Lynden School District No. 504

Resolution  #06-25

Local Governance and Legal Clarity In Public Education

WHEREAS, the Lynden School District Board of Directors’ highest duty is to provide a quality public education to all students and to foster trust and transparency with the families we serve; and

WHEREAS, the Board affirms the inherent worth of every child and their right to learn in an environment that prioritizes academic excellence and student well-being; and

WHEREAS, the Board is increasingly concerned that the Office of the Superintendent of Public Instruction, in implementing certain mandates, policies, and guidelines, has not upheld the State of Washington’s constitutional obligation to prioritize education; and

WHEREAS, these actions by OSPI have contributed to a significant decline in public school enrollment across the state; and

WHEREAS, these actions by OSPI have undermined the authority of local school boards to provide for the effective, efficient, and safe management of its community’s schools; and

WHEREAS, these actions by OSPI have caused harm to students, families, staff, and community stakeholders; and

WHEREAS, these actions by OSPI, in particular its overreaching mandates and enforcement of “model” Policy and Procedure 3211, likely violate the Washington State Administrative Procedure Act (APA), Ch. 34.05 RCW; and

WHEREAS, these actions by OSPI, in particular curbs on a parents’ right to notice and involvement in their students’ education, places the District in a position where compliance with State law may violate the Federal Educational Rights and Privacy Act; and

WHEREAS, these actions by OSPI, in particular its position on athletics participation, places the District in a position where compliance with State law may violate Title IX; and

WHEREAS, these actions by OSPI place the District in a position where compliance with State law may cause the District to lose federal funding; and

WHEREAS, in June 2024, the Board adopted a resolution directing the Superintendent to pursue a policy amendment through the Washington Interscholastic Activities Association (WIAA) that promotes fairness and clarity in sex-segregated athletics; and

 

 

WHEREAS, the District authored and submitted Amendment #7, which proposes the creation of a non-gendered “Boys/Open” category available to all student-athletes while limiting participation in “Girls” categories to those whose biological sex is female; and

 

WHEREAS, despite this good-faith effort to work within WIAA’s established process, OSPI has publicly declared, without a court ruling, that the proposed amendment violates state law, and has stated that any vote on the matter should be considered advisory only, which has effectively blocked meaningful consideration of the amendment; and

WHEREAS, the Board will continue to pursue all available legal avenues to challenge actions that may compromise the provision of education to all students, the availability of funding, or compliance with all legal obligations;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE LYNDEN SCHOOL DISTRICT:

  1. The Board intends to submit a formal Title IX complaint to the Office for Civil Rights, 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.
  2. The Board intends to submit a formal complaint to the Attorney General of the United States, outlining concerns regarding OSPl’s Policy 3211/3211P and its potential conflicts with federal Title IX requirements.
  3. The Board intends to initiate legal action against OSPI to seek a ruling on whether OSPl’s actions, including its mandates and enforcement of “model” Policy and Procedure 3211, exceed its statutory authority and/or infringe on the Board’s right to operate the The Board authorizes Superintendent VanderYacht to work with legal counsel to prepare all necessary legal filings, briefings and other documents in support ofthe intended legal action. The Board further authorizes Superintendent VanderYacht to include other interested school districts in that legal action, and to arrange for the sharing of costs and fees associated with the action.
  4. The Board acknowledges the district’s leadership in proposing Amendment #7 to the WIAA Handbook and affirms its continued commitment to engaging constructively with WIAA on policies that impact student-athletes. The Superintendent is directed to remain an active participant in future amendment processes while also pursuing additional avenues to address unresolved concerns regarding fairness and compliance in interscholastic athletics.
  5. The Board affirms its role as a locally elected public body committed to restoring trust with families, upholding constitutional principles in education, and maintaining a nonpartisan approach to governance amid an increasingly polarized policy landscape.

 

 

 

Dated this 17th day of April 2025.

 

 

 

 

BOARD OF DIRECTORS

?m<VLerburg, President

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTESTED TO:

David Vande ac , uperintendent Secretary to Bo rd of Directors