The Eastern Lancaster County school board has enlisted a law firm with what critics say is a history of fighting against the rights of LGBT students to help implement, and potentially defend, its controversial student privacy policy.

Randall Wenger, chief counsel for the Independence Law Center, will provide the services for no cost. He’ll replace McNees, Wallace & Nurick, the district’s previous subcontracted solicitor for matters involving the policy.

“I’m glad to bring the expertise of the Independence Law Center to serve the Elanco School District,” Wenger, a Lancaster County native, said in a brief statement Wednesday.

The law center is affiliated with the Pennsylvania Family Institute, a Harrisburg-based nonprofit that supports “traditional, foundational principles and values essential for the well-being of society,” its website states.

The school board approved the move Monday by a 5-1 vote. Board Vice President Rodney Jones — an outspoken critic of the policy, which would force separation by biological sex in bathrooms and locker rooms — was the lone dissent.

During the meeting, Jones questioned Wenger’s influence and advised the board to seek more than one opinion.

Boyertown Area case

The Independence Law Center has represented a group of cisgender students — those who aren’t transgender — who sued the Boyertown Area School District over privacy issues following the district’s decision to allow transgender students to use facilities that align with their gender identity.

In May, the U.S. Supreme Court declined to hear the case, letting stand an earlier decision by the Third Circuit of Appeals, which ruled in favor of the school district.

Elanco currently allows transgender students to use bathrooms and locker rooms based on their gender identity, but the new school board policy would reverse that.

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Tabacco Mar 'The Supreme Court has allowed schools to move forward with policies that protect transgender students. Any legal advice to the contrary is based not on the law, but on misinformation and fear of people who are transgender.' - Ria Tabacco Mar

Critics speak out

The American Civil Liberties Union and Education Law Center are among the critics calling for Elanco to change the policy before it goes into effect at the beginning of the 2019-20 school year. They weren’t thrilled by Wenger coming aboard as a consultant.

"The Supreme Court has allowed schools to move forward with policies that protect transgender students," Ria Tabacco Mar, senior staff attorney for the ACLU, said. "Any legal advice to the contrary is based not on the law, but on misinformation and fear of people who are transgender."

ELC attorney Kristina Moon told LNP that transgender students “deserve and are entitled to support, not discrimination and harassment.”

“We look forward to the day that Elanco School District and other school districts across the state focus on affirming the rights of their transgender students — and making their schools inclusive and supportive places for all students — rather than instigating legal and policy challenges to the rights of these students,” she said.

‘Happy’ to have Wenger’s advice

In response to several questions sent by LNP, Elanco school board President Glenn Yoder said Wenger and his firm “have substantial experience, and I’m happy we could bring them on board.”

District Superintendent Bob Hollister has spoken out against the policy’s rule separating students by biological sex. When asked if he had concerns regarding the board’s decision, Hollister said he had no comment.

Hollister said Wenger will consult with the board on the proposed bathroom and locker room remodels, and “if there was any kind of legal procedure that would occur, he would be the person to represent us.”