North Dakota schools implement transgender restrictions for new academic year

Schools across North Dakota are starting the new school year with new rules about addressing students claiming transgender identity.

Gov. Doug Burgum (R-ND) signed several bills restricting different facets of gender ideology this year, some of which prohibit the use of “preferred pronouns” in schools, as well as require school staff to inform parents if a child begins identifying as the opposite sex, and barring them from using a restroom that does not align with their sex.

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Other bills ban males from competing in female sports, restrict drag performances, and bar medical gender transition surgeries for children.

While national activist organizations like the American Civil Liberties Union and Human Rights Campaign have come out against the bills, local North Dakota school officials appear to be begrudgingly implementing the new requirements, according to Public News Service.

At the time the laws passed, Fargo Public Schools Superintendent Dr. Rupak Gandhi came out against the laws.

“Unless directed by the board otherwise, it is my formal request, on record, that we are going to do what is right for kids,” he said in May. “And when we see a conflict between federal law and state law, we are going to double down to advocate for our youth. It’s not against parents, it’s for kids.”

“We will not openly ‘out’ any student because of one law, if we know that is going to cause harm to that child,” he added. “Unless dictated by the board otherwise, we will not participate in anything that we think will subject students to further discrimination or increase their self harm.”

The school board supported Gandhi’s defiance and backs a “philosophy” page laying out their statements on “educational justice for LGBTQIA2S+ students.”

In May, school board spokeswoman AnnMarie Campbell said the school district would continue allowing students to use restrooms that do not align with their sex, though potential brush-ups with state law remain unclear.

Grand Forks Superintendent Terry Brenner had concerns, too, but his district decided to comply with the new laws.

“My concern is that the suicide rate was high among transgender students previous to the law being enacted,” Brenner said, according to PNS. “And there’s concern that that metric will rise moving into the future.”

Proponents of the legislation say it comes down to parental rights and child safety.

“Parents have a fundamental right to be involved in their children’s education — this should not be up for debate,” Parents Defending Education senior adviser Michele Exner told the Washington Examiner. “School officials in North Dakota have a responsibility to keep parents informed of any developments concerning their own children. Any failure to do so would be undermining the central role parents deserve to have in their children’s lives.”

However, ACLU North Dakota advocacy manager Cody Schuler said staff know what is best for students, PNS reported, adding, “There are people who are contemplating or have already left the state because they’ve lost health care with the gender-affirming care ban.”

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Fargo’s defiance and other districts’ lethargy on implementation of North Dakota law reflect a cross-country issue highlighted by Fairfax County, Virginia’s insubordination on the Old Dominion’s school district guidance on the issue.

The Washington Examiner reached out to FPS about how it plans to handle the laws for the new school year.