Pennsbury Reviews Title IX Compliance Amid Legal Uncertainty

The Pennsbury School District administration building in Fallsington. File photo.

The Pennsbury School District is examining recent changes to federal Title IX regulations and their potential effects on student privacy, sports participation and parental rights.

The new regulations, which took effect August 1, expand the definition of sex to include sexual orientation and gender identity. The change could impact policies on issues like bathroom and locker room access, as well as participation in sports teams.

The U.S. Department of Education issued new Title IX regulations and they have been challenged in the courts by individuals and groups throughout the country.

A federal court in Kansas issued an injunction preventing the U.S. Department of Education from enforcing these regulations in certain schools across the country, including some in Pennsbury.

The conservative activist group Moms for Liberty has taken on the issue to oppose the changes.

Moms for Liberty has challenged the changes at Charles Boehm Middle School, William Penn Middle School, Oxford Valley Elementary School, Manor Elementary School, and Pennsbury High School.

According to Moms for Liberty, Harry S. Truman High School, Neshaminy High School, Carl Sandburg Middle School, and certain buildings in the Centennial, Central Bucks, Council Rock, Palisades, and Pennridge school districts are covered under the injunction.

During public comment, Jamie Tromba, a Bristol Township resident who is a member of the Bucks County Moms for Liberty chapter, spoke on behalf of the group to express concerns about the Title IX changes.

“The current administration rescinded over 50 years of progress and equality of opportunity by radically redefining biological sex as gender identity,” Tromba said. “It’s a step backward for women’s rights, jeopardizes student safety and privacy, and destroys fairness in women’s sports.”

Tromba urged the board to “use your critical thinking skills when reviewing the Title IX changes and before taking any actions.”

School Board President Dr. Joanna Steere told the Bucks County Herald that the district is reviewing the situation and called it a “rapidly evolving legal issue.”

At point in the September meeting, Superintendent Dr. Thomas Smith said Pennsbury was working to support all of its students.

The district has not yet announced any specific policy changes in response to the new regulations.

Pennsylvania Attorney General Michelle Henry said several weeks ago that her office was working to “new regulations under Title IX go into effect as intended.”

“All students deserve to learn in a safe environment free from harassment and discrimination,” Henry said. “While there will be a limited number of schools and students impacted, and that number could expand, this decision from a Kansas federal court does not affect Pennsylvania law. We are allied with partners, like the Pennsylvania Human Relations Commission, to ensure schools remain safe havens for student learning and achievement.”

The Pennsylvania Attorney General’s Office has been working with the California Office of Attorney General, the New Jersey Office of Attorney General, and other states on the effort.

Pennsylvania Human Relations Executive Director Chad Dion Lassiter, said in a statement: “The Pennsylvania Human Relations Commission is committed to its duty to protect all students from illegal discrimination. A student’s sexual orientation or gender identity should not prevent them from receiving a quality and equal education.”

Also at the meeting, the Pennsbury School District voted for a $27,000 contract extension for disproportionality work, which sparked debate at the recent school board meeting.

The district recommends approving a contract with Dr. Edward Fergus, of Rutger University, to continue efforts in addressing disproportionality and equity issues.

Board member Donna Ahrens raised concerns about transparency regarding Fergus’ hiring and suggested he presents to the public.

Smith said Fergus is expected to be in attendance for an upcoming committee meeting.

Resident Allyn Barth criticized the district’s approach and claimed that Fergus believes “white educators are racist,” citing a passage from his book. She asked for Fergus to take resident questions at a public forum.

At the meeting, Superintendent Dr. Thomas Smith defended the district’s equity work, praising Dr. Charissa Gibson, the director of equity, diversity, and education, for her professionalism during board meetings and her dedication to the job.

Fergus and his team were granted a $359,000 three year contract several years back to look at dispropoitionality issues after the district was fined $719,000 by the state for issues related to the breakdown of classes.

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