Seattle school board approves 'legal action' to keep boys in girls' sports against voters' will

The November 9 vote followed the board’s earlier unanimous vote in September to oppose Initiative 638 before it went before voters. Washingtonians approved the measure despite opposition from the school board and other elected officials.

Under the school board’s Resolution No. 2026/27-11, Superintendent Ben Shuldiner is authorized to undertake legal action against the initiative and retain attorneys to represent the district.

The resolution authorizes action intended to “protect the interests of the District and prevent harm to District students that implementing Initiative Measure No. IL26-638 would cause.”

The vote gives the superintendent authority to pursue litigation in consultation with legal counsel when he determines it is warranted. The resolution itself does not establish that a lawsuit has been filed.

Directors Gina Topp and Joe Mizrahi brought forward the proposal, which was scheduled for introduction and action at the same meeting. Its cover sheet stated, “Immediate action is in the best interest of the District.”

The board had already formally opposed the initiative on September 23, adopting Resolution No. 2026/27-06. Monday’s resolution explicitly reaffirms that opposition, moving the district from taking a position against the ballot measure to authorizing a legal challenge after voters approved it.

The voter approved I-638 requires schools to adopt policies barring biological males from competing with or against female students in interschool athletic competitions designated exclusively for girls.

The board’s resolution argues that the initiative conflicts with directors’ constitutional and legal obligations and that the courts should resolve those conflicts. They don’t seem to care that the voters, not the school board, have taken the final say.

The board also claims the measure would undermine student privacy, create barriers to participation, and conflict with the Washington Interscholastic Activities Association’s policy allowing students to participate in sports consistent with their gender identity.

The board further argues that applying verification requirements to girls’ athletics raises concerns about unequal treatment and sex discrimination. It warns of legal, operational, financial, and administrative burdens, including potential litigation costs.

Supporters have disputed claims that the initiative requires invasive new examinations. The initiative’s findings describe using the existing sports physical process to verify biological sex, presenting that approach as a means of protecting fairness, safety, and competitive balance in female sports.

The board president said the proposal would give Shuldiner and district attorneys permission to pursue legal action.

The measure is scheduled to take effect December 3. WIAA has said it will follow state law and update its rules as necessary, while implementation details undergo legal review.