Latest news with #TITLEIX
NBC News
09-07-2025
- Politics
- NBC News
Justice Department sues California over transgender athlete policies
The Trump administration sued California Wednesday for allegedly violating federal law with policies that allow transgender student athletes to compete on school sports teams that align with their gender identities. The lawsuit is the latest escalation of the administration's back and forth with the state, which has refused to follow an executive order President Donald Trump signed in February that would bar federal funding from schools that allow trans girls and women to compete on female school sports teams. The Justice Department alleges in its complaint that the California Department of Education, or CDE, and the California Interscholastic Federation, or CIF, a nonprofit independent sports governing body, have violated Title IX, a civil rights law that prohibits sex-based discrimination in federally funded education programs and activities. 'The Governor of California has previously admitted that it is 'deeply unfair' to force women and girls to compete with men and boys in competitive sports,' Attorney General Pamela Bondi said in a statement, referring to a comment Gov. Gavin Newsom made on his podcast in March. 'But not only is it 'deeply unfair,' it is also illegal under federal law. This Department of Justice will continue its fight to protect equal opportunities for women and girls in sports.' The Department of Education has allocated $44.3 billion in funds to CDE for 2025, according to the complaint, of which $3.8 billion is still available for the CDE to withdraw. Scott Roark, the CDE's public information officer, and Christina Shannon, the assistant to the executive director for the CIF, both said in emails that they cannot comment on legal matters. Newsom is not a named plaintiff in the lawsuit. However, Elana Ross, a spokesperson for his office, said the CIF and the CDE are following existing state law, 'a law that was passed in 2013, signed by Governor Jerry Brown, and in line with 21 other states.' 'NO COURT HAS ADOPTED THE INTERPRETATION OF TITLE IX ADVANCED BY THE FEDERAL GOVERNMENT, AND NEITHER the Governor, nor THEY, get to wave a magic wand and override it — unlike Donald Trump, California follows the law,' Ross said in an emailed statement. 'At a time when the Trump administration is withholding billions in funds for education, this ongoing attack is a cynical attempt to distract from the Trump administration's defunding of nearly 3 million girls enrolled in California's public school.' Trump's executive order regarding trans athlete participation is based on his administration's interpretation of Title IX and essentially reversed a rule the Biden administration issued last April clarifying that Title IX protects LGBTQ students from discrimination based on sexual orientation and gender identity. Biden's administration proposed a different rule under Title IX in 2023 that would have prohibited blanket bans on trans athlete participation. However, after repeated delays, the administration withdrew the proposal in December 2024 and then issued the broad rule protecting LGBTQ students in April. More than half of states have enacted measures restricting trans students ' participation in school sports, according to the Movement Advancement Project, an LGBTQ think tank. California is one of 21 states that does not and has had a state law allowing trans students to compete on school sports teams that align with their gender identities since 2013. The back and forth between the Trump administration and California began just after Trump signed the executive order regarding trans athletes in February. That same month, the CIF said it would follow state law, and not Trump's executive order. Then, days later, the Education Department opened an investigation into the CIF and then began investigating the California Department of Education in April. The administration said last month that its investigation found both the CDE and the CIF violated Title IX, and it gave both organizations 10 days to voluntarily change the policies 'or risk imminent enforcement action,' including referral to the Justice Department for 'proceedings.' The Education Department also proposed a resolution agreement with a list of actions the organizations would need to take to bring the state into compliance with Trump's executive order. On Monday, the CDE told the Education Department in a letter that it disagreed with the investigation's findings and would not sign the proposed resolution agreement. The CIF said it agreed with the CDE and would also not sign the agreement. That same day, Education Secretary Linda McMahon threatened the state with legal action in a post on social media. The heated exchanges were fueled in part by Trump's criticism of AB Hernandez, a trans track-and-field athlete whose participation he described as 'NOT FAIR, AND TOTALLY DEMEANING TO WOMEN AND GIRLS' on Truth Social in May. At the state championships that month, Hernandez placed first in the triple jump, tied for first with two competitors in the high jump and placed second in the long jump. Due to a new pilot entry process from the CIF, which it announced shortly after Trump's criticism, Hernandez shared each podium with cisgender girls who would've placed after her if not for the new policy.
Politico
16-06-2025
- Politics
- Politico
Civil rights groups sound alarm over Energy Department Title IX regs
A TITLE IX DEADLINE — The Trump administration is seeking to rescind key civil rights protections for sex discrimination in sports and education programs through a swift regulatory process at an unlikely agency: the Department of Energy. — Buried in a list of more than three dozen regulation changes published in May, the DOE is moving to rescind regulations that oversee sports participation and some sex discrimination protections for students in education programs. The regulations align with a series of executive orders signed by President Donald Trump earlier this year that seek to ban transgender athletes from women's sports and one that proclaimed there are only two sexes, male and female. — The direct final rules would take effect by July 15 unless there are significant adverse comments submitted against the regulations by today. Civil rights advocates argue the agency is circumventing the traditional notice and comment rulemaking process by using a regulatory process reserved for noncontroversial rules. They say the process does not apply to Title IX, the federal education law that bars sex-based discrimination, and at risk are protections that have been around for decades. — So far, more than 2,000 comments have been submitted on the athletics rule and more than 8,200 comments have been submitted on the rule on education programs as of Sunday evening. But comments submitted on the regulation have been unable to be publicly viewed. — More than two dozen agencies play a part in Title IX compliance. Civil rights advocates say they are concerned about what precedent it could set for how other agencies overhaul their civil rights enforcement guidelines. 'If this is successful, it really creates a blueprint for dismantling civil rights protections across the board while flying under the radar,' said Kel O'Hara, senior attorney for policy and education equity at Equal Rights Advocates. — What are the changes: Schools would no longer be required to allow a student of the opposite sex to try out for a non-contact sports team if their school does not have one for their sex. For example, a school would no longer be required to allow a female athlete to try out for the men's tennis team if their school does not have a women's team, which advocates say is largely common in schools in rural areas. The agency claims that the provision ignores differences between the sexes. For education programs, schools would no longer be required to take 'remedial action' or 'affirmative action' to assist students in overcoming the effects of of sex discrimination they've faced. — 'This is a clear example about how the anti-trans sports ban executive order doesn't do anything to protect women and girls,' said Shiwali Patel, senior director of safe and inclusive schools at the National Women's Law Center. 'Really, here is a way that they're using it to harm athletic opportunities for all women and girls.' — The agency, in the regulations, said it is rescinding the provisions because it deemed them to be 'unnecessary.' DOE did not respond to a request for comment before publication. — How does Energy even play a role here?: While DOE isn't the main enforcer of Title IX, the agency's Office of Economic Impact and Diversity monitors and enforces compliance among educational programs at institutions that receive federal funds or grants from the agency. The office has long used the law to close the gap between men and women in science, technology, engineering and mathematics fields, and the agency's Office of Civil Rights investigates sex-based discrimination. IT'S MONDAY, JUNE 16. WELCOME TO WEEKLY EDUCATION. Let's grab coffee. Drop me a line at bquilantan@ Send tips to my colleagues Rebecca Carballo at rcarballo@ Mackenzie Wilkes at mwilkes@ and Juan Perez Jr. at jperez@ Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You'll also receive daily policy news and other intelligence you need to act on the day's biggest stories. Driving the day TRUMP, HARVARD HEAD TO THE COURTROOM … AGAIN — Harvard University and the Trump administration will face off again today at 10:30 a.m. in a Boston courtroom over the president's bid to prevent international students from entering the U.S. or getting visas to attend the Ivy League school. The institution is seeking a preliminary injunction to prevent the administration from taking further actions while the case is ongoing. — Earlier this month, U.S. District Judge Allison Burroughs issued a temporary restraining order instructing the Department of Homeland Security and the State Department to disregard a proclamation Trump issued wielding presidential immigration authority to effectively ban foreign nationals from entering the U.S. to study or teach at Harvard. — Harvard's lawyers argue in their amended suit that the president's actions 'are not undertaken to protect the 'interests of the United States,' but instead to pursue a government vendetta against Harvard.' Pointing to recent comments by Trump in the Oval Office and on social media, the school contends that his latest actions are unconstitutional retaliation for its decision to go to court rather than acquiesce to his demands. — The government argues that Trump's proclamation is not 'retaliatory' and instead is 'based on concrete and articulated concerns about national security, springing from institutional noncompliance and entanglements with foreign adversaries.' It also says it's within the president's 'constitutional and statutory authority to govern the immigration system and foreign affairs of the nation.' JUDGE DECLINES TO RELEASE KHALIL — A federal judge declined Friday to order the Trump administration to release pro-Palestinian activist Mahmoud Khalil from immigration detention despite finding that the basis for his arrest and initial detention was illegal, POLITICO'S Kyle Cheney and Erica Orden report. — U.S. District Judge Michael Farbiarz ruled Wednesday that Secretary of State Marco Rubio's decision to revoke Khalil's green card and tee up his deportation was likely unconstitutional retaliation for his role organizing pro-Palestinian protests on Columbia University's campus last year. But on Friday, Farbiarz said the administration could continue to keep Khalil detained in Louisiana, where he's been locked up since March, on a separate alleged immigration violation that officials lodged after his arrest. — That violation was based on an allegation that Khalil failed to list prior employers and membership in certain organizations when he obtained his green card. Khalil and his attorneys say the second charge was linked to the same retaliation campaign. 'That second charge has not been preliminarily enjoined by the court,' Farbiarz wrote in response to a demand for clarity from Khalil's attorneys. Report Roundup — A poll by the National Parents Union found parents across the political spectrum strongly oppose provisions in the Republican-backed reconciliation bill, including cuts to Medicaid, SNAP, college financial aid and public education. Syllabus — Teachers union president Randi Weingarten resigns from DNC: POLITICO — 100 students in a school meant for 1,000: Inside Chicago's refusal to deal with its nearly empty schools: Chalkbeat/ProPublica — Undocumented students rethink their college dreams after Texas cuts their access to cheaper tuition: The Texas Tribune — Kids are ditching traditional college for career tech programs. Parents are concerned: USA Today
Yahoo
15-02-2025
- Politics
- Yahoo
School board member hires attorney to defend against discrimination complaints
Frederick County Board of Education member Colt Black said he has hired an attorney to defend himself against discrimination complaints stemming from public comments he made about transgender students. Frederick County Public Schools received 32 Title IX Discrimination and Harassment complaints and six Hate Bias Incident complaints submitted by employees and community members that specifically denounce Black's language toward transgender and gender non-conforming students at a Jan. 8 school board meeting. Referring to the part of FCPS' gender identity policy, Policy 443, that instructs teachers and staff members to use a student's preferred name and pronouns, Black said at that meeting: 'Just as much as you have your right to be you, we have our right to be free from you.' Black has said he was referring to First Amendment rights of speech and association for people who object to the policy's requirements on preferred names and pronouns. The complaints are dated between Jan. 8 and 17. Some complaints use identical language to describe the problem and how the complainant would like the problem to be resolved. On Jan. 11, the Frederick County Democratic Central Committee posted a public statement on Facebook urging people to file Title IX Discrimination and Harassment complaints. A complaint submitted to the school system triggers a response from the FCPS Title IX coordinator, who then identifies an investigator and contacts the complainant, according to FCPS regulation. Rae Gallagher, president of the school board, on Thursday declined to comment on a Title IX investigation against Black. Steven Blivess, chief legal counsel for the school district, on Friday declined to comment on the process of a Title IX investigation in the school district. In an interview on Friday, Black directed questions to his attorney. During a board member comment period at Wednesday's school board meeting, he called on Gallagher to resign, calling it an 'unlawful investigation.' 'We will not be silenced,' he said. Matthew Ray, legal counsel for the Alliance Defending Freedom, which is representing Black, said Friday that Black's speech is protected under the First Amendment. The Alliance Defending Freedom describes itself as 'the world's largest legal organization advancing every person's God-given right to live and speak the truth.' Ray said Black received a message from Blivess on Jan. 15 saying that a Title IX investigation has begun. Brigit Berkeley, a spokesperson for Alliance Defending Freedom, declined to share a copy of the message with The Frederick News-Post. TITLE IX COMPLAINTS FCPS Policy 443 was created to 'prevent discrimination, stigmatization, harassment, and bullying of students who are transgender or gender nonconforming' and to 'create school cultures that are safe, welcoming, and affirming for all students.' The policy — which is up for review by the school board's Policy Committee in May — also details specific guidelines for FCPS students and staff members. For example, the policy directs students to use locker rooms and bathrooms consistent with their gender identity, and says students can play on sports teams and participate in physical education classes consistent with their gender identity. Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in federally funded schools and education programs and protects students from sexual harassment in educational spaces. FCPS Policy 116 and corresponding Regulation 116-01 govern Title IX interpretations within the school system and explain procedures for an investigation. In April 2024, the U.S. Department of Education under the Biden administration enshrined protections for LGBTQ+ students in its prevention of sex-based discrimination. In January of this year, a federal district court judge in Kentucky struck down those protections and reverted the policy back to a version from 2020 during President Donald Trump's first term. About a third of the complaints submitted to the school district recommended that Black be removed from the board or publicly apologize for his comments at the Jan. 8 meeting. The Title IX complaints also include a multiple choice section about what the alleged discrimination or harassment was based on. The complaints filed included the answers 'sexual orientation,' 'gender identity,' 'gender expression,' 'sex,' or a combination of the four. One of the complaints from an FCPS community member alleged that Black's comments at the Jan. 8 school board meeting 'suggests that he believes some students can be excluded from FCPS schools and as a board member, may take action that results in exclusion based on sex.' A different complaint from an FCPS employee said Black's comments were 'hurtful and discriminatory to families, teachers, and trans kids like my daughter.' The News-Post made a Maryland Public Information Act request for the complaints on Jan. 15. FCPS' legal counsel provided copies of the complaints to the News-Post on Feb. 7, after redacting identifying information about each complainant. Black said in an interview on Friday that he was notified of an external investigation against him by an email from Blivess. Ray said on Friday that Black was notified on Jan. 15 by email that the school board retained outside legal counsel to conduct a Title IX investigation against him. He said the email from Blivess indicates that Mareco Edwards of South River Partners was hired by FCPS to conduct the investigation. Edwards could not be reached for comment by email or phone on Friday. A phone number on the South River Partners website had a message that it doesn't accept incoming calls. An email message to the company was not immediately returned. Ray said the email from Blivess explained that the investigation would include an interview with Black and interviews with the complainants. He said Black, as of Friday, had not been interviewed. 'At the end of that process, a determination would be made as to whether Mr. Black's comments did in fact violate the Title IX policy,' he said. Ray said the investigation 'in and of itself violates Mr. Black's First Amendment rights' and the investigation is 'the Board of Education weaponizing its Title IX policy to silence him.' 'As an elected official, Colt had the duty to speak about these issues that are important to teachers, parents and the students of Frederick County,' he said. 'When he was speaking, he addressed his concerns about the board Policy 443, which he was concerned that violated the First Amendment rights and compelled the speech of students and staff in the school district.' Ray said the First Amendment protects Black's right to speak on that issue and 'we demanded that the school immediately cease this investigation.'
