Amherst-Pelham Regional School District says it will comply with court order to reinstate fired counselor
AMHERST — The Amherst-Pelham Regional School District says it will comply with a court order to reinstate a school guidance counselor fired amid allegations she misgendered transgender students.
Delinda Dykes challenged the firing and won reinstatement in August. The school district appealed, stating that it felt the arbitrator's conclusions "did not sufficiently consider the district's responsibility to ensure the safety and well-being of all students," according to a statement from the district Thursday.
Last month, Hampshire Superior Court Judge James M. Manitsas denied that appeal , citing Dykes' efforts to create a safe learning environment and saying reinstating her was in the best interests of students.
Dykes was fired in 2023 from her position at Amherst Regional Middle School. She was on paid leave at home while the court case was underway.
Some students use different pronouns to self-identify, but Dykes used incorrect names or pronouns, even when corrected, according to a Title IX investigation cited by the district.
Dykes, also a former interim principal at the school, was accused of having once remarked: "In the name of Jesus we pray that the LGBTQ gay demon that wants to attack and confuse these kids to leave this school now."
The arbitrator also said Dykes allegedly removed the nail polish a gay student had painted on another teacher's nail on the basis that "the kids were confused enough as it was." Dykes allegedly asked officials if she had to call a student a "potato sack" if that was what they requested.
The arbitrator ruled that the nail polish incident was not a remark directed at a student but an interaction between adults; the arbitrator also found that Dykes apologized, and some of the aggrieved students said she made an effort to do better.
Rather than making independent findings on the counselor's actions, the judge determined the court was "legally bound" to accept the arbitrator's factual findings, upholding that decision, the statement from the school district said.
"The Amherst-Pelham Regional School Committee acknowledges that this outcome will evoke strong reactions across the community. The committee emphasizes that the district's compliance with the court's ruling is a legal obligation, not a discretionary act by the committee or the superintendent," the statement said.
Superintendent E. Xiomara Herman said the district's focus will remain on its students.
"Every decision we make must protect their learning environment and affirm their right to feel safe, valued, and respected," she said. "As we comply with the court's ruling, we will continue to strengthen the systems that hold us accountable to those values, ensuring that all personnel honor and uplift the diverse identities of our students."
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