New school year brings changes for WA schools under Biden Title IX Final Rule

With the new school year right around the corner, Washington’s 295 public school districts are busy trying to figure out how to comply with the recently implemented Final Rule changes to Title IX, created by the Biden administration.

Twenty-six states have, at least for now, blocked the changes, and as previously reported by The Center Square, The Washington Parents Network had planned to file a legal challenge to the Title IX changes, but opted to wait for the 11th Circuit Court of Appeals to rule on a multi-state challenge.

David Spring, executive director of WA Parents Network tells The Center Square, “They (11th Circuit) were supposed to publish an opinion last Friday, but they did not ... Once they issue an opinion, we will have a better idea of which option we should take."

Supporters of the Title IX changes say it protects the rights of LGBTQ persons, but opponents say it tramples on the original law, which was intended to promote an equal playing field for girls and women in sports and other activities.

Under the Biden changes, for example, boys who identify as girls and wish to compete in girls' sports, utilizing girls' restrooms, can do so.

Candidate for the Office of Superintendent of Public Instruction David Olson told The Center Square though he disagrees with the Biden Final Rule changes, and believes they are unconstitutional, they are for now the law of the land.

“If we don’t like laws, we can work to change those laws, but we still have to follow them,” said Olson.

Olson said parents who are concerned do have some options, including joining a Moms For Liberty group.

“If the parents are members and they have kids in schools, their children are protected,” said Olson, “But I think that only applies to students protected from not having to use pronouns for classmates.”

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

Upon request for comment, incumbent Superintendent Chris Reykdal, who will face Olson in the general election, sent the following email to The Center Square:

“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, and Mr. Olson should pledge the same,” said Reykdal via email.

Olson says Reykdal has been inconsistent when it comes to his appetite for law changes.

“When it came to I-2081 with parent notification, even though that became law on June 6, on June 5 Reykdal put a press release out telling all those school districts to ignore the law and not tell parents if their children want to change their gender,” said Olson.

Reykdal contends some provisions of 2081 conflict with current law––particularly around students’ right to privacy in school.

Liv Finne, director of the Center for Education at Washington Policy Center said the Biden Title IX rules “are fundamentally unfair to girls and violate their civil and constitutional rights."

"These rules expose girls to physical harm from boys in contact sports like soccer and volleyball. These rules expose girls to violations of privacy in bathrooms and locker rooms,” said Finne via email.

Finne said the attitude toward gender may help explain why the families of 46,000 students have withdrawn from the public schools in Washington state.