DOJ, Dept. of Ed investigating WA OSPI for transgender student protections
OLYMPIA, Wash. - The U.S. Department of Education and Department of Justice are investigating Washington's Office of the Superintendent of Public Instruction, alleging the state is violating federal laws for allowing transgender students to play sports and use the locker room in school.
Specifically, the two agencies formed the Title IX Special Investigations Team, and they say they are investigating reports that OSPI is "requiring school boards to adopt policies that allow males to participate in female sports and occupy female-only intimate facilities."
Trump administration vs. Washington schools
Timeline:
The joint team points to an OSPI investigation into La Center School District in Clark County, in which the state found the school district violated Washington law for "discriminating on the basis of gender expression and gender identity," specifically in conversations about asking for preferred pronouns, and students being bullied and abused after being forcibly "outed" to classmates and family members.
In the letter, OSPI reviews allegations against the school district and ultimately outlines corrective actions. The OSPI writes that if the district does not address their noncompliance within a timely fashion, the state will order compliance or level certain sanctions — either by withholding state funds from the district, terminating programs, or instituting affirmative action programs.
The Title IX team's contention lies with OSPI "mandating that districts not notify parents of a change in their child’s ‘gender identity,’" which they assert violates federal parental laws like FERPA and PPRA.
What they're saying:
"Washington 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," said U.S. Secretary of Education Linda McMahon. "If true, these are clear violations of parental rights and female equality in athletics, which are protected by federal laws that will be enforced by the Trump Administration."
At the beginning of January, a federal judge blocked the Biden administration’s attempt to redefine sex in Title IX as "gender identity." Then, Trump’s Department of Education told K-12 schools and higher learning institutions that Title IX protections would be recognized on the basis of biological sex.
Washington's response
The other side:
OSPI called the federal investigation the latest "in the Administration’s dangerous war against individuals who are transgender or gender-expansive."
Washington's protections on gender identity have been enshrined in state law since 2006, and allowed participation in school sports based on gender identity since 2007. The state has successfully enforced those protections "for nearly two decades," said OSPI.
On the point of school districts not alerting parents to their children's change in gender expression, OSPI writes:
"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."
Further, OSPI notes that students — regardless of gender — who seek increased privacy are to be provided access to an alternative restroom or changing room option.
"In this alarming attempt to infringe on the rights of our transgender and gender-expansive students, the Department is trying to co-opt laws enacted to protect students from discrimination and distort them into mandated discrimination," writes the OSPI. "The Department also attempts to twist FERPA and PPRA into tools designed to undermine the health, safety, and wellbeing of students. The interpretations taken by the Department are not supported by these laws."
Why you should care:
The Department of Education writes that violations of Title IX, FERPA or PPRA could lead to Washington state losing its federal education funding.
The Source:
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