FARGO — The superintendent of Fargo Public Schools said his district will prioritize keeping students safe above following a new North Dakota law that puts restrictions on transgender students in schools.

Superintendent Rupak Gandhi told the Fargo School Board during its meeting Tuesday, May 9, that decisions will be made regarding transgender students that may not be interpreted in the same accordance with the spirit of state law.

He said the new state law might even be in violation of federal law.

“We’re going to do what’s right for our kids and when we see a conflict between federal law and state law, we’re going to double down to advocate for our youth,” Gandhi said, his voice choked with emotion.

The legislation signed by Gov. Doug Burgum on Monday was among the last in a raft of socially conservative gender-related proposals to receive his approval.

Sponsored by Rep. Scott Dyk, R-Williston, the bill bars schools from adopting policies that require or prohibit “any individual from using a student’s preferred gender pronoun.”

It also prohibits transgender K-12 students from using bathrooms that align with their gender identity, though schools, with parental permission, may designate separate restroom accommodations for transgender students.

“I think that we as adults in North Dakota and our legislative session failed our children because we are putting our politics over their humanity, when at a time every piece of data will show you that our students need advocates not opposition,” Gandhi said.

He cited statistics that show suicide is the second leading cause of death for 10 to 24 year olds in North Dakota.

He said research from the Trevor Project indicates only one-third of LGBTQ students have parental acceptance, one-third experience parental rejection and the remaining one-third do not disclose their LGBTQ identity until they are adults.

The research shows at least one accepting adult can reduce by 40% the risk of a suicide attempt among LGBTQ youth, Gandhi said.

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

The board did not take any formal action regarding Gandhi’s address, though each board member thanked the superintendent for his stance and many echoed his comments about always doing what will protect students and keep them safe.

This is a developing story. Please check back for updates.

Huebner is a 35+ year veteran of broadcast and print journalism in Fargo-Moorhead.