Perkiomen Valley School District
At least one school director recommended waiting until after Jan. 20 to address the policies.
Three new policies related to sexual harassment affecting students and antidiscrimination based on sex have been voted through in Perkiomen Valley School District in a 5-3 vote Monday night.
Directors Jason Saylor, Don Fountain, and Rowan Keenan voted against the policies. Dr. Treena Sadler was absent.
The new regulations explicitly prohibit discrimination based on gender identity and sexual orientation in the school district, as well as expanding protections for pregnant and postpartum students and outlining new reporting procedures. These reporting procedures now require an investigation into verbal, written, and informal complaints.
The reasons for the new policies are related to new federal regulations for Title IX, effective Aug. 1, 2024. Title IX of the Education Amendments of 1972 states that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Policy 103 would address events occurring before Aug. 1, and Policy 103.2 would address actions that occurred after Aug. 1.
However, the policy cannot be applied to all schools in the nation, or in Perkiomen Valley School District, as 26 states have blocked the regulations and at least five district schools are exempt due to a federal injunction.
More than 100 schools in Pennsylvania are exempt due to a Kansas federal judge ruling that schools cannot implement the new regulations if its students and parents are members of the conservative groups Moms for Liberty, Young America’s Foundation and Female Athletes United.
In Perkiomen Valley, the schools on the injunction are Evergreen Elementary School, Perkiomen Valley High School, Perkiomen Valley Middle School-West, Perkiomen Valley Middle School-East, and South Elementary School.
At Monday’s meeting, Saylor recommended tabling any vote until after Donald Trump is sworn in as President.
"I will let everyone know there are pending law changes coming from the federal government and executive orders to go out on Jan. 20 at 12:01 p.m.," Saylor said. "It is my assertion is that the school district should not pass these policies, and we should wait until we see the executive orders.”
Board member Robert Liggett said a crystal ball is the only way to determine what any executive order on the matter would be in January.
“In the current period that we're in, existing laws and rules exist," said Liggett. "These policies are tuned to be in compliance with the rules as they exist.”
Board member Tammy Campli said the board could make changes down the line.
"I want to make sure our students are protected," Campli said. "I don't want to be taking away protections they have for a one-off maybe."
Keenan said the new policies were unconstitutional, and said Title IX should be rewritten “to take away women's rights."
"To put these in place knowing that they're a huge stretch of the imagination, it's irresponsible to know we're all going to have to change them next year," Keenan said.
At an October work session, Keenan said the new regulations are not an expansion of protection.
“A lot of us believe it is exactly the opposite, and it’s a diminution of protections for women’s rights,” he said.
Perkiomen Valley High School junior and student liaison Conrad Lees, asked for a boiled down version of each argument, showing interest in the subject matter.
"I commend you for giving valuable insight to our community, especially to us as we have those tough conversations," said Vice President Todd McKinney. "I encourage you to again use your voice because it's powerful and has meaning."
At an October work session, Saylor asked what would change when the lawsuit goes away. Executive Director of Human Resources Ryan Moran said when the lawsuit goes away there will be some additional changes and Policy 103.2 would not exist anymore.
“The goal of these changes is to lessen the impact they may have later on, depending on what happens with the regulations,” Moran said, adding that solicitor Fox Rothschild provided Policy 103.2.
“This is a new policy that Fox Rothschild is recommending we adopt,” Moran said in October. “Again, this is put in place for any actions regarding Title IX and sexual harassment after Aug. 1. and also in schools that are not part of the injunction.”
Moran said the schools that are not listed in the injunction would be added to the Perkiomen Valley School District website and not governed under 103.2.
“If a student or staff member is in a school not covered in the injunction, and then if the action occurs there …. It would fall under 103.2,” he said. “If the injunction is removed, then all schools would be governed under 103.2.”
Moran said protections of students and staff at schools under the injunction are being put on hold from adoption of the new parts of the new regulations, but still remain protected under Policy 103.
“Our current Policy 103 and 104 protects all classifications that are listed in Policy 103,” he said. “Currently, under 103 and 104, in order to be determined as sexual harassment, it had to be severe and pervasive. Under the new regulations, it is now severe or pervasive.”
In October, Keenan said it was hard to “carve out a space in the mind where the world is governed by the federal lawsuit.”
In October, Moran said that Policy 103.2 also addresses sexual harassment off premises and outside of the United States, which now falls under Title IX. This would affect, for example, an overseas class trip.
Furthermore, Policy 103.2 would move the district to a “single investigator” decision-making model, in which the individual who conducts the investigation is also the one who decides its outcome.
