What the State Superintendent says on federal investigation into WA's non-discrimination school laws
Last week, the U.S. Department of Education (DOE) issued a letter requesting states to certify compliance with the Department's interpretation of federal civil rights guidelines, or risk losing federal funding.
Following that letter, the DOE and the Department of Justice are launching a 'first-of-its kind' investigation into the Washington Office of the Superintendent of Public Instruction (OSPI) over the state's non-discrimination laws for schools.
The suit alleges that OSPI is out of compliance with Title IX, the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).
'Multiple Washington State school districts have reported that OSPI is requiring school boards to adopt policies that allow males to participate in female sports and occupy female-only intimate facilities, thereby raising substantial Title IX concerns,' a DOE press release said.
U.S. Secretary of Education, former WWE promoter Linda McMahon, said that the state 'appears to use its position of authority to coerce its districts into hiding 'gender identity' information from students' parents and to adopt policies to covertly smuggle gender ideology into the classroom, confusing students and letting boys into girls' sports, bathrooms, and locker rooms.'
In response, State Superintendent Chris Reykdal said that the investigation is the 'latest [Trump] Administration's dangerous war against individuals who are transgender or gender-expansive.'
'Washington public schools have a responsibility to provide a safe and nondiscriminatory environment for all students, including transgender and gender-expansive students, so that all students can thrive. Since 2006, Washington state law has prohibited discrimination on the basis of gender identity, and the state has allowed students to participate in school-based athletics in alignment with their gender identity since 2007. These protections fit within the scope of what is allowed by federal law and have been successfully established and implemented for nearly two decades.
Transgender and gender-expansive students are not the only students affected by gender and gender stereotypes at school. When schools affirmatively support gender diversity, all students are empowered to live more authentically and to take advantage of different opportunities that might not have otherwise been available," Reykdal said, in part, in a statement.
McMahon said that the schools must 'abide by the law if they expect federal funding to continue.'
Reykdal continued his statement with:
A student's school should be a safe place where they can learn, thrive, and be their authentic self, and family involvement and acceptance are extremely beneficial to all students. Unfortunately, it is not safe for all individuals to open up to their family regarding gender identity, and family rejection related to an individual's gender identity results in increased odds of a suicide attempt and/or misusing drugs or alcohol. It is not the role of the school system to facilitate private conversations that should be happening between students and their parents or guardians, and the federal government should not force schools to play the role of parents when it comes to gender identity.
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