Called Meeting

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e e 2024 to uh order um in attendance um board member uh Gary Leonard David ham and calling in and we appreciate you all calling in is uh Miss Dell Turner our vice chair and Miss Jane Allen Wilson uh do I have and thank you ladies for being here we appreciate it uh oh that might help too I forgot uh do I have a motion to go into well let me change that I'll make the motion to go in um or to approve the agenda I'm sorry thank you thank you so moved or a second second got a motion in a second to adopt the agenda all in favor with an i i i i thank you and I'll start polling y'all too so I'll catch up all right we're mve to action items um the special PLS update recommended policy revisions

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e e and then the last piece that is kind of an implication for us we have many e students in our it requires that we have to make sure that our title n coordination is also happening in tandem with the um IEP team to make sure that we're following both the title requirements and also the Ida requirements as you know there has also been ongoing litigation surrounding these rules a district court judge in Kansas ISU issued a ruling granting a preliminary injunction prohibiting the enforcement by the US Department of Education not includ also a specific School in Oklahoma and three schools attended any schools that are attended by members of Young americ Foundation or the female athletes United as well as the schools attended by children of members Li relevant to school systems in North Carolina this means that schools that are not on this list must follow new n

requirements stes in this injunction does not prevent voluntary adoption of local policies to comply with the new title 9 rules it merely prevents the Department of Education from enforcing those rules against certain schools at least one chadam County school has been identified on this list um and we do know that the um court has given an extension to that so we could anticipate that could other schol I believe they had until July 26 I think that's what it said in here if I remember the date right yeah are can I just clarify Dr Mor there are 13 schools on the new list in chadam County so uh I'll just read them it's Bon uh Bennett bonley chadam Central chadam Early College chadam Grove George M Horton Margaret Bard North chadam Elementary Northwood Perry Harrison Elementary c4th High which was the one that was on the original list silk uh Siler City Elementary Silk Hope Middle those are the 13 and we have 20 scho 20 schools is that right 19 yeah so we have 13 on the list and six or seven that are not the last piece of the sum we have weed procedures just a paragraph there that just outes given the

added everything else as as any imp little too early to but we anticipate addal training STA and again as Dr Moran said we're uh we risk losing um federal funds if this is not approved by August the 1 I know yeah I I think that's probably unlikely I think that the the law says we should adopt it by August 1st um if we are found to be in violation of Title 9 and we don't remedy it that's when the Department of Education could say that we're okay so I guess my question is what these schools some own some not own what's going to be the difference for the administrators because that's going to be the question I guess Adam so I think that I think is that part of the last parag know the so all right the Department of Education which over seon enforces Title 9 they've put out new regulations and that happens that happens when Administration change when leadership changes it takes a while and so that's that happened and the school boards Association as it always does recommends policy changes not non-controversial I mean they're you know straight down the middle they don't take any real positions they just say School boards here's what we think you need to do in order to comply with the law so

the the the policies are uh in a sense routine regulations changes Schoolboard Association does its job and says here are the here are the policy changes the the thing that complicates it is is this litigation uh which which does kind of cut our district in half in a sense or close to half where we have 13 schools that are on this list and and six or seven that are not and I do want to say that there's no real process or certification for a school to go on the list it's really just the lawyers for the plaintiffs saying that the school should be on the list so there there's no checking and and I'm that's just an observation uh it's not hard to put a school on a list is the point and so for schools that are not on the list for those six or seven they are covered by the new regulations period there's no doubt that there for the schools that are on the list and this is where it it's complicated and it gets sort of very lawyerly it's not that they can't use the new regulations it's that the Department of Education can't enforce the new regulations so if someone if there were to be a complaint and we were to follow the the new regulations at se4th for example and someone were to uh take issue with that or complain that that we're not following our own processes or there's an issue with it the Department of Education couldn't penalize us because this injunction is in place preventing them from enforcing these new regulations and that's why there's this language that there's nothing that prevents us from adopting them now if

the litigation eventually gets to a point where a court says these regulations are illegal or unconstitutional that's different then we're not going to We Can't enforce those regulations the point about the language is just to indicate that things are changing on a on a daily basis with the course of this litigation and so what we are saying essentially we are saying we are going to follow law appropriately given the situation and and I think my practical guidance and I know your staff knows this is that if we get a title 9 complaint in in the near future before this is all resolved we need to work together on that and I mean we always do but it's a particularly important time to get counsel just given this uncertain landscape so we will help analyze and apply the right set of regulations in a perfect world things will be resolved sooner rather than later and we'll have one set but that's kind of what we're trying to accomplish with this system thank you question um one thing I I'm I'm a little confused about okay so why what list is c4th on so I'm thinking that if if these um title title n laws apply to all of our schools until some other until a judge decides that the the lawsuit litigation involving the injunction has some Merit then why why wouldn't all of our schools be covered so the the list the remember the injunction applies to

uh certain number of schools in in schools in four states not including North Carolina specific School in Oklahoma and then schools attended by members of these three groups Young America I understand that and I'm I'm not sure I'm I'm hoping that the law won't go along with um accommodating special interest groups like that but it is what it is right now but I'm just wondering why are we even worried about putting one of our schools on the list this these changes from the Department of Education should cover everybody until something else changes legally that that's happened a judge has said that school districts are enjoined or stopped now let me let me walk that back that department of education is enjoined from enforcing the rules at these schools including 13 of ours so that that injunction has legal effect but again the impact is not that we can't adopt the rules it's that the Department of Education can't enforce them we are we are adopting one set of we are adopting a policy or policies that comply with the new regulations and we are just acknowledging that in light of litigation we are going to a careful caseby casee analysis to make sure that the the correct regulations are being followed ham oh Dr Jackson you had something go ahead Mr ham um something to maybe help clarify to the public and everybody and maybe clarify me too to make sure I know what I'm saying um when all this started there there there is a

timeline and um Department of Education whoever got this out it finally got to the school board Association they perused it and worked tirelessly trying to figure out what it's all about and how to look at our policies and and change it and then y'all looked at it and dealt with it and um it was just very recently that I guess Dr Morant Dr Jackson they actually got these things in hand and very recently to the point that in our meeting last week we had to talk about we need to have a special call meeting quickly because this got to be in place before August 1st and so that's why just to clarify to the public that it U I think from a chadam county standpoint I think we have done our due diligence and processing the bigger picture it it took Washington it took the school boards Association not pointing blame I'm just saying it just it just the wheels had to turn and it ended up that uh the perception might be and I can't say whether 114 other school systems are doing this in the next couple of days or not that's their business but we wanted to make sure that we were compliant with the new regulations and the new policies and that's why this meeting was called um not hastily it was just we had to do it before August 1st so I just kind of want to clarify that um another point of clarification which the the Title Nine covers many

things um but the one thing that that has come up in the in the news and made such headlines is the the fact um of athletes and in North Carolina and correct me if I'm wrong if I'm making the wrong statement in North Carolina I'll say our legislature or state department I'm not sure which one but somebody above us has said and made it law I guess that in order to participate in a sport you have to participate in the sport that is designated on your birth certificate of what sex you are so that that in itself uh clarifies any of that issues about Title 9 because in North Carolina uh it it it's not what you say you are it's what your birth stick says you are am I correct in saying that yeah generally that's right there is a recent state law that deals with I think it's called the fairness and women's Athletics act uh and that does address Athletics and and gender and what I would say is that the new title 9 regulations do not address that topic directly I have heard that there may be a an additional regulation that does and if that happens then we'll deal with it as as a general rule federal law would preempt state law if there is a direct conflict uh at the moment there is not and so I would absolutely advise that you follow North Carolina law on that

topic and again if if we get to a point where there's a conflict we can address it then um but that's that's where I am on that I'm glad you said that because your words carry a whole lot more weight than mine Dr you had a comment so Mr Mitchell I want to be clear um so that we give staff the appropriate Direction what we really have is um either if there's a Title Nine um violation or ACC complaint thank you we are either holding we're either we will either exercise our current procedure or this new procedure based on the the ruling of the new and they there there's no new process in there it's either one or the other it's what we're currently doing right or or it's the new one with the more um fast-tracked adjudication and those kinds of things and that that it would be one or the other there's no new uh yes it is going to be one or the other one or the other okay uh and and we'll help with that and I I do think it's important that while there are changes we're still going to investigate sure the concern and get to the bottom of it and treat everybody fairly it it's not you know it's not like we used to have a process and now we don't have a process I mean that's what I want to get to they're they're fine they're fine-tuning certain definitions and certain processes so I don't there's not a radical difference between whether we're using the old or the new there are differences but I think that at the end of the day you'd probably get to the same place whichever one you're following and and we'll we will be very careful and systematic about which one and and you said something that pulled me back since no one has had to identify

who these children are is it that the entire school is covered I thought it was the children of the members and if they've not had to self-identify how do we know it's it's the again the injunction applies to the Department of Education and their abil ability to enforce at schools where there are children of members and there's no again there's a list that was submitted to the court I don't think there's any process to challenge it I wouldn't suggest we go there in the slightest bit sure and so the list is the list you've clarified it for me thank you sir okay David's coming to that right correct yeah so so my colleague David Nolan is really our Point person on this and he's been working with Dr Mar and do and Dr Jackson he's actually coming to the training tomorrow so you will get he's the one who's following the litigation and helping draft our guidance so you will have the most upto-date guidance and expertise that that we have question on the on on the motion do we know I know policy-wise we normally put it out there you know as far as first and second reading do we need in the motion do we need to wave first reading on this yes okay uh I moved CH County Board of Education wave first reading and approve the Title Nine policy updates as presented second got a motion and a second is there any other discussion Miss Wilson or Miss Turner we ready to vote no yes okay all right all

in favor and I'm G just say Gary with an i i Mr ham with an I miss Turner I and Miss Wilson I thank you all right uh thank you Dr Moran and Adam please um next Board of Education got a Personnel meeting what Wednesday August that's next Wednesday August the 7th at noon uh I make the motion that we adjourn do I have a second second got a motion in a second all in favor with an i i i i and you disapprove Like Son thank you very much thank you ladies we appreciate it Sun's still not out yet I thought maybe it would be time we got through it is south of