A Central Bucks School District Board policy enacted a year ago that segregated athletic teams on the basis of sex has been officially retired following an 8-1 vote Tuesday night.
Policy 123.3, titled “Sex-Based Distinctions in Athletics,” was adopted Nov. 14, 2023 by the prior Republican-majority board, but was suspended nearly a month later, on Dec. 4, 2023, according to school board documents. The policy’s purpose said that “separate athletic teams on the basis of sex preserve fairness, provide increased opportunity for girls, and are safer. As such, the district provides separate interscholastic athletic teams on the basis of sex.”
Per the policy, the word “sex” was defined as “the biological distinction between male and female based on reproductive biology and genetic make-up.”
“If a student has a gender identity that is different than their sex, that student or a parent/guardian has the option of informing the district of that additional information during registration or anytime thereafter. The district shall keep record of such identity and any accompanying accommodation requests confidential,” stated the former policy.
“Let me be really clear,” said Superintendent Dr. Steven Yanni prior to the vote. “What we’re talking about tonight is retiring a policy that under the current law and under our current policies, there’s inherent conflict.”
He said the retirement of the policy ensures compliance with current state and federal discrimination laws, and avoids potential legal challenges against the district.
“Should laws or regulations change in the coming months, Central Bucks will review our policies and procedures,” he said.
Yanni said that “homegrown policies” are not the best policies because they have to be grounded in the law and statutes.
“We have a policy that talks about non-discrimination, and this Policy 123 was in effect for two to three weeks and has been suspended since,” Yanni said. “And functionally, there is no change to the landscape.”
Yanni said PIAA looks at competitions from a safety standpoint.
“If there are athletes that have a gender identity that is different than their sex assigned at birth, and they are going to compete – so we are talking about an athlete whose sex-assigned birth is male, but has a female gender identity and competing on a girls team – if there is an inherent safety conflict there, or a safety concern, PIAAs rules come into play,” Yanni said. “What we’re talking about here tonight is simply retiring the policy that is not grounded right now in any law or statute.”
Yanni said there were residents and parents listening to and watching the meeting from home that did not agree with what he said.
“Moving forward, if there are changes in law and in statute, related to this topic or any other topic, we will make sure our policies are not homegrown, that we’re attaching them to something,” Yanni said.
He said there are students in the district that have gender identities that are different than their sex assigned at birth.
“We believe in the value and identity of everybody and words matter and our kids are listening,” he said. “I would ask that if anyone comments on this tonight, you just keep that in mind.”
Yanni added that if the school board is going to move the needle on academics in the district, then it needs to crate and sustain environments in schools where students feel seen, valued and heard.
During public comment, resident James Lamb said he supported the retirement of the policy for the simple reason that a school should be safe.
“It’s an inclusive place for all students in all aspects, and the activities and policies in Central Bucks should reflect that goal,” Lamb said. “Schools across the country are recognizing the importance of participation in sports in all young people, including transgenderyouths.”
Resident Mike Sobczak, of Plumstead Township, suggested the district consider club athletic teams to protect students from larger, more aggressive athletes.
“We should have started transgender clubs at each school to generate interest before going from the top-down and eliminating this,” Sobczak said. “We should have gone from the bottom-up and worked our way up to give those kids an opportunity to play the sports that they’re so interested in without damaging anything else and creating opportunity rather than taking it.”
Resident Katherine Good Semisch said anything the district can do to protect children’s access to and safety in athletics is “the good.”
“Anything we can do to expand kids’ access to athletics is good, which is why I support the retirement,” Semisch said. “Transgender students must not be discriminated against based on other gender identities.”
Semisch said, if transgender girls are segregated out of sports, it will not only harm them but there will also be hurtful questions about some of the girls who remain on the team.
“I don’t want to see a world where anyone may be questioned and humiliated because they are a skilled and developed athlete who does not fit the gender binary,” she said.
Board Vice President Heather Reynolds said there are no transgender girls practicing in sports at the present time, but there is one young woman playing on the Central Bucks East football team.
The dissenting vote was sole Republican board director James Pepper.
