On September 23, 2024, the BCPS board went into closed session. Upon their return they voted to add to their policies the Biden-Harris amendments to Title IX. The full board was not present. The vote had not been an agenda item. The community was not informed, and there is an injunction against the amendments.

The addition of the amendments to Title IX would add the following to their policies:

• Teachers will be required to use the pronouns preferred by each student

• Boys will be allowed in girls bathrooms and locker rooms

• Boys will be allowed to compete on girls’ sports teams

• Transgender teachers will be allowed to teach the students

The community responded. The board members received phone calls, emails, visits, and publicly discussed their decision on social media.

Fast forward to the meeting on October 7, 2024. The board put the Title IX amendments on the agenda for more discussion and potentially another vote. The board room and an overflow room were packed with community members as the board president opened the floor for discussion on Title IX.

Board Trustee Thalia Tilma shared that “according to the ruling, the injunction does not stop Title IX. It stops the DEA [Department of Education] and DOJ [Department of Justice] from forcing schools to adopt it and stops the DEA and DOJ from imposing any consequences.”

Board Trustee Chuck Fedewa responded, “There is a legal liability attached if we don’t adopt it. We passed it not as an endorsement but as a mandatory fiduciary duty of this school board, to do the right thing.”

“And that’s where we have a different interpretation of the law and disagree,” Tilma said. “The lawyers said because there’s the injunction, you don’t have to feel pressured to vote for this or be concerned that you’ll be sued.”

Board Trustee Amber Swift commented that when she called the MASB (Michigan Association of School Boards) she was told that, “Even if you adopted it, when your school is on that injunction list, you’re covered.” She added that Byron Center High School is on the list and will follow the 2020 version of Title IX.

Swift said that the courts were supposed to be putting out the injunction lists monthly, but they hadn’t done so. As more injunction lists come out, more schools will be included. However, she couldn’t say for a fact if the rest of BCPS would go back to the 2020 version of Title IX.

“Our obligation/duty to all of you who put us here,” Swift said, “is to listen to you first, which is what we’ve always done in the past. That evening, none of us felt we were making a mistake based on the information we were given. We should have looked at the information, brought it to you, and listened to you if you chose to speak.”

Over 30 community members spoke during public comment. There were fathers asking how the board would be able to guarantee safety for their daughters, mothers who were visibly upset at the idea of continuing to send their daughters to the school, and many others who quoted Bible verses and questioned the values and beliefs of the board members.

Before the vote Tilma shared a final comment: “During this meeting I heard from Grandville’s school board that tonight Grandville decided to table any discussion on Title IX… A lot of our districts in the area are doing that. I know that Caledonia did not adopt it, as well TK (Thornapple Kellogg) didn’t. I just felt like the community needed to know that, needed to hear that, and I also feel that our board can think about this as well.”

With no more discussion, Swift made a motion to rescind the motion “that we adopted at the September 23rd meeting regarding Policy 2266, Title IX, Sexual Harassment.” Many in the crowd rose to their feet in applause.

And yet, with a roll call vote, the motion failed.

President Jason Pierson
Trustee Amber Swift
Trustee Talia Tilma

Vice President Nathan Jeruzal
Secretary Chuck Fedewa
Treasurer Brenda Hondorp
Trustee Brad Wiechertjes