The New Hampshire School Board Association has advised schools to eliminate anti-discrimination policies for transgender students to comply with new federal mandates and safeguard their funding. But those mandates are prompting tense debate in some local districts 鈥� and warnings that transgender students鈥� safety could be at risk.
Nearly thirty-three percent of New Hampshire public schools had policies protecting transgender students in 2022, according to a by the ACLU of New Hampshire. So far, those now reevaluating their policies include Manchester, Claremont and White Mountains Regional School District.
Public school leaders have scrambled to make sense of new federal demands under the Trump administration, which has for schools that allow transgender girls to play on girls sports teams and meant to support transgender people in schools or other public spaces.
According to the New Hampshire Fiscal Policy Institute, federal funding makes up of local school budgets.
In its guidance to schools, the New Hampshire School Board association also pointed to a judge's decision in a Tennessee court case that further rolled back anti-discrimination protections.
The association advised schools to consult their attorneys and consider eliminating references to gender in their anti-discrimination policies. It also joined the in advising schools to adopt athletic policies that align with the Trump administration's executive order forbidding transgender girls from playing on girls sports teams.
A federal decision Wednesday involving Maine schools illustrates the potential consequences for districts. The U.S. Department of Education gave the state 10 days to agree to amend its policy allowing transgender girls to play on girls sports teams. Failing to do so, the department , will result in a referral to the U.S. Department of Justice 鈥渇or enforcement including termination of (the state鈥檚) funding.鈥�
School policies under review
The latest guidance from the New Hampshire School Board Association and New Hampshire Interscholastic Athletics Association, which governs school sports, reflect a shift away from earlier efforts to explicitly support the rights of trans students.
The school board association first adopted its policy to support transgender students in 2015. The sports association passed much earlier, in 2010. At the time, they said 鈥渋t would be fundamentally unjust and contrary to applicable State and Federal Law to preclude a student from participation on a gender specific sports team that is consistent with the public gender identity of that student for all other purposes.鈥�
Some schools began reviewing their rules for transgender athletes in 2022, after the New Hampshire School Board Association withdrew its policy and advised boards to seek legal advice and write their own policies.
District policies came under more scrutiny last year, after New Hampshire Republicans passed prohibiting transgender girls from playing on girls sports teams. But most districts initially left their policies in place, citing uncertainty over the status of the ban amid an ongoing lawsuit.
While policies are a powerful message of support to transgender students, Attorney Chris Erchull said they aren鈥檛 the only safeguard. Erchull, who鈥檚 challenging the new federal mandates in court with GLAD Law, said state and federal laws also prohibit gender-based discrimination 鈥� with or without a school policy. New Hampshire to the state鈥檚 anti-discrimination laws in 2018, a move celebrated by LGBTQ+ advocates.
鈥淚f I'm hearing that a school district is providing every transgender student with everything they need to be successful, then it doesn't matter to me very much whether or not that school district has a policy in place or not,鈥� Erchull said.
Districts debate next steps
A spokesperson for the Manchester School District, the largest public school system in the state, said officials are reviewing their 鈥� which addresses restroom and locker room access, athletic participation and other issues 鈥� but declined to provide further details.
The White Mountain Regional School Board is also evaluating its policies for transgender students. Right now, the says students can play on sports teams that align with their gender identity. The policy provides the same access to restrooms and locker rooms.
The board voted last Thursday to table a decision about its policy allowing transgender girls to play on girls sports teams to give Superintendent Maria Anastasia time to investigate the legal implications of any changes. Anastasia declined to discuss her findings with NHPR Wednesday, saying she wants to wait until she can brief the school board at its meeting next week.
The board voted to remove gender discrimination protections from a second policy governing access to school lunch and other programs funded by the United States Department of Agriculture. The New Hampshire School Board Association recommended that change.
During a meeting last week, White Mountain Regional School Board member Kristen Van Bergen said she opposes any changes. She cited who don鈥檛 feel safe and supported in their communities.
鈥淚 just feel really strongly that at least one vote on this policy needs to voice the support that's existed for our community for a long time and say out loud, 鈥楾his is nonsense,鈥欌�� Van Bergen said.
A similar review is also under way in Claremont. Thursday the board voted to and seek further guidance after several community members pleaded with them to leave the policy in place. School Board Chair Heather Whitney voted against it.
Earlier this month, Whitney said in a Facebook post, 鈥淭he Board will endeavor to address all matters related to student wellbeing in a compassionate and respectful manner.鈥�
That district鈥檚 policy prohibits sharing a student's pronoun preference and transgender status, including from parents, unless legally required to do so. Students may use restrooms and join sports teams that correspond to their gender identity.
鈥淭he Board will endeavor to address all matters related to student wellbeing in a compassionate and respectful manner,鈥� Whitney wrote on a Claremont community Facebook page.
Neither Whitney nor Claremont Superintendent Christopher Pratt returned messages. In an interview with the last week, Whitney said she hopes the board can reach a middle ground between rescinding the policy and leaving it as is.
鈥淚t doesn鈥檛 have to be draconian if handled correctly,鈥� Whitney said. 鈥淚 hope we can craft a policy that keeps a lot of the language so people feel we are acknowledging the vulnerability of that population of students.鈥�
