19-04-2025
Lynden School Board formalizes actions opposing transgender athlete policy
Lynden School District Board members passed a resolution at the board's Thursday meeting reaffirming the district's concerns about transgender students participating in women's divisions of school sports and indicating an intent to pursue legal action against the state agency that oversees public K–12 education.
The resolution passed on a 4-0 vote, with Board President Jim Verburg absent.
The resolution is the latest action by the school board to make changes to the Washington Interscholastic Activities Association's (WIAA) current gender participation policy after a Lynden female student athlete competed alongside a transgender student who won the 400m girls final at Washington's 2A State Track & Field Championship in May of 2024.
The current policy states that 'all students have the opportunity to participate in WIAA athletics and/or activities in a manner that is consistent with their gender identity.'
'Lynden believes WIAA's current gender participation policy is unworkable and wants to be part of finding a path that is workable,' said Lynden School District Superintendent David VanderYacht in a statement to The Bellingham Herald.
Following the state championship, the Lynden School District Board of Directors — along with 13 other districts and boards across Washington, including Blaine School District and Lynden Christian School — submitted proposed amendments to that policy that, if implemented, would effectively disallow transgender girls from participating in girls sports.
Instead, the proposed policy creates two categories of competition: Boys/Open and Girls.
Proposed Amendments to WIAA gender sports participation policy by Rachel Showalter on Scribd
'All student-athletes regardless of sex, gender identity, or gender expression who meet eligibility criteria are allowed to participate in the 'Boys/Open Category.' However, to maintain fair and equitable competition, participation in the 'Girls Category' is limited to students whose biological sex is female,' the proposed policy amendment states.
The proposal states the amendment changes would address 'concerns about potential physical advantages in certain sports' and 'safety concerns that could arise from physical differences in some sports.'
Franklin Co. joins growing opposition to transgender athletes in WA sports
'The spirit of the work has been to navigate this complicated and sensitive issue in a manner that honors and respects the dignity of all children,' Superintendent VanderYacht told The Herald. 'We want all students to have opportunity for participation in athletics, but we also think there is an unfair competitive advantage in girls' sports for transgender females who have gone through male puberty.'
As of February, WIAA was aware of five transgender student athletes competing in the state, according to reporting by The Seattle Times.
In a letter sent to WIAA in March, Washington State Superintendent Chris Reykdal expressed concern that the proposed amendments would violate Washington state law.
'WIAA must also follow state law, and OSPI is concerned that Proposed Amendments #7 and #8, to be voted on this April, would violate Washington state laws including Chapters 28A.640 and 28A.42 RCW and Chapter 392-190 WAC. We have confidence that WIAA would not implement these amendments if they were to pass in their current form,' Reykdal wrote in the letter.
OSPI Letter to WIAA 03.19.25 by Rachel Showalter on Scribd
'Since 2006, Washington state law has prohibited discrimination on the basis of gender identity, and since 2007, WIAA's regulations have allowed students to participate in school-based athletics in alignment with their gender identity. Washington state's nondiscrimination law fits squarely within federal nondiscrimination law, and these protections for transgender and gender expansive youth have been implemented without controversy for nearly two decades. The State Superintendent and OSPI are charged with upholding and enforcing state and federal laws in Washington's schools, and we will continue to do so,' OSPI Chief Communications Officer Katy Payne told The Herald.
The WIAA Representative Assembly was expected to finish voting on the proposed amendments by April 18, although the organization announced the amendment votes related to gender participation would be 'advisory' only and would not be implemented under current state law.
The Herald was awaiting a response on the status of the vote as this article was published.
Thursday's resolution, passed by the Lynden School District Board, states that its members are concerned OSPI 'has not upheld Washington's constitutional obligation to prioritize education' and that OSPI's guidelines have 'undermined the authority of local school boards.'
The resolution further states that OSPI's actions have 'caused harm to students' and limited parents' rights. The resolution also suggests board members are concerned that compliance with state law may violate federal law, putting the district at risk of losing federal funding.
'School districts are put in a very difficult position when there is strong community advocacy combined with uncertainty of legal interpretations,' Superintendent VanderYacht said.
VanderYacht told The Herald that while all humans benefit from community and involvement in activities aligned with the peer groups they most closely connect with, 'it is clear to our girl athletes that competing against other athletes who have gone through male puberty is unfair.'
Lynden Resolution #06-25 by Rachel Showalter on Scribd
The resolution states that the board plans to take several actions, including:
▪ File a formal Title IX complaint to the Office for Civil Rights at the U.S. Department of Education requesting a directed investigation and enforcement action concerning the application of Title IX, 'with the goal of ensuring equitable treatment and protection for all students.'
▪ File a formal complaint to the U.S. Attorney General's Office outlining concerns regarding the Washington Office of Superintendent of Public Instruction's (OSPI) policy on gender inclusivity, 'and its potential conflicts with federal Title IX requirements.'
▪ Initiate legal action against OSPI to seek a ruling on whether OSPI's actions, mandates and enforcements related to its gender inclusivity policy 'exceed its statutory authority and/or infringe on the Board's right to operate the District.' The resolution authorizes the district's superintendent to include other interested school districts in that legal action.
