BCSD responds to Title IX complaint

BONNERS FERRY — The Boundary County School District is collecting data on Badger female athletics in response to a Title IX complaint.

The Title IX complaint was filed Jan. 26 by Sandpoint resident Mark Rossmiller and ally National Women's Law Center to the U.S. Department of Education Office for Civil Rights. The complaint alleged the BCSD is not providing equal opportunities for female high school athletes.

Rossmiller previously filed a Title IX complaint against Lake Pend Oreille School District in 2021, allegedly failing to adequately address Title IX concerns. There are no developments with the complaint against LPOSD.

BCSD Superintendent Jan Bayer told the Herald the district has referred the matter to their attorney and OCR to determine what is needed and ensure the appropriate steps are being taken.

“We have not willfully done anything to jeopardize the district. We are doing the best we can in terms of those interpretations,” she said.

Through reading Title IX materials from university and other sources, Bayer said there are inconsistencies and different interpretations when it comes to equally funding teams per sport versus equal funding for boys and girls sports overall at a district or university level.

Bayer added that she and her husband are supporters of female athletics and are raising two daughters involved in Badger athletics.

Rossmiller first reached out to the district in the fall. In response to his inquiries of female athletic opportunities at BCSD, the district surveyed students for their interest in sports.

On Nov. 17, 2022, a letter to the editor written by Rossmiller ran in the Herald praising Bayer’s “thoughtful” and “proactive action” to provide equal and proportional interscholastic athletic competition for females […]. He went on to write that in his 18 years working for Title IX advocacy he had never experienced this level of “collaboration and cooperation from a school district superintendent."

He even called Bayer an “administrative asset to the district of the highest caliber,” and that she took on the “accountability and responsibility” to ensure that all students attending BCSD101 are treated with “equality, dignity and fairness ensuring an equal opportunity education regardless of their gender.”

After the survey results came and were sent to Rossmiller, he alleged that the survey was improperly done, since the district included males in the survey and that not 50% majority of the student population in the middle and high schools filled out the survey.

Bayer told the Herald that BCSD101 is responding to the complaint just not in the way that [Rossmiller] would like.

Bayer is doing research on Title IX to find different ways to fulfill requirements.

Bonners Ferry High School had a dance team some years ago. The team was cut after the job posting for the coaching position was up for a year with no applicants, Bayer said.

When it comes to tracking female participation, Bayer said there is a discrepancy in interpretations. At this time, Rossmiller has been tracking girls participating using the team rosters.

“We are doing everything within our power to track those numbers and offer activities to our female and male students,” Bayer said.

There is still some gray area when it comes to recognizing girl sports, such as wrestling, whether it should be counter as an interscholastic girls sport or is it a joint team like track and field. These are some of the questions the district is trying to answer.

BCSD is in the process of tabulating fall sports turnout numbers. Bayer was uncertain if Badger cheer participants would be counted, due to the sport just being recognized by IHSSA.

However, Bayer noted that the team has been competing interscholastic for the first time since 2019 and will be competing at the state competition this weekend.

On Jan. 30, Bayer along with administrators met and decided next steps and concerns, which included raising female proportionality to 30 more females in athletes, uniform/gear discrepancy, prime time games scheduling for next year and practice consistencies with sharing facilities for boys and girls sports.

Bayer has scheduled another meeting for Feb. 13 to discuss future facilities needed for each sport with all head coaches, administrators and principles. Title IX expectations will be discussed and outlined including proportionality, equitability and consistency.

The Booster Club has also been invited to hear Title IX compliance requirements.

On Jan. 26, Rossmiller sent Bayer a resolution agreement in which he outlined what he felt were appropriate terms and conditions that could be implemented in order to retract the complaint. One condition was implementing a new female sport that includes competition against other schools for the spring 2023 season. Spring sport tryouts are projected to take place on Feb. 27.

Bayer said she would not be signing a resolution due to it being a matter for the board of trustees. She added that since BCSD sports are paid through the M&O levy, a new sport could not be added administratively since it has not been approved by taxpayers.

Going forward BCSD will be re-evaluating how teams fundraise and the fund structure for sports. Additionally, the district will work with the booster club to spread funds across sports and discuss Title IX compliance.

Bayer said they will be looking at options for sports at the intramural level, the dance team will return and due to girls wrestling meeting growth goals, a girls coaching position will be added next year.

Last year the district and the wrestling program set a goal for female participation before adding a girls wrestling coach, Bayer said. They made the goal this year and there are seven or more eighth grade girl wrestlers coming up to the high school next year.

IHSSA recognized girls wrestling last year.

Outside from fundraisers, Badger sports and coaches are paid through the M&O levy. The current levy is dropping off and in March voters have the chance to approve or deny the levy.

BCSD special board meeting scheduled for today at 1 p.m. at the district office, 7188 Oak St., Bonners Ferry. Trustees will go into executive session per Idaho Code 74-206(1)(f) to discuss the Juul lawsuit. Juul is a vaping manufacture.

BCSD is hosting a Supplemental Levy (M&O) Community Presentation on Wednesday Feb. 15 at 6 p.m. at Bonners Ferry High School.