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The Sudbury Public Schools (SPS) school district now has a Gender Identity and Inclusivity policy following a unanimous vote of the SPS School Committee on August 4. (Page 18)
The policy includes provisions governing parent and guardian engagement, student records and name/gender marker changes, facilities/bathrooms, physical education and athletics, gender-based activities, rules, policies, and practices, as well as education and professional development.
Prior to the vote, the committee sought legal review from district counsel; which is a standard part of their policy adoption process. A memo in the school committee’s meeting packet summarized the counsel they received “Legal counsel confirmed that the amended policy is compliant with Massachusetts law, including Chapter 76, Section 5, which prohibits discrimination on the basis of gender identity in public schools. Counsel also affirmed that school districts in Massachusetts remain legally required to implement inclusive policies supporting transgender and nonbinary students, consistent with DESE guidance and the February 2025 memo from Acting Commissioner Russell Johnston.”
The memo went on to share that legal counsel noted a conflict between state law and the policy positions of the current administration in Washington, D.C.; which was based on two executive orders. The memo stated “While the District is legally bound to follow Massachusetts law, the Committee should remain aware of this federal-state conflict and the potential implications for federal funding.” (Page 15 below)
The policy has been under formal consideration by the school committee and its policy subcommittee for nearly a year. On Monday, the discussion was brief and the policy was adopted unanimously.