Serving the High Plains

TPS board declines to act on reproductive, gender policies

The Tucumcari Public Schools board declined to approve or even take a vote on final readings of policy reviews regarding gender identity and reproductive or gender-affirming health care.

Both items were on the agenda for the board’s Dec. 18 meeting. But when Vice President Matthew Pacheco — presiding over the meeting in place of absent President Heather Gonzales — asked for a motion on both measures, none was offered, much less a second.

After the board’s inaction, audience member Slik Knapp said: “I’d like to thank the board for being resilient … and doing the right thing.”

The board tabled final readings of both items during its October meeting after hearing opposition from seven residents. Board member Jerry Lopez said at the time he’d hoped lawyers or legislators would provide more clarity on what they should do with those issues.

The advisories were written by lawyers with the New Mexico School Boards Association. Both were one-sentence statements in response to laws passed earlier this year by the state legislature.

Advisory 233 reads: “Neither a public body nor a person or entity acting on behalf of or within the scope of authority of a public body shall discriminate against or interfere with a person’s rights or ability to access or provide reproductive or gender-affirming health care within the recognized medical standard of care.”

Advisory 234 reads: “The New Mexico Human Rights Act provides that a government entity (which includes local school boards) may not refuse or otherwise limit or place conditions on services provided to a person because of gender or gender identity (among other listed conditions).”

It wasn’t clear what consequences, if any, the TPS district might face by not affirming the policy advisories.

After the October meeting, assistant superintendent Dave Johnson said just one TPS student in the past five years changed his or her name and gender identity. That student no longer was enrolled.

Resident Ann Hall during the Dec. 18 meeting repeated constituents’ earlier complaints, including that the new laws take away parental rights. She said school officials and board members should be more vigilant about reading legislators’ bills.

“Think about your responsibilities as a school board member and superintendent,” she said.

Phillip Box asked whether board members had talked to lawyers to fight those issues.

During its November meeting, the San Jon school board approved final readings of those policy advisories on the recommendation of superintendent Alan Umholtz.

“If you don’t approve, the state will make you do it,” he said.

In October, the board of Logan Municipal Schools approved the advisories.

“The board took into consideration that these policies don’t require school staff to provide or arrange for such care, merely that school staff cannot discriminate against individuals who have received or wish to receive such care,” Logan superintendent Dennis Roch stated last week in an email.