
The U.S. Department of Education has terminated agreements with five school districts and a college that required schools to follow an interpretation embraced by the Biden and Obama administrations extending sex-discrimination protections to transgender students.
The move marks the first known instance of the Trump administration terminating civil rights settlements previously negotiated with schools or school districts.
The five school districts — Cape Henlopen School District in Delaware, which serves Rehoboth Beach; Fife School District in Washington State; Delaware Valley School District in Pennsylvania; La Mesa-Spring Valley School District in California; and Sacramento City Unified School District — along with Taft College in California’s Central Valley, reached those agreements with past administrations following alleged incidents of discrimination involving transgender or nonbinary students.
Both the Biden and Obama administrations interpreted Title IX — the federal law prohibiting sex-based discrimination in education — as protecting transgender individuals, arguing they would otherwise have been treated differently or denied access to certain facilities or activities based on their sex assigned at birth.
In a news release, the Education Department accused the Biden and Obama administrations of having “distorted the law” by investigating discrimination based on a student’s gender identity rather than biological sex.
“Today, the Trump Administration is removing the unnecessary and unlawful burdens that prior Administrations imposed on schools in its relentless pursuit of a radical transgender agenda,” said Assistant Secretary for Civil Rights Kimberly Richey in the release.
Richey also said the Trump administration has opened multiple civil rights investigations into schools, states, and districts that allow transgender students to use bathrooms or locker rooms aligned with their gender identity, or permit transgender girls and women to compete on female sports teams.
The administration has threatened some districts with the loss of federal funds if they do not adopt such policies. It has also sued California for allowing a transgender athlete to compete as a female — even though the state’s newly adopted scoring system prevents that athlete’s performance from displacing any cisgender competitors. More recently, the administration sued Minnesota for not prohibiting transgender competitors in female sports.
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