State Superintendent Urges Schools to Consult Lawyers Over Controversial Title IX Reforms

By Staff Reporter |

State Superintendent of Public Instruction Tom Horne has urged Arizona’s school districts and charter schools to seek legal advice in light of the contentious Title IX revisions.

The modifications to Title IX redefine “sex” to encompass “gender identity.” Consequently, schools must allow access to gender-specific programs, activities, and spaces based on gender identity rather than biological sex, such as sports teams, locker rooms, and bathrooms. The U.S. Department of Education (ED) released the final rules in April.

The ED justified the expanded definition by stating that exclusion based on biological sex constitutes sex discrimination.

“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “These final regulations ensure that all students can access schools that are safe, welcoming, and respect their rights.”

The new rules will take effect on Aug. 1.

In a Monday press release, Horne advised educational institutions to consult legal counsel through letters sent to all districts and charters. He stressed that while schools have the option to implement the new Title IX regulations, pending legal battles could lead to student damages.

“This is your choice, but you may wish to delay implementing the new regulations until the legal situation is clarified. If the regulations are implemented and then later overruled by the courts, students may suffer damages in the meantime,” said Horne. “This is not legal advice. The Arizona Attorney General may disagree […] We are a local control state, and it will be up to districts and charters to determine how to proceed in this situation. You need to consult with your lawyer. I am only providing information I think might be useful.”

Last month, a federal court in Louisiana ruled against the new regulations, calling ED’s rulemaking “arbitrary and capricious” and expressing concern about threats to constitutional speech.

Some districts have already opposed the changes.

Dysart Unified School District’s governing board recently voted to reject the new Title IX rules, asserting that ED’s changes contradict the existing rules’ plain language.

Horne warned that the new Title IX rules could “significantly injure public education” by prompting parents to withdraw their children from the system.

“In the past, districts have asked about permitting biological boys with male genitalia into girls’ bathrooms, locker rooms, and showers,” said Horne. “My response was that unisex bathrooms should be available, or faculty bathrooms used if space is limited. This would preserve the dignity of biological boys who identify as girls. However, allowing them in girls’ facilities might lead parents to remove their daughters from the school, impacting public education.”

Twenty-six states have legally challenged the Title IX changes, with some securing injunctions. These states include Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, and more.

Arizonanews.org is your #1 source for Arizona news. You can send us news tips using this link.