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'Lightning rod for litigation': AG sues Wentzville School Board, says transgender bathroom policy was discussed behind closed doors

The lawsuit was filed after two school board members filed a complaint regarding the closed meeting.

WENTZVILLE, Mo. — Missouri Attorney General Andrew Bailey filed a lawsuit against the Wentzville School Board saying it violated the state's open meetings law by discussing transgender bathroom policy behind closed doors.

The lawsuit was filed after two school board members filed a complaint regarding the closed meeting. Both were hired in April 2023. 

It’s a whistle-blower case that is pitting school board members against each other.

Both school board members said in an affidavit that they objected to discussing the transgender bathroom usage policy in a closed meeting, stating that the discussion should be saved for a public meeting. The members stated multiple times in the closed meeting that the discussion should be discussed and voted on after hearing from district parents.

"The conversation included board members expressing their general policy positions on the issue, the role of government in the lives of students, and how the Board could not have this discussion in front of parents or the community," the affidavit said. 

According to the lawsuit, a school board member said that policy couldn't be discussed in an open session because it would be "a lightning rod" for litigation. The lawsuit states that a motion to table the vote and discussion passed unanimously in the closed session. 

Bailey alleged in the lawsuit that deliberation over the policy "exceeded the lawful closed public meeting exception."

The Wentzville School District released the following statement regarding the lawsuit: 

The Wentzville R-IV School District Board of Education has not been served a copy of the lawsuit. Generally, the District and the Board do not comment on active litigation but always take matters of this kind very seriously.

The Board of Education has adopted policies that demonstrate its commitment to Missouri Sunshine Law compliance and strives to faithfully adhere to those policies and the law.

Bailey said more than 40 community members filed formal complaints with the attorney general’s office.

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