The Conway School Board proposed two close-minded policies regarding bathroom use and overnight room assignments at its meeting Tuesday, Sept. 13.
These policies, 4.20 and 4.56.2, target gender-based issues with a definition of assigned sex, completely invalidating the gender expressions, identities and dysphoria of transgender and nonbinary students in Conway’s public school system.
The board defined sex as, “the physical condition of being male or female based on genetics and physiology, as identified on the individual’s original birth certificate.”
Policy 4.20, states that, in order to “ensure privacy and safety,” each school in the district must require every multiple occupancy restroom or changing area to be used exclusively for the male or female sex. This means students must use the restroom that coincides with the sex on their birth certificate, regardless of whether or not they express themselves in that manner.
The policy then states that each school must provide a reasonable accommodation to any individual who does not wish to comply with the provisions of this policy. “A reasonable accommodation shall be access to a single occupancy restroom or changing room.”
Policy 4.56.2 is similar, forcing students to share rooms on overnight trips with other students who match their assigned sex. The “reasonable” accommodation for this policy means that students who do not wish to comply will have to purchase their own single occupancy room.
These “reasonable accommodations” are the exact opposite. They are a Band-Aid attempting to hold these imprudent policies together — an attempt to hide behind their discriminatory beliefs.
While a nongendered bathroom may appeal to nonbinary students, these policies will affect transgender students substantially. They are not nonbinary, so forcing them to either use a restroom that does not affirm their identity or to use a faculty, nongendered restroom erases their identity and ostracizes them from their peers.
The school board has taken a direct stance that forces these students into a box they don’t believe they fit in. The real reasonable accommodation would be to stop worrying about the details on someone’s birth certificate, and focus on fostering an environment of acceptance and learning.
From their gross misuse of assigned sex in relation to issues of gender expression, it appears the school board is ill-informed on the topic. It may have some learning and acceptance to do itself.
Linda Hargis, who was recently elected to the board in 2022, has been outspoken on the topic, claiming she is concerned that the conversation centers around transgender and nonbinary students, and does not include consideration for cisgendered students.
This comes as no surprise, as Hargis ran a partisan campaign for her seat on the board, alongside new members Jason Sandefer and David Naylor Jr., in which they proudly plastered their faces onto one campaign poster and called themselves, “strong conservative voices.” Not only is it unorthodox to run a partisan campaign for a school board election, but it also reveals an agenda.
There is no room for partisanship on a school board, because the job entails providing resources and support for all students, not just the ones with parents who support your conservative ideas. You cannot sweep these issues under the rug because you do not support them. These policies affect LGBTQ+ students more than anyone, and the results could be catastrophic to trans and nonbinary students.
According to the 2019 National School Climate Survey conducted by the Gay Lesbian and Straight Education Network, “sizable percentages of LGBTQ students avoided places at school because they felt unsafe or uncomfortable, most notably spaces that are traditionally segregated by sex in schools, such as bathrooms and locker rooms.”
The survey found that transgender students were more likely to avoid these spaces than others. This is due to the fact that it may force students to “disclose their transgender status before they are ready in order to advocate for their right to be grouped in a way that affirms their gender identity.” This could also create health problems if these students avoid using the restrooms at school.
By enforcing adherence to traditional gender norms, the school board is refusing to progress. It cannot act as if transgender and nonbinary students are not valid in their expression, solely because that expression does not align with their personal, and political, beliefs. The school board’s job is to ensure that every student feels safe and prepared to receive an education. These old-fashioned policies are not achieving that goal.



