WASHINGTON (CITC) — Multiple state leaders are advising their schools against following the Biden administration’s new Title IX regulations, raising concerns over their legality.
The U.S. Department of Education released its finalized Title IX regulations last Friday, largely rewriting the 1972 federal civil rights law most known for ensuring equal treatment in women’s sports. The new regulations, set to take effect on August 1, broaden Title IX to prohibit discrimination based on sexual orientation and gender identity in all educational institutions receiving federal funding.
Additionally, the rewrite reverses certain regulations put in place for handling sexual assault complaints enacted under the Trump administration, including expanding the scope of what constitutes as sexual harassment.
Education Secretary Miguel Cardona has celebrated the new regulations, asserting they build upon Title IX’s “legacy” by “clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.” However, leaders from four states have indicated they disagree with the sentiments.
Louisiana
In a letter penned to state school boards Monday, Louisiana State Superintendent Cade Brumley said the changes “recklessly endanger students and seek to dismantle opportunities for females.”
Brumley raised concerns the regulations contradict Louisiana’s Fairness in Women’s Sports Act, which requires students compete in sports based on biological sex.
While ED claims these new rules do not speak to sports, the new rules explicitly mentions athletics over 30 times,” he wrote. “Clearly, sports in Louisiana could be impacted by the new rules and, if implemented, create a conflict with Louisiana law.”
The superintendent is recommending school systems refrain from changing any policies or practices based off the new regulations, noting he and other state officials are still examining the 1,500-page document.
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Oklahoma
Oklahoma State Superintendent Ryan Walters warned school districts Wednesday adhering to the Title IX regulations could place them out compliance with existing federal and state statutes.
“In discussion with several other state education leaders and legal counsel, there are some serious concerns with the legality of these rule changes, especially as it relates to its redefinition of ‘sex’ to include gender identity,” Walters wrote in a letter. “Additionally, these rules could turn the act of not using preferred pronouns into a Title IX violation, which would be a clear violation of the First Amendment.”
Walters also noted state lawmakers are currently weighing legislation defining “man” and “woman” by biological sex. He claimed the bill, if passed, would put Oklahoma law and Title IX in direct conflict.
The state superintendent instructed school districts not to make any policy changes related to the Biden administration’s regulations, calling them “illegal and unconstitutional.”
South Carolina
South Carolina State Superintendent Ellen Weaver raised concerns over women’s rights Tuesday when recommending schools not implement the Title IX regulations. In a letter to district superintendents, she asserted the regulations are contrary to the “undisputed original understanding” of the law.
Worse yet, it turns the statute on its head and would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” Weaver wrote.
The state superintendent added that expanding Title IX to specifically include gender identity “compel[s] the speech of students and teachers” and places “massive legal uncertainty” on school districts.
Florida
Florida Gov. Ron DeSantis was the first governor to take a stand against the Biden administration when he announced Thursday his state “will not comply” with the Title IX regulations.
“We are not going to let Joe Biden try to…
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