In June, a federal judge blocked the implementation of the Biden Administration’s expansive re-writing of regulations enforcing Title IX, the rules against unfair sex discrimination in schools. Meanwhile, at least one Pennsylvania school district already changed policies based on those new announced rules, and others continue to deal with divisive disagreements over sex and gender.
The Biden Department of Education released their final rule in April, announcing changes to the federal government policy regarding unfair sex discrimination in colleges, universities, and K-12 schools. The most contentious change is over the definition of “sex” to include “sexual orientation” and “gender identity”, as well as the implications of those changes. The change was immediately challenged by Republican lawmakers, who said the change would, “[allow] men to access women and girls’ bathrooms and locker rooms.”
More than half of all states in the union, in different cases but all led by Republican Attorneys General, have also sued the Department of Education to stop enforcement of the new regulations, originally set to go into effect on August 1. In one of those cases, U.S. District Judge Terry Doughty of Louisiana has granted a preliminary injunction, blocking the new rules’ enactment in Louisiana, Mississippi, Montana, and Idaho, stating, “this case demonstrates the abuse of power by executive federal agencies in the rulemaking process.”
The injunction, which does not currently apply to Pennsylvania but may indicate the result of other possible injunctions, came a month after Pennridge School District changed a district policy in response to the release of the new rules.
Back in May 2023, Pennridge had instituted a policy requiring students to use the bathroom aligned with the student’s sex. After the release of the Administration’s new policy, the school board voted to reverse the policy in May 2024.
Also in 2023, the Gettysburg Area School District faced controversy after delaying a contract renewal for a male tennis coach that identified as female and used the girls’ locker room for changing. The tennis coach’s contract was renewed after an investigation satisfied concerns of school board members.
Advocates for parental rights in schools have planned a “March for Kids” on August 31 in Washington, DC, in part to oppose the Biden Administration’s Title IX changes.
