How Will Biden’s ‘Final Rule’ Affect Title IX And Your Child’s School?

As the 2024-25 school year approaches rapidly in WA, how will the Biden Administration's "Final Rule" tweaks to Title IX affect your child?

  26 states have some sort of ban on the new additions

A number of states have, for now, banned the additions made to the 1972 Federal law that prohibited discrimination (in education) on the basis of gender for schools that receive Federal funding. It's the reason we now have plethora of women's (girls) sports. It began at the junior and high school level and spread to colleges. However, WA is not one of the 26.

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The Biden Administration's Final Rule added sexual gender provisions, such as LGBTQ to the law.  The WIAA (Washington Interscholastic Activities Association) already had these kind of provisions in place, allowing boys who identify as girls to participate in girls sports.  That happened at the 2024 WIAA State A track meet where an East Valley HS boy won a state title running against girls.

But it could impact far beyond athletics. Under the new rules, a student or an educator could potentially be charged with a hate crime if they don't address a person by their chosen gender title. It could also result in more widespread use of bathrooms or locker rooms by persons of the 'opposite' gender.

According to The Center Square:

"Under the Biden changes, students who otherwise refuse to use a classmate or staff members preferred pronouns can be accused of sexual harassment."

A statement released recently by SPI Chris Rykdahl did not necessarily 'clean' up the situation: (from an email to The Center Square when requested for comment)

“It's working its way through the courts. Regardless of the federal rule, Washington State Law, and Human Rights Commission rules have already defined a broader and more inclusive definition of gender. State law is allowed to exceed minimum federal standards. I will uphold Washington law...'

This WA State Commission reference ties in with the WIAA  rules we mentioned earlier.  Most experts agree the issue will wind up in front of the Supreme Court, likely this fall, with parties hoping to get a final, definitive ruling. Until then, look for potential fluidity on this issue in schools this fall.