Story at a glance
- A member of the State Board of Education of Ohio will likely discuss a resolution to reject proposed changes to Title IX that would expand protections for transgender students at an upcoming meeting.
- The resolution would task the state superintendent of public instruction with sending a letter to state school leaders telling them to ignore changes to Title IX that were proposed by the Biden administration in June.
- The resolution also asks the state legislature to pass a measure to bar transgender students from using the restroom or locker room or playing on school sports teams consistent with their gender identity.
An Ohio State Board of Education member has proposed a resolution that seeks to reject “coercive” and “burdensome” federal education policies proposed by the Biden administration that are inclusive of transgender identities.
The resolution, introduced this month by board member Brendan Shea, pushes back against the idea that a person’s sex is assigned to them at birth. It argues that there are “immutable” differences between males and females and “the reality of biological sex can no more be altered than can the reality that two plus two equals four.”
“Denying the reality of biological sex destroys foundational truths upon which education
rests and irreparably damages children,” the resolution reads, echoing an argument used by conservative leaders and parents that say lessons about LGBTQ+ related topics confuse and “indoctrinate” young people.
The resolution, which is likely to be discussed at an upcoming state Board of Education meeting, declares board members’ “unequivocal opposition” to proposed changes to Title IX that were announced by the Biden administration in June.
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Under the proposed changes, protections for transgender students would be expanded to “make clear that preventing someone from participating in school programs and activities consistent with their gender identity would cause harm in violation of Title IX,” the Education Department said on the 50th anniversary of the landmark law that prohibits institutions that receive federal funding from discriminating on the basis of sex.
There will be some exceptions to the law, the department specified, and plans to address the eligibility of transgender students to participate in school sports are still in the works.
The proposal drew sharp criticism from opponents, who accused the administration of “weaponizing” the federal civil rights law to further an agenda. In July, 22 conservative state attorneys general sued the administration for threatening to withhold federal meal funding from schools that do not follow the proposed changes.
Later that month, school leaders in Florida were informed by state Education Commissioner Manny Diaz Jr., a Republican, that they should ignore the administration’s proposed Title IX expansions, which Diaz said jeopardize the safety of children and likely violate Florida law.
“The Department will not stand idly by as federal agencies attempt to impose a sexual ideology on Florida schools that risk the health, safety, and welfare of Florida students,” Diaz wrote in a July 28 memo.
Similarly, should Ohio’s Board of Education vote to adopt the proposed resolution, the state’s superintendent of public instruction will be charged with issuing a letter to each public school district and educational institution that receives federal funds asking them to view the proposed Title IX changes as “non-binding and unenforceable.”
State school districts will be urged not to amend local policies or procedures based on guidance released by the Biden administration, according to the resolution, which also calls on the legislature to “assist local districts in combating this federal overreach” by proactively approving stopgap funding of “necessary programs” should the Title IX changes take effect.
The resolution also asks the Ohio general assembly to pass legislation requiring schools and districts to disclose information regarding a transgender student’s gender identity to their parents. Such legislation would also bar transgender students from using the restroom or locker room or playing on school sports teams consistent with their gender identity.
“With this action the State Board of Education stands resolutely with parents, schools, and districts in rejecting harmful, coercive, and burdensome gender identity policies, procedures, and regulations,” the proposed resolution states.
Transgender advocates say the resolution is certain to harm transgender youth, who already face increased rates of self-harm and suicide.
“LGBTQ+ students have a right to a safe, welcoming learning environment that fosters growth and development,” reads a call to action from Honesty for Ohio Education.
The Board of Education’s proposal, according to the group, “attempts to invalidate federal Title IX protections in schools for LGBTQ+ youth, spreads harmful falsehoods about LGBTQ+ people, and advocates that local school districts ignore the law.”
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