Dive Brief:
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Conservative states are directing districts to disregard the U.S. Department of Education's Title IX rule, finalized April 19. At least five states — Louisiana, Montana, Florida, Oklahoma, and South Carolina — so far have recommended district officials not to change their anti-sex discrimination policies in response to the new rule.
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Leaders in those states claim the rule infringes on their state laws, and expect the regulation to be challenged in court. They say the rule could impact single-sex activities or spaces, like athletics (which the rule does not regulate), locker rooms, scholarship programs, and bathroom access.
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An Education Department spokesperson said in a statement to K-12 Dive that the department "crafted the final Title IX regulations following a rigorous process" and warned that schools must comply with the final regulations as a condition of receiving federal funds.
Dive Insight:
Districts have until Aug. 1 to implement the rule. The Title IX update, for the first time, defines protections for LGBTQI+ students from sex discrimination in schools.
However, some state leaders believe this definition violates Title IX itself by infringing on the civil rights of women whose biological sex aligns with their gender identity.
"This rule runs contradictory to the entire foundation of Title IX," said Louisiana State Superintendent Cade Brumley in an April 22 letter to districts. Brumley was the first to send such a letter.
Brumley and other state leaders have recommended that districts allow legal challenges to run their course instead of changing their policies.
"I expect there will be litigation filed soon challenging the validity of these rules," said Oklahoma State Superintendent of Public Instruction Ryan Walters in an April 24 letter, adding that making policy changes in the meantime could put districts out of compliance with other state and legal statutes. Walters said he hopes for a preliminary injunction followed by a permanent injunction.
Warnings from conservative states to shirk away from LGBTQ+ inclusive Title IX changes come after years of resistance from conservative leaders, who had asked the Education Department even before it released a proposal in 2022 that it abandon efforts to rewrite the rule.
These state challenges to the rule also come amid an increased number of anti-LGBTQ+ state laws that restrict curriculum, pronoun use, and student access to facilities and athletic teams.
According to the American Civil Liberties Union, there were 193 bills introduced in 2024 alone targeting LGBTQ+ rights of students and educators in schools.
According to a 2023 Trevor Project report, "an overwhelming majority" of LGTBQ+ youth have been negatively impacted by debates and laws related to anti-LGBTQ+ policies and "many have also experienced victimization as a result."
Approximately 86% of transgender and nonbinary youth said laws restricting the rights of transgender people negatively impacted their mental health, and 71% of LGBTQ+ youth overall said state laws restricting their rights took a toll on their mental wellbeing.
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