School officials estimated that there were 250 seats set up for the meeting but several people still had to stand in the back. InkFreeNews photos by Maggie Kenworthy.

NORTH MANCHESTER — Upward of 250 people turned out for a special meeting Wednesday night, Dec. 18, that was hosted by Manchester Community Schools to discuss the school’s transgender policy when it comes to restrooms and locker rooms.

The meeting came a week after parents began expressing concerns that the school district was accommodating a young boy who identifies as a girl and apparently wants to use the girl’s restroom.

While many parents brought questions and concerns, the district provided speakers specializing in related issues for the meeting.

The school district’s transgender policy says students must be allowed to use the restroom and locker room that corresponds with their gender identity. In addition, the school accommodates any student who is uncomfortable with such practices by providing an alternate facility to use.

School officials estimated that around 250 chairs were set up for the meeting and there were several people standing in the back of the room when those quickly filled up.

The meeting was separated into three main sessions. The first session provided educational material from attorneys and representatives from Bowen Center. After that, the board took public comments from the crowd. Finally, the meeting was broken up into workshops where people were encouraged to share their thoughts with board members.

To start off the meeting, the school board’s legal counsel and school attorney Mark Frantz spoke about Title IX and case law interpreting Title IX.

Title IX 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.”

As such, the school must abide by Title IX or risk loss of financial assistance and potential lawsuits.

The first matter of case law discussed was in regards to a 2017 7th Circuit case, Whitaker v. Kenosha Unified School District. Frantz explained that in this case, a transgender student was prohibited by his school to use the restroom that corresponded to his gender identity. He filed a suit as unlawful sex discrimination under Title IX. The court found and upheld that under Title IX, public schools are to permit transgender students to use restrooms corresponding to their gender identities.

Frantz also discussed the case of Doe ex rel. v. Boyertown Area School District made in the 3rd Circuit Court also in 2017. He explained that this case came at the issue from a different angle, the right to privacy of non-transgender students. Students claimed that allowing transgender students to use the restroom corresponding with their gender identity violated their constitutional rights of bodily privacy. In this case, the court ruled in favor of the school’s policy.

Then, Lisa Tanselle, general counsel for the Indiana School Boards Association took to the podium. She said that this is an issue that many schools across the state and even the country are currently facing.

“In essence, those decisions very succinctly say we can not force a transgender student to use a restroom or a locker room that’s consistent with their biological sex,” said Tanselle. “I think what a lot of schools are looking at is, perhaps, allowing for or arranging for privacy within that restroom for any student who wishes to use a more private facility … This is a statewide issue that really is causing all of us to look at restrooms and locker rooms differently and how we design them, how we monitor them, how we in the future construct restroom and locker room facilities for students.”

Far left is Bowen Center’s licensed psychologist Tammy Truijens, accompanied by colleagues.

The public then heard a gender diversity presentation led by Bowen Center’s licensed psychologist Tammy Truijens. She began by prefacing the presentation with the statement that gender is a complicated subject and can be confusing to many people. She defined common gender vocabulary.

“I want to talk about, for a second, what is assigned sex,” said Truijens. “This is often given to us by a doctor and it is not necessarily accurate.”

At that point, several people in the crowd began to stand up and object to what Truijens had said. Throughout the room, people were heard shouting comments such as, “You should be ashamed of yourself,” and “God doesn’t make mistakes.”

While several people left the room voluntarily, at least one person who was screaming was escorted outside the room by a police officer. While many of the vacated seats remained empty for the next hour, the majority of people remained seated and quiet.

After the crowd settled down, Truijens was asked to finish her presentation.

“It’s our job as parents and community members to ensure that all children feel valued and loved,” said Truijens.

At that point, the crowd was told that each person would have up to 90 seconds to speak and that the board would not be addressing any questions.

In all, 17 people approached the microphones to voice their opinions.

Andy Eberly said he was most concerned with the safety of the children. “No biological male should ever be in the same bathroom as my daughters — period.”

Shad Roth looked at the issue from a possible solutions standpoint. “It appears Title IX leaves little options for schools.” He suggested that the community needs to gather money and funding to create separate facilities for every student.

Kasie Eberly asked what the solution would be in the meantime before separate facilities could be constructed.

Jewel Flitcraft pointed out similarities in discrimination when it comes to transgender restrooms and the historically segregated restrooms for black and whites. When her comments angered some in the crowd, she replied, “Read a book, folks — other than the Bible.”

One of the last people to speak was Samantha Alley who read a portion of the North Manchester Non-Discrimination Policy that was signed by the Town Manager on Sept. 7, 2016.

In part, it reads, “Regardless of receiving federal funds, the town of North Manchester prohibits discrimination and/or the exclusion of individuals from employment or participation opportunities, its municipal facilities, programs, activities and services, not only based on the individual person’s race, color, national origin, disability, sex, age, low-income status or limited-English proficiency … Further, irrespective of whether sexual orientation or transgender status are legally protected statuses, the town does not tolerate discrimination on the basis of sexual orientation or transgender status.”

Afterward, those in attendance were separated into seven groups and invited to voice the questions and concerns to board members assigned to each group. A list of frequently asked questions will be compiled and published.

Superintendent Dr. Teresa Gremaux said after the meeting that no official next step was decided on yet. It’s unclear when the issue will be addressed next.