The Seattle Public Schools Board of Directors has passed a resolution to authorize Superintendent Ben Shuldiner and district legal counsel to pursue legal action against a voter-approved state initiative that would restrict participation in girls’ school sports based on biological sex.
The vote was taken Monday, Nov. 9, at a Special Board Meeting after Washington voters approved Initiative 638 in last week’s general election. About 56% of voters favored the initiative, according to unofficial election results on the Washington State Secretary of State website. The measure is scheduled to take effect Dec. 3, 2026.
The initiative would limit participation in girls’ school sports to students who meet its definition of biological sex. It also establishes a process for challenging a student’s eligibility.
Before the vote, school board director Joe Mizrahi laid out his personal concerns about the Initiative, as well as the board’s legal obligations to protect student privacy, prevent discrimination, and guarantee equal protection and access for all students in the district.
“Before I talk about the language behind the resolution, I want to state clearly that as a board director, I was opposed to Initiative 638. As a father of three daughters who play sports, I was opposed to 638,” Mizrahi said. “The vote we’re taking right now doesn’t have anything to do with how I voted on 638 or how any other board director voted on 638. This is actually about our responsibilities as school board directors.
“When we take our oath of office, we swear that we will support the Constitution of the United States and the laws of Washington State,” he said. “This resolution is attempting to sort that out and how we reconcile that oath with the language of Initiative 638.
“Washington already has important laws on the books: laws that protect student privacy, laws that guarantee equal protection and access to educational opportunities, laws that protect students from discrimination. Initiative 638 did not repeal any of those laws,” Mizrahi added. “All those laws still exist. And right now, I don’t see how we can implement the requirements of Initiative 638 without violating those other laws and constitutional protections. It raises serious questions about equal protection, student privacy, and whether we’re creating additional barriers for female student athletes to participate in school athletics. We can’t pick one new law to follow and disregard other laws. That’s not what our oath tells us to do.”
Mizrahi stressed that the board is not asking Shuldiner, superintendent, to “pick and choose” which Washington laws to apply in the district.
“We’re authorizing the superintendent, working with our legal counsel, to ask the courts to help resolve these serious legal questions, because we have an obligation to uphold all of the laws, and we have an obligation to protect students who are counting on us,” he said.
Under the initiative, a student whose eligibility is challenged would need a signed statement from a health care provider verifying biological sex. The measure identifies reproductive anatomy, genetic makeup, and naturally produced testosterone levels as criteria for determining eligibility. Although these provisions have raised concerns about invasive examinations and testing, the initiative does not explicitly require every girl participating in sports to undergo a genital examination, hormone test, or chromosome test.
The measure reverses a longstanding Washington policy, dating to 2007, that allowed transgender students to participate in school sports consistent with their gender identity.
The board previously expressed its opposition to Initiative 638. In September, directors unanimously approved a resolution opposing the measure before voters considered it.
Supporters of Initiative 638 argue that limiting girls’ sports to students classified as biologically female would protect fairness and safety in athletic competition.
Let’s Go Washington, the political action committee that backed the initiative, has maintained that the measure would not change existing medical requirements for student athletes.
The Gender Justice League, a Washington advocacy organization supporting transgender rights, is also considering legal action over the initiative.
With Initiative 638 scheduled to take effect Dec. 3, school districts have less than a month to prepare for the new requirements unless a court intervenes. The Seattle board’s passage of the resolution will determine how the district responds as questions continue about enforcement and potential legal challenges.
More information: Read the Washington Legislature’s official summary of Initiative 638 and visit the Seattle School Board website for meeting information.
