(The Center Square) – Officials in Washington state are monitoring California as the 10-day deadline imposed by the U.S. Department of Education approaches. California must bring its policies into compliance with Title IX by Saturday or risk losing federal education funding for the state’s K-12 public school system.
Title IX prohibits sex discrimination in any education program or activity receiving federal funding
The Washington Office of the Superintendent of Public Instruction also has its issues with the Trump administration regarding the interpretation of Title IX concerning the participation of transgender students in school sports and other gender-inclusive policies.
On Feb. 5, President Donald Trump issued Executive Order 14201 to prohibit transgender women and girls from participating in female competitive sports, on the basis that allowing transgender athletes into female sports is a violation of Title IX.
In Washington, transgender girls are generally allowed to participate in girls’ sports.
State Superintendent Chris Reykdal has repeatedly stated that Washington is not changing course despite threats from the Trump administration, including a federal investigation into OSPI over implementing a gender inclusion policy that conflicts with federal law.
During a Washington State Board of Education gathering last week, Reykdal said he had spoken with officials in California who have no intention of acquiescing to the June 25 demands of the federal government.
“Lots of us are saying the president’s will is not law, and his executive orders don’t have the power of law,” Reykdal said at the time. “So, California just got a ruling … but California will not sign any agreement, and we talked with them.”
As of Thursday, California Gov. Gavin Newsom had not indicated he intends to comply with the federal government’s demands.
“Lots of us are saying the president’s will is not law, and his executive orders don’t have the power of law. So, California just got a ruling … but California will not sign any agreement, and we talked with them,” said Reykdal.
It’s unclear when the federal government’s investigation into OSPI will be completed, but the Trump administration this week notified Washington and several other states that funding for several programs is being withheld for other alleged violations of federal law related to education funding.
“If states lose access to funds for these essential programs, Washington’s school districts will see an immediate decrease of approximately $137 million, amounting to 15.6% of our state’s federal K–12 funding,” Reykdal said in a Tuesday news release. “This is a financial risk to districts, because they’ve made programming and employment commitments with the assumption that they’d be receiving this funding.”
Beth Parlato, senior legal advisor at Independent Women’s Forum, told The Center Square that Washington will likely have the same findings by the federal government as California.
“We all know that there are men competing in women’s sports in Washington state. It’s been in national headlines,” she noted. “So, once the investigation shows that there are violations, which I’m certain that there are, it’s going to be the same process as California, Minnesota and Maine, where they will have so many days to comply.”
Parlato explained that in California’s case, the state was given 10 days to institute new policies that align with Title IX, protecting girls and women in athletics and private settings like bathrooms and locker rooms.
“And if they don’t, it goes to the DOJ [Department of Justice] for prosecution. And [Attorney General] Pam Bondi has already said she is going to prosecute,” she continued. “She will take these cases to court.”
Reykdal has instructed Washington’s 295 public school districts not to comply with federal guidelines on Title IX.
“State law doesn’t supersede,” Parlato explained. “Title IX has been around for 53 years, so it doesn’t matter what a state policy or regulation or even a law is; this is federal law that has been in effect for 53 years, and they have to comply.”
The U.S. Supreme Court said on Thursday it would hear appeals from two states – West Virginia and Idaho – seeking to uphold laws excluding transgender athletes from competing in girls’ and women’s sports.
In both cases, lower courts sided with the student athletes, finding that those state laws violated either the Fourteenth Amendment’s equal protection clause or Title IX.
Parlato told The Center Square that Washington school districts that are resisting Reykdal’s directive to allow trans athletes in girls’ and women’s sports should feel encouraged by federal law and stand their ground.
“I think that those school districts that have said they’re going to comply with federal law – I mean, more power to them. I hope that they stick to their guns, and they don’t succumb to the state telling them what to do because it’s wrong,” she said. “They need to protect girls. They need to protect girls’ sports. That’s why we had Title IX, and to erase that is unconscionable.”
