Trustees Will Meet on Gender Law Stand

Facing the possible crippling loss of millions of dollars in funding, trustees of a small Orange County school district will meet tonight to reconsider their controversial rejection of a state anti-discrimination law.

The Westminster School District meeting, which is expected to attract hundreds of community members, is likely to be the board’s last opportunity to comply with the law before a state deadline. The board’s majority, however, has shown no signs of reversing its decision, which could severely damage the district’s ability to function.

State officials said that no decision on sanctions would be made until after an April 12 deadline but that they could withhold state and federal funds within weeks if the board refused to reverse its position.

The district has refused to revise its anti-discrimination policy to comply with state law that allows students and staff to define their gender, regardless of biological sex. The law was written to accommodate the complaints of transsexuals and others who do not conform to traditional roles.Three of the five trustees have refused to change the district rules, saying that the law offended their Christian beliefs.

They have expressed concern that the law would allow transsexual teachers to promote transsexualism in the classroom and encourage students to cross-dress and use opposite-sex bathrooms.

Martha Matthews, a lawyer with the American Civil Liberties Union of Southern California, dismissed those fears and said the law was meant primarily to protect, for example, a boy who plays with dolls.

While the law does protect transsexuals, Matthews said, a transsexual teacher would “have to adhere to the same professional standard of behavior as everyone else.”

The decision by the trio of trustees -- a Catholic, a Lutheran and a nondenominational Christian chaplain -- has angered the district’s teachers, administrators, other board members and many parents, who all accuse the trustees of placing their personal beliefs ahead of their duty to follow state laws.

“This decision is hurting the kids and sets a bad example for them,” said Janet Brubaker, president of the Westminster Teachers Assn. “If every elected official followed their [personal beliefs], we’d have something close to chaos, which is pretty much what we have here.”

Brubaker said that at least 100 of the district’s 600 teachers are expected to protest outside the meeting, which will be held at Stacey Middle School.

Trustees will have three options tonight: hold an emergency meeting before the April 12 deadline in order to change their vote, request an extension from the California Department of Education, or stand by their decision.

Supt. Barbara Dehart has told board members that the state would probably grant an extension only if the district indicated a willingness to comply with the law.

But Judy Ahrens, Blossie Marquez-Woodcock and Helena Rutkowski have all said in recent interviews that they do not intend to change their votes.

Marquez-Woodcock, a chaplain who ministers to the terminally ill for a hospice company, said the three trustees had conferred with lawyers on the possible loss of funding. “We’re ready for anything,” she said. Michael Hersher, a lawyer for the California Department of Education, said if the district refused to comply, it would jeopardize nearly $12 million that must be used for specific programs, such as drug-abuse prevention and those involving low-income and special education students.

Hersher said the state could withhold the remainder of Westminster’s funding for this year -- roughly $6 million, according to district officials -- or deny the district next year’s funds. Before sanctioning Westminster, Hersher said, state officials would have to give the district a chance to plead its case at a hearing.

Though scores of districts have had outdated policies, education officials said, Westminster is the first one that has refused to change its guidelines.

Hersher said education officials are concerned that if Westminster is allowed to flout the law, other districts could follow suit. “Are we going to soft pitch this or are we going to get a big stick and whack them?” he said. “We have not yet thought through all the ramifications.”

Trish Montgomery, the district spokeswoman, said state officials have repeatedly told the district that all $40 million of its state and federal funding is at risk, not the $12 million Hersher indicated. Regardless, she said, either scenario would financially cripple a district with a $70-million annual budget. Westminster serves 10,000 students in grades kindergarten through eight.

The board’s decision has already taken a toll, with Bank of America announcing last week that it would halt a $16-million loan until it could evaluate the effect that the board’s stance could have on the district’s financial security.

Ahrens and Rutkowski did not return repeated calls Wednesday. But like Marquez-Woodcock, Ahrens stood resolutely on the matter during an interview with John Ziegler on KFI radio. “Even if I am recalled, I will not back down on this slippery slope,” she said.