Naperville School District 203’s board of education recently took a deep dive into board policy updates linking back to the latest federal Title IX regulations. The Title IX changes implemented early this year, as President Donald Trump returned to office, and the Illinois Human Rights Act have been a focal point of the discussions.
The Title IX-related policies are a part of a much broader package of amendments on various school-related issues that the Illinois Association of School Boards’ Policy Reference Education Subscription Service (PRESS) is presenting to school districts across the state.
Seeking clarification on federal, state laws
Last month, the board had the first in a series of discussions around the Title IX changes and other PRESS policy updates. The board continued those discussions at its Monday, Sept. 8 meeting, and action on the proposed changes could take place at the next scheduled meeting on Monday, Sept. 22.
Three specific board policies — 2:260, 2:265, and 5:10 — do reference the latest sets of federal Title IX changes, which “include removing references to gender identity.”
Board member Marc Willensky was one of several elected officials who asked Naperville 203 administrators to clarify what is being changed in the latest PRESS policy updates and what it means for Naperville 203 in the road ahead.
“I just want to make sure we’re being clear, as a board and, as well, with the community,” Willensky said.
Willensky’s comment at the recent board meeting mirrors a number of questions board members submitted to Naperville 203 administrators in writing. A compilation of the PRESS-related questions, with administrators’ responses, has been uploaded to BoardDocs, the portal the district uses to share meeting materials with the public.
‘Operationally, not much has changed for us’
While Naperville 203 is acknowledging the most recent Title IX changes in the draft PRESS policy updates, Mark Cohen, deputy superintendent for high schools, said the Illinois Human Rights Act remains in place as well.
The Illinois Department of Human Rights states, “All students in Illinois have the right to attend school in an environment free from discrimination and harassment on the basis of their gender identity.”
“Operationally, not much changed for us,” Cohen said, pointing out Naperville 203 adopted amended PRESS policies in 2020 when Trump made the initial change and did so last year when gender identity was included in former President Joe Biden’s final full year in office.
Speaking to this year’s Title IX changes, Cohen added, “It did not change much of what we do at all. In fact, this was anticipated.”
The interplay between the current set of Title IX regulations, alongside the Illinois Human Rights Act, also was discussed at the recent Naperville 203 meeting.
“The changes to Title IX, I think, are in contradiction with a number of different definitions in a number of different states, including Illinois,” Cohen said. “How that works out is beyond the scope of our decision-making, here in this room, but we’re doing the best that we can.”
Speaking to Naperville 203’s role in upholding state laws, Cohen said, “We rely on the state of Illinois to give us their statutes, their guidance and, of course, case law. If case law should somehow impact our operations, then the PRESS policy would take that into account, and that would be updated.”
Cohen also indicated the latest PRESS policy updates were thoroughly reviewed before their presentation to the Naperville 203 board for consideration.
“By and large, more the rule than the exception, it would be our recommendation to accept the PRESS policies as presented, because they are vetted by a team of school attorneys, not only from the IASB (Illinois Association of School Boards), but most of the major law firms that represent school districts across the state,” Cohen said.
Title IX discussed this spring in Naperville 203
Title IX was referenced frequently late this past school year as a debate over transgender athletes participating on a team separate from their biological gender took place over the course of multiple Naperville 203 board of education meetings.
In mid-May, a Jefferson Junior High School student’s win at a Naper Prairie Conference track meet resulted in wide-ranging remarks during public comment about gender identity-related issues.
At the recent Sept. 8 meeting, resident Jason Copeland used the public comment portion of the meeting to weigh in on the actions the Naperville 203 board is considering for the PRESS policy updates.
“Let’s be clear: Title IX is federal law, and it’s supreme over conflicting state or local guidance,” Copeland said. “Non-compliance isn’t theoretical, and it carries real consequences.”
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