Superintendent Henson Discusses Transgender Bathroom Resolution

On June 1^st, FetchYourNews contacted Fannin County School System Superintendent Mark Henson to ask about the school systems’ resolution on the transgender bathroom issue.  The questions come after the Fannin County Board of Education sent a letter home to parents.  In it, Mr. Henson states, “In accordance with this guidance and with us receiving state support [political support], Fannin County will maintain restrooms and locker rooms for the 2016-2017 school year which are based on birth sex rather than gender identity.  Alternate restrooms will be provided for any transgender students we may have enrolled.”  (to view letter see “Superintendent Henson’s Letter to Fannin County Parents Regarding Transgender Bathrooms”)

Mr. Henson said that several actions by state officials created a passable solution for the transgender bathroom debate.  First, Georgia’s School Superintendent Richard Woods publically stated, “I do not believe a student of another gender should use a restroom or locker alongside students of the opposite sex.”  Next, on May 25^th, Georgia, along with 13 other states, sued the federal government over the federal guidelines that directed school to allow transgender students to use bathrooms and locker facilities that match their gender identities.  The basis of the multi-state lawsuit is that the Executive Branch of the United States government exceeded its constitutional power when it said that schools receiving federal funds must provide noon-discriminatory bathroom and locker room accommodations for transgender students.  The actions of both Gov. Deal in approving the lawsuit and State Superintendent Richard Woods’ stating his opinion allow Fannin County School System to uphold the values of Fannin County said Mr. Henson.  He continued saying that the system will still proceed cautiously in its further actions regarding transgender bathrooms said Mr. Henson. (see article “Fannin Board of Education Issues Bathroom Policy as Georgia Joins 11-State Lawsuit Over Transgender Bathrooms”)

Fannin School’s statement on transgender bathrooms mirrors that of the Gwinnett County School System.  Gwinnett County Schools is the largest school system in the state and is frequently a determining opinion in state education policy. According to Fox5 Atlanta, Gwinnett county will provide sex-designated bathrooms and facilities and offer gender-neutral facilities, as well, in the 2016-2017 school year. Fannin’s statement also mirrors the feeling of other School Superintendent’s in the north-east Georgia Regional Education Service Agency, a multi-county government agency which provides policy and continuing education support for school systems.

Also, Georgia’s joining the multi-state uphold the belief that local school systems should be under local control. Mr. Henson said that it was very obvious through the Board of Education meeting and parents’ comments how a large part of Fannin’s population feels about transgender bathrooms.  Then, he thanked the School Board for creating a space for Fannin residents to voice their opinion before the School Board.  The School Board extended the Public Comments section of its May 12^th meeting so that anyone who wanted to speak could be heard even though the School Board’s by-laws only allow for 30 minutes of Public Comment.  On May 12^th, the Public Comments section lasted for 2 ½ hours.  Also, the School Board moved its meeting from Board of Education’s meeting room, which seats about 30 people, to the high school cafeteria which seats hundreds.  The School Board also set up live-streaming of the May 12^th Board of Education meeting to students in the Fannin County High School gymnasium.  Mr. Henson said he appreciated the School Board’s deeply thought-out deliberations over transgender bathrooms and is glad the Board took action as a group not action according to individuals’ personal agendas.

FetchYourNews also asked about the financial consequences if the school system comes up opposite of federal government civil right’s laws and United States Department of Education’s support for transgender bathrooms.  As of yet, the federal government has not taken away federal funding for any type of schools due to a school system or public university’s bathroom policy.  If the federal government makes a decision that puts Fannin School System in violation of law, the school system would lose $1.5 million per year in federal funding.  This would require the school system to increase property tax millage rate to pay for loss of funds.  $1.5 million represents approximately 1 millage point of property taxes.  Another fine that the school system could be required to pay is up to $75,000 per day for civil rights violations.  This cost, like the $1.5 million in lost federal funding, would become the responsibility of Fannin residents to pay for through increased property taxes.

According to Mr. Henson, a more thorny problem is with the United States’ Office of Civil Rights.  If the Office of Civil Rights believes there is a violation, then it opens up an investigation into all aspects of the school system.  “It can come in and make life miserable with tying up time and resources of staff who must provide reports and evidence to investigators.”  Mr.  Henson knows school systems where the Office of Civil Rights has come in for one violation and stayed for years on end to investigate all aspects of a school system.

FetchYourNews also asked about supposed blueprints for bathroom renovations that were to take place during the summer.  Mr. Henson said that the school renovations which will  take place during the are renovations to Fannin County High School’s science classrooms.  The School Board voted for it during a meeting in winter.  There are no blueprints showing bathroom remodeling said Mr. Henson.

Finally, Mr. Henson said that an unfortunate by-product of the debate of transgender bathrooms is how the debate took students’, staff’s and parents’ attention away from crucial end-of-school year tasks for students and staff.  For students’, essential study time and instruction time were filled with rumor-mill chatter about transgender bathrooms.  Central Office staff had to field phone calls when they needed to review students’ records in time for graduation and make sure that the schools were properly shutting down for summer.  Teachers were persistently distracted by rumors and accusations floating throughout the Fannin community instead of having time in last few weeks of school to ensure that students have been fairly evaluated through the entire year and to prepare students for end-of-course exams. s, architect, science classrooms, board approved in winter.

Correction:  A May 20^th article,  “Fannin Board of Education Issues Bathroom Policy as Georgia Joins 11-State Lawsuit Over Transgender Bathrooms”, describes May 25^th’s letter home to parents as the Fannin County School System bathroom policy.  Mr. Henson says that the letter is not a policy but a statement about how the school system will provide privacy for all students.  Also, the Board of Education has never issued a policy about bathrooms. The use of “statement about transgender bathrooms” in this article reflects the correction.