Bethel School Board Fails to Deliver on Bathroom Safety Policy

Bethel School District's Safety Commitment Questioned Amid Bathroom Policy Inaction

Given the Bethel Local School District’s stated commitment to student safety, their reluctance to implement a bathroom safety policy raises serious questions among community members about their dedication to protecting the welfare of students.

I recently checked in with community members of Bethel Township to inquire about the progress on implementing a biologically sex-based bathroom policy. Unfortunately, despite the three new board members running on this issue, there has been no progress since their election nearly six months ago. This lack of action has left many community members feeling deceived and embarrassed after dedicating their time and resources to support the new board members' election.

During my inquiry, I received the following information from a Bethel Township community member. She writes: “As a constituent of the Bethel School District, I have done extensive research to demonstrate why the Bethel Board of Education (BOE) should implement a Student Safety Bathroom Policy. This issue was a key campaign promise made by the board members, yet it remains unaddressed despite their initial commitments.”

She went on to share that the Bethel Board of Education (BOE) recently rejected a settlement offer and issued a public statement by the board president at the last board meeting. She added that the community deserves much more than the statement given by the board president at that meeting.

See Board statement on Bathroom issue

In summary, the settlement offer from the law firm Ashbrook Byrne Kresge LLC, representing Bethel parents, argues that Title IX allows sex-segregated bathrooms. The offer cites the Eleventh Circuit's ruling and the Ohio Attorney General's opinion to support this claim, while disputing the relevance of the Sixth Circuit's decision in Dodds v. Department of Education, stating that it does not settle the issue.

Eleventh Circuit Ruling: Adams v. School Board of St. Johns County, Florida

See Attorney General Yost’s letter to his constituent & Ohio Attorney General on bathroom policies: Law does not protect ‘subjective preferences’ of trans people

The proposed settlement also states that the plaintiffs will dismiss their appeal and not seek additional attorneys' fees if the BOE adopts a written policy segregating intimate facilities by biological sex and pays the trial-level attorneys' fees of $218,421.00. Additionally, the Open Meetings Act case would be dismissed for $15,000.00 in attorney's fees and a statement from the board invalidating any improper actions by the previous board.

Although the proposed settlement sought to resolve the dispute, conserve school resources, respect the voters' will, and avoid the risk of an adverse decision and additional costs, the Bethel Board of Education members chose to decline the offer.

In her communication to me, the community member also noted that the Bethel Local School District has the authority to implement a bathroom policy, pointing to precedents set by other school districts. Additionally, she shared details about the recent bathroom policy adopted at Elida School District, including the rationale provided by their school board president.

See ELIDA BOARD OF EDUCATION BATHROOM & LOCKER ROOM SAFETY POLICY

The community member concluded her communication by noting an upcoming federal court date scheduled for early June. She expressed her intention to raise awareness about this issue within the Bethel community by late June or July. Finally, she expressed her disappointment and embarrassment over the board's failure to fulfill their campaign promise within nearly six months, despite the strong support they received from the community.

Rationale for Bathroom and Locker Room Safety Policies

The following points, provided by the president of the Elida School District School Board, outline the reasoning behind advocating for bathroom and locker room safety policies based on biological sex:

• Legal Precedents: Ohio currently lacks specific case law on bathroom policies concerning gender identity. The case of Dodds v. Department of Education initially involved Highland Local Schools in Ohio, where a preliminary injunction allowed a student to use facilities based on gender identity. However, this decision only applied to the individual involved and did not establish broad case law. The Sixth Circuit Court of Appeals upheld this injunction but did not set precedent as the case was settled out of court without a final ruling.

• Title IX: Title IX defines sex as male and female and remains unchanged since its enactment in 1972. Despite proposed changes by the Biden Administration, Ohio and 20 other states challenged these in court, resulting in a preliminary injunction against federal agencies imposing transgender rules in schools and businesses. Ohio Attorney General David Yost supports segregating public bathrooms based on biological sex to prevent potential harm to women and girls.

• Insurance Concerns: Many insurance policies include clauses that may void coverage if schools knowingly violate state or federal laws regarding bathroom use based on biological sex. With no current laws in Ohio allowing transgender individuals unrestricted access to facilities of their choice, these clauses serve as a legal safeguard.

• Legislative Support: House Bill 183, introduced by Ohio House Representative Adam Bird, seeks to standardize bathroom policies across Ohio schools to protect children from potential harm and maintain privacy. Representative Beth Lear supports this bill, emphasizing the importance of biological sex in defining restroom and locker room use to safeguard students' mental and physical well-being.

• Moral and Practical Considerations: The discussion on bathroom and locker room use based on biological sex is framed as a moral issue rooted in religious beliefs and common sense. Maintaining separate facilities for males and females aligns with societal norms and protects students' privacy and safety. Allegations of harassment and bullying in mixed-sex facilities highlight the need for maintaining clear guidelines to ensure a safe learning environment.

Within his rationale document, the Elida School Board President stated that  “our female students here at Elida Local Schools have publicly spoken out that the boys are walking into the girls restrooms and locker rooms ogling our girls, making lewd comments towards [them] and in more blatant terms they are bullying the girls. Our female students have experienced depression, anxiety, constant fear, and helplessness to protect themselves. Our job as a School Board Administration [...] is to protect our students and provide them with a safe environment in which they can learn and excel.” He concluded by stating “now is the time that we need for us as board members to stand up for our students. Let’s provide these students and parents with the protection and safety that they so desperately want, need, and deserve.” 

The Bethel community is tired of excuses and delays. Sadly, our school board members seem paralyzed by fear instead of supporting their constituents. Despite support from Representative Jena Powell and Attorney General Yost that they can indeed set a biologically based bathroom policy, fear seems to override intelligence, with decisions based on blind trust in lawyers rather than critical thinking. We hoped for strong conservative voices to stand up against the Ohio School Board Association's leftist influence, which intimidates schools with legal maneuvers. Allowing boys into girls' bathrooms compromises safety and privacy, contradicting their duty to protect children.

See letter from Representative Jena Powell

Instead of removing John Podurski, the progressive attorney who influenced the former board, the new board retained him. During my time as a school board member, he once dismissed concerns about boys in girls' bathrooms, revealing his biased agenda. He stated during an executive meeting that he was “going to take his attorney hat off” and then proceeded to explain to the board that he didn’t see what the big deal was in allowing males to use the girls bathrooms. I responded by telling him to put his attorney hat back on and that no one asked him for his personal opinion or ideology on the matter. The board must wake up to the fact that their attorney promotes a progressive ideology against the community's wishes. They were elected to lead, not to cower in fear. It's time to remember their promises, stop following blindly, and start leading with courage and integrity.

The next Bethel Local School District Board meeting is on Tuesday, June 18, at 7 PM. If you are a Bethel Township resident concerned about the Board’s inaction on this issue, please email the members and urge them to pass a biologically sex-based bathroom and locker room safety policy immediately. Additionally, if possible, attend the meeting and speak during the public discussion time.

Board Contacts:

• Jackie Leskowich, Board President: leskowichj@blsk12.org

• Regan Butler, Board Vice President: butlerr@blsk12.org

• Natalie Donahue, Member: donahuen@blsk12.org

• Andrew Vieth, Member: vietha@blsk12.org

• Rachael Kiplinger, Member: kiplingerr@blsk12.org