SAN MARCOS — The San Marcos Unified School District board passed two resolutions last week reaffirming the district’s support for LGBTQ+ and immigrant students, staff and families following a highly charged discussion among the community and officials.
Trustee Stacy Carlson brought forward both resolutions, which were approved in a 3-2 vote at the board’s Feb. 13 meeting. Trustees Heidi Herrick and Lena Meum opposed both. Neither resolution included changes to district policies.
The resolutions come amid a wave of anti-transgender policies and rhetoric throughout the United States in recent years, especially in the past month. The SMUSD Schools As Safe Places For All resolution states that the district prohibits discrimination or bullying based on sexuality or gender identity and is committed to creating a welcoming and safe school environment.
Immigrant communities have also been living in increased fear after the U.S. Department of Homeland Security reversed a directive under the Biden administration that restricted immigration enforcement at schools, churches, hospitals and domestic violence shelters.
The district’s Advocacy and Protection for All District Students resolution states that the district supports the continuation of the Deferred Action for Childhood Arrivals (DACA) program and the rights of all students to attend school without the fear of detention and deportation.
“This is a statement that is really meant for our immigrant community, so that they understand that it’s safe to bring your kids to school,” Carlson said.
Trustees Herrick and Meum said they believed the resolutions were unnecessary and that the district should focus on the student body as a whole rather than specific groups.
Carlson said that LGBTQ+ students are particularly vulnerable and often have trouble navigating school, resulting in higher rates of depression and suicidal ideation.
“Really, what this resolution was meant to do was simply to say to our LGBTQ students and staff that we understand that this is difficult for you, we’ve got your back, here are the rules, here are the board policies, and we want to affirm your right to be here,” Carlson said.
Herrick also expressed concern about getting the district in legal trouble, as the status of federal law related to the rights of transgender people and immigrants is unclear right now. She said it was unclear currently whether federal law supersedes California law.
“Of course we’re going to follow the law, but I think putting this in writing is setting us up for a lawsuit,” Herrick said.
Superintendent Andy Johnsen said the district has not been informed of any changes to the state education code at this time and is continuing to seek guidance from the San Diego County Office of Education.
“California law still stands, until such time that we’re told otherwise,” Johnsen said.
At the requests of trustees Herrick and Meum, the board agreed to make several amendments to the Schools As Safe Places For All resolution, including changing references to “LGBTQ+” students to “all” students. Despite this, both board members ended up voting against the resolution.
Discussion
The board heard extensive public comments supporting and opposing both resolutions, particularly regarding LGBTQ+ students.
Many of the concerns shared at the meeting echoed recent statements by County Supervisor Jim Desmond, who is also running for the 49th Congressional District. In a Feb 12 Facebook post, Desmond said the SMUSD board was “pushing a policy allowing men in women’s bathrooms and locker rooms,” which sparked outrage online.
A district spokesperson confirmed there was an earlier unofficial version of the resolution, which did not end up going before the board, that referenced transgender students’ rights to use the bathroom or locker room that aligns with their identity. However, this language was left out of the resolution that ended up going before the board.
SMUSD board members stated repeatedly that the resolution did not change or adopt any district policies, as state laws requiring districts to let students use the facilities that align with their gender have been in place since 2014.
“There was misinformation on this specific resolution,” said Trustee Andrés Martín. “What was publicly given to everybody was not the same thing that was in our former great mayor Jim Desmond’s Facebook post, which is very unfortunate.”
Parent Vanessa Smith said she has a transgender daughter in the district who loves going to school and that these students deserve compassion and kindness. `
“Today, I kindly ask you to keep all of our children safe in our schools, no matter their gender identity, gender expression, or sexual orientation,” Smith said. “On behalf of my daughters and so many others, I encourage you to keep leading with the compassion that I value in all of you.”
Tiffany Boyd-Hodgson, who serves on the Vallecitos Water District Board but was speaking in a personal capacity at the meeting, said the district has been extremely helpful in supporting her transgender child. She also thanked the board for their courage in bringing forward the resolution.
“Five years ago, my family was at a crossroads. Our child came out as transgender, and we didn’t know what to do,” Boyd-Hodgson said. “I want to applaud San Marcos Unified for being a safe space for that child, as we worked with the teachers, and we worked with the PE teachers, and we worked with the counselors, as we worked on a solution to bring dignity and protect everyone.”
Many speakers still shared fears that the resolution attempted to adopt a new policy allowing boys to enter girls’ bathrooms.
Susanne Reitmeier, a parent of a middle school student in the district, said that her daughter has been uncomfortable with a transgender girl who has been changing in the locker room. Meyer stated that her daughter feels unsafe.
“Earlier this year, a biological male was contemplating changing in the girls’ locker room. When my daughter brought this to my attention, I was in shock,” she said. “Safe spaces for all need to be safe spaces for all biological women too.”
Rosie Higuera, who ran for the Oceanside School District Board last year, said that young girls need to be protected and should not have to share a bathroom with transgender students.
“Girls’ lives matter. They deserve to be protected. Create a separate bathroom with a lock for those who are confused about their sex,” Higuera said.
Under state law, schools cannot require a transgender student to change in a private area rather than the locker room that aligns with their gender.
SMUSD’s resolution supporting immigrant families drew mostly favorable public comments. Mission Hills High School senior Sabrina Martin pleaded for the board to show support for undocumented students and families and said students should be able to learn without fear of their lives being upended.
“School is a place of learning and growth, and no student’s growth should be stifled due to the fear that at any moment, their whole life could get torn apart, getting taken away from their friends and stability that they have spent their whole life building,” Martin said.
A woman who went by Anna G said the district cannot choose to be uncooperative with immigration enforcement.
“If federal agents or police show up to the school, and a parent is affected, unfortunately it does not give you a right to disobey that law,” she said.
