The district administration drafted a resolution denouncing the new regulations, saying they threaten to undermine student rights and protections. The board of trustees unanimously approved the resolution July 15.
“[Our students] will be safe and protected from any attempted elimination of safe and private spaces for girls and an extreme government overreach that is not tolerated in this district,” Superintendent Courtney Carpenter said.
The details
District officials took issue with a mandate in the new regulations which “prohibits schools from treating or separating students differently based on their biological sex," which includes gender identity, according to Department of Education documents. The regulations clarify that this prohibition includes “adopting policy or practice that prevents students from participating in a program or activity consistent with their gender identity,” according to the documents.
Additionally, the Department of Education stipulates in the documents that sex separation in certain circumstances like bathrooms or locker rooms is not unlawful sex discrimination. However, certain cases “such as denying a transgender student access to a sex-separate facility or activity consistent with that student’s gender identity,” would violate Title IX’s general nondiscrimination mandate.
The language used in the documents contradicts state law House Bill 25, drafted in 2021, which mandates that athletes play on teams based on the sex listed on their original birth certificate, Carpenter said.
The context
The Title IX changes introduced shifts in how institutions address sexual harassment and assault allegations while expanding protections for LGBTQ+ and pregnant students.
Some measures extended jurisdiction to off-campus and international incidents and clarified protections against discrimination based on sexual orientation, gender identity, pregnancy and parenting status, according to DOE documents.
The changes take effect Aug. 1, except in states like Texas that have taken action to halt its implementation at various court levels. Transgender participation on specific men's and women's athletics teams is absent from the changes slated to take place and is being delayed until after the November election, according to previous Community Impact reporting.
The action taken
Gov. Greg Abbott directed the Texas Education Agency on April 29 to ignore new federal Title IX regulations.
In a letter to President Joe Biden, Abbott argued the expanded rules exceed the federal government’s authority, stating that the Title IX “law was based on the fundamental premise that there are only two sexes.” Abbott contends that the changes “force schools to treat boys as if they were girls and to accept every student’s self-declared gender identity,” according to the letter.
Following suit, Texas Attorney General Ken Paxton sued the Department of Education in June, effectively halting implementation of the changes.
A federal district court also ruled July 11 to immediately halt implementation of the changes while the Carroll ISD lawsuit moves forward.
With these efforts ,Texas has joined 14 other states that have imposed legal blockades delaying enforcement of the new regulations beyond Aug. 1.
Also of note
On July 15, Argyle ISD administration also codified into policy its practice regarding student pronouns that has been in place since 2022, according to district documents.
The policy stipulates that the school district will work with parents and obtain written consent to allow their child to use a different pronoun, Carpenter said.
“We recognize our relationship with our parents and we understand our parental rights in this district,” she said.
