In an emotional evening, Barrington School District rolls back Title IX protections for trans kids

But Committee members and school officials reiterated their strong support for trans kids under State law and District policies.

In response to a Federal Court decision that struck down Biden Administration policies that expanded Title IX protections for transgender students, the Barrington School Committee reluctantly rescinded a recently adopted policy. It was an emotional evening, but even as the Committee took steps to revoke the policy, they reiterated their support for protecting trans students under existing State law, Rhode Island Department of Education (RIDE) policies, and Barrington School District policies around discrimination and bullying.

Only three of the five elected committee members were present: Vice Chair W. Frazier Bell, Elizabeth Singh, and Rebecca White. At the end of the meeting, Committee Chair Timothy McNamara phoned in some comments. Thomas Peck was absent. The votes to rescind the policy and revert to previous Title IX rules were both 3-0 in favor.

The meeting started with public comment, all of which supported policies protecting trans children and DEI (Diversity, Equity, and Inclusion). Members of the newly formed Barrington Community Progress Association (BCPA) were particularly supportive, and several members spoke.

It’s important to note that the changes made have nothing to do with President Donald Trump’s hateful Christian Nationalist Executive Orders targeting the rights, humanity, and existence of trans people. The changes to Barrington’s Title IX policies are in response to a court case decided before Trump’s second inauguration.

Despite the votes to rescind the policy, comments made by Committee member Bell, School District Attorney Aubrey Lombardo, and the District’s new superintendent Robert Wargo allayed some of the fears of those in the room, with one mother telling me, “It was super positive.”

Here’s the video. The sound isn’t great, but I did transcribe it below, editing for clarity.

Karen (BCPA): Thank you for everything you do for us. I want to express my support for DEI initiatives and the DEI committee.

Dr. Tanya Murtha: I am also here to support DEI efforts. I want to acknowledge, as a physician and a pediatrician taking care of many patients, some of whom are trans or have been considering transition, that the experiences and the mental health of these individuals are challenging. I had a patient who tried to commit suicide because of their knowledge, so I want us to be thoughtful about how we address the Executive Orders that are coming down - what’s actually in place, what’s being challenged - and thoughtful about this complex issue that should be taken more seriously than it sometimes feels that it is. I’m not talking about you, but about our society in general, at the moment. It concerns me, so I’m thinking about the human impact of these decisions.

Superintendent Robert Wargo: It’s unusual to respond, but I want to echo your comments. Our job is to protect every student and staff member, regardless of what’s going on in their lives, so please take that to heart. Regardless of what’s happening at the federal level, we’ll ensure everyone’s protection and care.

Jacob Brier (BCPA): [I am] also supporting DEI initiatives and the DEI committee. I am concerned about a possible reversion back to the old policy. In August, this Committee updated the Title IX policy to include protections for more students and staff members. From the little bit I can discern on the agenda, it looks like we’re completely striking down those new protections and reverting back to an old policy. If that is the case, and I’m not misunderstanding it, I hope you’ll vote that down and not pass that change because, as the superintendent said, it’s important to protect all students and staff members and create a strong policy for the whole community.

Attorney Aubrey Lombardo: It might be helpful [to present] a legal perspective. You’re right; the Title IX policy has reverted to the old one. We must do that by law because there was a case requiring every District in the country to return to the old regulations.

It changes how we would potentially handle an investigation based on gender identity. Some pregnancy protections - breastfeeding and lactation protections - were also included. It changes those things in that we can no longer address them as Title IX. Title IX is a federal law. We’re legally required to make this change. If we were to have the old regulations in place, we would be violating the law.

That said, as a State, I think this may be reassuring for anyone who listens: The federal law and federal civil protections are a floor, and our State has enacted greater protection than that. We still have policies, law, and guidance from RIDE that would address all those groups. If there were a complaint based on gender identity or for one of the groups no longer covered under Title IX, we would still be required, under State Law, RIDE regulations, and Barrington School Committee policies, to investigate those - just in a different way.

All students and employees are still protected in this District. My legal advice to the committee is that they must make this change based on the change in federal law, but there are other protections under RIDE regulations, State law, and our policies that encompass all of those groups.

Remy’s Mom: This is Remy.

Remy (Barrington Student): I get that maybe there’s a law in place, but this year we had Martin Luther King, and I saw everyone there. There were so many people, which was great. But the thing is, we are supposed to be judged by the content of our character. And how that works is that we should not be judged by our gender, no matter what pronouns we use, no matter who we say we are. I know trans kids, and they are great people and deserve rights just as much as any other girl, which many schools have in our school. Most schools have a pledge, and most say something about trust and faith and saying no to bullies. Continuously refusing to give help to anyone who is trans would be the literal definition of bullying, which I’m pretty sure there are strict laws against.

Remy’s Mom: Our family came tonight to support the trans children in Barrington who need the support of the school committee.

Paige (BCPA): I came up here to urge the committee, but specifically Superintendent Wargo, to please put out a statement saying that you support all children, especially our transgender and queer children who are being erased by federal mandates. They need to know that the school system stands by them. The Warwick Public Schools have already released letters to every family in the school department saying that they support all kids. We need the same thing from you.

Kristen (On-line): I have been a high school science teacher for almost 20 years. I also have two children in the school system. I echo the sentiments of the people who have spoken. I support the DEI efforts in town and am concerned that the Title IX policy is being reversed. I understand that there are executive orders that have to be followed. I also understand that there are State protections. However, I urge you, school committee, to come together and create policies at the local level that protect our trans and non-binary kids and let them feel safe at school because it’s not just for them, although that is incredibly important. It’s for all our kids - when they see those kids are unsafe, they don’t feel safe, and we must create that community.

Later, Council Vice-Chair W. Frazier Bell moved the committee into the Title IX discussion.

Attorney Lombardo: I understand that this is to be a concerning thing. I understand why people are concerned about it. I want to explain. We had 2020 regulations and rules that were put in place around Title IX. At that time, all school districts developed new Title IX policies because they were required to do so under the new administration.

As of August 1st, 2024, several injunctions have been filed in different jurisdictions. Certain school districts could proceed with Title IX revisions, and even by school, I had some districts where three schools were enjoined from participating in the new rules and two weren’t.

In Barrington, you don’t have any of those legal challenges. It was a Moms for Liberty challenge, but you had no legal challenges. We passed the new Title IX policy, encompassing all the new rules. On January 9th, 2025, in the United States District Court for the Eastern District of Kentucky, Tennessee versus Cardona vacated the Biden administration’s 2024 changes to the Title IX regulations and required that all school districts also vacate those changes.

The number one reason we need to do this is that it’s a liability issue. But number two, if we have the wrong Title IX policy, I am concerned, as your attorney, that someone who is a complainant who falls under the previous regulations and filed a complaint could have that complaint appealed and overturned because we are operating under the wrong policy by the wrong regulations.

But again, federal law is one thing. It’s a floor. A few months ago, that floor was getting slightly higher and encompassed a larger group. Those subgroups, particularly its students, could not be discriminated against based on gender identity. That was the piece the lawsuit targeted. [Since the decision in Tennessee versus Cardona] those students, while not covered under Title IX, are still covered under State law, RIDE regulations, your gender identity policy and your anti harassment and bullying policy.

There are still many avenues for those investigations to take place. Discrimination based on gender identity in Barrington is still not in compliance with policy and is something that would be investigated and handled seriously. We can’t handle it as Title IX because it’s no longer part of federal law under Title IX.

Councilmember Bell: Nobody in this room wants that change to be made. I, at least, feel better that this doesn’t change our policy.

Attorney Lombardo: It should not change the way we do anything other than we wouldn’t follow along with a Title IX. We don’t have to follow Title IX. We couldn’t follow the Title IX procedure [because] wouldn’t be protected.

The Title IX protection has been gone since January 9th when this lawsuit was decided, but there’s State and District protection. You can do things to bolster [District policy]. If you want, you can look at your other policies to ensure that you’re encompassing everything that was encompassed under Title IX. I encourage you to do that.

I don’t think you can go in this direction because if the protection’s gone anyway, changing the policy one way or another doesn’t matter. I am concerned that if you have a student who falls under the regulations and is sexually assaulted at school, the respondent, if you find that they were responsible, could appeal and say that we were operating under the wrong regulations. I don’t think we want that to happen.

I also don’t want us to be a target for potential suitors who may be checking to see if districts have changed their Title IX policies. That’s not going to help the students you are interested in protecting.

Councilmember Bell: We need to review our policy and make sure. Do you know if we need to vote on this? I said I’m not putting my name on this, but it’s the right advice.

Attorney Lombardo: It’s two votes. You must rescind the new policy for incidents on or after August 1st. And get rid of a line in the old policy. It’s a small change.

The two changes were approved 3-0.

Superintendent Wargo: I want to calm everyone present. The vote taken right now is to adhere to federal law. It will not change our efforts to protect and safeguard anyone who walks into our school or is related to our schools. Please keep in mind that this is the case. Our job is to ensure you’re protected, and we’ll do that.

Councilmember Bell: I appreciate that. I know the committee did not want to make this change, but unfortunately, we have no authority over federal law. Speaking for myself, I am 100% in favor of protecting all of our students, no matter their gender identity or anything else. Everybody has equal rights in Barrington, and we will make sure that continues.

Timothy McNamara: I apologize that I can’t be there in my official capacity tonight as I’m out of town. I’ve been advised that I can speak as a citizen. In that regard, I want to say that I appreciate the transparency and thoroughness of the conversation around the Title IX update that was provided earlier, particularly the comments from Attorney Lombardo and Superintendent Wargo and the assurances of protection of all the children in town. It is important to convey why that needs to happen and assure them that we will protect all the kids in town. I appreciate the committee’s transparency there.