At the same time that courts are ruling against the U.S. Department of Education’s rewrite of Title IX, an Arizona school board has done essentially the same.
The Dysart Unified School District Governing Board rejected the rewrite that redefines “sex” to include “gender identity.”
The Dysart Governing Board voted in favor of a statement opposing the Biden administration’s new Title IX rules, which strips protections for female students by granting protections to males who identify as female.
Title IX has long guaranteed a level playing field for girls and women, but bowing to a small segment of society, the U.S. Department of Education (DOE) issued new regulations in April that were to go into effect later this summer.
The rewrite, which many parents of young women describe as “draconian,” “stifling,” and “devoid of a scientific basis” include the expansion of the definition of sex-based discrimination to cover discrimination based on “gender stereotypes,” and gender identity.
According to Dysart Unified School District Governing Board President Dawn Densmore, the District:
“The resolution I created in response to President Biden’s Executive Order and the United States Department of Education was adopted by unanimous vote at our meeting on July 11th,” Densmore told the Arizona Daily Independent. “It’s an honor to lead the way in efforts to protect children and our faith communities from this government overreach.”
Groups like Arizona Women of Action hope other Arizona districts and those across the country will follow Densmore’s lead and move forward expeditiously to reject the rewrite especially in light of the multiple court actions.
What @Nicoletta0602 said 👏
EVERY DISTRICT https://t.co/t75cljic4v
— Arizona Women of Action (@azwomenofaction) July 12, 2024
DYSART UNIFIED SCHOOL DISTRICT RESOLUTION RELATED TO TITLE IX EXPANSION
Responding to President Biden’s Executive Order & The United States Department of Education
WHEREAS, Title IX of the Education Amendments were signed into law in 1972 by President Richard M. Nixon. Title IX states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance”; and
WHEREAS, Title IX began its journey through all three branches of government when Representative Patsy T. Mink, of Hawaii, who is recognized as the major author and sponsor of the legislation, introduced it in Congress. In 1964, Patsy Mink became the first woman of Asian ancestry to be elected to the U.S. House of Representatives. In 1972 she became the chief sponsor of Title IX which honored her many years of tireless work towards equal rights in education for girls and women. Patsy Mink was given the Medal of Freedom after her death.
WHEREAS, for over fifty years, Title IX has protected the educational freedoms of young girls and women. It has provided equitable access in athletic programs for girls and women and requires all educational institutions to meet the compliance requirements of Title IX for continued federal financial assistance.
WHEREAS, on March 8, 2021, President Joseph R. Biden, by issuance of an Executive Order (the “Order”), demanded a change to Title IX language to include protections for discrimination on the basis of sexual orientation or gender identity. It was further ordered that within 100 days of this Executive Order, the Secretary of Education, Miguel Cardona in consultation with Attorney General Merrick Garland would review all existing regulations, orders, guidance documents, policies, and any other agency actions which may be inconsistent with the policy set forth in the Order; and
WHEREAS, on April 6, 2021, the U.S. Department of Education’s Office for Civil Rights launched a comprehensive review of the Title IX regulations to fulfill President Biden’s Executive Order and its intent to gather public opinion and further insights; and
WHEREAS, on September 30, 2021, Education Secretary Miguel Cardona, said parents should not be the “primary stakeholder” in their children’s education during his testimony before the Senate Committee on Health, Education, Labor, and Pensions; and
WHEREAS, on July 12, 2022, the U.S. Department of Education Office for Civil Rights published a Notice of Proposed Rulemaking and an avenue for public comment on the proposed Title IX rules. The Department of Education received more than 240,000 comments on the proposed ruling; and
WHEREAS on April 19, 2024, the U.S. Department of Education released 1577 pages of the Final Title IX Regulations which include clarification on steps a school must take to protect students, employees, and applicants from discrimination based on sex stereotypes, sexual orientation, gender identity and sex characteristics. The press release issued by the U.S. Department of Education states that rulemaking is still ongoing related to athletics. Page 165/1577 includes guidance on intentional or unintentional misgendering of students or staff and/or using pronouns inconsistent with the gender identity of a person: “The Department has long recognized, consistent with the text and purpose of the statute and courts’ interpretations, that Title IX’s prohibition on sex discrimination encompasses harassment based on sex stereotypes. See, e.g., 2001 Revised Sexual Harassment Guidance, at 3 (noting that “acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping [is] a form of sex discrimination to which a school must respond, if it rises to a level that denies or limits a student’s ability to participate in or benefit from the educational program”
WHEREAS, on August 1, 2024, these final regulations will take effect. The regulations in part would attempt to protect transgender persons and those who do not conform to gender stereotypes.
WHEREAS, since the Final Regulation language was released in April 2024, there have been several state Attorneys General and organizations which have successfully filed lawsuits against these new regulations.
WHEREAS, the signing Governing Board Members of the Dysart Unified School District were elected to represent the values of their representative community and to be their voices. To honor our pledge to uphold our oaths of office, we also must consider the laws in place by our United States Constitution (1st Amendment and 14th Amendment) and the Constitution of the State of Arizona (Parents’ Bill of Rights) and;
WHEREAS, The First Amendment to the United States Constitution prevents the government from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech. We interpret this to mean that we cannot compel the speech of a student, employee, nor can we compel the religious or other deeply held beliefs of our students or employees that there are two sexes and;
WHEREAS, as stakeholders in the educational process, ALL parental rights are reserved to a parent of a minor child without obstruction or interference from this state, any political subdivision of this state, any governmental entity or any other institution (A.R.S.§1-602 The Parents’ Bill of Rights). We interpret this to mean that we cannot demand that parents or guardians compel the speech of their minor children in a way that contradicts their family values or deeply held religious beliefs.
WHEREAS, the Dysart Unified School District Strategic Plan Goal A states: Every student in all schools will be prepared with the knowledge and skills to achieve college and career success. Strategic Plan Goal C states: The Dysart Unified School District culture will consistently be reflective of a safe and secure environment for all stakeholders. We interpret this to mean that we will provide a safe experience for every student, without exception. We will prepare every student with knowledge and skills, without exception, and;
WHEREAS, Dysart Unified School District Board Policy 5-301 states: “The District does not discriminate against a student on the basis of a religious viewpoint or religious expression. Additionally, a student shall neither be rewarded nor penalized on the basis of religious content or a religious viewpoint if such a viewpoint is expressed in an assignment that requires a student to express the student’s viewpoint.” This is derived from A.R.S § 15-110(A): A public educational institution shall not discriminate against students or parents on the basis of a religious viewpoint or religious expression. And;
WHEREAS, the Dysart Governing Board is committed to empowering parental involvement in education and minimizing public monies to be used to promulgate obtuse overreach into our local school district and criminalizing innocent children, or the people of the varying faiths that commonly and firmly believe in truth, such as a Creator of two distinct and wonderfully made sexes, and;
BE IT RESOLVED that the Dysart Unified School Governing Board has determined:
- The United States Department of Education has created a Final Regulation which is contrary to the plain language of Title IX
- The Governing Board, deriving authority from the Arizona Constitution, Arizona statutes and the regulations of the Arizona Administrative Code, strongly urge the Arizona State Legislature to further codify our state statutes to ensure our children are protected from the political weaponization of government, which would infringe on both federal and state constitutional rights.
III. Dysart Unified School District #89 will continue to serve as the educational hub for its community and will continue to respect Title IX as it was intended.
- Dysart Unified School District #89 will continue to respect the dignity of every person it serves.
BE IT FURTHER RESOLVED that the Dysart Unified School Governing Board will send a copy of this resolution to Arizona’s Superintendent of Public Instruction.
ADOPTED by the Dysart Unified School District No. 89, at a regular open meeting of the public, held on July 11th of 2024.
