Conservative Republicans love to espouse "local control." But they love big government overreach when it can help them grab headlines. Idaho Attorney General Raul Labrador this week questioned the legality of what he called a “dangerous” and “suspect” LGBTQ+ rights policy that’s already in place at about a third of Idaho’s school districts and charters, according to Idaho Education News.
That policy came into the limelight when attendees at a Jan. 9 Caldwell School Board meeting yelled at, insulted, and threatened board members over the draft of a potential policy, which would establish rights and protections for all students, regardless of sexual orientation. Trustees were forced to call the meeting to an early end.
On Monday, Labrador chimed in on the discord on Twitter: “This proposed policy appears to violate Idaho law. My office is taking a serious look at how we can defend Idaho parents, kids, and our existing laws should the Caldwell school board choose to adopt this policy.” Labrador further detailed his concerns in a Wednesday letter to Misty Swanson, the executive director of the Idaho School Boards Association.
The ISBA responded this morning In a letter sent this morning to its members,
You may have seen yesterday in the media that ISBA received a letter from new Attorney General Raúl Labrador, on the topic of policies that impact access to students who identify as LGBT – particularly on bathroom and locker room access.
We want to be very transparent with our members and make sure you are aware of the policy history, legal background, and the steps we’re taking to respond. Additionally, we are available to you if you have questions on this topic.
As you know, school leaders have been dealt the responsibility of handling these issues without state or federal statute, but rather through inconsistent court rulings, or conditions issued through federal agencies —which can change overnight depending on who is elected to serve as the President of the United States. You’ve done so with compassion as you respond to students and their families who may have an individual personal need.
The ISBA supports allowing members of communities to make their own decisions:
ISBA has – and will always – respect and uphold the authority of individual boards who have worked through these topics alongside their community and have maintained that our job is to help you navigate the legal complexities on sensitive topics to avoid costly litigation, intense investigations from the Office for Civil Rights, or the loss of crucial federal funding.Though we’re not legally obligated to respond to Attorney General Labrador’s letter, we are working with an attorney to answer the inquiry. Our members will be the first to receive our response.
In the meantime, here are some basic questions that ISBA answered from within the letter:
- When ISBA drafts model policies, all policies are vetted through an extensive legal review process by attorneys;
- ISBA released the policy in question based on the Dear Colleague letter issued by the Office for Civil Rights under the Obama Administration – which was later rescinded during the Trump Administration. This is not a required policy, and ISBA has never indicated it as such. Rather, the policy serves as a legal framework for each local board and community to determine what is the best policy for your students;
- ISBA did not draft this policy – nor any policy – based any funding or request of any special interest group or entity, and our business partners and affiliates do not play a role in drafting model policies.
It is wild how some people in positions of power keep trying to micromanage entities they are not in control of. In contrast, the ISBA stated that their number one goal is to ensure our members are kept informed, and are protected against allegations that you’re doing anything in your schools other than responding to the needs of your students, families, and communities.