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Preventing LGBTQ+ students from accessing programs and facilities in schools is illegal. It violates the federal Title IX law, the Pennsylvania Human Relations Act, and other civil rights laws. But we continue to see anti-LGBTQ+ extremists on Pennsylvania school boards push through harmful policies that exclude students from sports teams, stigmatize them based on their bathroom use, and deny students’ requests to use affirming and correct names and pronouns.
In October, South Western School District in York County cut windows into the bathroom identified for transgender student use, invading students’ privacy, an extreme addition to the stigmatizing differentiations of bathroom assignments under their board policy.
Meanwhile, in both Penn Manor School District in Lancaster County and Southern York County School District, the school boards took up new policies developed by the Independence Law Center, a religious extremist group; the policies require a parental request for any change to students’ names and pronouns and require sports participation to be based on students’ gender assigned at birth.
ELC advised concerned families opposing the policies and sent letters to the boards of Southern York County and Penn Manor demanding that they uphold their nondiscrimination obligations and reject these policies. While parents supported our stance and our letter received media coverage, both districts voted to adopt these harmful policies.
We continue to work with our PAWInS (Pennsylvanians for Welcoming and Inclusive Schools) coalition partners to turn the tide in school districts that are adopting hateful policies. It is well documented that hostile school environments directly harm the mental health and academic performance of LBGTQ+ students. Students and families are encouraged to contact ELC for advice about their rights and legal options.
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