The Fairfax and Arlington school districts in Virginia sued Education Secretary Linda McMahon Friday over her move to classify them as 鈥渉igh-risk鈥� over their transgender policies.

Their complaint noted that the additional oversight of spending came just two days after the U.S. Court of Appeals for the Fourth Circuit, in a , reaffirmed its ruling in Grimm v. Gloucester County Board of Education, which gives trans students the right to use restrooms that align with their gender identity.听

That decision 鈥渞emains the law in Northern Virginia as well as the rest of the Circuit,鈥� they wrote.听听

In a statement, Fairfax County Public Schools Superintendent Michele Reid called the lawsuit a step toward ensuring 鈥渢hat hungry children are fed and that student access to multilingual, special education, and other essential services is not compromised.鈥�

Virginia Gov. Glenn Youngkin has tried since 2022 to get the suburban D.C. school districts in his state to end their policies accommodating transgender students.

Last week, the Trump administration offered considerable firepower to his cause when it announced it would require the five districts to justify every dollar they spend in order to receive federal funding. In a stern , Education Secretary Linda McMahon said Alexandria, Arlington, Fairfax, Loudoun and Prince William 鈥� the five northernmost districts closest to the nation’s capital  鈥� are 鈥渃hoosing to abide by woke gender ideology in place of federal law.鈥� 

But even as McMahon placed them on 鈥渉igh-risk鈥� status, their leaders policies that allow students to use bathrooms and locker rooms that align with their gender identity, meaning the Republican governor might leave office in January without accomplishing his goal.

Grace Turner Creasy, president of the Virginia Board of Education, said it鈥檚 鈥渁nyone鈥檚 guess鈥� whether the department鈥檚 move will change the outcome. District leaders say they are following state law and the most current federal court opinion on the issue. 

The state鈥檚 position on the matter might also shift in the next few months with Youngkin ineligible to run again in November. Democrat Abigail Spanberger, who is , hasn鈥檛 addressed the controversy, while  Lt. Gov. Winsome Earle-Sears has , much as Youngkin did in 2021 when he appealed to parents angry over pandemic school closures and 鈥渃ritical race theory.鈥� 

The department鈥檚 action against the Virginia districts is part of an effort by President Donald Trump to force states and districts to comply with his stating that the federal government only recognizes two sexes. Following that move in January, the Education Department said it wouldn鈥檛 enforce the Biden-era Title IX rule, which expanded protections for transgender students.

On Thursday, Trump to pull all federal funding from 鈥渁ny California school district that doesn鈥檛 adhere to our Transgender policies.鈥� The administration is already suing and on trans students鈥� participation in women鈥檚 sports. 

The conflict with the Virginia districts has been building since February when the department launched a probe into their policies. In July, officials found them in and gave them 10 days to change their rules and 鈥渁dopt biology-based definitions of the words 鈥榤ale鈥� and 鈥榝emale鈥� in all practices and policies relating to Title IX.鈥�

They refused, and with roughly $50 million for low-income students, special education and other programs at risk, last week鈥檚 move escalated the dispute to a new level.  

鈥淵ou鈥檙e going to continue to see the Trump administration put 鈥� pressure in a variety of ways that affect funding. It feels like all options are on the table,鈥� said W. Scott Lewis, managing partner with TNG Consulting, which trains districts across the country on Title IX. He added that where the Education Department directs its enforcement 鈥渕ay vary by state, depending on gubernatorial and state house control.鈥�

鈥楾otally atypical鈥�

The penalty is severe, experts said. The high-risk label is usually reserved for districts or states in serious financial trouble. 

In 2006, the Education Department slapped that designation on the for mismanaging money, including federal grants and charter school funds.

In another example, the Michigan Department of Education placed the in high-risk status after a found the district misused over $53 million. The district spent Title I funds, for example, on equipment and building improvements the state didn鈥檛 approve, paid vendors more than the amount of their contracts and couldn鈥檛 produce invoices and receipts for multiple transactions. The district remained under federal oversight for five years. 

In this case, the added layer of scrutiny isn鈥檛 because of suspected mismanagement of the grant funds themselves; it鈥檚 an ideological disagreement. David DeSchryver, senior vice president of Whiteboard Advisors, a consulting firm, called the action 鈥渢otally atypical in terms of scale.鈥�

With the school year just starting, the question is whether any 鈥渘ew hurdles鈥� might slow down the reimbursement process, said Dan Adams, spokesman for the Loudoun County Public Schools. In a statement, the Virginia Department of Education said it 鈥渨ill closely scrutinize any future requests鈥� for funding. 

At least one of the five superintendents, Arlington鈥檚 Francisco Dur谩n, told the public at a that he鈥檚 prepared to take legal action if the district鈥檚 funding is challenged. 

But conservatives view McMahon鈥檚 approach as accountability for districts that are defying the president. 

鈥淏y refusing to reverse your reckless policies, you are failing our daughters and risking losing millions of dollars in funding,鈥� Earle-Sears said at Arlington鈥檚 board meeting. 鈥淎s governor, I will not stand by while political correctness tramples over science, fairness and safety.鈥�

The district has faced criticism over in which a registered sex offender identifying as a transgender woman used a women鈥檚 locker room at Washington Liberty High School. The school鈥檚 indoor pool is open to the public after school hours, and Dur谩n said officials were unaware the person was a registered offender. 

Ginny Gentiles, an Arlington parent and a school choice expert at the conservative Defense of Freedom Institute, said the districts are 鈥渃linging to activist-drafted policies that allow males to self-ID into female spaces,鈥� but that she hopes officials will listen to those concerned about women鈥檚 and girls鈥� safety.

She urged community members to closely monitor expenditures.

鈥淪chool board leaders clearly intend to spend taxpayer dollars on inevitable court cases and likely expensive legal fees,鈥� she said. 

Earle-Sears also joined on Wednesday, where district officials threatened to suspend two boys for sexual harassment and sex discrimination. They complained last spring when a student identifying as a trans boy used the locker room to change and videotaped them.

鈥楩ederal overreach鈥�

Some observers say the battle between Washington and its neighboring districts is more than a culture war. Kristen Amundson, a former Democratic state lawmaker and Fairfax County school board member, said the administration is trying to exert control over blue cities. 

鈥淭his is not about trans kids; this is about federal overreach,鈥� she said. She cited patrolling Washington and of the Kennedy Center Honors as further examples. 鈥淒o you see the pattern here?鈥�

The impasse also comes at a difficult time for the state鈥檚 Republicans, which tend to elect governors from the party that鈥檚 . Northern Virginia already votes predominantly blue, and residents, Amundson said, are especially angry at Washington. 

鈥淭hey have seen thousands of parents lose their jobs鈥� because of and 鈥減arents snatched off the streets鈥� in , she said. 

For Earle-Sears, a , the debate over trans students is a key campaign issue. In contrast, Spanberger, who has three school-age daughters, has an focused on improving instruction in public schools and addressing teacher shortages. 

Anne Holton, former secretary of education under Democratic Gov. Terry McAuliffe, called the issue a distraction 鈥渇rom the issues that parents really care about,鈥� like employing high-quality teachers and preparing kids well for college or a career. 

For now, districts say they are complying with the . Enacted in 2020, it allows anyone to use facilities that align with their gender identity.  In addition, the Trump administration鈥檚 policies, they say, conflict with the U.S. Court of Appeals for the Fourth Circuit鈥檚 opinion in Grimm v. Gloucester County School Board. 

That鈥檚 been their position since 2022, when Youngkin issued stating that students must use bathrooms and locker rooms that match the sex they were assigned at birth. A year later, Jason Miyares, the state鈥檚 attorney general, that the governor鈥檚 rules didn鈥檛 violate state or federal anti-discrimination laws. Yet district policies remain unchanged.

In Grimm, the court ruled that the district鈥檚 transgender bathroom ban was unconstitutional. The U.S. Supreme Court in 2021 in that case. In its upcoming term, the Supreme Court will hear lawsuits from West Virginia and Idaho that test whether states can ban transgender girls from competing in female sports.

Those cases 鈥渨ill further clarify Title IX鈥檚 application,鈥� Arlington鈥檚 Dur谩n said at last week鈥檚 board meeting. 鈥淏ut in the meantime, our policy will remain in place in alignment with state and federal law, and we are prepared to defend it and our federal funding if challenged.鈥� 

Beyond promoting equal opportunity in academics, sports, and extracurricular activities, Title IX is designed to uphold protections for those who experience sexual harassment and assault. However, the return to Trump鈥檚 2020 Title IX rule is a significant setback in progress and will put these students at much higher risk.

Now, survivors will again face difficult barriers coming forward because of burdensome standards of proof and a limited scope of what constitutes sexual harassment and assault. Schools will also have less authority to conduct thorough and prompt investigations of complaints, leaving survivors with fewer options and less support, further discouraging reporting and perpetuating a culture of silence on campuses. 

Compounding these concerns, the U.S. Department of Energy has recently to roll back certain Title IX regulations aimed at combating sex discrimination in education programs and sports. This move includes rescinding rules that encourage educational institutions to address gender disparities, particularly in STEM fields, where women remain underrepresented. 

Simply put, Trump鈥檚 second term has moved beyond a repeat of his 2020 changes. The radical act of dismantling the Education Department, or stripping its Office of Civil Rights, would endanger the remaining scope of Title IX by making it harder to hold educational institutions accountable for fostering environments where women can learn and thrive free from discrimination or violence.

Without federal oversight, schools’ compliance with Title IX would go unmonitored, resulting in a system in which institutions may be allowed or emboldened to violate the law. Alone, many state and local education agencies lack the resources, expertise, or political will to adequately enforce Title IX鈥檚 protections. Women and girls would see the loss of critical resources designed to combat discrimination and violence, while also encountering barriers to full participation in sports and extracurricular activities. 

The administration鈥檚 cuts and policy shifts deliberately affect women and other students from marginalized groups, including LGBTQ students and those from ethnic and racial minorities, who also rely on the protections afforded by Title IX to ensure access to a fair and equal education. 

Beyond reverting to outdated, harmful regulations, the administration has sent a message that addressing gender discrimination and violence is no longer a priority for our country鈥檚 educational system. In a time when gender-based violence is a pervasive issue, dismantling the safeguards that were designed to protect students is not just short-sighted, it is dangerous.

Without institutional accountability for addressing sexual harassment, assault, and discrimination, survivors may experience long-term trauma, academic setbacks, or even drop out 鈥� disrupting educational and career trajectories. 

Likewise, the Department of Energy鈥檚 proposed changes would not only weaken the foundation for equal participation in federally funded programs but also signal a broader federal retreat from enforcing civil rights in education. These rollbacks bypass traditional public notice and comment periods, raising questions about their legality and transparency. 

The consequences are stark: fewer opportunities for women and marginalized groups in education and athletics, and a diminished federal commitment to combating sex discrimination in areas critical to career development and economic equality.

Discrimination in education frequently leads to fewer opportunities to pursue high-paying jobs, deepening gender and racial wage gaps over time. Furthermore, when these behaviors are accepted in schools, they can carry over into professional settings, perpetuating harmful work environments.

The path forward requires reinstating and strengthening the protections enshrined in Title IX, particularly to recenter survivors. We also need a DOE that ensures schools not only comply with the law, but also emphasize justice, fairness, and support.

A federal court has ordered the U.S. Department of Agriculture to restore funding to Maine, granting the state鈥檚 request for a temporary restraining order.

The ruling marks Maine鈥檚 first legal victory against federal sanctions imposed over its policies on transgender athletes 鈥� policies the Trump administration argues violate Title IX, the federal law prohibiting sex-based discrimination in education. At issue is Maine鈥檚 decision to allow transgender athletes to participate in girls鈥� sports, which the federal government claims is unlawful under its interpretation of Title IX.

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After the USDA earlier this month, Attorney General Aaron Frey on Monday filed a complaint in U.S. District Court seeking to reinstate access to the money this Monday. Four days later, Judge John Woodcock Jr.听 granted the emergency request, finding that Maine had shown it would suffer 鈥渋rreparable harm鈥� and that the USDA had failed to follow legally required procedures before halting the funding.

In a statement after the ruling, Maine Attorney General Aaron Frey said the order 鈥渃onfirms the Trump Administration did not follow the rule of law when it cut program funds that go to feed school children and vulnerable adults.鈥�

鈥淣o one in our constitutional republic is above the law and we will continue to fight to hold this administration to account,鈥� Frey said.

Unlike other federal agencies that opened civil rights investigations into Maine鈥檚 policies, the USDA acted without launching a formal probe. On April 2, USDA Secretary Brooke Rollins that the department was freezing certain federal funds used for school administrative and technological functions. The move was based solely on the department鈥檚 view that Maine was out of compliance with Title IX, according to Rollins鈥� letter.

The U.S. Departments of Education and Health and Human Services had separately found Maine in violation of federal law after short investigations. But the state has pushed back, insisting that its trans-inclusive policies are consistent with both Title IX and legal precedent.

In a to Bradley Burke, regional director of the Education Department鈥檚 Office for Civil Rights, Assistant Attorney General Sarah Forster cited court rulings affirming the rights of transgender athletes.

鈥淣othing in Title IX or its implementing regulations prohibits schools from allowing transgender girls and women to participate on girls鈥� and women鈥檚 sports teams,鈥� she wrote. 鈥淵our letters to date do not cite a single case that so holds.鈥�

Judge Woodcock鈥檚 ruling does not address the substance of the transgender athlete policy. Instead, it focuses solely on the federal government鈥檚 failure to follow due process.

鈥淚n ruling on the State鈥檚 request, the Court is not weighing in on the merits of the controversy about transgender athletes that forms the backdrop of the impasse between the State and the Federal Defendants,鈥� Woodcock wrote. 鈥淭he Federal Defendants froze the appropriated funds without observance of procedure required by law.鈥�

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Maine Morning Star maintains editorial independence. Contact Editor Lauren McCauley for questions: info@mainemorningstar.com.

The U.S. Department of Education said it is moving to strip federal K-12 education funding from Maine due to what it called the state鈥檚 refusal to comply with Title IX, the law that bans sex discrimination in education.

The Friday announcement followed a department investigation into the state鈥檚 policies governing transgender athletes. Those investigations determined that the state was in violation of Title IX, which the state has denied.

鈥淭he Department has given Maine every opportunity to come into compliance with Title IX, but the state鈥檚 leaders have stubbornly refused to do so, choosing instead to prioritize an extremist ideological agenda over their students鈥� safety, privacy, and dignity,鈥� .

The move represents an unprecedented attempt by the federal government to speedily take away K-12 funding that has been appropriated by Congress and is firmly grounded in federal law. President Donald Trump has made trans athletes a major political issue and has used the federal government to root out gender-affirming policies in the early days of his second term.

The federal Education Department said it is starting an administrative proceeding to take away Maine鈥檚 K-12 funding, including formula grants 鈥� which include funding streams like Title I for high-poverty schools and IDEA grants for students with disabilities 鈥� as well as discretionary grants. on elementary and secondary education in recent years, the Maine Monitor reported. In addition, the federal department said it has referred the results of its Title IX investigation to the U.S. Department of Justice for 鈥渇urther enforcement action.鈥�

The Department of Health and Human Services had already referred its investigation that found Maine in violation of Title IX to the Justice Department.

Earlier on Friday, the Maine state attorney general鈥檚 office drafted by the Trump administration in the wake of the investigation. That proposed agreement , including that Maine must strip any trans girl who鈥檚 ever placed in a Maine girls sports competition of her title and give it to the athlete behind her, along with an apology letter.

The federal Education Department did not immediately respond to several questions from Chalkbeat.

This story was originally published by Chalkbeat. Chalkbeat is a nonprofit news site covering educational change in public schools. Sign up for their newsletters at .

The conflict between the state of Maine and the Trump administration over transgender student athletes reached a new pivot point on Monday. As the first of several deadlines set by the federal government has now expired, whether Maine can continue to allow trans athletes to participate in school sports appears likely to be decided by the courts.

Two separate federal agencies determined that Maine is in violation of Title IX based on the Trump administration鈥檚 interpretation of the anti-sex discrimination protection.

The U.S. Department of Education鈥檚 Office for Civil Rights issued a final warning Monday to the Maine Department of Education regarding its directive for allowing trans girls to participate in girls鈥� sports.

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If the state does not propose an agreement that鈥檚 acceptable to the office by April 11, the case will be referred to the Department of Justice, the letter said.

Meanwhile, a by the U.S. Department of Health and Human Services鈥� civil rights office that found Maine in violation of Title IX for 鈥渃ontinuing to unlawfully allow鈥� trans girls to compete in girl鈥檚 sports has been referred to the U.S. Department of Justice, according to a Monday from the agency.

In a letter dated March 17, HHS had given Maine a deadline of 10 days to comply with federal guidance. Monday marked ten business days from that warning.

Both agencies determined that Maine had violated federal law after dayslong investigations that included no interviews, while typical investigations take months and are eventually settled with resolution agreements. The probes were launched after Gov. Janet Mills and President Donald Trump had a over the state鈥檚 trans athlete policy. Millions of dollars in federal funding might be at risk, depending on how the cases proceed.

鈥淲e just need an answer at this point as to, 鈥楧oes the Trump administration have the authority to do what it鈥檚 doing when it comes to fast tracking the removal of federal funds?鈥欌�� said Jackie Wernz, a former OCR lawyer for the Education Department who now represents school districts nationwide in these types of cases.

鈥淭his is just unprecedented, and we鈥檙e not following the process that we鈥檙e used to. So I think it鈥檚 going to be really helpful for courts to start weighing in on whether or not they have the authority to do this.鈥�

Meanwhile, Republican state lawmakers said in a news conference on Tuesday that they want the state to repeal trans students鈥� rights to athletics, locker rooms and bathrooms, and to roll back inclusion of gender as a protected class in the Maine Human Rights Act.

鈥淭he problem is that the term gender identity and the Human Rights Act is being interpreted way too broadly by the left,鈥� said Senate Minority Leader Trey Stewart (R-Aroostook). 鈥淎nd what it鈥檚 saying is there鈥檚 no boundary between men鈥檚 and women鈥檚 spaces.鈥�

Rep. Michael Soboleski (R- Phillips) said he is introducing a bill to remove consideration of gender identity from the act, and asked Democrats and Mills to support the legislation in order to avoid the risk of losing federal funding.

Earlier this year, Iowa became the first state in the nation to remove civil rights from a state law when its Legislature from its civil rights act.

鈥淭his is not sustainable,鈥� Stewart said. 鈥淲e鈥檙e a poor state. We are heavily reliant on federal money. The governor needs to move on this.鈥�

On March 19, the Department of Education鈥檚 civil rights office Maine of its noncompliance and proposed a resolution agreement that would require the state to rescind its support of trans athletes, which is currently required by the Maine Human Rights Act. A Cumberland-area school district and the Maine Principals Association, which runs student athletics, that were have already refused to sign the agreement.

This development is part of a broader effort by the Trump administration to enforce Title IX provisions concerning gender and athletics. Earlier this year, the administration launched investigations in several other states for similar policies allowing trans athletes to compete in alignment with their gender identity.

Title IX, the federal law banning sex-based discrimination, does not reference trans people directly, but the Trump administration has interpreted Maine鈥檚 policy as discrimination against cisgender girls.

Rachel Perera, a fellow in the governance studies program for the Brown Center on Education Policy at national think tank The Brookings Institution, said the Trump administration鈥檚 interpretation of Title IX leaves room for questioning. If the policy goes to trial, she said federal courts may come up with a clearer interpretation.

鈥淚t鈥檚 going to be really important to see how Maine proceeds, because they鈥檙e sort of setting the tone in terms of these other states and other localities who are going to be trying to navigate these very same dynamics,鈥� she said.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Maine Morning Star maintains editorial independence. Contact Editor Lauren McCauley for questions: info@mainemorningstar.com.

The White House on Wednesday said it had “鈥� $175 million in federal funding from the University of Pennsylvania after a transgender swimmer, Lia Thomas, in 2022 won several medals in Division I women’s swimming.

Also on Wednesday, the U.S. Education Department said its Office of Civil Rights had that the state of Maine violated federal Title IX anti-discrimination law after Katie Spencer, a young transgender pole vaulter, won a state championship last month. The department said Maine could jeopardize federal funding if it doesn鈥檛 鈥渟wiftly and completely鈥� reverse its policies.听

Protests followed after Thomas and Spencer听began competing in women鈥檚 competitions and fared better than they previously had in men鈥檚听events.

The moves follow through on a promise Trump made 16 days after his second inauguration, when he issued an threatening to rescind federal funding from schools that let transgender women play on women鈥檚 sports teams

As with other aspects of Trump鈥檚 presidency, it leaves institutions in the unenviable position of caving before an increasingly aggressive White House 鈥� or fighting back in federal court, where many of the legal issues remain unsettled and, in a few cases, have actually favored trans students.

The order鈥檚 practical effect: confusion, especially in the roughly half of states that allow transgender athletes to compete in sports consistent with their gender identity. These state laws and policies now face a powerful conservative backlash that sees trans athletes鈥� participation at every level as patently unfair and itself, and seeks to remove them 鈥� and their accomplishments 鈥� altogether.

Leading the charge: the education department鈥檚 Office of Civil Rights, which has opened more than half a dozen investigations in two months. Along with probes of anti-semitism, trans athletic policies now dominate OCR鈥檚 investigative portfolio, despite to the office by Elon Musk鈥檚 Department of Government Efficiency.

Jackie Gharapour Wernz, a former OCR attorney who now consults for educational institutions, called the new administration鈥檚 approach 鈥渦nprecedented 鈥� but it’s not even just unprecedented. It’s so much further beyond precedent that it just feels like we’re in a completely different world at this point.鈥�

鈥淚’ve never seen anything like this,鈥� she said.

鈥楩airness and safety鈥�

Penn, Trump鈥檚 alma mater, late Wednesday said it had not received any notification or details of the action. But a spokesperson told the that the university 鈥渉as always followed NCAA and Ivy League policies regarding student participation on athletic teams.”

A spokesperson for the Maine Department of Education did not immediately respond to a request for comment. 

As with Maine, several states are finding that adhering to their own laws can invite a federal investigation 鈥� and an abrupt cut in aid 鈥� from an administration that is comfortable calling out educators who they see as failing to protect young women in sports. 

The complexity in many ways mirrors public perception. Recent , for instance, find that while 56% of Americans support policies that protect trans people from discrimination in jobs, housing and public spaces, 66% favor laws and policies that require trans athletes to compete on teams that match their sex assigned at birth. 

鈥淎s a parent, I鈥檓 concerned about fairness and safety for my girls in sports,鈥� said Tiffany Justice, a co-founder of Moms for Liberty and a mother of four. Allowing 鈥渂iological males鈥� to compete in women鈥檚 events, she said, 鈥渦ndermines the level playing field鈥� that federal regulations were meant to protect, 鈥済iven the inherent physical advantages men have.鈥�

In 2025, the issue no longer falls entirely along ideological lines. Democratic California Gov. Gavin Newsom has said transgender athletes playing in women鈥檚 sports is 鈥溾�� to female athletes. 

States evenly divided

Title IX prohibits sex discrimination in education programs that receive federal funding, but whether that applies to trans students and athletics remains an open question. President Biden in 2022 put forth a sweeping set of changes protecting students against discrimination based not just on sex but on sexual orientation and gender identity, in effect making transgender students a protected class. But the proposal sidestepped the question of athletics, with administration officials at the time saying those regulations would come soon. 

They never came, and the Title IX protections for LGBTQ students have been repeatedly struck down by the courts. Biden put forth a draft rule to protect transgender athletes that acknowledged fairness issues but suggested they could be solved on a case-by-case basis. He last December in advance of Trump鈥檚 second term.听

The Republican-controlled House of Representatives approved a transgender ban on women鈥檚 and girls鈥� sports, but the Senate a bid to consider it earlier this month, leaving educators in many states to figure it out on their own.

Add to that in federal courts that have upheld the rights of trans athletes, said Wernz, and schools are in 鈥渁n incredibly tough position,鈥� especially considering Trump鈥檚 order. 

State laws are on the subject: 23 states and the District of Columbia allow transgender students to play on sports teams consistent with their gender identity.

Five days after Trump鈥檚 executive order, , which oversees sports in public and private schools, that it was banning trans athletes from participating in girls鈥� sports, saying schools needed 鈥渃lear and consistent direction鈥� on the issue. For more than a decade, the group had allowed trans athletes to play via a waiver if they undertook sex reassignment before puberty or if they did hormone therapy, among other requirements.

The league, which oversees 318 schools and about 177,000 students, said just five students applied for waivers last year.

In addition to Maine and Penn, OCR is investigating state athletic associations in California and Minnesota, where officials have said they鈥檒l continue allowing trans athletes to compete on teams that match their gender identity. On March 3, it announced an into a school district in Washington State that allowed a trans player to compete in basketball last month.

It鈥檚 also San Jose State University and the Massachusetts Interscholastic Athletic Association for what it says are violations of Title IX.

Wernz, the former OCR attorney, who worked in both the Obama and Trump administrations, said schools and districts must now decide, 鈥溾�楧o we comply with the federal courts, or do we comply with the Department of Education?鈥� Frankly it’s a pretty new situation.鈥� 

鈥榃e鈥檒l see you in court.鈥�

To many, the case of Thomas, the Penn swimmer, has come to epitomize the current complications. In 2022, Thomas, who鈥檇 on the men’s team before transitioning in 2019, rose from 554th-ranked in the 200-yard freestyle to fifth. In the 500-yard freestyle, she rose from 65th as a male athlete to first in women鈥檚 competition.

While Penn and several teammates supported her during the process, three former Penn swimmers to remove Thomas鈥� achievements from the record books.

Pennsylvania鈥檚 interscholastic athletics governing body recently its policy to recognize Trump鈥檚 executive order, but the Philadelphia School District said it鈥檒l ignore the change in favor of its own policy, adopted in 2016, which allows trans athletes to play in sports that match their gender identity. 

While a few experts say that could jeopardize an estimated $216 million in Title I funding, Philadelphia civil rights attorney noted that Trump鈥檚 executive order doesn鈥檛 carry the weight of law 鈥� or supersede Title IX, state law or multiple court decisions that have sided with trans students.

She said Trump 鈥渉as been purposely sowing a lot of chaos and confusion,鈥� with schools fearful of losing federal funds.

The push to ban trans athletes comes despite the fact that vanishingly small numbers of these students are pushing to play. Shortly after Trump issued the executive order, NCAA President Charlie Baker said the organization would to restrict female athletic competitions solely to student athletes 鈥渁ssigned female at birth.鈥� Several sports associations followed suit, even though Baker last year told Congress that of the more than 500,000 students it represents, fewer than 10 are transgender.

Chris Young, the principal of , a 720-student regional school in Newport, Vt., near the Canadian border, rarely thinks about the topic. He knows that if trans female athletes in Vermont want to play girl鈥檚 sports teams, they can. Though he has no trans athletes on his roster, Vermont says treating students differently is illegal. 

In an interview, he recalled several conversations with students asking whether it鈥檚 fair that a young person who鈥檚 transitioning from male to female could gain a competitive advantage in sports. 

鈥淢y response is, 鈥楴o one does this as a choice. It’s who they are, and it’s an incredibly difficult road to go down if you are a transgender athlete,鈥欌�� he said. 鈥溾�楴o one chooses that because it’s easy, and no one chooses that because they want to win a state championship or set a record. That’s just not how it works.鈥欌��

But when trans athletes like Thomas win at nearly any competition, the backlash is often outsized. In Maine, Spencer, the transgender pole vaulter, in mid-February won the Class B state championship in pole vaulting with a jump of 10 feet, 6 inches 鈥� more than six inches higher than the next competitor. That led state Rep. Laurel Libby, a Republican, to post on X that in a previous season, as a male athlete, Spencer had in the event.

The issue a few days later, when President Trump got into a televised spat with Maine Gov. Janet Mills, a Democrat, during a meeting of governors at the White House. With Mills鈥� colleagues looking on, Trump called her out, asking if she鈥檇 comply with his executive order.

Mills said she鈥檚 鈥渃omplying with state and federal laws.鈥� Maine bars discrimination based on gender identity.

Trump responded, 鈥淲e are the federal law,鈥� and threatened to pull Maine鈥檚 federal funding. 

鈥淲e鈥檒l see you in court,鈥� she replied.

Later that day, the education department . Days later, the administration released a that all but foretold the outcome, saying it鈥檚 鈥渟hameful鈥� that Mills 鈥渞efuses to stand with women and girls.鈥� 

For her part, Mills says no president can withhold funding authorized by Congress 鈥渋n an attempt to coerce someone into compliance with his will.鈥� 

In a , she added, 鈥淢aine may be one of the first states to undergo an investigation by his Administration, but we won鈥檛 be the last.鈥�

WASHINGTON 鈥� The U.S. Senate failed to advance a measure Monday night that would bar transgender students from participating on women鈥檚 school sports teams consistent with their gender identity.

The bill would help codify into law President Donald Trump鈥檚 , which carries out this exact ban and threatens to rescind federal funds from 鈥渆ducational programs鈥� if schools .

The move also reflects a broader GOP-led push to enact . Across the country, an increasing number of states have passed laws banning trans students from participating in sports that align with their gender identity.

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The party-line 51-45 vote could not garner 60 senators to break through the legislative filibuster.

Four senators did not vote, including Republican Sens. Shelley Moore Capito of West Virginia and Cynthia Lummis of Wyoming as well as Democratic Sens. Elissa Slotkin of Michigan and Peter Welch of Vermont.

Ahead of the vote, Sen. Tammy Baldwin said on the Senate floor Monday that she stood in 鈥渟trong opposition to any attempt by the federal government to meddle in decisions about who can and cannot participate in school sports.鈥�

鈥淭his is a decision for local communities, where players and parents can participate in that discussion at the local level. This is a decision for sports leagues to thoughtfully craft policy that actually takes seriously what is best for all players, not blanket mandates that will undoubtedly have unintended consequences for the safety of all students,鈥� the Wisconsin Democrat said.

Alabama GOP Sen. Tommy Tuberville  in the Senate in January, and the bill gained several Republican .

鈥淭hankfully, President Trump just signed an executive order that said, 鈥楴o more 鈥� no more federal money to any state that allows this to happen,鈥� but you have to understand, this only lasts as long as President Trump鈥檚 in office, so we need this vote 鈥� to pass so we can make this into law,鈥� Tuberville said on the Senate floor before the vote.

Title IX

The bill seeks to amend Title IX so that 鈥渟ex shall be recognized based solely on a person鈥檚 reproductive biology and genetics at birth.鈥�

Title IX is a landmark federal civil rights law that bars schools that receive federal funding from practicing sex-based discrimination.

Trump鈥檚 executive order asks federal agencies to interpret Title IX in a way that complies with the order.

The president鈥檚 initiative provoked complex questions about enforcement mechanisms and consequences for schools that do not comply. The administration has already launched a number of  across the .

House action

Meanwhile, the  to the Senate鈥檚 in January, which GOP Rep. Greg Steube of Florida introduced.

That measure advanced 218-206, with all House Democrats in opposition except for Texas U.S. Reps. Henry Cuellar and Vicente Gonzalez. North Carolina Democratic Rep. Don Davis voted 鈥減resent.鈥�

The , an LGBTQ+ advocacy group, noted that there has been 鈥渃onsiderable disinformation and misinformation about what the inclusion of transgender youth in sports entails鈥� and that trans students鈥� sports participation 鈥渉as been a non-issue.鈥�

At least 25 states have enacted a law that bans trans students from taking part in sports that align with their gender identity, according to the , an independent think tank.

Last updated 7:49 p.m., Mar. 3, 2025

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Maine Morning Star maintains editorial independence. Contact Editor Lauren McCauley for questions: info@mainemorningstar.com.

They include new chief of staff Rachel Oglesby and Jonathan Pidluzny, deputy chief of staff for policy and programs. As the institute鈥檚 chief state action officer, Oglesby focused on promoting job opportunities that don鈥檛 require college degrees, while Pidluzny directed higher education reform work, including to eliminate university diversity, equity and inclusion efforts. 

Civil rights experts immediately noted the addition of Candice Jackson as deputy general counsel. An architect of the 2020 Title IX rule, in 2017 that most sexual assault accusations 鈥渇all into the category of 鈥榳e were both drunk,鈥� 鈥� but later apologized. Another addition with experience from Trump鈥檚 first term is Tom Wheeler, a former Department of Justice official who was Obama-era guidance that said trans students should be allowed to use bathrooms that match their gender identity. He鈥檚 been named principal deputy general counsel. 

Policy experts and former department staff said they expected to see names from America First, which McMahon chaired after leaving her post as head of the Small Business Administration during President Donald Trump鈥檚 first term. Little known prior to the election, the institute helped shape the aggressive agenda he began to execute on Monday with a series of executive orders, including that says the U.S. government only recognizes 鈥渢wo sexes, male and female.鈥� Outside of the education department, , who led the think tank, is up for agriculture secretary, and , the organization鈥檚 former chief policy officer, is expected to join the White House Domestic Policy Council.听

鈥淟ots of AFPI folks, which is not surprising with Linda McMahon at the helm.鈥� said Jackie Wernz, who runs Education Civil Rights Solutions and served as an attorney in the department while Jackson was there. Wheeler, she said, is also well-known in 鈥渆ducation law circles鈥� and has experience working within the 鈥渃onfines of the federal government.鈥� But with Trump already challenging existing laws on issues such as immigration and school safety, she said tradition might not matter.

鈥淚t will be interesting to see how he develops now that the rules on how to govern seem to be out the window,鈥� she said.

While he鈥檚 not from America First, Steve Warzoha, the new White House liaison, is a longtime McMahon colleague from Connecticut, where he led the Greenwich Republican Town Committee. He鈥檚 also spent some time at , Trump鈥檚 Florida headquarters, and according to , was arrested for driving under the influence in 2022 after leaving the area.

Asked about the arrest, Madi Biedermann, the department鈥檚 new deputy assistant secretary for communications and outreach, said she wouldn鈥檛 鈥渃onfirm or comment on personnel.鈥�

While the team thus far is light on K-12 education experience, those names are likely to emerge once Trump nominates an assistant secretary for elementary and secondary education. Biedermann said she expects more announcements next week.

The department unveiled the new appointees, who don鈥檛 require Senate confirmation, as McMahon awaits a hearing before the Senate. A date has not yet been set. On Saturday, Trump also nominated former Tennessee education chief Penny Schwinn as deputy secretary. 

Several conservatives said they were impressed by the list. Rick Hess, director of education policy studies at the American Enterprise Institute, called them 鈥渟mart, experienced people who know the law, the policies, and the regulatory context,鈥� And David Cleary, a principal with The Group, a lobbying firm, said they are a 鈥渕uch better prepared team than in Trump 45鈥� and show the administration is interested in more than just school choice. 

Experts widely believe he鈥檒l escalate of civil rights protections for Jewish students. While he has not yet named an assistant secretary for the Office for Civil Rights, Craig Trainor, who spent time at America First Policy Institute as senior litigation counsel could help lead those efforts. The newly named deputy assistant secretary for policy in OCR, he led investigations into antisemitism on college campuses as a senior special counsel for the House judiciary committee under Republican Rep. Jim Jordan of Ohio, the chair.

But civil rights advocates said the department鈥檚 core function is to protect the rights of all students. Many who fought for LGBTQ students鈥� rights during the Obama administration are alarmed. 

The 2016 guidance on rights for trans students were 鈥渄eveloped after years of meeting with stakeholder groups, tracking the case law developments and looking at the research,鈥� said Shiwali Patel, an attorney with the National Women鈥檚 Law Center who worked in the Obama administration and left during Trump鈥檚 first term. While the Biden administration wrote those protections into Title IX, Trump鈥檚 picks, she said, are undoing that regulation 鈥渨ithout thoughtfulness and care.鈥�

Liz King, senior director for education equity at The Leadership Conference on Civil and Human Rights, an advocacy organization, said the new faces at the department represent 鈥渁 very narrow slice of America.鈥�

鈥淭here will be one-off bills popping up here and there,鈥� said David Cleary, a former Republican education staffer for the Senate and now a principal with The Group, a Washington lobbying firm. 鈥淏ut I don鈥檛 see any sustained momentum behind anything of substance getting traction, at least this year.鈥�

There is one important exception 鈥� reversing the Biden administration鈥檚 Title IX rule. Trump wants to turn the clock back to 2020, when the rule bolstered due process rights for male students accused of sexual misconduct and offered no specific protections for LGBTQ students.

鈥淚鈥檇 say we will see some pretty bold orders on gender identity and schools coming out in the first days of the second Trump term,鈥� said Jackie Wernz, who runs Education Civil Rights Solutions and served as a U.S. Department of Education civil rights attorney during the Obama and first Trump administrations.

While they may not get immediate attention, experts expect a host of other issues, from educating undocumented students to tweaking charter school regulations, to percolate throughout the year.

Rights for LGBTQ students

As promised, one of his was to rescind a 2021 Biden executive order that extended Title IX鈥檚 protections to include 鈥渄iscrimination on the basis of sexual orientation or gender identity鈥� as well as guidance documents about inclusive environments for transgender students. 鈥淚t is the policy of the United States to recognize two sexes, male and female,鈥� said.听

On January 9, a federal district court judge for the Eastern District of Kentucky hastened the end of the 2024 Title IX policy when he . Judge Danny Reeves said three provisions pertaining to rights for trans students, including access to bathrooms and locker rooms that match students鈥� gender identity, 鈥渢aint the entire rule.鈥�

While the lawsuit was brought by six GOP-led states, Wernz has districts everywhere to stop implementing the 2024 rule and return to the Trump-era regulation. Beyond that, she said, the picture will vary by state.

鈥淪chools will have to factor in federal court precedents in their areas, state laws and interpretations from state courts 鈥� like in and , where LGBTQI+ students have significant rights,鈥� she said. 

Advocates urge students to continue challenging through existing local grievance policies and litigation. But Melanie Willingham-Jaggers, executive director of GLSEN, an advocacy organization, said the decision showed 鈥渁 stunning indifference to marginalized youth.鈥� 

Even though the Biden administration withdrew of its Title IX rule pertaining to athletics, the House wasted no time this week in passing that would ban trans students from competing on teams consistent with their gender identity. The bill passed the House last year, but gained no traction while the Senate was under Democratic control. 

Immigration enforcement 

Trump has threatened to initiate mass deportations and on Immigration and Customs Enforcement raids at schools and other 鈥渟ensitive locations鈥� where children congregate.

On Monday, he signed a series of executive orders on securing the border, including one that says the 14^th Amendment no longer guarantees citizenship to a child born in the U.S. if the parents don鈥檛 have legal status. The Congressional Hispanic Caucus called the move 鈥渁 political stunt designed to stoke anti-immigrant sentiment,鈥� and immigration experts say the move is .听

Other orders authorize the of 鈥渞emovable aliens鈥� and require asylum seekers to while awaiting an immigration hearing. But immigration reform is also expected to be a significant part of a reconciliation bill in Congress 鈥� a process that allows legislation to pass by a simple majority.

鈥淲e have to get a lot of people out,鈥� Trump said in .

Trump, however, faces some early obstacles in efforts to swiftly crack down on migrants entering the U.S. and enrolling their children in public schools. In the waning days of his presidency, Biden extended what is known as to about 1 million undocumented immigrants in the U.S., including over 800,000 Venezuelans and Salvadorans. The move allows them to remain in the country legally for another 18 months.听

Tom Homan, his incoming border 鈥渃zar,鈥� told lawmakers that the current Department of Homeland Security budget doesn鈥檛 provide funding for Trump鈥檚 extensive deportation plans, . While some leaders, like Oklahoma state Superintendent Ryan Walters, say undocumented students put a strain on public schools, lawmakers in California are considering bills that would make it harder for ICE to enter schools. 

Linda McMahon鈥檚 confirmation

While Linda McMahon, Trump鈥檚 pick for education secretary, awaits confirmation, she鈥檚 been meeting with GOP members of the to shore up her nomination. As head of the Small Business Administration during Trump鈥檚 first term, she鈥檚 been through this before, but no date has been set for confirmation hearings, according to a spokesman for Republican Sen. Bill Cassidy of Louisiana, who chairs the education committee.

Earlier this month, his office was still waiting on her to submit , like financial disclosure and conflict of interest forms, to the U.S. Office of Government Ethics. A spokeswoman for the office would not comment on whether McMahon has since turned in the documents. 

Dismantling the department

If McMahon is confirmed, her charge is somewhat paradoxical 鈥� to dismantle the department Trump wants her to lead.

But education policy observers doubt the department will be going away anytime soon. The plan would require 60 votes in the Senate, and not all Republicans are on board. Even the conservative American Enterprise Institute鈥檚 , who wrote that scrapping the agency would be 鈥渟ymbolically important,鈥� expects 鈥渢he department to still be with us in four years.鈥�

In fact, Cleary expects Trump to use the department鈥檚 Office for Civil Rights to 鈥渞amp up investigations鈥� into antisemitism. And states might ask for more flexibility around testing and accountability, but Cleary said he doesn鈥檛 foresee 鈥渁ny pro-active policy from McMahon.鈥�

Trump wants states and districts to have more control over education, and in an interview with , listed Indiana and Iowa as places he thinks do a better job than the federal government of running education.

 鈥淲e鈥檒l spend half the money on a much better product.鈥� he said.

A Supreme Court ruling last year could also significantly weaken the department鈥檚 power over state and local policy. In , the court overturned a longstanding precedent, known as Chevron deference, that gave federal agencies broad leeway to issue regulations based on their understanding of the law. The ruling is likely to have a greater impact on higher education than K-12, but overall, the landmark decision gives courts greater authority to interpret the will of Congress and could lead to more lawsuits claiming government overreach, .

But lawmakers aren鈥檛 likely to give up on closing the department. In November, GOP Sen. Mike Rounds of South Dakota introduced that would have terminated many education department programs, and transferred some, such as special education and college loan programs, to other agencies. The bill died at the end of the session, but Hess predicted Rounds would reintroduce it and that others might file similar legislation.

With so many confirmation hearings, judicial appointments and a reconciliation bill to tackle, it鈥檚 doubtful that Senate Majority Leader John Thune 鈥渨ill want to burn the floor time鈥� to consider those proposals, Hess said. 鈥淏ut he may feel pressure to give a bill air time.鈥�

Curriculum questions

Despite calls to dismantle the department, Trump told Time that the government would still 鈥渘eed some people just to make sure鈥� schools teach English and math.

But he鈥檚 also hinted at offering the department broad power to advance his priorities, like federal funding for districts that push 鈥渃ritical race theory, transgender insanity and other inappropriate racial, sexual or political content onto the lives of our children.鈥� And his campaign platform called for reinstating the , an advisory committee charged with promoting 鈥減atriotic education.鈥�

Anton Schulzki, interim executive director of the National Council for the Social Studies, said the read like 鈥渧ery traditional history that came right out of the late 1950s and early 1960s.鈥� Trump, he said, will likely use his platform as president to encourage or reward districts to adopt conservative curriculum materials, like the from the Civics Alliance, which the Council said minimize 鈥渢he experiences, contributions, and perspectives of Indigenous peoples, people of color, women, the LGBTQIA+ community, the working class, and countless others.鈥� 

Morgan Polikoff, a University of Southern California education professor, said red states and even conservative districts in blue states could become 鈥渜uite emboldened鈥� to adopt right-leaning materials.

鈥淪tates know that the courts and the Department of Education won鈥檛 get in their way, so they can do whatever they want,鈥� he said. And districts might expect the federal government to 鈥渃ome to their defense, which they probably will.鈥�

But clearly limits how much Trump can dictate from Washington, stating that officials can鈥檛 鈥渕andate, direct or control鈥� curriculum 鈥渁s a condition of eligibility to receive funds.鈥� 

Changing the law would also raise concerns among lawmakers over 鈥渉ow the pendulum could swing back in future administrations,鈥� said Julia Martin, director of policy and government affairs with The Bruman Group, a Washington law firm. 

Charter schools

While not nearly as controversial as his Title IX changes, outgoing Education Secretary Miguel Cardona鈥檚 revisions to the federal Charter School Program proved highly unpopular among Republicans and charter operators.

Cardona intended the 2022 rule to encourage more racially diverse schools and increase transparency into charters鈥� business dealings with for-profit companies. But charter advocates said the regulation creates unnecessary burdens, hurts founders without substantial startup funds and limits student options.

Changing the rule isn鈥檛 expected to be an immediate priority for Trump, Martin said. But Starlee Coleman, president and CEO of the National Alliance for Public Charter Schools, is eager for the process to begin in time for grants awarded in 2026.

鈥淩ewriting the regulations will help to unwind the additional layers of burden imposed on grantees and schools that create too much friction in the complex process of opening or expanding a new charter school,鈥� she said. 

Private school choice

Republican focus on charter schools has waned in recent years amid the explosive growth of voucher programs and education savings accounts, which parents can spend on private schools or homeschooling. 

In September, a the Educational Choice for Children Act, which would provide tax credits to groups and individuals who donate to a private school choice program. An estimated 2 million students would be able to use the funds for tuition, fees and supplies. The plan would cost the federal government about in lost revenue, according to the House Ways and Means committee. 

Because it didn’t pass in the last session, the bill would need to be reintroduced, but a spokesman for Nebraska Rep. Adrian Smith, who co-wrote the bill, couldn鈥檛 say when that might happen. The Invest in Education Coalition, an advocacy group, launched an in December to ensure the issue stays on Congress鈥檚 radar. Cleary said the plan could appear as part of the reconciliation package.

Some choice advocates are urging Democrats to support it. Juan Rangel, a Democrat and CEO of The Urban Center, a Chicago-based nonprofit, , which Trump promises to , a 鈥渃ritical first opportunity to embrace bipartisanship and pivot toward the political center.鈥� 

But whenever it resurfaces, it will face strong opposition from public school advocates and the , who say such programs lack accountability and leave students without civil rights protections.

Child Tax Credit

One topic already attracting interest is how much of a tax credit to give parents with children 17 and under 鈥� a policy that typically generates bipartisan support. The current $2,000 credit was part of the Trump tax cuts in 2017, and renewing the cuts are high on the GOP鈥檚 wish list. Any discussion of expansion, however, is likely to touch on some of the issues that led the Senate to reject a bill last year. 

Republican Sen. Mike Crapo of Idaho objected to a provision that would have allowed families to receive the credit even if they reduced work hours. And during the pandemic, when Congress temporarily increased the credit, former West Virginia Sen. Joe Manchin, a Democrat, that parents would use the extra money to buy drugs.

shows that worry is unfounded. Parents 鈥� who could opt to receive the cash in monthly payments in 2021 鈥� didn鈥檛 squander the money on drugs and alcohol. In a sample of nearly 42,000 adults, parents who received the payments were less likely to smoke and didn鈥檛 increase drug or alcohol use. 

On Tuesday, Rep. Blake Moore of Utah, vice chair of the GOP conference, introduced the , which would increase the credit to $4,200 for children under 5 and to $3,000 for those between 6 and 17. 

David Plasterer, a senior associate for Results, an anti-poverty nonprofit, likes aspects of the proposal, such as making it fully refundable so even families with little income can receive the full amount. But Moore鈥檚 plan would cut other programs, like a tax credit for child care expenses.

Julie Kashen, director of Women鈥檚 Economic Justice at the left-leaning Century Foundation, quipped that the bill 鈥渟eeks to help kids by, you guessed it, robbing from kids.鈥�

A bill from Missouri Republican Sen. Josh Hawley鈥檚 calls for an even larger credit 鈥� . But such a proposal could up to $3 trillion over 10 years, and pro-choice advocates are concerned conservatives will use the tax code to push for a national abortion ban, granting fetuses 鈥溾�� .

Global competition

One stretch goal for some advocates that could draw both parties together is how to better prepare students for rapidly changing careers that will keep the U.S. globally competitive. 

鈥淵ou cannot have a talent conversation, a workforce conversation 鈥� and ignore what happens before the age of 18,鈥� said Cheryl Oldham, executive vice president of human capital at the Bipartisan Policy Center. In December, the think tank launched a to develop recommendations for Congress. In K-12, those could include policies focused on apprenticeships and career and technical education programs.

She agreed with Cleary that Congress might be preoccupied with other pressing matters, particularly at a time of uncertainty about the federal role in education. But the release of national reading and math scores later this month could spark a greater sense of urgency around issues such as assessment and accountability.

The 2022 scores on the National Assessment of Educational Progress, the first round of tests after the pandemic, saw sharp declines in fourth and eighth grade, and states have struggled to bring performance back up to pre-COVID levels.

鈥淓ven setting aside the pandemic and recovery efforts, the underlying trends in K-12 preparation are concerning,鈥� said Thomas Kane, a Harvard University education professor and member of the bipartisan commission. 鈥淲hatever their chosen pathway, students will still need strong math and reading skills in order to learn the new skills.鈥�

CHARLESTON, W.Va. (WV News) 鈥� West Virginia Attorney General Patrick Morrisey, co-leader of a six-state coalition, declared victory Thursday in challenging the federal Department of Education鈥檚 overhaul of Title IX of the Educational Amendments Act, which he argued would harm West Virginia students, families and schools.

The U.S. District Court for the Eastern District of Kentucky granted summary judgment in favor of the coalition 鈥� the court denied the Education Department鈥檚 cross-motion for summary judgment.

鈥淭his is a victory not only for the rule of law, but also for common sense and the safety of every student,鈥� Morrisey said. 鈥淭he Biden administration鈥檚 Title IX revisions would have ended sex-based protections for biological women in all aspects of education, and this would have marked a retreat from the progress women have made.鈥�

If DOE鈥檚 unauthorized rewrite of Title IX would have been allowed to stand, West Virginia schools could have been compelled to allow males self-identifying as female 鈥� in every grade from preschool through college 鈥� to use girls鈥� and women鈥檚 bathrooms and locker rooms, play on girls鈥� and women鈥檚 sports teams, and access other female-only activities and spaces or risk losing billions in federal funding.

Indiana, Ohio and Virginia joined the West Virginia-, Kentucky-, and Tennessee-led lawsuit. The coalition filed the lawsuit in April 2024.

For 50 years, Title IX has helped equalize women鈥檚 access to educational facilities and programs by barring discrimination based on sex by federally funded schools, Morrisey said. At the same time, because of the enduring physical differences between men and women, Title IX has always allowed the sex-segregated spaces 鈥� like bathrooms and locker rooms 鈥� that are ubiquitous across the nation, Morrisey said.

This story was orginally published by WVNews

A federal district court judge in Kentucky has struck down President Joe Biden鈥檚 effort to protect transgender students and make other changes to Title IX, ruling the U.S. Department of Education violated teachers鈥� rights by requiring them to use transgender students鈥� names and pronouns.

The ruling issued Thursday, which applies nationwide, came as a major blow to the Biden administration in its final days and to LGBTQ+ advocates. It comes less than two weeks before President-elect Donald Trump takes office, when the rule was likely to face more scrutiny from a candidate who took aim at transgender people in a culture-war focused campaign.

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The Biden and aimed to protect LGBTQ+ students in K-12 schools, colleges and universities. The rule also conferred protections for pregnant students. The update to Title IX, the federal law that forbids sex-based discrimination in education, was expanded to include gender identity and sexual orientation.

In his , Chief Judge Danny Reeves of the Eastern District of Kentucky wrote in his opinion that the education department could not expand Title IX to prohibit discrimination based on gender identity. Reeves was nominated to the bench by President George W. Bush.

Gender identity refers to the gender that an individual identifies as, regardless of their sex assigned at birth.

鈥淭he entire point of Title IX is to prevent discrimination based on sex 鈥� throwing gender identity into the mix eviscerates the statute and renders it largely meaningless,鈥� Reeves wrote.

Louisiana was among the states that sued the Biden administration over the rule. Its case at the time of the ruling in Kentucky, which came in the case Tennessee Attorney General Jonathan Skrmetti brought.

鈥淟ouisiana is honored to have litigated this issue alongside Tennessee and our sister States,鈥� Attorney General Liz Murrill said in a statement to the Illuminator. 鈥淭his is a great day for America!鈥�

Gov. Jeff Landry also praised the decision in a post on X, the platform formerly known as Twitter.

鈥淏iden鈥檚 attempt to rewrite Title IX is dead!,鈥� Landry posted from his personal account. 鈥淚t鈥檚 a shame this even had to go to court, but pleased to see this win for women and girls across our Nation.鈥�

Prior to Thursday鈥檚 decision, the rule had been temporarily blocked in nearly half of U.S. states, including Louisiana and Tennessee, as litigation played out.

While Reeves鈥� opinion references a recent U.S. Supreme Court decision that limits the regulatory authority of federal agencies, it also notably rejects the rule on First Amendment grounds.

鈥淭he First Amendment does not permit the government to chill speech or compel affirmance of a belief with which the speaker disagrees in this manner,鈥� Reeves said, referring to sections of the law that could be interpreted as defining deadnaming and misgendering of students as harassment.

Deadnaming is when someone uses a transgender or nonbinary person鈥檚 birth name or 鈥渄ead name鈥� against their wishes. Misgendering occurs when someone refers to an individual by a gender they do not identify as.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Louisiana Illuminator maintains editorial independence. Contact Editor Greg LaRose for questions: info@lailluminator.com.

ATHENS, Ohio 鈥� Local school districts and colleges are scrambling to determine how they will implement recent state legislation that requires transgender people to use the bathroom of the sex they were assigned at birth. 

In late November, Ohio Gov. Mike DeWine signed  into law. In addition to prescribing bathroom use for all persons using school restrooms, the statute also prohibits public and private educational institutions from constructing multi-person, multi-gender restrooms.  

Ohio鈥檚 law brings the number of  to an even dozen. 

Legislation targeting transgender people has  across the country in the past 10 years, limiting access to public restrooms and healthcare and participation in sports, among other measures. In 2024 alone, Ohio legislators  鈥� out of 14 that were introduced.

Both of Athens County鈥檚 state legislators  for SB 104; Sen. Brian Chavez (R-Marietta) sponsored the bill. 

As Jay Edwards (R-Nelsonville) is term-limited,  of Marietta will replace him next year. In an email, Ritter said, 鈥淚 appreciate Representative Edwards voting to ensure the privacy of Ohio鈥檚 students.鈥�

The law takes effect on Feb. 24, 2025; 90 days after DeWine signed the bill on the day before Thanksgiving. 

SB 104 puts school districts in a 鈥渢enuous鈥� situation, Athens City School District Superintendent Tom Gibbs told the Independent. 

鈥淐urrently, there is some disagreement between the Federal Department of Education and guidance we have been provided and what is included in this new statute,鈥� Gibbs said in an email. 

The district is consulting legal counsel about 鈥渢o determine how best to move forward,鈥� Gibbs wrote.

鈥淒istrict employees will be directed to continue to support and protect the rights of all students for the next 90 days while we await guidance from our legal counsel,鈥� Gibbs said in an email. 

Federal Hocking Local Schools Superintendent Jason Spencer declined to comment, saying that he had not yet discussed the bill with the Federal-Hocking Board of Education. Alexander, Nelsonville-York and Trimble local school district superintendents did not respond to requests for comments.

Potential conflict with federal law

SB 104 presents Ohio educators with a Catch-22, Gibbs explained. Employees who don鈥檛 follow the new requirements can be reported for violating state law; if they do follow it, they risk violating federal anti-discrimination laws, including Title IX. 

 of the Education Amendments of 1972, prohibits discrimination on the basis of sex in 鈥渁ny education program or activity receiving Federal financial assistance.鈥� 

Title IX 鈥� to transgender students in public schools and universities,鈥� Gibbs said, citing the . Athens City Schools鈥� Title IX coordinator is Director of Curriculum & Development Sommer McCorkle.

SB 104 does not contain any language about enforcement or penalties for violations of its restrictions. Similar bills in other states include fines and jail time as sanctions for violations, The Buckeye Flame . 

Gibbs noted that the district has standing  鈥渢hat specifically call for protecting student rights based on gender identity.鈥� But SB 104 will force the district to 鈥渃hange or modify multiple policies to be in line with the state statute,鈥� he said.

鈥淎nd, District employees will be faced with the daily task of ascertaining when to follow Federal Title IX Guidance and when to follow the State Statutes related to transgender students,鈥� Gibbs said. 鈥淚t is difficult to say on one hand that we do not discriminate based on gender identity and then on the other to limit student鈥檚 participation in athletics or even where they can use the bathroom.鈥�

The implied changes from SB 104 are 鈥渆specially frustrating because we鈥檝e had these policies and procedures in place for years without any complaint and before this even became the Federal guidance on the matter,鈥� Gibbs said in an email.

鈥淭he complete lack of any nod towards the 鈥榣ocal control鈥� that state legislators frequently espouse in regards to schools and municipalities apparently goes out the window in relation to how we address and protect the rights of transgender students,鈥� Gibbs stated.

Gibbs also pointed to ongoing Sixth Circuit Court of Appeals case Doe v. Bethel, in which parents and students are suing Bethel Local School District for allowing a transgender child to use the restroom that matches her gender, the Ohio Capital Journal . 

鈥淚 am hopeful that case will come to [a] conclusion soon, as it would provide some additional context to the legal landscape surrounding this issue,鈥� Gibbs said in an email.

A spokesperson for the U.S. Department of Education declined to comment on SB 104, but did note that federal laws supersede state laws.

Higher education

In an email, an Ohio University spokesperson said that OU 鈥渋s aware that Senate Bill 104 has been formally signed into law, and we are currently reviewing the final version of the bill and its potential impact on established University processes and procedures.鈥�

The spokesperson added, 鈥淥HIO has long been committed to fostering an inclusive, respectful environment for all students, staff and visitors, and we will continue to work to ensure that our public restroom signage and accommodations continue to meet the needs of our University community and remain compliant with all applicable state and federal laws.鈥�

Casey Plett, an assistant professor of English and film at OU, said the university has not yet provided her with any guidance regarding the new law. 

鈥淎necdotally, from what I can see 鈥� it is increasing stress levels,鈥� Plett said of her students. 鈥淚 would worry very much about students who might be in the closet, who 鈥� might keep their identities secret 鈥� or keep their gender secret because of this, which is just a shame, and something that most other students don鈥檛 have to do.鈥� 

For Plett, the 鈥溾�� nature of anti-trans bathroom bills is not founded in reality.

鈥淭he opponents of trans youth, specifically, in public life 鈥� it鈥檚 always called an 鈥榚xperience of experimentation,鈥� and that is not true,鈥� Plett said. 鈥淚 think that it is bills like this that are the experimentation 鈥� It is making these kinds of draconian laws that 鈥� none of these laws existed four years ago. It is this kind of legislative activity that is the experiment, and I am very doubtful it was going to have good effects.鈥�

Ohio University senior Rey De Spain, who is transgender, echoed Plett鈥檚 sentiments.

鈥淚 think it鈥檚 a massive overreach into the private lives of citizens and especially students,鈥� they said.

De Spain said that in Athens, 鈥淚鈥檝e never really encountered any problems using the public restrooms here.鈥� However, since their freshman year, 鈥淚 definitely think that transphobia has become a lot more visible.鈥� 

In De Spain鈥檚 experience, 鈥淧eople are a lot more comfortable being openly transphobic 鈥� A lot of people feel more comfortable than I would like, verbally harassing others on the streets, especially when they鈥檙e drunk 鈥� I expect a little bit of that, but I do feel like this campus has become a lot less friendly already in the past couple years, when I compare it to my freshman year. I felt like it was an extremely safe place, and I was never really hassled.鈥�

Overall, though, De Spain said they feel 鈥渧ery fortunate that I live in an area where people mostly mind their own business.鈥�

De Spain believes that bathrooms already operate on a 鈥済ood faith鈥� system in which legal documents aren鈥檛 required to attend to bodily functions.

 鈥淲hat all of us want in the bathroom is privacy, and a place to do our business and then wash our hands and leave,鈥� De Spain said. 鈥淚 think that a lot of the people pushing legislation like this don鈥檛 seem to understand how public restrooms function in the real world, and they think they鈥檙e protecting people, when really they鈥檙e putting people in danger.鈥�

Hocking College Vice President of Student Affairs Hannah Guadda, who is the school鈥檚  coordinator, said in an email the institution 鈥渋s currently reviewing the legislation to ensure compliance while maintaining our commitment to a safe, inclusive environment for all students. As we assess the bill鈥檚 impact, we remain dedicated to supporting our diverse student body.鈥�

Resources: LGBTQ+ youths in crisis may contact the Trevor Project at 866-4-U-Trevor for assistance; adults in crisis, contact the National Trans Lifeline: 877-565-8860. The 988 Suicide and Crisis Lifeline is also available; in case of emergency, always call 911.

This was originally published on .

However, more than 80% of LGBTQ students feel , and nearly 58% have experienced discrimination. These numbers show that many LGBTQ students are not safe at the two places they spend most of their time. This lack of safety has a significant impact on students鈥� mental health, school performance, relationships and future plans. LGBTQ students are not getting the support they need, and it is resulting in systematic harm.

Teachers are in a perfect position to be the accepting adult LGBTQ students need and to advocate for them in their schools. Students spend thousands of hours in school over the course of their K-12 careers. In that time, they form trusting relationships with teachers, especially those who serve as coaches, club advisers and activity leaders. School is where many explore the names, pronouns and identities that feel right to them. How teachers react to this exploration directly impacts how students feel about themselves and their safety. Teachers also have the ability to push for improvements to policies to make schools safer for students when students can鈥檛 advocate for themselves. 

Without this support, queer students are more likely to .

Advocacy for queer students can take a variety of forms, depending on the school and district, as well as state laws and policies that might limit what educators can do.

Teachers can establish themselves as a safe person in a variety of ways, like including items in the classroom such as flags, posters and . This can also be done through clothing and accessory choices including rainbow earrings, lanyards, buttons, bracelets and other jewelry can help students know they are safe.

Teachers can also set up a GSA (Gay-Straight Alliance or Gender and Sexuality Alliance). These groups have a variety of names (Rainbow Club, Come As You Are Club) and create a space for LGBTQ students to gather. There are huge when a school has a GSA, even if students don鈥檛 attend. These include feelings of safety and better psychological well-being and reduced likelihood of hearing homophobic remarks or negative comments about gender expression or transgender individuals. , meaning that if a school has any extracurricular clubs, it has to allow GSAs. Information about starting one can be .

It is important to know school and district policies about bullying and discrimination. Teachers should learn how students can report this type of behavior and what should happen after they make that report. They should understand the power structure in the school and district so they understand the chain of command. They should also find out who the Title IX coordinator is 鈥� 鈥� and learn how that system works. This will help them assist students in reporting instances of harassment and provide ground to stand on when they talk to administrators about policies that aren’t followed or students who aren’t being protected. 

Teachers can advocate for specific policies like creating gender-neutral bathrooms and locker rooms, improving anti-bullying policies and harassment reporting,and addressing dress codes that target LGBTQ students. They should go into these meetings prepared with research and statistics about the needs and experiences of queer students, school and/or district policies, state and/or federal laws, students’ personal observations or specific concerns. It’s also helpful to come prepared with possible solutions as a starting point for discussion, and to follow up to ensure that things change.

Advocating for LGBTQ students is, unfortunately, a long process in most schools 鈥� it takes work and it takes courage. Educators may feel alone at their schools, but they aren鈥檛. Lots of teachers are advocating for students in schools across the country, and there are support systems in place. is one place to start. Teachers need to keep fighting the good fight and helping the kids who need it. 

But in mid-2021, dismayed by screaming matches over COVID protocols that often broke out at school board meetings, she decided to meet individually with the board members to discuss her concerns. She found them kind and professional, so she encouraged leaders of her local chapter to do the same thing. 

鈥淚 said 鈥業 think you’d like them,鈥� and they said 鈥楴ope, we don鈥檛 want to do that,鈥� 鈥� Christian recalled. 鈥淎ll of a sudden, I was the bad guy. It was very polarized.鈥�

After initially attending some of their meetings and supporting their cause, Christian cut ties with Moms for Liberty. To her, the moment demonstrated the uncompromising way the conservative group became a force in today鈥檚 Republican party. Keeping divisive issues like sexually explicit books and lessons on racial discrimination in the spotlight was a in 2022 as Moms for Liberty-endorsed school board candidates scored victories across the country, especially in Florida where the organization originated. 

Since then, the group hasn鈥檛 been able to repeat its success at the polls. But there are signs that taking control of school boards isn鈥檛 Moms for Liberty鈥檚 top concern right now. They鈥檙e spending money to mobilize voters for like-minded GOP candidates and Minnesota Gov. Tim Walz, Vice President Kamala Harris鈥檚 running mate, an 鈥渁nti-parent radical candidate.鈥� Max Eden, a senior fellow at the conservative American Enterprise Institute, suggested the group is focused on preparing 鈥渇or the two alternative futures they stand to face.鈥�

鈥淚f Trump wins, I expect that whomever he picks for [education] secretary will be tasked with a strong emphasis on the issues that they care about,鈥� he said. 鈥淚f he loses, there鈥檚 an expectation that Harris will double down hard on social issues from the left.鈥�

Eden described Moms for Liberty鈥檚 recent strategy to join four Republican-led states in over the new Title IX rule as a 鈥渃oup鈥� from both an organizational and membership perspective. The revised regulation extends protections against sexual discrimination to LGBTQ students and gives transgender students the right to use restrooms and locker rooms that align with their gender identity. Moms for Liberty鈥檚 legal move spurred a federal court to issue an injunction, blocking hundreds of schools across the country from enforcing the new Title IX regulations. Moms for Liberty also used the ruling as an opportunity to so they could block the new provisions in more schools. 

鈥極utraged over something鈥�

The success of Moms for Liberty鈥檚 endorsed candidates, however, is still a way to measure the future of a 鈥減arental rights鈥� movement that seeks more control over curriculum and opposes attention to race and social-emotional issues in school.

Former Florida school board members Tiffany Justice and Tina Descovich founded the organization in 2021. At the time, their primary cause was battling mask mandates. But their approach quickly resonated with many disillusioned parents in the wake of COVID school closures and the intense reactions to school equity efforts often labeled as critical race theory.

鈥淚t鈥檚 hard to think of another education advocacy organization that has grown to such national prominence so quickly,鈥� Brookings Institution in March.

In the 2022 election cycle, the group took in , and of its endorsed candidates were elected. But in 2023, the percentage of Moms for Liberty candidates winning school board seats dropped to , in part because other organizations to endorse their own candidates and slow down the group鈥檚 progress. This year鈥檚 results seem on track to mirror last year鈥檚, but the group is not completely out of the running. 

Sue Woltanski, a school board member in Monroe County, Florida, has monitored and Moms for Liberty鈥檚 influence across the state, where it has joined forces with Gov. Ron DeSantis to endorse conservative candidates. A critic of their approach, she called Moms for Liberty members 鈥減eople who have been outraged over something scary at their kid鈥檚 school.鈥�

This year, the group targeted 14 school board races in Florida. Its candidates won just three of the open seats in the August primary. Another five are headed to November runoffs. In a statement, Justice and Descovich counted those candidates who advanced among their victories, saying they were 鈥渢hrilled that Moms for Liberty saw a 60% win rate.鈥� 

But the group鈥檚 tactics 鈥� like reading aloud the most salacious passages from sexually explicit library books at 鈥� often are aimed at making 鈥減eople question whether it’s safe for their kids to go to public schools,鈥� said Woltanski, who defeated one of their endorsed candidates two years ago. Moms for Liberty also embraces private , which continues to in Florida, causing public school enrollment in several districts to decline. 

鈥淚n my little vacation community, if we don’t have high-quality public schools we’re going to just be a resort,鈥� she said. A lot of school boards have conservative members, she added, 鈥渂ut they are still in favor of public education.鈥�

鈥楿s-versus-them mentality鈥� 

Examining Moms for Liberty鈥檚 win-loss record is just one way to measure its impact. Researchers at Michigan State University watched hours of school board meetings to better understand the overall effect of the group鈥檚 presence on rhetoric and behavior during the convenings. 

If Moms for Liberty-backed candidates took the majority of seats following the 2022 elections, they often acted quickly to fire superintendents, place restrictions on books and issue bans on critical race theory or lessons on sex and gender. Members of the public 鈥渢urned out in high volume鈥� to both support and oppose their policies, the researchers said.

鈥淪uccessfully winning a majority of seats on the board seemed to deeply entrench the us-versus-them mentality, leading to increased and divided engagement at meetings in the post-election period,鈥� they wrote. 

But even in districts where Moms for Liberty didn鈥檛 鈥渇lip鈥� the board, the researchers found an overall increase in insults, threats and disorder, like outbursts from the audience, compared to the period between late 2019 and early 2020. 

鈥淚 don’t really think they have any true plans to govern,鈥� said researcher Rebecca Jacobsen. She called their style the 鈥減olitics of disruption.鈥�

There were more displays of anger 鈥� a speaker banging their first on the podium, for example 鈥� and an increase in incidents in which police intervened and removed protesters. Before the pandemic, they found that police only got involved once. But in 2021 and 2022, as Moms for Liberty chapters were spreading across the country, they identified nine board meetings across five school districts where the police intervened.

The Moms for Liberty website urges chapters to push for policy changes, but some critics, like Christian in Florida, say members are more focused on national issues than local concerns, like school safety, bullying and curriculum.

鈥淚 thought they were going to educate moms and dads how to stand up for their children,鈥� she said.

鈥楥lose ties to powerful individuals鈥�

At Moms for Liberty鈥檚 Washington, D.C., summit in late August 鈥� which featured a lengthy conversation between Justice and Trump 鈥� there was no evidence that the group had lost its edge. Despite a poor showing at the polls in Florida, members had other victories to celebrate. 

Three of their leaders, from Naples, from Palm Beach and from Brevard County, had won primary races for Florida House seats and made it onto the ballot in the general election.

鈥淭his is huge for us because it represents the momentum of change we are making across the country as we take our schools back from the union bosses,鈥� the statement from Justice and Descovich said. Justice and Descovich declined 蜜桃影视鈥檚 requests for an interview.

As the November election approaches, Moms for Liberty has further turned its attention to increasing membership and mobilizing more voters, spending $3 million in , like Arizona and Georgia. With chapters in 48 states, the Brookings researchers said Moms for Liberty still carries a lot of influence.

鈥淸Moms for Liberty] is a well-financed group with close ties to powerful individuals and institutions in conservative politics,鈥� they wrote. The organization 鈥渞epresents a voting bloc that Republican political operatives are actively trying to court in the 2024 elections and beyond.鈥�

The U.S. Supreme Court on Friday rejected efforts by the Biden administration to temporarily put on hold a federal court鈥檚 decision that blocks a central part of new Title IX rules for schools from going into effect.

The by the justices allows a to block the rules to remain in place for now. Reeves had sided with Kentucky Attorney General Russell Coleman and five other Republican attorneys general in a lawsuit challenging the new Title IX rules, which aim to protect transgender students.

A federal appeals court last month , and that court is hearing an appeal of Reeves鈥� decision in October.

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鈥淭he Court expects that the Courts of Appeals will render their decisions with appropriate dispatch,鈥� the majority of justices wrote.

The order also another federal court decision blocking the new Title IX rules brought separately by the Louisiana attorney general and three other Republican attorneys general.

Coleman in a statement on the order said the Republican attorneys general were defending 鈥渆qual opportunities for Kentucky鈥檚 women and young girls鈥� at the country鈥檚 highest court.

鈥淭he Biden-Harris Administration is threatening to rip away 50 years of Title IX protections. Together with our colleagues in Tennessee and four other states, we are fighting to uphold the promise of Title IX for generations to come,鈥� Coleman said.

Title IX deals with sex-based discrimination at any school that receives federal funding.

U.S. Secretary of Education Miquel Cardona previously said in a statement the new Title IX rules would have built 鈥渙n the legacy of Title IX by clarifying that all our nation鈥檚 students can access schools that are safe, welcoming, and respect their rights.鈥�

The rules, which would have went into effect Aug. 1, sought to that narrowly defined sexual harassment and directed schools to conduct live hearings, allowing those who were accused of sexual harassment or assault to cross-examine their accusers.

Indiana, Ohio, Tennessee, Virginia and West Virginia joined Kentucky challenging the administration鈥檚 order.

Reeves鈥� opinion said the states represented in the lawsuit argued that the Title IX rules would 鈥渋nvalidate scores of States鈥� and schools鈥� sex-separated sports policies.鈥� The Kentucky General Assembly passed to require athletes in schools to play on teams associated with their biological sex

A sponsor of that law, Sen. Robby Mills, R-Henderson, applauded the U.S. Supreme Court order in a Friday statement, which he said 鈥渄irectly condemns the woke ideology promoted by the U.S. Department of Education and the Biden-Harris administration.鈥� Henderson thanked Coleman for defending the law.

鈥淲okeism and gender ideology must never trump Kentucky values and the U.S. Constitution,鈥� Mills said.

Editor鈥檚 note: This story was updated Saturday morning with additional comments. 

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Kentucky Lantern maintains editorial independence. Contact Editor Jamie Lucke for questions: info@kentuckylantern.com. Follow Kentucky Lantern on and .

The Supreme Court on Friday denied the Biden administration’s request to allow its new Title IX rule to be partially implemented in 10 states.

In a听, the听justices agreed with the appellate courts that the parts related to LGBTQ students “are not readily severable from the remaining provisions” and that it would be difficult for schools “to apply the rule for a temporary period with some provisions in effect and some enjoined.”

For now, that means 26 states and hundreds of schools in other states can’t enforce the rule.听 Meanwhile, the U.S. Court of Appeals for the Sixth Circuit has scheduled oral arguments in one of the lawsuits challenging the new rule for October. The court will hear听听from Kentucky, Michigan, Ohio and Tennessee.听

New protections against sexual harassment and discrimination, including for LGBTQ students, went into effect in less than half the country on Thursday as legal challenges to the Biden administration鈥檚 Title IX rewrite pile up.

Nonetheless, in a webinar with district and college officials, Education Secretary Miguel Cardona called the new rule a major 鈥渕ilestone鈥� and the 鈥渃ulmination of a lengthy and thorough process that included unprecedented public input.鈥� He also noted resistance from Republicans in a legal battle that changes almost daily.

鈥淚 want to loudly and unapologetically reject any efforts to politicize Title IX or efforts to sow more division in our country,鈥� he said. 鈥淭hese rules are about living up to America’s highest ideals.鈥�

On Wednesday, federal courts blocked the regulation in Alabama, Florida, Georgia, South Carolina and Oklahoma, bringing to 26 the total number of GOP-led states where schools are still operating under the 2020 Trump-era rule. Further demonstrating the uncharted territory in which the long-awaited rule takes effect, hundreds of schools and colleges in blue states are also prohibited from implementing it under a court order that applies to children of members of the conservative Moms for Liberty organization  and students involved in two other advocacy groups.

Solicitor General Elizabeth Prelogar the U.S. Supreme Court to allow the department to move ahead with most of the rule in 10 states except for provisions related to trans students that have caused the most controversy. By Thursday morning, the court still had not acted on those appeals. 

One of President Joe Biden鈥檚 earliest priorities, the new rule extends protections to LGBTQ students and requires schools to promptly investigate accusations of sexual misconduct and discrimination. But every Republican attorney general who sued to stop implementation until the courts weigh the legal merits of the rule got their wish. 
The overhaul replaced the rule issued under former Education Secretary Betsy DeVos, which required live hearings so male students could face their accusers and narrowed the types of complaints that schools had to investigate. Republicans argue that the administration had no authority to apply a about protections for LGBTQ employees in the workplace to a law intended to provide equal educational opportunities for women.

Conservatives have directed much of their opposition to a draft rule for trans students鈥� participation in sports, but the Education Department has not finalized it yet.

鈥淭his Title IX rule is a slap in the face to the women and girls who prepare for competition and will now have to compete on an uneven playing field,鈥� North Carolina Republican Rep. Virginia Foxx, chair of the House education committee, said Wednesday on a call with the Independent Women鈥檚 Forum. The advocacy organization joined over the rule filed by Alabama, Georgia, Florida and South Carolina. 鈥淭his rule is unjust and directly in conflict with athletics鈥� core principles of integrity and fairness.鈥�

The rapidly changing legal landscape has created a chaotic rollout, especially in districts where the rule can be implemented in some schools, but not others, like serving children of Moms for Liberty members.

鈥淭he mixed messages coming from state officials have been detrimental to not just implementation of the rule, but also to broader efforts to create safer school environments,鈥� said Brian Dittmeier, the director of public policy for GLSEN, which advocates for LGBTQ students in K-12 schools. 鈥淔amilies have been long awaiting clarity about the protections available to them. From the administrative side, folks really want to move forward and implement the rule.鈥�

LGBTQ students are less likely than straight students to report bullying and sexual harassment, he said. But they are more likely to file complaints when school policies expressly say they are protected. Among the resources the department issued last week are nondiscrimination statements. 

In schools where the new rule is implemented, 鈥測ou’ll likely see higher rates of reporting,鈥� among LGBTQ students, Dittmeier said, 鈥渁nd then school staff are accountable for that.鈥� 

Compared to the 2020 rule, the rewritten regulations 鈥渇ill troubling gaps,鈥� said Catherine Lhamon, assistant education secretary for civil rights. The previous rule focused more on sexual harassment, while the 2024 provisions address sex discrimination more broadly, including protections for pregnant and parenting students and employees. 

As for the provisions regarding LGBTQ students, she said, 鈥淲e anticipated this moment when we were finalizing the 2024 regulations and we know they are legally sound.鈥�

The DeVos rule defined a hostile environment as being 鈥渟evere, pervasive and objectively offensive.鈥� The new rule lowers the bar a bit, stating that such harassment can be  subjective and either severe or pervasive enough to prevent a student from participating in learning or other school-related programs and activities.

Opponents of the rule object the most to three specific sections 鈥� one that says sex discrimination includes LGBTQ students, another that states trans students can use locker rooms and restrooms that match their gender identity and a third discussing 鈥渉ostile-environment harassment.鈥� 

Some states, , already have laws allowing trans students to use the bathrooms or locker rooms where they are most comfortable. In those cases, that practice can continue even in schools with children of Moms for Liberty members. San Diego Unified, for example, has 23 schools on the list. 

The injunction 鈥渄oes not create a new law that would supersede state law,鈥� explained W. Scott Lewis, managing partner with TNG Consulting, which trains districts across the country on Title IX. 

But under the injunction, a student would not be able to file a Title IX claim if a teacher doesn鈥檛 use their new name or pronoun. 

For now, the courts are only deciding whether states can delay implementation, and experts say if arguments over the rule itself eventually reach the Supreme Court, it likely won鈥檛 happen until 2025. But Dittmeier said none of the injunctions keep LGBTQ students from filing complaints or lawsuits under the old rule or other legal provisions.

The U.S. Court of Appeals for the Fourth Circuit, for example, that a trans girl in West Virginia, who sued under the 2020 rule and brought an equal protection claim, can continue to compete on a girls cross-country track team. The state has the case to the Supreme Court. 

States suing over the rule are 鈥渆xposing themselves to greater litigation risk because students can still sue them for failure to ensure their civil rights,鈥� he said. 鈥淲hile the new rule is significant, it is not the only remedy available to LGBTQ students.鈥�

A federal district court judge in Missouri has blocked implementation of the Biden administration鈥檚 new Title IX rule in six additional states 鈥� Arkansas, Iowa, Nebraska, North Dakota and South Dakota.

The , ordered late Wednesday, brings to 21 the total number of states where the U.S. Department of Education can鈥檛 enforce the rule on Aug. 1.

Judge Rodney W. Sippel, a Clinton nominee, said the plaintiffs have a 鈥渇air chance鈥� of demonstrating that the department 鈥渆xceeded its statutory authority鈥� by using the Supreme Court’s decision in Bostock v. Clayton County to expand Title IX protections to LGBTQ students. 

Ravina Nath, a recent graduate of Gunn High School in Palo Alto, California, originally included Rice University in Houston on her short list of colleges to attend this fall. With an interest in neuroscience, she was drawn to its top-ranked biomedical engineering program. 

That was before Texas became one of to sue the U.S. Department of Education  over its new Title IX rule. The regulation extends protections against discrimination and harassment to LGBTQ students and requires prompt investigations into students鈥� complaints.

Instead, she鈥檒l attend Barnard College in New York City.

鈥淚 need to be in a place where I would feel like my school supported me,鈥� said Nath, who became a in high school. At Rice, some students to how officials handled complaints of sexual misconduct. And she ruled out the University of Georgia, a 鈥減otential safety school,鈥� because it to make data on such investigations public. Several of her friends made similar calculations when narrowing down school choices. 

鈥淢y friends who are survivors and who are LGBTQ+ students applied to schools on the West Coast or the Northeast,鈥� she said. 鈥淚 don’t think any of my friends applied to school in .鈥�

With the new rule set to go into effect Aug. 1 鈥� just seven days away 鈥� a flurry of lawsuits has once again turned the map of the United States into a familiar patchwork of red and blue.

District courts have blocked the regulation in 15 Republican-led states. In the most recent development, the on Monday asked the U.S. Supreme Court to allow all but related to gender identity issues to go into effect in 10 of those states after two appellate courts denied earlier requests. 

Complicating the legal math further, in an earlier action, a federal judge in Kansas the rule just at serving children of current and future members of the conservative Moms for Liberty and students involved in , another advocacy organization opposed to trans girls competing on teams consistent with their gender identity. Moms for Liberty sees the ruling as an expansion opportunity: On Tuesday, the group tied to Title IX.

With the legal landscape changing daily, some experts think the Education Department should take a step back and delay the rule.

鈥淔or schools, universities and students, it’ll calm things down,鈥� said Sandra Hodgin, who runs a Title IX consulting firm in Los Angeles. 鈥淲hat are we talking about, 75% of the country not implementing Title IX and only 25% of the country implementing it?鈥�

A spokesperson said the department has no plans to skirt the Aug. 1 deadline. On Tuesday, it sent schools a list of 鈥溾�� and a on how to draft policies to comply.   

For now, the Supreme Court is considering whether to lift the temporary pause on the rule in the affected states.

The far larger question is what the justices might decide if and when they consider the substance of the rule itself. In addition to expanding protections to LGBTQ students, the new rule largely replaced one issued under former Education Secretary Betsy DeVos. That regulation narrowed the definition of sexual misconduct and required live hearings so male students could face their accusers. 

W. Scott Lewis, managing partner with TNG Consulting, which trains districts across the country on Title IX, has advised red states covered by an injunction, like Wyoming and Idaho, that they鈥檙e currently bound by the 2020 regulation.

But that could change quickly. 

鈥淚t鈥檚 a race to the Supreme Court right now,鈥� he said.

鈥楤igger than sports鈥�

Some families with LGBTQ students aren鈥檛 waiting for the legal drama to run its course. They鈥檝e already to escape laws that bar trans students from using bathrooms or playing on sports teams consistent with their gender identity. Several have moved to the Denver metro area, where Lewis lives, to attend schools in a state that is not challenging the rule.

鈥淲e have more than a handful of students at my kid鈥檚 high school who moved here from Wyoming, from Kansas, from Iowa,鈥� he said. 

Most of the controversy surrounding Title IX focuses on trans students鈥� participation in sports, a part of the rule that the U.S. Department of Education has delayed addressing until after the election. But in Lewis鈥檚 estimation, that issue is 鈥渂igger than sports.鈥� 

鈥淚f I’m in a state that won’t let me compete, I’m probably not in a state that’s very friendly to LGBTQ students on the whole,鈥� he said. 鈥淚’m far more likely to just move on.鈥�

In blue states set to implement the new rule, many conservative parents say their children鈥檚 rights are also at stake. 

They鈥檙e concerned students would be disciplined for not using LGBTQ kids鈥� preferred pronouns, forced to censor their speech or share bathrooms and locker rooms with trans students.

Hillary Hickland, a mother of four in central Texas, moved her children out of the Belton Independent School District partly because she felt there was too much emphasis on students鈥� gender identity. Her sixth grade daughter told her that teachers encouraged a friend to identify as a boy and use a boy鈥檚 name without the parents鈥� knowledge. 

鈥淒on’t do it behind the backs of the parents. That’s a huge violation of trust,鈥� she said. As a Republican running for the Texas House, she鈥檚 concerned about sexual orientation and gender identity becoming part of Title IX. 鈥淲e have the federal government dictating what goes on in our local public schools. It really undermines the neighborhood school and that culture that we’re trying to preserve.鈥�

鈥楴ine months behind鈥�

Lewis predicts the Supreme Court will eventually follow its precedent in , which said that at least in the workplace, LGBTQ employees are protected from discrimination. The Biden administration鈥檚 new rule rests on that decision.

, who wrote that majority opinion, 鈥渃an鈥檛 undo Bostock. He said sex means LGBTQ rights,鈥� Lewis said. In red states where the rule is on hold, districts 鈥渂etter be ready to implement very quickly because [they鈥檙e] going to be nine months behind everyone else.鈥�

If the court also decides to address sports participation 鈥� an expected part of the regulation the administration has yet to issue 鈥� Lewis said it鈥檚 possible the justices would rule similar to the way they handled , leaving it to the states to determine when trans students can compete on teams consistent with their gender identity. 

He called that a 鈥渘ightmare scenario鈥� because it would 鈥渃reate a world where athletes could compete in some states but not others.鈥� And at the college, NCAA level, 鈥渢here will be all sorts of questions that can’t be limited to state borders,鈥� said Joshua Dunn, executive director of the Institute of American Civics at University of Tennessee, Knoxville. 鈥淭hey鈥檒l have to address that, too.鈥�

Dunn also suggested the conservative court might not follow Bostock and could treat LGBTQ issues differently at school than they do in the workplace. He noted cases, like , where the court put limits on students鈥� First Amendment rights in schools 鈥渢hat it would never allow outside of K-12 education.鈥� 

Overturning 鈥楥hevron鈥�

Another recent Supreme Court decision, unrelated to education, adds an additional layer of uncertainty to the debate over Title IX鈥檚 future 鈥� one that could affect both sides. 

In , the court overturned what was known as 鈥淐hevron deference,鈥� which gave federal agencies broad authority to interpret ambiguous laws through guidance and regulations. The decision gives federal courts more power to explain the law when it鈥檚 unclear, and experts say, should end 鈥�.鈥�

The Obama administration first issued a in 2011 stating schools鈥� obligations to protect students from sexual violence and harassment, which the Trump administration largely reversed in 2020, followed by yet another 180 in the spring by Biden鈥檚 education department.

Republicans have Education Secretary Miguel Cardona that they will review the department鈥檚 rules since President Joe Biden took office,  including Title IX. GOP leaders call the rule 鈥渙verreach.鈥� 

The conservative Heritage Foundation鈥檚 , largely assumed to be a legislative blueprint for a second Trump term,would remove the terms sexual orientation and gender identity from 鈥渆very federal rule, agency regulation, contract, grant, regulation and piece of legislation that exists.鈥�

But if Trump tries to reinstate the DeVos rule, Democrats could use Loper Bright to bring the same challenge, Lewis said.

鈥淚f you 鈥� say the department does not have the authority, then the 2020 regulations don鈥檛 count either,鈥� he said. 鈥淚t was exactly the same procedure.鈥� 

Utah Gov. Spencer Cox signed six bills the Legislature passed during this week鈥檚 special session 鈥� including a resolution that bans government officers from complying with a Title IX update that prohibits discrimination based on gender identity.

Wednesday to approve two resolutions 鈥� and 鈥� declaring they wouldn鈥檛 follow the federal directive that extends Title IX protections to transgender students and would allow them to participate on sports teams and use bathrooms and facilities of the gender they identify with.

With the signature, Utah is putting into action the recently enacted , which allows the state to not comply with federal policies in cases lawmakers consider 鈥渙verreach.鈥�

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During the debate, lawmakers said the new Title IX rules, set to become effective in August, are in conflict with state laws that restrict transgender people from using bathrooms and locker rooms of the gender they identify with. Also with , which bans transgender students from joining sports teams of their gender identity, among other harassment and abortion policies.

Back in 2022, Cox had vetoed HB11, citing 鈥渇undamental flaws鈥� and criticizing a last-hour change that allowed a complete ban of transgender high school and middle school students in the sports teams of the gender they align with.

鈥淚 must admit, I am not an expert on transgenderism. I struggle to understand so much of it and the science is conflicting. When in doubt however, I always try to err on the side of kindness, mercy and compassion,鈥� Cox said in a to the Legislature鈥檚 leadership. 鈥淚 also try to get proximate and I am learning so much from our transgender community. They are great kids who face enormous struggles.鈥�

However, the Legislature that veto.

Cox didn鈥檛 immediately comment on why he signed the resolutions Friday.

This January, Cox HB257, which restricts transgender people from accessing bathrooms and locker rooms that match their gender identity in government-owned facilities, and issued a one-line statement saying 鈥渨e want public facilities that are safe and accommodating for everyone and this bill increases privacy protections for all.鈥�

Rep. Kera Birkland, R-Morgan, who sponsored HCR301, the resolution to disregard the new Title IX policies 鈥� apart from HB11 and HB257 鈥� that she hopes the signature leads other states to take similar measures.

鈥淗opefully this all gets us one step closer to congressional action that protects and preserves women鈥檚 sports,鈥� Birkeland wrote.

Because of the resolution and the Utah Constitutional Sovereignty Act, the order to not comply with the federal law extends to K-12 schools and higher education, she explained.

鈥淯tah will follow state law and not an unconstitutional rule from unelected bureaucrats under the Biden Administration,鈥� she added in her post.

HJR301, a joint resolution with the same goal as HCR301, didn鈥檛 need Cox鈥檚 signature.

Apart from those items, Cox signed easing the terms of a controversial bill that would keep the Intermountain Power Plant鈥檚 coal generators running past its planned retirement date, an agreement that the Intermountain Power Agency said it wouldn鈥檛 oppose.

The governor also signed amendments to the Utah code related to the participation of exchange students in the statewide online education program and other actions 鈥渃ountering federal overreach on public lands,鈥� according to the session鈥檚 , among other changes.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Utah News Dispatch maintains editorial independence. Contact Editor McKenzie Romero for questions: info@utahnewsdispatch.com. Follow Utah News Dispatch on and .

A Texas federal judge blocked the Biden administration’s efforts to extend federal anti-discrimination protections to LGBTQ+ students.

In his ruling Tuesday, Judge Reed O’Connor said the Biden administration lacked the authority to make the changes and accused it of pushing 鈥渁n agenda wholly divorced from the text, structure, and contemporary context of Title IX.鈥� Title IX is the 1972 law that prohibits discrimination based on sex in educational settings.

鈥淭o allow [the Biden administration鈥檚] unlawful action to stand would be to functionally rewrite Title IX in a way that shockingly transforms American education and usurps a major question from Congress,鈥� wrote O鈥機onnor, a President George W. Bush appointee. 鈥淭hat is not how our democratic system functions.鈥�

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The Biden administration鈥檚 new guidelines, issued in April, expanded Title IX to ban discrimination based on sexual orientation and gender identity. The changes would make schools and universities responsible for investigating a wider range of discrimination complaints. The rule changes came as several states, including Texas, have approved laws in recent years barring transgender student-athletes from participating in sports teams that correspond to their gender identity. The Biden administration hasn鈥檛 clarified whether the new guidance would apply in those cases.

Texas and several other states have the Biden administration over the new rule. . A month after the guidelines were released, Gov. called on school districts and universities .

鈥淭hreatening to withhold education funding by forcing states to accept 鈥榯ransgender鈥� policies that put women in danger was plainly illegal,鈥� said Texas Attorney General in a statement applauding Tuesday鈥檚 ruling. 鈥淭exas has prevailed on behalf of the entire Nation.鈥�

An U.S. Education Department said in a statement it stands by its revised guidelines.

鈥淓very student deserves the right to feel safe in school,” the statement reads.

This article originally appeared in at . The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at .

The new Title IX rule, which goes into effect Aug. 1, requires districts to promptly investigate complaints, even if they occur off school grounds, and to extend those protections to LGBTQ students. Districts must also train school employees about their obligations to address sex discrimination.

鈥漈hese regulations make crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,鈥� said Education Secretary Miguel Cardona. 鈥淭itle IX’s prohibition of sex discrimination includes all forms of sex discrimination. No one should have to give up their dreams of attending or finishing school because they’re pregnant. No one should face bullying or discrimination just because of who they are or who they love.鈥�

Left unresolved, however, is a second, and more controversial, rule that applies to transgender students鈥� participation in school sports, which some observers speculate the administration is until after the election.

That did not dampen partisan objections to what they did include, which is expected to fuel a new wave of litigation. Republican Rep. Virginia Foxx, who chairs the House education committee, questioned the inclusion of transgender students under Title IX and said the rewrite rolls back protections for women.

鈥淭his final rule dumps kerosene on the already raging fire that is Democrats鈥� contemptuous culture war that aims to radically redefine sex and gender,鈥� she said in a statement. 鈥淭he rule also undermines existing due process rights, placing students and institutions in legal jeopardy and again undermining the protections Title IX is intended to provide.鈥�

President Joe Biden pledged to overhaul Title IX even before he won the 2020 election, when he said that prevents discrimination against LGBTQ employees on the job guarantees students the same protections at school. But it took over two years for the department to release an initial draft describing its new approach. A proposed rule concerning trans students鈥� participation in sports followed in early 2023, but has yet to be sent to the White House for final review.

Officials have attributed the delays on both rules to the hundreds of thousands of comments it received from the public. But there鈥檚 also been intense backlash from Republicans, who say allowing transgender women to compete on teams consistent with their gender identity upends the original goal of Title IX. 

Advocates and in Congress argued the delay left victims at risk and discouraged some students from reporting incidents because they thought schools wouldn鈥檛 respond.

鈥淔or many students, a weakened Title IX harassment rule is all they鈥檝e known through their college and high school experience,鈥� said Shiwali Patel, a senior counsel at the National Women鈥檚 Law Center. 鈥淓xtremist politicians have increasingly attacked the rights of LGBTQI+ students, especially, transgender, nonbinary, and intersex students, attempting to codify discrimination through legislation and other policies.鈥�  

On Friday, advocates welcomed the end of this first phase. Even so, many school districts might not be prepared to take the proactive approach that the rule requires. 

鈥淚t’s jaw-dropping to see things are still lax and so backwards,鈥� said Sandra Hodgin, founder and CEO of Title IX Consulting Group, a Los Angeles-based firm. Some districts, she said, have outdated policies or don鈥檛 inform students how to file a grievance.听

Districts will have to act fast, she said, to ensure they have a Title IX coordinator who is up to speed on the new requirements and can 鈥渉elp them navigate all of it.鈥� She noted a that found Liberty University, a Christian college, discouraged students from reporting sexual violence. 鈥淜-12 systems are going to be looking at things like that and hopefully say to themselves, 鈥榃e don’t want to be that example.鈥� 鈥�

In addition to requiring districts to promptly investigate any 鈥渟ex-based hostile environment鈥� in education programs both in and outside of school, the revised rule also removes the requirement for live hearings with cross-examination for sexual misconduct investigations. Former Education Secretary Betsy DeVos added to protect the due process rights of male students who argued they鈥檇 been unfairly accused of harassment or misconduct. 

Catherine Lhamon, assistant secretary of education for civil rights, dismissively noted the 2020 rule required schools to be 鈥渘o more than not deliberately indifferent鈥� to harassment.

The Biden administration has expected districts to comply with its applying Title IX protections to LGBTQ students even as Republican states filed litigation challenging that interpretation. Twenty-two states sued in 2022 over guidance from the U.S. Department of Agriculture, which oversees school nutrition, stating that programs receiving federal funds must follow or risk being reported to the Department of Justice. 

Max Eden, a research fellow at the conservative American Enterprise Institute, said he expects 鈥渓awsuits from state attorneys general within days, or at longest weeks.鈥� Some, he said, will challenge the administration鈥檚 decision to extend Title IX鈥檚 protections to include gender identity.  the rule could violate free speech if an offensive comment or a teacher鈥檚 refusal to use a preferred pronoun, for example, is perceived as discrimination. In a Thursday call with reporters, a senior administration official said if such a situation 鈥渓imits or denies [a student鈥檚] access to education,鈥� the person鈥檚 behavior could create a hostile environment.

Sasha Buchert, a senior attorney for Lambda Legal, an LGBTQ advocacy organization, however, said fear of litigation shouldn鈥檛 prevent school officials from following the law.

鈥淚f I was their council, I would remind them that they鈥檙e on the wrong side of the law if they decide to discriminate against LGBTQ students,鈥� she said. 鈥淚f you want to protect your school against liability, the smart thing to do would be to not choose to discriminate.鈥� 

In a decision this week, a federal appeals court agreed with the Biden administration鈥檚 interpretation that Title IX protections for LGBTQ students can apply to athletics. The U.S. Court of Appeals for the Fourth Circuit blocked West Virginia鈥檚 law banning trans students from playing on teams consistent with their gender identity.

focuses on Becky Pepper Jackson, a 13-year-old transgender girl and middle school track athlete, who has identified as a girl since third grade. 

Last year, West Virginia Attorney General Patrick Morrissey asked the U.S. Supreme Court to allow the state鈥檚 Save Women鈥檚 Sports Act to go into effect, but the court put it on hold. Buchert said she wouldn鈥檛 be surprised if Morrissey appeals the Fourth Circuit ruling as well.

In its Title IX draft for sports, the education department attempted to carve out a compromise, avoiding an across-the-board inclusion of trans students on teams consistent with their gender identity. But it didn鈥檛 also didn鈥檛 ban such policies outright. The draft states that schools and colleges could limit transgender students鈥� participation in specific sports 鈥� particularly at the more competitive high school and college levels. But in the elementary grades, and likely into middle school, most students would be able to play sports consistent with their gender identity.

Buckert said advocates hope the department will 鈥渋ssue a strong rule that provides clarity about where the department stands on those issues.鈥�

, the Republican presidential nominee, has said he won鈥檛 鈥渁llow men in women鈥檚 sports.鈥� If he wins, some observers wouldn鈥檛 be surprised to see him rescind any attempt by the Biden administration to allow trans students to compete in sports consistent with their gender identity. 

鈥淲e鈥檙e looking at a very polarized Title IX conversation,鈥� she said.

The researchers 鈥� “Team TALKS鈥� 鈥� are interested in hearing from participants who are passionate about creating schools free of sexual misconduct and would like to share their experiences and insights. They will take part in one 75-minute to share their insights, hear from peers and colleagues, and learn about researchers鈥� findings and recommendations. 

Team TALKS wrote to Stop Sexual Assault in Schools 鈥� which is collaborating on the research 鈥� that 鈥渁 deeply concerning issue persists and negatively affects the lives of countless young people: peer-to-peer sexual harassment and assault. School administrators and Title IX coordinators are critical in creating a sustainable change that reduces sexual harassment and assault among students in school.鈥� They aim to understand school administrators鈥� needs in 鈥減reventing, investigating and processing incidences of sexual misconduct.鈥�

Obstacles to making sustainable change stem from 鈥渢he lack of resources to support Title IX compliance, including for Title IX coordinators, who are responsible for ensuring schools are complying with Title IX and responding appropriately to sex discrimination, including sexual harassment,鈥� Shiwali Patel, director of justice for student survivors and senior counsel at the National Women鈥檚 Law Center, noted in correspondence with Stop Sexual Assault in Schools.

Beyond Title IX compliance, administrators must also learn to address the many underlying factors that contribute to persistent sexual harassment in schools: inconsistent training, underreporting, poor recordkeeping of incidents and ongoing hostile climates for LGBTQ and other vulnerable students. 

The university researchers are collaborating with the national nonprofit , which educates schools, students and families about the right to an equal education free from sexual harassment and assault. The nonprofit will make the researchers鈥� data and recommendations freely available to schools, gender-equity organizations and others to shape new resources and legislative initiatives.

Stop Sexual Assault in Schools board chair Heidi Goldstein, a long-time advocate for gender equity in the Berkeley Unified School District and consultant to other school districts in Alameda County, California, underscores the importance of this project:

“This research is immensely valuable because there is very little data around how K-12 school districts set up their nondiscrimination and compliance offices, or clarity around the kinds of supports districts need to effectively manage these issues. Especially in times of lean funding, districts are searching for guidance on how to train staff to comply with state and federal nondiscrimination regulations, while facilitating coordination across departments tasked with student culture, discipline, special services and stakeholder communications when incidents arise. 

“The insights from the Team TALKS work will help K-12 districts more effectively manage their nondiscrimination infrastructure by identifying areas of targeted investments for staff, tools, training and student culture programs to improve their ability to prevent, manage and resolve incidents.”

The study is particularly timely with new federal Title IX regulations expected to be in March. Participants鈥� contributions will help define concrete needs and remedies that districts can use to improve their procedures and sexual misconduct responses. 

School administrators and Title IX coordinators who are interested in participating in a focus group can sign up .

In a federal court motion filed Nov. 14 that cited 蜜桃影视鈥檚 exclusive reporting, attorney Andrew Brenner described the disclosure as 鈥渁t best, careless,鈥� particularly after the former student won a legal battle against the district for her right to remain anonymous. Brenner asked the U.S. District Court for the Eastern District of Virginia to compel Fairfax to explain how her name ended up in documents released as part of a records request that had nothing to do with her case.

A hearing on the motion is set for Dec. 15.

Known as B.R., the woman is as well as the former students she alleges sexually assaulted her in 2011, with a trial set to begin in March. The motion asks for the names of all district employees involved in producing the materials that identified her as well as the district鈥檚 steps 鈥渢o collect, review, compile and transmit the documents鈥� prior to their release.

The district鈥檚 response to the motion could provide insight into how unredacted records on tens of thousands of students were released to a parent and special education advocate. The documents included sensitive, confidential information such as grades, disability status and mental health conditions.

Following 蜜桃影视鈥檚 report, the district apologized and launched an investigation. A firm with expertise in cybersecurity 鈥� 鈥� is handling the probe, but some parents with children named in the disclosure said so far, no one has contacted them. Superintendent Michelle Reid said in she will share a summary of the investigation once it鈥檚 complete.

Callie Oettinger, the parent who received the records, went to her local high school in mid-October to examine what she thought were records pertaining to her own two children. Her son, who received special education services in the district, has since graduated, and her daughter is still in high school. She copied computer files onto thumb drives as a paralegal observed and helped her identify some of the records. 

While most of the documents set aside for her review included her children鈥檚 names, they also revealed information on what she estimates were at least 35,000 other students. B.R.鈥檚 full name was listed in a document labeled 鈥渁ttorney work product鈥� and marked 鈥減rivileged and confidential,鈥� as well as in an email to board members about litigation to discuss in a 2020 closed meeting.

The records also identified another former student with a separate Title IX case against the district. In reached last year, the district agreed to always redact the student鈥檚 real name from any copy of the document and only use a pseudonym when referring to the case. Her attorneys did not respond to a request for comment.

The day after issuing its apology, the district sent Oettinger a strongly worded email demanding that she 鈥渞eturn all files removed, including any and all physical media used for unauthorized extraction of information from FCPS.鈥� The letter referred to the documents as 鈥渨rongfully retained information.鈥�

To her attorney, the language suggested Oettinger was at fault. 

鈥淪he’s done nothing illegal, and they have no legal right to compel her to do anything,鈥� said Timothy Sandefur, vice president for legal affairs at the Goldwater Institute, a Phoenix-based libertarian think tank. Oettinger posted redacted documents from the recent trove on she runs on special education issues. 鈥淚f they want assurance that she is not going to publish any kind of confidential information about kids, she absolutely will not publish confidential information about children. She has assured everybody of that already.鈥�

Oettinger sent the thumb drives to Sandefur, who has since communicated with attorneys conducting the district鈥檚 investigation. But he declined to provide an update on the district鈥檚 progress. The attorneys conducting the investigation also didn鈥檛 respond to requests for comment.

A need for 鈥榬obust action鈥�

Oettinger didn鈥檛 initially alert the district to the disclosure because, she said, it has failed to make improvements after previous privacy violations. In fact, on Oct. 19 鈥� the third and final day that Oettinger reviewed files in person 鈥� the Virginia Department of Education responded to one of her earlier complaints, finding the Fairfax district out of compliance with the federal Family Educational Rights and Privacy Act, or FERPA.

The decision only pertained to her son and was not a statement about the district鈥檚 overall privacy record.

Patricia Haymes, who directs the state agency鈥檚 Office of Dispute Resolution and Administrative Services, noted that officials have had 鈥渙ngoing concerns鈥� regarding student confidentiality in Fairfax and 鈥渂elieved that there was a need for the school division to take more robust action to ensure sustainable compliance.鈥� But she also said the district assured her in September that it was taking steps 鈥渞egarding the confidentiality of and access to student records.鈥�

In that Sept. 27 letter, the district said it was training staff on their obligations under FERPA and the Freedom of Information Act, and was planning a 鈥渕andatory training鈥� for principals and other administrators in charge of student records and special education. Training was scheduled to begin Oct. 31 and employees have two months to complete it. 

On. Nov. 8, Oettinger appealed the state鈥檚 decision, citing 蜜桃影视鈥檚 reporting on the accidental records release. Both the district and the state have 鈥渇ailed to ensure compliance 鈥� and now here we are,鈥� she wrote. 鈥淵ou have enough for [the district] to be found at fault for systemic noncompliance.鈥� 

The district disputes that it has violated the law. In a Nov. 21 response to Oettinger鈥檚 appeal, it described the disclosure as a 鈥渟ingle instance of what appears to be human error鈥� and said that Oettinger鈥檚 in-person review of the documents, which FERPA allows, was 鈥渙utside the typical electronic document production that FCPS employs.鈥�

Oettinger said she has faith in Reid, who became superintendent last year, to push for tighter security.  The two have exchanged emails and met in person multiple times. Oettinger said she鈥檚 鈥渃hoosing to believe Reid鈥檚 trying to change the district鈥檚 culture and that she knows me enough to know I’d never do anything nefarious.鈥�

Some special education experts in the state are baffled by the district鈥檚 mistake. 

鈥淚t’s just the norm that when you do a document production, you are careful about what you shouldn’t be disclosing 鈥� whether it’s other students鈥� names or legal advice,鈥� said Jim Wheaton, a William and Mary Law School professor who runs a legal clinic for future attorneys that plan to work on special education issues. 鈥淚t just blows my mind that they would be so reckless.鈥�

But he said that there鈥檚 not much parents can do about such violations. They can file complaints, but there鈥檚 no right to sue under FERPA.

鈥淚n religious terms,鈥� he said, 鈥渋t鈥檚, ‘Go forth and sin no more.’鈥�

The students, 12- and 16-years-old at the time of the alleged incidents, said district officials failed to respond adequately to their reports 鈥� accusations they deny. In court, the students鈥� lawyers fought successfully for their right to stay anonymous.

鈥淚t鈥檚 completely irresponsible,鈥� said Shiwali Patel, an attorney with the National Women鈥檚 Law Center, which supporting one of the former Fairfax student鈥檚 requests to keep her identity private. She said a lot of victims of sexual violence don鈥檛 come forward because they 鈥渄on’t want to have their name out there in the public.鈥�

蜜桃影视 reported Wednesday on the district鈥檚 release of records on an estimated 35,000 students to a parent who has been an outspoken critic of Fairfax鈥檚 data privacy record. District officials declined to comment on the specifics of the disclosures, but late Wednesday issued an apology and launched an 鈥渆xternal legal investigation鈥� to determine how staff released the documents.

Two weeks ago, Callie Oettinger, a special education advocate, went to her local high school to review what she thought were records she had requested on her children. But she ended up with a trove of digital files that included personal information such as addresses and disability diagnoses, and that named students who had engaged in self-harm or been hospitalized. 鈥淲e are deeply sorry that this happened,鈥� the district said, predicting the probe 鈥渃ould take some time鈥� due to the large number of affected students.

In addition, Superintendent Michelle Reid responded to an email from Oettinger, saying that she had 鈥渟poken with staff and requested an immediate and thorough review into this deeply concerning matter.鈥� 

The documents also named students with disabilities involved in a over the use of seclusion and restraint. Following a local news investigation, almost 1,700 instances involving over 200 students during the 2017-18 school year. Some students as young as six were isolated in a room dozens of times during the year. The case ended in 2021 with in which the district promised to phase out such practices by the end of last school year. Court documents only used students鈥� initials, but the documents released used their full names. 

鈥淎bsolutely, student names should have been protected,鈥� said Denise Marshall, executive director of the Council of Parent Attorneys and Advocates, a nonprofit that joined the parents who sued the district. She called the leak 鈥渁n egregious breach of privacy.鈥�

One of the documents on those students, labeled 鈥渁ttorney work product鈥� and 鈥減rivileged and confidential,鈥� also contained the names of two former students involved in Title IX cases against the district. It identified them as 鈥淛ane Doe,鈥� but then listed their real names in parentheses. Their last names were also included in an email from John Foster, the district鈥檚 general counsel, to board members about cases they鈥檇 discuss in a 2020 closed meeting.

In the , a plaintiff identified as Jane Doe was a 16-year-old Oakton High School student when she alleged that she was sexually assaulted during a three-day band trip in 2017. She sued in 2018, saying that officials violated Title IX because they knew about the allegations, but waited until the trip was over to address it. She alleged that the district discouraged her from contacting police and when they told her parents, suggested their daughter would face discipline for having sex while on the trip.

Doe won her case in the U.S. Court of Appeals for the Fourth Circuit, but it ended in a settlement last year after the U.S. Supreme Court declined to hear the district鈥檚 appeal. She received almost $588,000 in , but the district made no admission of responsibility. The agreement includes a stipulation that the district will always redact Doe鈥檚 real name from any copy of the document and only use a pseudonym when referring to the case.

Lawyers for both students declined to comment on the recent disclosures.

The second case, , is set for trial in March in a federal district court. B.R., as she鈥檚 named in the suit, was a 12-year-old student at Rachel Carson Middle School in 2011 when she said an older group of students repeatedly raped, tortured and threatened her with death over a four-month period. She alleged that they were part of a gang tied to sex trafficking in Northern Virginia.

While she later reported the alleged attacks to the police, she said the detective who investigated was a former school resource officer in the district who quickly closed the case. The district argued that staff responded appropriately, but a by the U.S. Department of Education鈥檚 Office for Civil Rights concluded the district could have acted more quickly. As a result, the district updated its policies.

At 19, she sued the district and her alleged attackers, saying educators ignored her requests for help. The school district argued the case should be dismissed because she missed a deadline for requesting to use a pseudonym. The in B.R.鈥檚 favor, but the district appealed to the Fourth Circuit.  

The National Women鈥檚 Law Center was one of 52 organizations that argued the case should continue, despite what it called a 鈥減rocedural technicality.鈥� In November 2021, the ruled in favor of the plaintiff. 

鈥淚n many of these cases, plaintiffs are proceeding with a pseudonym. That is not uncommon,鈥� Patel said. 鈥淔or the district to push back against that is a bullying tactic. It doesn鈥檛 impact their ability to defend the lawsuit.鈥�

Republicans have called on the administration to and are the administration for its interpretation that Title IX covers sexual orientation and gender identity. But Democrats say transgender students need the overhaul to combat discrimination and harassment in school. Excluding trans students from using bathrooms and playing on sports teams consistent with their gender identity denies their civil rights, they say. 

The U.S. Department of Education is still reviewing 鈥渁 historic number of comments鈥� from the public on the proposed regulations, according to a department spokesperson, and is now likely to miss its for release.

The department鈥檚 Office for Civil Rights received almost 240,000 comments on the primary rule, and more than 156,000 on the athletics rule. The department plans to release both portions at the same time, but the draft rule still faces review from the Office of Management and Budget, a required step that typically lasts 120 days.

While department officials declined to say if they鈥檇 miss the deadline, one expert is skeptical.

W. Scott Lewis, a partner with TNG, a consulting firm that works on Title IX issues, said it鈥檚 possible the rule won鈥檛 come out until spring. That timing, he said, 鈥渨ould be better for school districts and colleges鈥� because it would allow them to make changes in the spring for the 2024-25 school year. 

The initial draft was released in July 2022, followed by the in April.

鈥淲e might miss it; we might not,鈥� a department spokesperson told 蜜桃影视 Friday. 鈥淭he Department is working overtime to ensure that each [comment] is thoroughly read and carefully considered.鈥�

Higher Ed Dive the delay Thursday. Opponents of the rewrite seized upon the news as a sign their pushback has been effective.

The administration is 鈥渞esponding to growing criticisms from many sectors of society,鈥� Stop Abusive and Violent Environments, an advocacy organization, said in a .

But advocates for the revision say they are tired of waiting.

Anya Marino, director of LGBTQI Equality at the National Women鈥檚 Law Center, said trans and nonbinary students are facing 鈥渟taggering rates鈥� of abuse and harassment. A showed that almost 70% of LGBTQ students feel unsafe at school because of their sexual orientation, gender identity or gender expression. Four in 10 LGBTQ students said they avoided bathrooms, locker rooms and gym class because of concerns for their safety.

鈥淭hese very real harms have been exacerbated by the recent wave of anti-LGBTQ legislation and policies introduced at the state and local level, nationwide,鈥� she said. 鈥淭he Department鈥檚 rule is needed now.鈥�

Biden took office with plans to roll back former Education Secretary Betsy DeVos鈥檚 similarly divisive rewrite of Title IX and, for the first time, extend protections to LGBTQ students. The DeVos rule, which also went through a formal notice and comment period, narrows the definition of sexual misconduct and sets limits on investigating incidents that occurred off campus. The rule also acknowledges the due process rights of students who said they have been unfairly accused of sexual misconduct. 

The Biden proposal would require schools to investigate 鈥渉ostile environments鈥� even if they occur outside of school. 

But the plan to broaden the rule to prohibit discrimination and harassment based on gender identity and sexual orientation has sparked the most outrage from conservatives, who argue the administration would undo Title IX鈥檚 accomplishments for women over the past 50 years.

Recognizing the sharp divide over trans students鈥� participation in girls鈥� sports, officials handled that part of the rule separately and ultimately issued a draft that in general would allow elementary-age students to play sports consistent with their gender identity, but gives districts the discretion to exclude older trans students from competing with cisgender girls in certain sports. 

now bar trans students from participating in sports consistent with their gender identity.

The proposal left the argument far from settled. Most advocates for LGBTQ issues say there are no circumstances in which trans students should be excluded.

In a counter move, the GOP-dominated House in April that would make the inclusion of trans students on teams consistent with their gender identity a Title IX violation. The Senate, still in the hands of Democrats, isn鈥檛 expected to take action on the bill.

This would be the second time release of the final rule has been pushed back. The department originally . Despite the procedural delays, the administration is still acting under Biden鈥檚 2021 that prohibits discrimination on the basis of gender identity and sexual orientation. 

鈥淲e continue to enforce Title IX consistent with existing law that protects students on the basis of sex, including LGBTQI+ students,鈥� the spokesperson said.

That interpretation led to a  from the U.S. Department of Agriculture, stating that the order covers school meal programs and that any program receiving Food and Nutrition Service funds 鈥渕ust investigate allegations of discrimination based on gender identity or sexual orientation鈥� and update signs to say nondiscrimination policies include LGBTQ students.

Twenty-two states over the issue, and Republicans in Congress, including Sen. Rob Marshall of Kansas, accused the administration of holding 鈥渃hildren鈥檚 lunch hostage in pursuit of your woke agenda.鈥� 

The department spokesperson did not offer a new timetable for releasing the final rule, saying, 鈥淲e are utilizing every resource at our disposal to complete this rulemaking process as soon as is practicable.鈥�