A Northern <a href="https://www.dailywire.com/news/loudoun-schools-honchos-in-perjury-trial-testify-they-cant-remember-almost-anything-about-rape-scandal" target="_blank" rel="noopener">Virginia</a> public school district shelled out nearly $600,000 to a girl who alleged that the school district mocked her after she reported a sexual assault, according to a May settlement obtained by The Daily Wire.
Fairfax County Public Schools had initially pledged to take the case all the way to the Supreme Court, where if it prevailed, it would have set a precedent making it difficult for school officials to be held responsible for failing to protect children from sexual harassment. The National School Boards Association, the group that notoriously <a href="https://www.washingtonexaminer.com/restoring-america/community-family/nsba-white-house-domestic-terrorists-letter">called</a> for anti-terrorist statutes to be deployed against conservative parents, joined the effort by writing a “friend of the court” brief, while 24 women’s and human rights groups filed briefs on the opposing side.
The case stemmed from a 2018 incident in which a 16-year-old student at Oakton High School <a href="https://www.dailywire.com/news/exclusive-mcauliffe-linked-law-firm-fighting-virginia-student-who-said-she-was-gang-raped" target="_blank" rel="noopener">alleged</a> that she was sexually violated by a classmate on a school bus during a band trip. Her lawsuit said that a security guard asked if her parents planned to take legal action, and “told Doe that if she went to court she would lose, it would be a waste of money, and ‘the most that could happen to [Assailant] is being charged with battery.&#8217;”
The lawsuit accused the school district of being concerned only about its own potential liability, and not the safety of its students. Emails uncovered during the lawsuit showed administrators joking about the incident, making references to the number of “inches” of the alleged assailant’s penis and to the American Pie quote, “one time at band camp.” A judge <a href="https://www.dailywire.com/news/questions-mount-over-virginia-schools-lawyer-who-hired-his-former-firm-for-secret-rape-report" target="_blank" rel="noopener">sanctioned</a> the school system for destroying evidence related to her complaint.
A jury found that Jane Doe had been sexually harassed but that school administrators were not responsible for it. But the case went to appeal based on whether administrators&#8217; responsibility to act kicked in once they had &#8220;notice or knowledge&#8221; of an incident. The district said that although Assistant Principal Jennifer Hogan received allegations of nonconsensual sexual activity, she didn’t view it as such, and therefore didn’t have knowledge of sexual harassment.
Monica Beck, a Title IX attorney who was not involved with the case, previously told The Daily Wire the Doe case was critical to school administrators across the country because it could have set a nationwide precedent making it virtually impossible to hold them responsible for failing to protect children.
“&#8217;We didn’t have ‘actual knowledge’ [and therefore weren&#8217;t required to investigate under Title IX rules] because we didn’t actually know a rape occurred?’ If you don’t investigate, how are you ever going to know for sure that it happened?” Beck said.
The school district was arguing that it should not depend on whether a “reasonable person” would think what they were hearing constituted sexual assault — it should matter what a public school administrator thought. But the Fourth Circuit Court of Appeals ruled sided with Doe’s attorney, who said “It cannot be that a school administrator’s failure to understand what constitutes sexual harassment is an absolute bar to liability.” It sent the case back for a new trial based on faulty jury instructions.
Appellate Judge James Wynn wrote that FCPS was also arguing that the assault “was committed by another student and the school had no prior warning it would occur, such as a previous infraction.” But “the statute itself makes plain that a school may be held liable when it makes a student vulnerable to sexual harassment by their peers, such as by failing to respond appropriately after learning of an initial incident of sexual assault. In other words, schools do not get ‘<a href="https://www.dailywire.com/news/school-board-association-asks-supreme-court-for-what-judge-calls-one-free-rape" target="_blank" rel="noopener">one free rape,</a>’” he wrote.
FCPS sought to take the case to the Supreme Court, but in November, the high court <a href="https://www.supremecourt.gov/docket/docketfiles/html/public/21-968.html" target="_blank" rel="noopener">refused</a> to hear it.
On May 9, 2023, the school district quietly settled the case by agreeing to pay <a href="https://www.documentcloud.org/documents/23871109-vfoia-9151_rshsigned_20230510-doe-v-fcsb-does-executed-settlement-agreement_redacted" target="_blank" rel="noopener">$587,500</a> to the student, according to a settlement agreement obtained by The Daily Wire under public records laws. “The Parties acknowledge and agree that by entering into this Agreement, the School Board does not admit any wrongdoing, fault, or liability of any kind whatsoever,” the agreement said.
Doe&#8217;s attorney, Adele Kimmel, did not return a request for comment.
Shatter the Silence, a group that has called attention to the school district’s handling of sexual abuse welcomed news of the settlement.
“We’re pleased that Jane Doe finally got some form of justice,&#8221; the group said in a statement to The Daily Wire. &#8220;It only took fighting FCPS and its rape defense lawyers at Hunton Andrews Kurth in every level of the judiciary. But we’re disappointed that Jennifer Hogan&#8230; is still employed and overseeing children at Oakton High School.”
An FCPS spokesman declined to say how much money it spent fighting the case, or whether Hogan, who has since been promoted to principal, has faced any repercussions.
“The costs of a new trial were expected to significantly exceed the amount of this settlement. We hope this mutual resolution will allow all parties to move forward,&#8221; the district said in a statement. &#8220;Fairfax County Public Schools remains deeply committed to a safe, respectful, and welcoming environment for all students.”

Terrified young woman sit on floor with shadow of grabbing hands as a threat

School District Pays $600k To Settle Sexual Harassment Lawsuit After SCOTUS Declines To Hear ‘One Free Rape’ Case

Education

National School Boards Association

Sexual Assault

Title IX

Virginia

An 18-year-old male student at a Wisconsin high school who identifies as female entered the girls’ locker room and began showering naked with four 14-year-old girls, a conservative legal organization said Wednesday.
In <a href="https://will-law.org/wp-content/uploads/2023/04/2023-04-19-Letter-to-SPASD-Board-re-EHS-Locker-Room-Incident-w.-attachme.pdf" target="_blank" rel="noopener">a letter</a> sent Wednesday to the school district, the Wisconsin Institute for Law &amp; Liberty, Inc. (WILL) said that on March 3 four freshman girls at Sun Prairie East High School (EHS) were showering and changing after a physical education class. When they entered the lockers, they found a senior male student, believed to be 18 years old at the time, in the room that contained the lockers and benches. The girls said the student wasn’t in the class with them, but proceeded to the shower area even though they were uncomfortable. They were aware that the student identified as transgender and had used girls’ bathrooms previously, according to the letter.
The girls showered with their bathing suits on, which was common practice. Just when they started to shower, WILL said, the transgender student fully undressed and entered the shower next to one of the girls. The student was initially facing the wall but then turned toward the four girls, exposing his male genitalia to all four freshmen.
“Understandably, the girls were caught off guard and shocked, closed their eyes, and tried to hurry up and leave the showers as quickly as possible,” WILL&#8217;s letter stated.
The girls didn’t know what to do and didn’t immediately report the incident, but after one girl told another student what happened, that student said they should report it, according to the letter. Three days after the incident in the shower, the uninvolved student reported it to student services. The incident should have been reported under Title IX, an anti-sex discrimination law that protects students against sexual harassment and assault. But Associate Principal Heidi Walter didn’t report the incident to the Title IX coordinator, and instead asked for the names of the students involved, according to the letter.
On March 10, the student who reported the incident had gained permission to provide the students’ names and was ready to do so, but Walter said that the girls could approach her if they wanted. She later admitted, according to WILL, that she should have “dug deeper” into the issue.
The four girls should have been provided supportive measures under Title IX, but instead, the school focused on the transgender student, WILL said. EHS’ principal did, however, apologize to a parent in an email by saying the incident “should not have happened” and vowing to “continue to work to ensure no one has a similar experience,” though she didn’t outline any steps the school would take.
WILL said that the Sun Prairie Area School District dismissed the rights and concerns of the freshmen girls while assuring parents that the issue had been resolved. The district also pointed to its &#8220;Restroom and Locker Room Accessibility Guidance,” which may not have even been in effect. The guidance, according to WILL, suggests that if a transgender student “makes any request regarding the use of locker rooms,” the school will evaluate the request. The policy says nothing about students who don’t make requests, if permission is required, or who makes the determination on the student&#8217;s request.
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The school district’s policy says that a “student who is transgender, nonbinary, or gender expansive will be permitted to access the men’s/women’s segregated restrooms in accordance with the student’s gender identity that the student regularly asserts at school and in other social environments.”
It further states that any “Student who has a need or desire for increased privacy, regardless of the underlying reason, may be provided with access to a single-access restroom where such a facility is reasonably available, but no student shall be required to use such a restroom because of the student’s transgender, nonbinary, or gender expansive status.”
The school district has also released a statement saying it stands by “LGBTQIA+ students and staff,” taking “seriously our responsibility to provide safe, nondiscriminatory, and inclusive environments for people of all orientations and identities as they reflect our diverse community around us.”
The statement also says that “all children will be safe and loved in our schools,” which WILL argued has not been upheld in this case.
“Here, four freshman girls taking a shower in their swimsuits in what is supposed to be a private and safe space, were exposed to the male genitals of a senior student against their will,” WILL&#8217;s letter stated. “Considering student development, high school being a relatively new environment for freshman girls, the power dynamics between not only a biological male and female but between a senior and a freshman, and student safety, the age difference of the students here is relevant.”
WILL is seeking answers to why the school district didn’t follow proper Title IX procedure and has filed an open records request seeking the school’s restroom and locker room guidance that was in effect at the time of the incident.

Modern interior of a locker changing room

18-Year-Old Male Identifying As Female Enters High School Girls’ Locker, Showers Naked Next To 14-Year-Old Students, Conservative Org Alleges

18-Year-Old Male Identifying As Female Enters High School Girls' Locker, Showers Naked Next To 14-Year-Old Students, Conservative Org Alleges

High School

Social Issues

Teenagers

Transgender

U.S.

Wisconsin

The U.S. House rightly passed a bill to preserve fairness in women’s sports, passing the baton to the U.S. Senate to follow suit. The <a href="https://www.congress.gov/bill/118th-congress/house-bill/734" target="_blank" rel="noopener">Protection of Women and Girls in Sports Act</a> affirms that Title IX protects against policies that allow males to compete in — and often dominate — female sports, ensuring that women and girls have a fighting chance to train, compete, and win on the field, on the court, and in the swimming pool.
As athletes that once reached the peak of our respective sports, we understand firsthand the incredible work and extensive training that go into making yourself the best competitor you can be. While we played different sports in different arenas, we both experienced the importance of fair competition and benefitted from equal athletic opportunities.
The chance to shine at the highest levels of college sports paved the way for an NFL career and subsequent dedication to serving communities and mentoring the next generation of leaders. And for teenage female athletes, athletics builds confidence and discipline and can open the door for scholarships, career options, and leadership opportunities that might not otherwise be available.
But those opportunities can be snatched away from young athletes when competition is unfair.
That’s why we’re profoundly and deeply concerned by the recent rise in policies that sideline women and rob them of medals, championships, qualifying spots, college scholarships, and the opportunity to compete fairly. Education officials and sports governing bodies are allowing men to compete in female sports by relying on subjective identity instead of biological truth.
We can no longer foster an environment of inequality by prioritizing feelings over fairness.
This is the denial of truth that many of our female athletes know all too well. When the Connecticut Interscholastic Athletic Conference <a href="https://adflegal.org/case/soule-v-connecticut-association-schools" target="_blank" rel="noopener">adopted one of these policies</a>, Alanna was forced to compete against two males who identified as female. She saw her hard work vanish when she stepped up to the starting line. No matter how hard she trained, she knew she was competing for second or third place — never the top spot.
As anyone who has competed in a sport knows, it’s demoralizing to walk out of the locker room knowing that you can’t win because the competition isn’t fair. But that’s just what allowing males to play in girls’ sports does.
Biology matters in athletics. Science tells us that males are generally bigger, faster, and stronger than females. They have larger hearts and lungs, denser bones, and stronger muscles. Similarly gifted and trained males will always have physical advantages over females — that’s the reason we have women’s sports.
Consider this: In one year, <a href="https://www.washingtonpost.com/opinions/pass-the-equality-act-but-dont-abandon-title-ix/2019/04/29/2dae7e58-65ed-11e9-a1b6-b29b90efa879_story.html" target="_blank" rel="noopener">275 high school boys</a> ran faster times than the lifetime best of World Champion sprinter Allyson Felix. Despite dedicating her life and career to being the fastest woman in the world, Felix’s training couldn’t overcome high school boys’ physical advantages.
This science is backed up by basic common sense. It’s why despite living in an age of increasing political polarization, <a href="https://news.gallup.com/poll/350174/mixed-views-among-americans-transgender-issues.aspx" target="_blank" rel="noopener">62% of Americans</a> believe that athletes should compete on sports teams according to their biological sex — including 41% of Democrats surveyed.
It’s also why there has been an unprecedented nationwide movement to preserve a fair playing field for female athletes. There is a broad and diverse nonpartisan coalition standing up for a level playing field for women and girls. In the last three years alone, 21 states have enacted protections for female athletes, with many more considering these protections this year.
Yet, the Biden administration has continued to attack the very law that has ensured for over 50 years that women and girls can enjoy equal opportunities in athletics. In <a href="https://www.ed.gov/news/press-releases/fact-sheet-us-department-educations-proposed-change-its-title-ix-regulations-students-eligibility-athletic-teams#:~:text=Title%20IX's%20nondiscrimination%20requirement%20serves,mental%20health%20benefits%20to%20students." target="_blank" rel="noopener">seeking to rewrite Title IX</a> to allow men to compete on girls’ teams, the Biden administration is ignoring biological reality, upending democratically-passed protections in the states, and harming women and girls — all in the name of a political agenda.
Congress enacted Title IX in 1972, empowering women and girls at schools across the country so they could enjoy the success and benefits that come with competing in sports. It’s time for Congress to step up and ensure women and girls can continue to access those opportunities for another 50 years. We urge the Senate to follow the House’s lead in ensuring girls have a future playing sports. 
 
Burgess Owens was one of the first four black athletes recruited to play football at the University of Miami and played safety in the NFL for 10 years with the New York Jets and Oakland Raiders, winning a championship with the Raiders in Super Bowl XV in 1980. He’s the father of five girls and grandfather to 12 girls, and proudly serves Utah’s Fourth District in Congress as the Chairman of the Higher Education and Workforce Development Subcommittee. 
Alanna Smith is a track athlete at the University of Tennessee. During her high school career, she was forced to compete against male athletes and as a result, lost out on placements. She is part of the <a href="https://adflegal.org/case/soule-v-connecticut-association-schools" target="_blank" rel="noopener">Alliance Defending Freedom lawsuit</a>, Soule v. Connecticut Association of Schools, which seeks to protect the integrity of women&#8217;s sports and Title IX.
The views expressed in this piece are those of the authors and do not necessarily represent those of The Daily Wire.

Professional swimmer

Why Congress And The Senate Need To Preserve The Original Purpose Of Title IX

College sports

Congress

Readers Pass

Riley Gaines

Women's sports

The Biden administration official who leads the federal agency that enforces <a href="https://www.dailywire.com/topic/title-ix" target="_blank" rel="noopener">Title IX</a> refused on Tuesday to define a &#8220;woman&#8221; under oath.
In the midst of a House Appropriations subcommittee <a href="https://www.youtube.com/watch?v=uoedG_XVlO4" target="_blank" rel="noopener">hearing</a>, Education Secretary Miguel Cardona danced around the question when asked by Rep. Andrew Clyde (R-GA), who focused his inquiry on proposed Title IX changes that seek to block policies that <a href="https://www.ed.gov/news/press-releases/fact-sheet-us-department-educations-proposed-change-its-title-ix-regulations-students-eligibility-athletic-teams" target="_blank" rel="noopener">&#8220;categorically&#8221; ban transgender athletes</a> from school sports teams that match their gender identity, but not their biological sex.
After Clyde explained how Title IX is meant to prohibit discrimination on the basis of sex in federally funded education programs, which he noted had a &#8220;historic impact&#8221; on women and girls in sports, the congressman asked Cardona to define a &#8220;woman&#8221; while stressing the importance that male and female athletes continue to receive appropriate funding.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
What is a woman?
Joe Biden’s Education Secretary REFUSES to answer. <a href="https://t.co/JUSWwiJtLR">pic.twitter.com/JUSWwiJtLR</a>
&mdash; Rep. Andrew Clyde (@Rep_Clyde) <a href="https://twitter.com/Rep_Clyde/status/1648398405604118528?ref_src=twsrc%5Etfw">April 18, 2023</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
&#8220;Our focus at the department is to provide equal access to students, including students who are LGBTQ, access free from discrimination,&#8221; Cardona replied.
Pressed again by Clyde to directly answer his question, Cardona said he believes it is &#8220;almost secondary&#8221; to his role. Trying one more time, Clyde added some specificity, asking the secretary to explain how the Health and Human Services Department defines a &#8220;woman.&#8221;
&#8220;I lead the Department of Education, and my job is to make sure that all students have access to public education, which includes co-curricular activities,&#8221; Cardona said. &#8220;And I think you highlighted pretty well the importance of Title IX and giving students equal access, whether it&#8217;s scholarship and facilities and participation as well.&#8221;
The exchange was reminiscent of one Sen. Marsha Blackburn (R-TN) had last year with then-Supreme Court nominee Ketanji Brown Jackson, who, when asked to define a &#8220;woman,&#8221; pushed back and said she is <a href="https://www.dailywire.com/news/im-not-a-biologist-supreme-court-nominee-says-she-cant-define-the-word-woman" target="_blank" rel="noopener">&#8220;not a biologist.&#8221;</a> It is also the central question of the <a href="https://get.dailywire.com/wiaw/subscribe?utm_campaign=wiaw&amp;utm_medium=paid&amp;utm_source=bing&amp;utm_content=na_subscriptions&amp;cid=wiaw&amp;mid=b&amp;xid=0&amp;utm_term=matt%20walsh%20what%20is%20a%20woman&amp;utm_campaign=&amp;utm_source=bing&amp;utm_medium=ppc&amp;hsa_acc=6411461344&amp;hsa_cam=429594023&amp;hsa_grp=1326012504412860&amp;hsa_ad=&amp;hsa_src=o&amp;hsa_tgt=kwd-82876595724471:aud-808681081:loc-190&amp;hsa_kw=matt%20walsh%20what%20is%20a%20woman&amp;hsa_mt=e&amp;hsa_net=adwords&amp;hsa_ver=3&amp;msclkid=b7243887ea2a130d1bb85bba6f0e5baa&amp;_gl=1*125hudf*_ga*MTY2NjM2MzUuMTY4MTA1MDEzMA..*_ga_CZKR9ZYKJP*MTY4MTg2OTU5OC41My4xLjE2ODE4NzA0NjYuNDYuMC4w" target="_blank" rel="noopener">film &#8220;What is a Woman?&#8221;</a> from Daily Wire podcast host Matt Walsh that has helped drive the public debate on gender ideology.
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What followed during the hearing on Tuesday were questions of whether biological males should compete in women&#8217;s sports and whether it is safe for female students when biological males get access to private spaces, such as bathrooms and locker rooms.
Cardona similarly declined to provide direct answers, instead offering replies that generally stressed the importance of meeting student needs and keeping them safe.

Education Secretary Miguel Cardona

Title IX Enforcer Refuses To Define ‘Woman’

Department of Education

Gender

Politics

What Is A Woman

A male student at The College of New Jersey (TCNJ) engaged in sexual activity with a female student. Three years later, she asked the school to investigate him for sexual assault, and the school suspended him even though he had already graduated.
The male student, whom The Daily Wire will call &#8216;John Doe,&#8217; was a freshman at TCNJ in the fall of 2017. Throughout the school year, a female student, referred to in court documents as &#8216;Jane Roe,&#8217; regularly came over to John’s dorm to spend time with his roommate, her ex-boyfriend with whom she was still friends. According to <a href="https://storage.courtlistener.com/recap/gov.uscourts.njd.496453/gov.uscourts.njd.496453.25.0.pdf" target="_blank" rel="noopener">the lawsuit</a> John filed after TCNJ punished him, he didn’t interact with Jane outside of her visits to his dorm room.
On September 30, 2017, not long into his freshman year, John, Jane, and John’s roommate were all hanging out together in John’s dorm room. At some point, John’s roommate left for the night, and John and Jane remained alone together. The two continued talking into the night, which John says turned into “consensual kissing that lasted for a few minutes.” John asked Jane for oral sex and she agreed. After Jane “voluntarily and willingly” engaged in oral sex with John, the two fell asleep in John’s bed, according to John’s lawsuit.
The next morning, John asked Jane if she wanted to have sex. Colleges teach students that they must ask to engage in any kind of sexual activity. Jane agreed and the two engaged in what John described as “consensual sexual intercourse.” Afterward, Jane left John’s dorm room.
John says in his lawsuit that his subsequent interactions with Jane were “friendly,” and that the two spoke to each other whenever they saw each other on campus, even working on calculus assignments together. John says that at no point did Jane seem “uncomfortable” around him or suggest he had ever done anything wrong.
About a month after John and Jane had sex, Jane began dating another man. John suspects that Jane started regretting their encounter and didn’t want her new boyfriend to find out about it, so at some point after they started dating, Jane told her new boyfriend and a friend that John had sexually assaulted her.
Nearly an entire year after her encounter with John, Jane reported the incident to TCNJ’s Title IX department, which handles claims of sexual assault. John was never notified about the complaint, and just a few weeks after reporting the incident, Jane told the Title IX office that she wanted to close the case.
But three years later – now almost four years since the encounter – Jane asked the Title IX office to reopen her case. On May 4, 2021, Jane filed a formal complaint against John, which required the school to notify him of the allegations. The complaint alleged that John sexually assaulted Jane and “made sexually harassing comments” to her during their calculus class in the second semester of their freshman year. John was informed that an Alternative Resolution Agreement (ARA) was being sought without telling him the implications of such an agreement.
John obtained legal counsel and was sent the ARA, which required him to perform 90 hours of community service and take online classes. John declined to accept the ARA, saying that he felt it was an “unreasonable punishment for something that he did not do,” according to his lawsuit.
Since John didn’t accept the ARA, Jane told the Title IX office that she wanted to pursue the formal resolution process, which required a hearing. At this point, however, John had already graduated from TCNJ and left campus. Yet the school pursued the process anyway.
John’s legal counsel at the time advised him not to speak during the grievance process, because anything he said could be used against him if Jane decided to file criminal charges. Even though TCNJ’s policies say the burden of proof is on the school and not the accused, the school reportedly only pursued evidence that pointed to John’s guilt. The school spoke to Jane’s boyfriend and her friend, who gave inconsistent statements. The school also allowed what John describes as “prejudicial hearsay statements” to be presented to the administrator overseeing the hearing. And while the school allowed Jane to submit hearsay statements regarding her mental state, John was not allowed to rebut her statements or present evidence of his own mental state.
John’s counsel at the time also advised him not to attend the hearing On November 5, 2021, he was informed that he had been found responsible and would be suspended for two years, a note which would appear on his school transcript.
John obtained new legal representation and requested a new hearing with an opportunity to actually be heard, which TCNJ denied. Before the hearing had even taken place, John filed a lawsuit, which TCNJ tried to get dismissed.
U.S. District Judge Michael Shipp, who was appointed by former President Barack Obama, last week denied TCNJ’s motion to dismiss, which is a win for John. In general, lawsuits like John’s that survive a motion to dismiss result in some kind of a settlement between the two parties, according to data compiled by Brooklyn College professor K.C. Johnson.

Red brick walkway in front of university educational building

She Accused Him Of Sexual Assault Three Years After Their Encounter. The School Suspended Him Even Though He Had Graduated.

campus

College

New Jersey

The administration of Florida Governor <a href="https://www.dailywire.com/topic/ron-desantis" target="_blank" rel="noopener">Ron DeSantis</a> slammed the Biden administration Thursday evening after the administration proposed new regulations that would prohibit schools from enforcing bans on trans-identifying males in girls sports.
Manny Diaz Jr., Commissioner of Education, responded to the news in a statement, saying that the proposed regulations will never be tolerated in Florida.
&#8220;This is a sad, pathetic attempt from a completely inept administration to force their woke worldview on the rest of us,&#8221; Diaz said. &#8220;Since Joe Biden can&#8217;t get Congress or the Supreme Court to rubberstamp his radical gender ideology, he&#8217;s resorted to bullying America&#8217;s students through the federal bureaucracy. Good luck &#8211; this won&#8217;t fly in Florida.&#8221;
&#8220;We will never allow boys to play in girls&#8217; sports,&#8221; he continued. &#8220;We will fight this overreach tooth and nail. And we will stop at nothing to uphold the protections afforded women under Title IX.&#8221;
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
The Biden Administration is now trying to force states to allow boys to play in girls’ sports. <a href="https://twitter.com/SenMannyDiazJr?ref_src=twsrc%5Etfw">@SenMannyDiazJr</a>’s response? “Good luck — this won’t fly in Florida.” 
Full statement from Commissioner Diaz below. <a href="https://t.co/CNEhpHpWOY">pic.twitter.com/CNEhpHpWOY</a>
&mdash; Alex Lanfranconi (@AlexLanfran) <a href="https://twitter.com/AlexLanfran/status/1644108687097622531?ref_src=twsrc%5Etfw">April 6, 2023</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
The Biden administration&#8217;s education department’s Title IX rules <a href="https://www.dailywire.com/news/new-biden-education-rules-prohibit-blanket-bans-on-males-in-girls-sports" target="_blank" rel="noopener">state</a> that schools that receive federal funding may not ban biological males in girls sports wholesale, but they may exclude them on a case by case basis.
“The proposed rule … recognizes that in some instances, particularly in competitive high school and college athletic environments, some schools may adopt policies that limit transgender students’ participation,” the education department said.
However, the proposal would give schools “the flexibility to develop their own participation policies,” the department added.
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“Sex-related criteria” at schools that would limit or ban a trans-identified student from playing on the team of their preferred gender must meet two standards. First, the criteria must be related to an “important educational objective,” and second, the criteria must also “minimize harms” to the trans-identified student.
Preventing sports-related injuries would be an example of an “important educational objective” the department noted.
High school girls have been injured playing with trans-identifying males. Last year in North Carolina, a female high school volleyball player suffered severe trauma to her head and neck after a trans-identifying player spiked a volleyball at her head.
Another example of an “important educational objective” would be “fairness in competition.”
“Fairness in competition may be particularly important for recipients in some sports, grade and education levels, and levels of competition,” the department said.
Female athletes at high schools and colleges in several states have spoken out against being forced to compete against biological males.
In Connecticut, several high school girls filed Title IX claims in a federal lawsuit in 2020, arguing that competing against trans-identifying males made them miss their chances at championship titles, state records, and scholarship opportunities.
Parental rights advocates slammed the proposed regulations as too vague, saying the rules will scare off schools from trying to enforce any limits on males in girls sports.
“The Biden Administration is trying to have their cake and eat it too: inject gender identity into athletics while placing the onus upon school districts to determine whether doing so would be problematic or not,” said Nicole Neily, president and founder of Parents Defending Education.
“Without a doubt, institutions are going to err on the side of ‘inclusion,’ because they fear the wrath of the Education Department – thus, achieving the Department’s end goal while allowing them to maintain plausible deniability that they coerced districts into doing so,” Neily said.
Erika Sanzi, the group’s director of outreach, called the administration a “gender czar,” saying they are “putting school districts in an impossible position.”
Transgender activists, meanwhile, reacted with concern that the rule gives too much leeway to schools that are looking to ban trans-identifying males from competing with girls.
The proposal will now be subject to public comment, during which it is almost guaranteed to face challenges from critics.
If approved, the rules would apply to all public K-12 schools, as well as colleges and universities that receive federal funding.
Mairead Elordi contributed to this report.

DeSantis

DeSantis Admin Fires Back At Proposed Biden Rule: ‘We Will Never Allow Boys To Play In Girls’ Sports’

DeSantis Admin Fires Back At Proposed Biden Rule: ‘We Will Never Allow Boys To Play In Girls' Sports’

Biden Administration

Florida

Ron DeSantis

The Biden administration proposed new regulations on Thursday that would prohibit <a href="https://www.dailywire.com/topic/education" target="_blank" rel="noopener">schools</a> enforcing blanket bans on <a href="https://www.dailywire.com/topic/gender" target="_blank" rel="noopener">trans-identifying</a> males in girls sports.
The education department&#8217;s Title IX <a href="https://www2.ed.gov/about/offices/list/ocr/docs/t9-ath-nprm.pdf?utm_content=&amp;utm_medium=email&amp;utm_name=&amp;utm_source=govdelivery&amp;utm_term=" target="_blank" rel="noopener">rules</a> state that schools that receive federal funding may not ban biological males in girls sports wholesale, but they may exclude them on a case by case basis.
“The proposed rule … recognizes that in some instances, particularly in competitive high school and college athletic environments, some schools may adopt policies that limit transgender students’ participation,” the education department said.
However, the proposal would give schools “the flexibility to develop their own participation policies,” the department added.
&#8220;Sex-related criteria&#8221; at schools that would limit or ban a trans-identified student from playing on the team of their preferred gender must meet two standards. First, the criteria must be related to an &#8220;important educational objective,&#8221; and second, the criteria must also &#8220;minimize harms&#8221; to the trans-identified student.
Preventing sports-related injuries would be an example of an &#8220;important educational objective&#8221; the department noted.
High school girls have been injured playing with trans-identifying males. Last year in North Carolina, a female high school volleyball player <a href="https://www.nationalreview.com/news/female-high-school-volleyball-athlete-suffers-serious-head-injury-after-transgender-player-throws-abnormally-fast-ball/" target="_blank" rel="noopener">suffered</a> severe trauma to her head and neck after a trans-identifying player spiked a volleyball at her head.
Another example of an &#8220;important educational objective&#8221; would be &#8220;fairness in competition.&#8221;
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&#8220;Fairness in competition may be particularly important for recipients in some sports, grade and education levels, and levels of competition,&#8221; the department said.
Female athletes at high schools and colleges in several states have spoken out against being forced to compete against biological males.
In Connecticut, several high school girls <a href="https://www.nationalreview.com/news/high-school-students-file-lawsuit-to-block-transgender-athletes-in-connecticut/" target="_blank" rel="noopener">filed</a> Title IX claims in a federal lawsuit in 2020, arguing that competing against trans-identifying males made them miss their chances at championship titles, state records, and scholarship opportunities.
Parental rights advocates slammed the proposed regulations as too vague, saying the rules will scare off schools from trying to enforce any limits on males in girls sports.
&#8220;The Biden Administration is trying to have their cake and eat it too: inject gender identity into athletics while placing the onus upon school districts to determine whether doing so would be problematic or not,&#8221; said Nicole Neily, president and founder of Parents Defending Education.
&#8220;Without a doubt, institutions are going to err on the side of ‘inclusion,’ because they fear the wrath of the Education Department &#8211; thus, achieving the Department’s end goal while allowing them to maintain plausible deniability that they coerced districts into doing so,&#8221; Neily said.
Erika Sanzi, the group&#8217;s director of outreach, called the administration a &#8220;gender czar,&#8221; saying they are &#8220;putting school districts in an impossible position.&#8221;
Transgender activists, meanwhile, reacted with <a href="https://www.washingtonpost.com/education/2023/04/06/trans-athletes-school-sports-title-ix/" target="_blank" rel="noopener">concern</a> that the rule gives too much leeway to schools that are looking to ban trans-identifying males from competing with girls.
The proposal will now be subject to public comment, during which it is almost guaranteed to face challenges from critics.
If approved, the rules would apply to all public K-12 schools, as well as colleges and universities that receive federal funding.

Masks Are No Longer Compulsory In School Playgrounds In Madrid When The Distance Is Respected

New Biden Education Rules Prohibit Blanket Bans On Males In Girls Sports

Transgender Athletes

A federal judge in Texas ruled against the Biden administration&#8217;s extension of the Affordable Care Act&#8217;s discrimination provisions to include gay and trans-identified people.
U.S. District Judge Matthew Kacsmaryk filed a <a href="https://fingfx.thomsonreuters.com/gfx/legaldocs/zjvqjkqyopx/11112022health_biden.pdf" target="_blank" rel="noopener">26-page decision</a> on Friday, finding that the Supreme Court’s 2020 decision in Bostock v. Clayton County, which bars workplace discrimination on the basis of sexual orientation and &#8220;gender identity,&#8221; does not apply to the 2010 health care law.
&#8220;Title IX&#8217;s ordinary public meaning remains intact until changed by Congress, or perhaps the Supreme Court,&#8221; said Kacsmaryk.
The ruling by Kacsmaryk came in a class action lawsuit by two doctors represented by the America First Legal Foundation, alleging HHS misinterpreted Bostock. They sued after the U.S. Department of Health and Human Services said in May 2021 it would interpret Section 1557 of the Affordable Care Act, which prohibits healthcare providers from discriminating on the basis of sex, as extending to sexual orientation and gender identity.
Kacsmaryk said the Supreme Court&#8217;s 6-3 finding that Title VII&#8217;s prohibition against sex discrimination included gay and trans-identified workers did not warrant the same conclusion under Title IX&#8217;s text.
When Congress adopted the Affordable Care Act in 2010 during former President Barack Obama&#8217;s tenure, they could have included “sexual orientation” or “gender identity” in the text, but “chose not to do so,” said Kacsmaryk.
​&#8221;Congress limited Section 1557’s protections to those afforded by other federal statutes – including Title IX. Because Title IX does not protect ‘sexual orientation’ or ‘gender identity’ status, neither does Section 1557,&#8221; Kacsmaryk wrote. ​
Kacsmaryk has ordered both parties to submit “proposed judgments” within 10 days of his order.
Upon entering office, President Joe Biden signed a sweeping executive order, “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,” which attempted to reinterpret the prohibition on discrimination based on sex — which is found in Title IX of the Education Amendments of 1972 — to include discrimination based on sexual orientation and one’s &#8220;gender identity.&#8221;
&#8220;The <a href="https://womansplaceuk.org/2021/02/07/bidens-executive-order/" target="_blank" rel="noopener">problems</a> with this [Executive Order] arise with its misinterpretation of Bostock and the disregard of biological sex and the sex-based rights of women and girls.&#8221; said <a href="https://callieburt.org/" target="_blank" rel="noopener">Dr. Callie Burt</a>, an Associate Professor at Georgia State University in the Department of CJ and Criminology and Center for Research on Interpersonal Violence (CRIV). &#8220;The Biden administration appears to subscribe to a worldview where gender identity should take precedence over sex.&#8221;
&#8220;This interpretation would have significant ramifications for women and girls in education, females incarcerated in federal prisons and detention centres, and the like,&#8221; said Burt. &#8220;This would represent the ‘undoing’ of women’s sex-based rights in favour of gender self-ID.&#8221;

Judge holding gavel, close-up

Texas Judge Blocks Biden’s Interpretation Of Title IX

Texas Judge Blocks Biden’s Title IX Inclusion Of Gender Pseudoscience

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Texas

A man who made millions consulting with schools on how to implement Title IX policies has been accused of financial fraud by a former employee.
Brett A. Sokolow, president of the Association of Title IX Administrators (ATIXA) and founder and chair of the board at TNG, is being sued by a former executive for allegedly committing tax fraud, breach of contract, and retaliation, The Chronicle of Higher Education <a href="https://www.chronicle.com/article/prominent-higher-ed-consultant-committed-financial-fraud-lawsuit-says">reported</a>. The former employee, Martha Kopacz, served as TNG’s chief executive office until she was fired last month.
Kopacz says in her lawsuit, obtained by the Chronicle, that she was fired for reporting and objecting to multiple instances of Sokolow using company funds for personal purposes and defrauding clients. She insists in her lawsuit that she qualifies for whistleblower protection for reporting financial wrongdoing at a company that received public funds.
Kopacz <a href="https://www.collegeprofessor.com/university-news/prominent-higher-ed-consultant-committed-financial-fraud-lawsuit-says/">alleges</a> in her lawsuit that Sokolow committed what is known as “ghost billing fraud,” charging TNG clients Sokolow’s $700 an hour consulting fee when other consultants – who charged between $250 to $350 an hour – were actually doing the work. Kopacz also alleges that Sokolow fraudulently labeled $3 million of income as a business loan to avoid paying taxes on it, saying she reported the issue to Sokolow but that he “would not listen” and refused to recategorize the money.
Further, Kopacz alleges that Sokolow listed numerous personal expenses as business expenses, including his country club membership, DoorDash orders, and cars for himself and his wife, including $40,000 to help pay for a Lamborghini.
Kopacz says she was fired after reporting these issues.
In an email to members, Sokolow denied any wrong doing and said Kopacz is “trying to embarrass us,” referring to ATIXA, which is managed by TNG Consulting, LLC.
“Every organization has personnel challenges, and now ours are being made public,” Sokolow wrote. “In response to Marti’s allegations, I will simply share with you that TNG is subject to a rigorous external audit every single year, by BakerTilly. TNG has been given clear audits every single year, which should shed considerable light on the validity of Marti’s claims.”
Sokolow added that the reasons for Kopacz’s firing “will become clear once we file our defense to the suit,” and emphasized that her claims are related only to TNG and not ATIXA.
Sokolow has been one of the most prominent voices over the past decade when it comes to how schools handle accusations of sexual assault. His organization’s consulting and policy proposals have generally been <a href="https://www.thefire.org/atixa-offers-new-due-process-track-at-1499-title-ix-training-course-fire-still-offers-due-process-guidance-for-free/">unfriendly</a> toward the due process rights of accused students, even as <a href="https://nyujlpp.org/wp-content/uploads/2019/12/Harris-Johnson-Campus-Courts-in-Court-22-nyujlpp-49.pdf">hundreds</a> of lawsuits have been filed against schools from accused students with compelling claims that they were railroaded by colleges determined to find them responsible regardless of the evidence.
There have been few attempts by Sokolow or ATIXA to address the due process rights of accused students, even though Sokolow <a href="https://www.washingtonexaminer.com/how-do-you-tell-someone-theyre-not-a-victim">admitted in 2015</a> that not everyone who believes they are a victim really is one.
&#8220;We see complainants who genuinely believe they have been assaulted, despite overwhelming proof that it did not happen,&#8221; Sokolow wrote in a letter that year.
In 2018, ATIXA released a statement meant to guide schools “on the consideration of pattern evidence in sexual misconduct investigations and resolutions,” but used <a href="https://www.dailywire.com/news/title-ix-group-uses-debunked-study-recent-position-ashe-schow">a thoroughly debunked</a> study to claim that “a select few individuals account for the majority of campus sexual assaults, with many of these individuals committing multiple acts.”
In 2019, ATIXA <a href="https://www.dailywire.com/news/junk-science-behind-trauma-informed-investigations-ashe-schow">gently pushed back</a> against trauma-informed investigations that assume an accuser is traumatized from the start and conduct the investigation to prove their claims rather than seeking the truth, whatever it may be.
“Everyone in the field is on the trauma learning curve and needs to be cautious about making premature conclusions. Practitioners must wait for this body of knowledge to mature and ripen,” the organization wrote. “Perhaps the effective tools of truly understanding what causes trauma and what its effects are have not been invented yet. Regardless, for now, the aim should be to implement reputable trauma-informed investigation and interviewing practices and techniques.”
Sokolow is not without disagreement from those who side with him on policy, either. In 2014, Buzzfeed News <a href="https://www.buzzfeed.com/katiejmbaker/meet-the-sexual-assault-adviser-top-us-colleges-have-on-spee">quoted</a> a student saying &#8220;I have watched Brett Sokolow profit from sexual violence.&#8221;

Evidence bag full of US dollars

Prominent Title IX Consultant Accused Of Financial Fraud In Lawsuit Filed By Former Employee

Brett Sokolow, Prominent Title IX Consultant, Accused Of Financial Fraud In Lawsuit Filed By Former Employee

Lawsuit

The Biden administration’s proposed changes to Title IX, a statute that prohibits discrimination based on sex, that would include protections for students identifying as transgender are “an attack … on all women,” Sen. Tommy Tuberville (R-AL) told The Daily Wire.
Biden’s proposed rules would <a href="https://www.dailywire.com/news/biden-officially-proposes-extending-title-ix-to-transgender-students" target="_blank" rel="noopener">expand</a> the protections under Title IX to include sexual orientation and gender identity, which could mean allowing male students access to women’s sports and locker rooms if they identify as female.
Tuberville, who began his coaching career as a high school girls’ basketball coach, said during an interview that Biden’s proposed changes would result in “lawsuit after lawsuit and unfortunately it’s going to really affect high school and college women.”
There have already been several lawsuits relating to the issue, the most notable of which was filed by three female athletes in Connecticut. They sued the Connecticut Interscholastic Athletic Conference (CIAC) in February 2020 because it allowed two biological males who identified as women to compete against the biological females in high school track and field. A fourth student later joined the lawsuit, but it was <a href="https://www.dailywire.com/news/federal-judge-dismisses-lawsuit-over-transgender-athletes-dominating-high-school-girls-sports" target="_blank" rel="noopener">dismissed</a> in April 2021 because the transgender students had graduated.
In that case, two transgender athletes had dominated Connecticut girls’ track during their time in high school, taking 15 women’s state championship titles when those titles were previously held by nine different Connecticut girls. The transgender students also took more than 85 opportunities to participate in higher level competitions in the 2017, 2018, and 2019 seasons.
“We train for so many days a week, so many hours to be able to be the best in our state and the best in our region, and these biological males are just taking it away from us and we really deserve it,” Alanna Smith, one of the girls who brought the lawsuit, <a href="https://www.dailywire.com/news/high-school-girl-athlete-blasts-biden-administration-for-abandoning-her-lawsuit">told</a> Fox News in February 2021.
In May, Tuberville <a href="https://www.dailywire.com/news/senator-tuberville-biden-title-ix-modifications-will-destroy-opportunities-for-generations-of-women-and-girls" target="_blank" rel="noopener">sent a letter</a> to Education Secretary Miguel Cardona arguing that the proposed changes to Title IX would destroy “opportunities for generations of women and girls at the behest of liberal extremism.”
“Any such weakening of current Title IX protections would amount to a reversal of 50 years of progress for women and girls in sports and an offense to every woman who has ever benefited from the enactment of the law,” Tuberville wrote. “Title IX has fostered generations of female athletes who would otherwise never have been afforded the same opportunities as their male counterparts.”
In his letter, Tuberville also noted that at least 13 states have enacted laws that prohibit biological males from competing in women’s sports.
In addition to the letter, Tuberville has co-sponsored the Protection of Women and Girls in Sports Act, legislation that would require Title IX to define “sex” based “solely on a person’s reproductive biology and genetics at birth.”
“They’re not about to even let this come to the floor,” Tuberville told The Daily Wire, explaining that Senate Majority Leader Chuck Schumer (D-NY) won’t let the bill to get a vote. Tuberville said that he has seen support for the bill from Republicans and Sen. Joe Manchin (D-WV), indicating that such a bill could actually pass if it were brought up for a vote.
Following his letter, Tuberville in September also submitted <a href="https://www.tuberville.senate.gov/wp-content/uploads/tuberville-comment-9.8.222.pdf" target="_blank" rel="noopener">a comment</a> to the proposed Title IX rules, arguing that by “broadening the definition of ‘sex’ based on weakly-associated case law and polarizing social concepts adopted by the progressive left, the intent of the law is destroyed, and women are marginalized yet again.”
Tuberville told The Daily Wire that there’s “no common sense” with Biden’s proposed rule, but that “sooner or later, this country’s going to get back to common sense.”
“This is an attack – not just on sports or on girls playing sports – but on all women, giving opportunities to men,” Tuberville said.

Senate Budget Committee Holds Hearing On The Striking Workers At Warrior Met Coal In Alabama

‘This Is An Attack … On All Women’: Sen. Tuberville Sounds Off On Biden Admin’s Transgender Policies

Tommy Tuberville

A Christian school in Florida will continue to receive federal lunch funding despite rejecting the Biden administration&#8217;s expansion of Title IX to include sexual orientation and gender identity.
Grant Park Christian Academy in Tampa, Florida, filed a lawsuit against the federal government and Florida Agriculture Commissioner Nikki Fried over the issue. The change was announced just days before a previously scheduled hearing.
&#8220;It shouldn’t have taken a lawsuit to get the government to respect religious freedom,&#8221; Erica Steinmiller-Perdomo, an Alliance Defending Freedom lawyer representing the case, said in a <a href="https://www.washingtontimes.com/news/2022/aug/8/florida-christian-school-gets-gender-rule-exemptio/?utm_source=RSS_Feed&amp;utm_medium=RSS" target="_blank" rel="noopener">statement</a> shared with the Washington Times.
&#8220;Grant Park Christian Academy treats every child with dignity and respect and never turns away a hungry child. … We will defend other public and private schools across the country who remain under the burden of this unlawful mandate that violates religious beliefs,&#8221; the statement added.
According to court documents, the case threatened to end free meals for 56 low-income students attending the school. The expanded Title IX regulations sought to withhold funding from schools for failing to comply with new requirements related to the use of school restrooms, hiring, and preferred pronoun usage.
The Title IX controversy is one of many facing the nation regarding the issue. In several conservative-led states, the changes have led to the discussion of new legislation, particularly regarding bans against biological males participating in girls&#8217; sports.
In Oklahoma, Republican Governor Kevin Stitt signed the “<a href="http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20ENR/SB/SB2%20ENR.PDF">Save Women’s Sports Act</a>” into law last March, which designates sports teams to be based on athletes’ biological sex for kindergarten through college. 
“When it comes to sports and athletics, girls should compete against girls. Boys should compete against boys,” Stitt <a class="editor-rtfLink" href="https://oklahoma.gov/governor/newsroom/newsroom/2022/march2022/governor-stitt-signs--save-women-s-sports-act--into-law.html" target="_blank" rel="noopener">said</a>. “And let’s be very clear — that’s all this bill says.”
The new law has led to <a href="https://www.dailywire.com/news/oklahoma-public-schools-require-student-athletes-to-sign-biological-sex-affidavits" target="_blank" rel="noopener">recent controversy</a> as parents must sign a biological sex affidavit for students participating in school sports.
In another ruling related to Title IX changes last month, a federal judge temporarily blocked the Biden administration’s Title IX guidance on gender identity and sexual orientation.
&#8220;As it currently stands, plaintiffs must choose between the threat of legal consequences — enforcement action, civil penalties, and the withholding of federal funding — or altering their state laws to ensure compliance with the guidance and avoid such adverse action,” U.S. District Judge Charles Atchley <a href="https://adfmedialegalfiles.blob.core.windows.net/files/TennesseeOrderOpinionPI.pdf">wrote</a> in his preliminary injunction.
The legal battles follow proposed changes to Title IX that were announced on the 50th anniversary of the civil rights law in June, which bars schools that receive federal funding from discriminating on the basis of sex.
“Over the last 50 years, Title IX has paved the way for millions of girls and women to access equal opportunity in our nation’s schools and has been instrumental in combating sexual assault and sexual violence in educational settings,” said Education Secretary Miguel Cardona said in a <a href="https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment" target="_blank" rel="noopener">statement</a>.
“As we celebrate the 50th Anniversary of this landmark law, our proposed changes will allow us to continue that progress and ensure all our nation’s students – no matter where they live, who they are, or whom they love – can learn, grow, and thrive in school,” Cardona said.

school lunch

Christian School Keeps Lunch Funding Despite Rejecting Biden Admin’s Title IX Changes

Student-athletes competing on Oklahoma public school sports teams must now complete a &#8220;biological sex affidavit&#8221; to determine whether they are eligible.
The requirement comes after Oklahoma Gov. Kevin Stitt signed the &#8220;<a href="http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20ENR/SB/SB2%20ENR.PDF">Save Women&#8217;s Sports Act</a>&#8221; into law last March, which designates sports teams to be based on athletes&#8217; biological sex. The requirement applies from kindergarten through college. 
&#8220;When it comes to sports and athletics, girls should compete against girls. Boys should compete against boys,&#8221; Stitt <a class="editor-rtfLink" href="https://oklahoma.gov/governor/newsroom/newsroom/2022/march2022/governor-stitt-signs--save-women-s-sports-act--into-law.html" target="_blank" rel="noopener">said</a>. &#8220;And let&#8217;s be very clear — that&#8217;s all this bill says.&#8221;
Erin Matson, executive director at the abortion and reproductive rights organization Reproaction, shared on Thursday an affidavit from Woodall Public School in Tahlequah, Oklahoma, on her social media page, which began making news headlines over the weekend. 
&#8220;Do you understand what is happening? This has nothing to do with encouraging girls to be athletes,&#8221;  Matson said. &#8220;This is totalitarianism. It is the white nationalist agenda. The anti-LGBTQ agenda. The anti-abortion agenda. It is all the same agenda.&#8221;
&#8220;This is real. Shared with permission,&#8221; Matson added.
Ginger Knight, superintendent at Woodall Public Schools, confirmed via email to NBC News that state law requires districts to have students complete the form if they want to participate in athletics.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
Do you understand what is happening? 
This has nothing to do with encouraging girls to be athletes.
This is totalitarianism. It is the white nationalist agenda. The anti-LGBTQ agenda. The anti-abortion agenda. It is all the same agenda.
This is real. Shared with permission. <a href="https://t.co/CGZ1SN5jr2">pic.twitter.com/CGZ1SN5jr2</a>
&mdash; Erin Matson (@erintothemax) <a href="https://twitter.com/erintothemax/status/1552734760891449344?ref_src=twsrc%5Etfw">July 28, 2022</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
Oklahoma has become the first state to require an affidavit proving the student-athletes biological sex. Those under 18 can have their parent or guardian sign the document. Once the student turns 18 years old, they must sign the affidavit themselves. Student-athletes must sign an affidavit before each school year. 
Other Oklahoma public schools have begun creating similar forms for students looking to participate in sports.
&#8220;We&#8217;re going to have to do this — we&#8217;re going to abide by the law,&#8221; Pat Dodson, superintendent of Grove Public Schools, told <a class="editor-rtfLink" href="https://www.koamnewsnow.com/oklahoma-schools-now-require-biological-sex-affidavit-for-student-athletes/" target="_blank" rel="noopener">KOAM News Now</a>. &#8220;But I do think it&#8217;s just a little bit too much, and it&#8217;s an overreach on behalf of our legislators.&#8221; 
Last year the Department of Education issued guidance saying it would interpret Title IX, which protects students in federally funded schools from sex-based discrimination, to include discrimination based on &#8216;gender identity&#8217; and sexual orientation rather than strictly biological markers of sex. 

Nina Short, a co-founder of Four-States Youth For Equality, told KOAM News Now that the bill defies federal law. 
&#8220;Not only are they not accepted and safe at home, but they go to school, and they&#8217;re not safe or accepted there,&#8221; Short said. &#8220;And that just further shows that they&#8217;re not accepted that they are discriminated against.&#8221; 
&#8220;Title IX was put in place, and it does not allow sexual discrimination of any kind,&#8221; she added.
Secretary of Education Miguel Cardona told <a class="editor-rtfLink" href="https://www.espn.com/college-sports/story/_/id/31566391/us-secretary-education-miguel-cardona-backs-transgender-athletes-rights" target="_blank" rel="noopener">ESPN</a> he believes in local and state control. 
However, the department has &#8220;a responsibility to protect the civil rights of students, and if we feel the civil rights are being violated, we will act.&#8221; 
Cardona also said girls competing in high school sports have 1.3 million fewer opportunities than boys. 
&#8220;And we know at the college level — it&#8217;s probably similar,&#8221; Cardona said.
State Senator Julie Daniels (R-OK) said during the signing of the &#8220;Save Women&#8217;s Sports Act&#8221; earlier this year that five decades of Title IX would quickly become undone if sports teams allow &#8220;just a few biological males&#8221; to win awards designed for women.
Oklahoma joined 18 other states that have passed legislation banning transgender athletes from competing in public school sports.

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Oklahoma Public Schools Require Student Athletes To Sign ‘Biological Sex Affidavits’

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