In a 4-3 vote, the Stafford School Board voted to waive their attorney-client privilege and make the attorney’s opinion on the on its hotly debated transgender non-discrimination policy open to the public.
Until now, that opinion has been sealed from public view.
The move comes after the School Board voted 4-3 in September approve revisions to the school division’s standing non-discrimination policy to add “sexual orientation” and “gender identity” as protections. The changes were prompted by national attention garnered by the school division after a transgender student wasn’t allowed to use either the boys or girls’ locker room during an active shooter safety drill in October 2018.
To help in their decision on whether or not to add the transgender protections, the School Board sought a legal opinion on the possible implications of passing such a policy. The School Board shielded those documents from public view.
Now unsealed, the documents show School Board members were concerned about the potential of lawsuits from parents on both sides of the aisle — those who want their children to use gender-specific bathrooms, and those who say their child should be able to use the bathroom of their choice.
From the newly released documents | “I would appreciate your also addressing in your response whether, if adopted by the school board, the proposed policies would put [Stafford County Public Schools] at risk of lawsuits or EEO complaints if usage of bathroom or locker room based on student choice were denied for any reason, and, in the alternative, whether adoption of the proposed policies would put SCPS at risk of lawsuits or EEO complaints by parents or guardians who are opposed, for religious or other reasons, to having their child(ren) use a bathroom or locker room with a transgender student.”
–Rock Hill School Board member Patricia Healy
“I don’t have a specific question for the attorney – I never said I had a specific question. I said (like a broken record) that I wanted a full analysis of the legalities associated with us PASSING this policy, and what is associated with us NOT passing a policy…I know what our rights are – we’re the school board and we can do just about anything we want with regard to how the school is run.”
—Aquia District School Board member Irene Hollerback
We’ve obtained all the unsealed documents and are posting them here for our subscribers to review:
- Aug 15 Letter from Fredericksburg Counsel
- Jul 10 Letter from Richmond Counsel
- Jun 26 Email to Richmond Counsel
- May 8-9 Emails with Fredericksburg Counsel
- SB Member Questions for Fredericksburg Counsel
This isn’t the first time the Board has debated releasing the legal review, as the School Board voted against waiving attorney-client privilege: twice in September and once again in October.
Rock Hill District School Board member Patricia Healy and Aquia District School Board member Irene Hollerback pushed to get the issue back on the agenda for a revote, with two new school members who took their seats on the Board for the first time Tuesday, January 14.
Susan Randall replaced Dwayne McOsker in the George Washington District. She was the swing vote that allowed the documents to be released as McOsker voted against such action previously. Griffis-Widewater District Supervisor Elizabeth Warner voted against waiving attorney-client privilege just as former incumbent Jamie Decatur did in the two votes she was for which she was present.
The two new board members both reviewed the legal documents prior to voting, we’re told. The documents were given to the new Board members without the knowledge or vote of the entire Board.
“I feel like in due diligence, I’ve done my part,” Randall said referring to hearing the arguments of the previous board and reading the documents.
Just as the Board was split on passing the newly amended non-discrimination policy, which passed during a six-hour School Board meeting on September 10, it was split on the release of the legal review.
Those opposing the waiving of attorney-client cited concerns about setting an undue precedent and potential future legal complications. “I don’t want to be the school division that no competent attorney would work for,” Falmouth District Supervisor Sarah Chase said.
Healy, Hollerback, and Hartwood District School Board member Holly Hazard have all advocated waiving attorney-client privilege. They all had voted against the policy originally. “It solidifies our commitment to transparency,” Hollerback said.
