At the August 26, 2024 McKinney ISD School Board meeting, Trustee Chad Green proposed a motion to “Support our young ladies and not allow boys, that’s young men that have DNA that is boy DNA, not be allowed in the locker rooms or on a sports team competing against young ladies.” The motion did not receive a second because UIL guidelines and state law already protect McKinney ISD female students. To take further action would have violated the law. Passing a frivolous and meaningless motion was unnecessary because protections are already in place in our district.
We value and respect our community's input, and we understand that these comments may have caused some concern among our parents and guardians. We would like to take this opportunity to address the issue raised and clarify our position and the legal framework surrounding this issue.
Important information to know regarding this situation-
The Concern Raised regarding Gender is False. McKinney ISD does not allow students to enter locker rooms or restrooms that do not align with a student’s biological sex at or near the time of birth. The concern raised is not an issue within McKinney ISD.
Sports Teams are not Mixed-Gender. The University Interscholastic League dictates the definition of female students for sports and competitive activities. Specifically, state law mandates that a student’s gender is determined by the birth certificate created at or near the time of a student’s birth (Texas Education Code 33.0834).
Voting on the Improper Motion Would be Illegal. Per the Open Meetings Act (OMA), if an unposted issue arises during a meeting, a board may not deliberate or make any decision about a subject that was not properly posted on the agenda. The OMA requires strict and literal compliance. In response to an unposted issue raised at an open meeting, a school board may: (1) Make a statement of specific factual information given in response to the inquiry; (2) Recite existing board policy in response to the inquiry; or (3) Propose or decide that the subject be placed on a subsequent meeting agenda. Tex. Gov’t Code § 551.042. The motion was improperly proposed, and further action would have violated state law.
2020 Regulations are Applicable. During our annual Title IX training in August 2024, McKinney ISD staff were trained on the 2020 regulations. The 2024 regulations have never been implemented in McKinney ISD, and there is no intent at this time to implement the regulations that are not in effect. Again, as acknowledged during public comment, the current federal administration's proposed regulations are not being implemented in Texas. No further action is warranted to address the implementation of the regulations. The Texas Attorney General has appropriately taken action on behalf of the State of Texas to remedy the concerns raised by the 2024 regulations.
McKinney ISD Board of Trustees and Administration fully supports the protection of ALL students in McKinney ISD. We continue to focus on student achievement, District safety, and supporting staff within the District. We appreciate the community’s partnership in focusing on the meaningful issues before the District.