be revisited at a future date, according to the district. The board will meet again for its agenda review at 6 p.m. on May 13 and then again for its regular meeting on May 20, which is also at 6 p.m.

The proposed policy changes can be found at bit.ly/3UyHP74. To listen to the full public comment period at the April 22 meeting, visit www.dsisdtx.new.swagit.com/videos/303376.