Title IX has officially reverted to 2020 rules, stripped of the Biden Administration’s plans to expand protections based on gender identity and sexual orientation. Superintendents have mixed opinions about the decision.
As mentioned in our latest coverage, the department is now enforcing protections based on biological sex. The Trump Administration argues that former President Joe Biden’s attempt to overhaul Title IX was an “unlawful abuse of regulatory power” over K12 and higher education.
California State Superintendent Tony Thurmond argues otherwise.
“In California, ‘all’ still means all,” wrote Thurmond in a public statement responding to changes. “While the Trump Education Department announced that they will no longer protect all students from discrimination, California law is unaffected by recent changes to federal policy and continues to provide safeguards against discrimination and harassment based on gender, gender expression, gender identity and sexual orientation.”
He adds that while federal guidance continues to “devolve,” California remains committed to protecting students’ rights.
Meanwhile, Montana’s Superintendent of Public Instruction Susie Hedalen celebrates these changes, contending that Title IX is reverting to its intended purpose.
“Title IX was designed to guarantee fairness and equal opportunity for women in education settings, and today’s decision reinforces those protections,” Hedalen wrote in a public statement.
She argues that Montanans “expect and deserve” to see that female educational and athletic programs are protected and respected.
“Our state has always been a leader in protecting the integrity of women’s sports, and we will continue to work with schools to uphold these protections,” Hedalen adds. “Montana will stand firm in ensuring that fairness, safety and equal opportunity remain at the heart of education and athletics.”
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These are just a few examples of a longstanding battle between political parties about what should and shouldn’t be protected under Title IX. Last year, for instance, Oklahoma State Superintendent Ryan Walters urged school districts to ignore Biden’s Title IX rewrite.
In a letter to the state’s 542 school districts and charter schools, Walters wrote that the changes were “illegal and unconstitutional” and damaging for women.
“I expect there will be litigation filed soon challenging the validity of these rules,” he added.
South Carolina State Education Superintendent Ellen Weaver advocated for similar action.
“Now, under the guise of ‘fairness,’ the U.S. Department of Education seeks to expand the long-standing prohibition against discrimination based on ‘sex’ to include ‘sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity,” Weaver wrote in a letter to superintendents in April. “This is not fairness: it is fiat.”
If you’re unsure of what the Title IX revision means for your school district, we encourage you to read our latest coverage, which includes links to the 2020 Title IX factsheet and its guiding principles.
