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Seattle Schools Seek Legal Clarity on Transgender Sports Ban as December Deadline Looms

Superintendent Ben Shuldiner says Initiative 638 may conflict with state privacy and anti-discrimination laws, and the district is weighing a lawsuit, an amicus brief, or talks with the ACLU before the law takes effect Dec. 3.

Seattle Schools Seek Legal Clarity on Transgender Sports Ban as December Deadline Looms

Seattle Public Schools is moving to clarify how it can comply with Washington's new transgender sports ban, with Superintendent Ben Shuldiner saying the measure may collide with existing state privacy and anti-discrimination protections.

In his first public remarks since the Seattle School Board authorized possible legal action, Shuldiner said the district is examining options that include filing a lawsuit, submitting an amicus brief, or holding legal discussions with litigants such as the American Civil Liberties Union, which has already sued over the measure.

"The privacy laws are part, and there is an issue around discrimination laws, which is part two, and there is another case; this is where a school district would come in undue burden on us having to enact certain things," Shuldiner said.

Voters approved Initiative 638 last week by nearly 12 percentage points, with 55.83% in favor and 44.17% opposed. The law bars transgender girls from participating on girls' school sports teams and requires students on girls' teams to verify their sex. It is scheduled to take effect Dec. 3.

The school board voted in September to oppose the initiative and, at a special meeting on Monday, gave Shuldiner the authority to hire lawyers and pursue legal action if he deems it necessary.

"I firmly support the board's action in giving me authority to take legal action," Shuldiner said. "I really believe what they are asking me to do is get clarity."

He added that he supports following both the law and the voters' decision. "I very much believe in following the will of the people and the law," he said. "My job is to focus on all 50,000 of our children in creating a safe, warm and loving environment."

The ACLU's lawsuit argues that Initiative 638 violates Washington's constitution and civil rights laws. The district has not set a timeline for deciding what type of legal action it might take.

The dispute reflects a broader shift in the debate over the measure from the ballot box to the courtroom, with the state's largest school district now weighing how to implement a law it formally opposed while safeguarding students and complying with its legal obligations.

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