Following a flurry of action at the federal level, the Vermont School Boards Association rescinded this week that outlines protections for trans and gender-nonconforming students. And then, just as suddenly, it reversed course.
“We've definitely received feedback that this decision was hurtful, and we are publicly apologizing and acknowledging that fact,â€� Sue Ceglowski, the executive director of the VSBA, told ¿ªÔÆÌåÓý on Friday afternoon.
Since returning to power, anti-trans measures have featured prominently in President Donald Trump’s cascade of executive actions. He has issued executive orders declaring that there are two immutable sexes, banning transgender people from serving openly in the military, and restricting gender-affirming care for people under 19. And last week, he issued, this time threatening federal funding for schools that allow transgender girls to compete on girls� teams.
Ceglowski said VSBA staff were responding to Trump’s threat to withhold federal funds, and a that excluded gender identity from federal anti-discrimination law, when it decided to take down its policy for review.
“We wanted to be able to take a look at the landscape, try to understand, with all the chaos that is happening, what is the best way forward,� she said. But the move had been “too abrupt,� Ceglowski said. The group was reposting the document, she added, and would consider any changes in concert with advocates and other Vermont education officials.
“This experience has really taught us that we all need to work together,� she said.
The policy in question outlines a range of best practices and protections for transgender students. It says, for example, that they should be allowed to use bathrooms and locker rooms that align with their gender identity, and they do not need to obtain court-ordered name changes to be addressed by the name and pronouns of their choosing.
We wanted to be able to take a look at the landscape, try to understand, with all the chaos that is happening, what is the best way forward.Sue Ceglowski, Vermont School Boards Association
The VSBA’s initial decision drew swift rebukes from civil rights and LGBTQ groups in the state, who noted that state-level anti-discrimination protections remain in effect � and that the president’s moves are being contested in the courts.
On Friday, the Vermont Human Rights Commission issued a statement reminding school officials that it “is a violation of Vermont’s human rights laws to deny transgender students� gender identity or to deny them equal opportunities to participate in all aspects of school life on the basis of their gender identity.�
In an interview before the VSBA’s reversal on Friday afternoon, Big Hartman, the commission’s executive director, said that the group’s decision to remove its policy “muddies the issues� for local officials navigating a confusing environment.
“It sends a signal that schools should suddenly preemptively comply with these federal directives that are illegal,� they said.
The VSBA’s move also appeared out of step with how other state-level actors have responded thus far to the new presidential administration.
The Vermont Principals Association governs high school sports, and its policy allows trans athletes to play on the team that aligns with their gender identity is still in effect, according to VPA executive director Jay Nichols.
“Our position is going to continue to be, ‘Our law calls for protection for LGBTQ kids, including in sports,’� he said. Until state law changes, or he gets a different directive from Vermont’s Attorney General, Nichols said “we’re just going to keep doing what we’ve been doing.�
In a letter to superintendents on Jan. 31, Vermont Education Secretary Zoie Saunders recirculated the agency’s nearly on best practices for trans and nonbinary students. And she wrote “protections for LGBTQIA+ students are enshrined in Vermont law and have not been diminished in any way by this federal action.�
“Our commitment to fostering a safe and inclusive environment for all students remains unwavering,� she added.
Dana Kaplan, the executive director of Outright Vermont, said he commended VSBA’s leaders for being “willing to listen and accept responsibility for the impact of their actions.� But he also argued it was important “to remember in this moment just what's at stake.�
“The stakes are too high to be moving quickly. The stakes are too high to be overreacting preemptively,� Kaplan said. “We're not going to win like that.�
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