West Valley School Board Challenges Biden’s Title IX Overhaul

By Matthew Holloway

The Dysart Unified School District Governing Board has unanimously voted to reject a recent Executive Order from President Joe Biden that introduces new Title IX rules through the US Department of Education. These rules aim to redefine “sex” to encompass “gender identity,” thus obliging schools to affirm a student’s gender identity over their biological sex. While the new rules, issued on April 19, 2024, face federal court injunctions in 15 states, they remain enforceable in Arizona.

Board President Dawn Densmore commented on the resolution in an interview with the Arizona Daily Independent, stating, “The resolution I created in response to President Biden’s Executive Order and the United States Department of Education was adopted by unanimous vote at our meeting on July 11th.”

“It’s an honor to lead the way in efforts to protect children and our faith communities from this government overreach,” Densmore added.

Nicole Solas, a prominent activist, tweeted about the board’s resolution, urging others to follow Dysart’s example in rejecting the Title IX rewrite.

In a legal development, a Louisiana Federal District Court ruled in June that the new Title IX rules represent a significant federal overreach. According to Ogletree Deakins, the court noted, “The Department exceeded its statutory authority under Title IX by redefining ‘sex’ to include ‘gender identity.’” The court highlighted that “sex” was meant to refer to biological sex based on the text and legislative history of Title IX, not gender identity. The ruling also cited First Amendment concerns, noting that the rules might compel speech, such as requiring the use of preferred pronouns against teachers’ religious beliefs.

Densmore further elaborated, stating that the Dysart Unified School District Governing Board “will not demand that parents or guardians compel the speech of their minor children, or the First Amendment rights of our staff in a way that contradicts their family values or religious freedoms. We already have current discrimination policies in place which protect every student, staff member, and job applicant.”

The board asserted its commitment “to honoring the original intent of Title IX, our U.S. Constitution, and the Constitution of the State of Arizona. We are committed to empowering parental involvement in education and minimizing public monies to be used to promulgate obtuse overreach into our schools.”

Arizona Women of Action shared an announcement on social media, calling for community support during the school board’s meeting on July 11, 2024. Their message declared, “This model conservative school board needs support.”

The resolution passed by the board includes a statement: “WHEREAS, the Dysart Governing Board is committed to empowering parental involvement in education and minimizing public monies to be used to promulgate obtuse overreach into our local school district and criminalizing innocent children, or the people of the varying faiths that firmly believe in truth, such as a Creator of two distinct and wonderfully made sexes.”

The board resolved that “The United States Department of Education has created a Final Regulation which is contrary to the plain language of Title IX.” They urged the Arizona State Legislature to act to protect children from this form of political weaponization.

According to a report from the Arizona Republic, the board also sought legal advice on the next steps in challenging the new regulations.

AZ Free News reached out to Densmore for information on the board’s forthcoming actions and will provide updates as they become available.

Matthew Holloway is a reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.