The U.S. Department of Education has ruled that Colorado's second largest school district is in violation ofTitle IX by allowing transgender students access to sports teams, bathrooms and overnight accommodations that match their gender identity.
According to CBS News, the DOE concluded that Jefferson County School District's policies discriminate against female students by denying them safety, dignity and equal access to school programs.
The DOE's Civil Rights Office is now asking Jefferson County schools to resolve the Title IX violations by rescinding policies allowing male students in female facilities, accommodations or sports, and issuing a public statement adopting biology-based definitions of "male" and "female."
The statement must clarify that Title IX applies regardless of state law, include instructions on reporting sex discrimination and be posted prominently on all school and sports websites.
If the district doesn't comply within 10 days, enforcement action may be taken. The DOE does not elaborate on what that enforcement action may be.
"We hope Jeffco will comply. We have our doubts that Jeffco will comply, and often enforcement entails loss of funding, and so Jeffco really cannot afford to lose any more funding," said Jefferson County parent Lindsay Datko.
Jeffco Public Schools shared the following statement in response to the announcement:
On Friday, March 13, the U.S. Department of Education's Office for Civil Rights announced that Jeffco Public Schools' provision of equitable access for all students runs afoul of Title IX of the Education Amendments of 1972. That conclusion is erroneous, and the Resolution Agreement proposed by OCR would place Jeffco in direct conflict with Colorado law.
Providing equal access to programs and services for all Jeffco students, including those who are transgender, does not violate Title IX. The Department's interpretation has no basis in the Title IX regulations and is not supported by any binding court decision. It conflicts with a recent U.S. District of Colorado decision which considered the same Jeffco policies. Prior federal administrations have taken the direct opposite view—that Title IX protects transgender students' access to school programs and facilities.
Jeffco's policies and practices align with the Colorado Anti-Discrimination Act, prior federal guidance on Title IX, and CHSAA policy. In fact, since 2013, the Colorado Civil Rights Commission has interpreted state law to require school districts to accommodate students based on their gender identity.
As we consider next steps in partnership with our community and state and local officials, two things remain certain: (1) Jeffco will continue to maintain its compliance with the law, and (2) we will center decisions on providing exemplary, equitable educational opportunities for all students.
