Central Valley School Board taps brakes on OSPI lawsuit over budget concerns

(The Center Square) – The Central Valley School District Board of Directors voted Monday to delay joining litigation against the state over alleged failures to follow proper rulemaking procedures in creating contentious policies.

The board approved a resolution, urging the Washington Office of Public Instruction, or OSPI, to follow the formal rulemaking process, but held off on its letter of intent. The nonbinding measure specifically calls out OSPI’s gender-inclusive policy and another limiting the district's ability to suspend or expel students.

The agency must provide public notice, opportunities to comment and establish a clear legal standard before adopting or amending policies, which the board claims never happened with either of the rules.

The Lynden School District recently filed suit against OSPI and sent a letter to other districts asking to sign on to the litigation. The Central Valley School District filed a civil rights complaint with the federal government against OSPI in May over the gender policy, with this litigation adding to the controversy.

“This is absolutely not about any policy at all; this is about the process of how they’re [creating] the policies,” Board Vice President Pam Orebaugh said. “Really tired of the ‘You must do … but we’re not going to do,’ and we want all of us to be under the letter of the law, us and all districts and OSPI.”

The hang-up on Monday wasn’t over disagreements with the nature of the lawsuit, but rather, taxpayer concerns. CVSD Superintendent Dr. John Parker told the officials that the initial stages of the litigation could cost upward of $10,000, potentially rising to $500,000 or so if the litigation escalates further.

All the participating districts would split those larger costs. CVSD taxpayers wouldn’t foot the entire bill. Still, Parker said Central Valley only has around $700,000 set aside for litigation this year, whether that be this lawsuit or any others that the district enters or has to defend itself against.

Board member Teresa Landa noted that funding more and more litigation was never a budget priority.

“It wasn’t part of our vision, and we had a lot of other things that were,” Landa said. “If we sign on at $5,000 to $10,000, we’re also signing our name that we are responsible for all of the future bills.”

For Lynden’s lawsuit to move forward, 15 other districts must sign on. Several have raised issues with OSPI’s gender-inclusive policy, which the federal government is currently investigating the state over.

According to OSPI handouts, the right to choose one’s gender identity belongs to the student, “not to the parent.” While consistent with state law, the gender-inclusive policy contradicts President Donald Trump’s recent executive orders, which threaten funding for schools that socially transition children.

“My office will enforce our current laws as we are required to do until Congress changes the law and/or federal courts invalidate Washington state’s laws,” State Superintendent Chris Reykdal wrote in a statement to The Center Square in May. “Unless, and until that happens, we will be following Washington state’s laws, not a president’s political leanings expressed through unlawful orders.”

CVSD and others have found themselves pitted between a rock and a hard place; they can adhere to state law and risk losing federal funding, or follow federal law, potentially missing out on state dollars.

The board voted to reconvene sometime in the next week after the officials have had time to talk with legal staff about the financial obligations of signing the letter of intent to sue OSPI with Lynden.

“It’s of vital importance that every time policies are created based on the law,” Board President Stephanie Jerdon said, “that OSPI follow those rules, that rulemaking process, at that time, not posthumously.”