Schools voting on transgender sports policies

McCOOK, Neb. -- McCook Public Schools will join six other district members of the Nebraska School Activities Association today in Holdrege, to vote on one of two policies concerning transgender student athletes.

The two bylaw proposals up for consideration by district members are to allow student participation in NSAA activities based on the gender of their original birth certificate, or to allow participation based on an amended birth certificate following sex re-assignment surgery.

The district five meeting, of which McCook is a part of, will be attended by Darin Nichols, MPS activity director. McCook Public Schools vote will be cast to reflect what is currently being done in the district, said MPS Superintendent Grant Norgaard at Monday night's regular school board meeting. Presently, MPS allows student participation in activities based on gender on an original birth certificate.

The NSAA oversees and organizes competition for Nebraska high school activities, such as sports, debate, journalism, music, play production and speech.

The proposal that gets the majority vote at three of those districts will be forwarded to the NSAA representative assembly in April, said Dr. Jim Tenopir, NSAA executive director. These means with six districts, it's possible that both, one or none of the proposals could end up at the assembly, he said. Representatives at the assembly come from each of the six districts, with the number of representatives based on student population.

In a separate but related issue, the NSAA executive board will vote Thursday on a policy concerning transgender student athletes. This policy includes a variety of options, Tenopir said, including students who identify themselves as a member of the opposite sex be allowed to participate in a NSAA activity based on a birth certificate that has been amended, as well as criteria for a medical committee to consider before said student participates.

The criteria for this committee is based on several factors, Tenopir said, to make it fair for all students involved, such as competitive equality, safety and personal privacy of all students. It would include a minimum of one year of testosterone suppression for a male student identifying as a female student and a medical determination done by the committee to determine if the student has physical advantages over a biological female student.

The American for Civil Liberties Union of Nebraska (ACLU) has found the policy too restrictive and on Monday sent the NSAA an email that expresses its displeasure.

"The policy proposed by the NSAA has numerous barriers to participation for transgender Nebraskans -- not the least of which is the cumbersome and costly birth certificate process,' the letter said. " In addition to being legally suspect, the currently drafted policy is disrespectful to students who simply want the opportunity to participate in sports. Should the policy pass, the ACLU encourages any transgender student who is denied the opportunity to play sports to contact our office."

Tenopir said the NSAA created the transgender policy because "This is a nation-wide issue that we're having to deal with and a very real concern." Citing the phone calls and emails he's received from both sides of the issue, Tenopir said the bottom line is to find a legitimate way for all students to participate and not to discriminate against any student, including those with special needs.

"We're at the point where the philosophy of the board is to reflect our responsibility to consider every kid who wants to participate," he said.

"It's not a perfect policy...but it's addressing an issue that needs to be addressed without going overboard."