The new rules, which go into effect in August, include anti-discrimination protections for students on the basis of sexual orientation and gender identity. Among the rules are provisions that would prevent schools from barring transgender students from using bathrooms or pronouns of the gender they identify with.
Title IX was originally enacted in 1972 to prevent sex-based discrimination and sexual harassment in any federally funded K-12 school or public university. The law also offers students a federal recourse if they are the victim of a sex-based violation or crime.
Shortly after the expanded Title IX guidelines were released, Abbott directed the Texas Education Agency to ignore the “illegal” mandate. Earlier this week, Abbot sent a letter to every public university and community college in the state instructing them to “not comply” with the revisions.
“I signed laws to ensure the safety of our students on campus and provide a process for adjudicating reports of sexual harassment and sexual assault with adequate due process for all parties involved, as well as laws to protect the integrity of women's sports by prohibiting men from competing against female athletes,” Abbott’s letter to the universities said. “I will not let President Biden erase the advancements Texas has made."
Texas is now one of 20 GOP-led states suing the Biden administration over the rules, which Abbott said were written “to protect men who identify as women.” The new Title IX rules do not address transgender students' participation in sports.
How North Texas Schools Are Responding
So far, school districts and public universities across the state appear unsure of how to proceed with the new guidelines, and the Texas Education Agency has not released a response to Abbott's direction.A spokesperson from Frisco ISD said the district “is committed to abiding by the law” and will implement the new Title IX regulations starting Aug. 1. A Grapevine-Collyville ISD spokesperson declined to comment, citing "ongoing litigation." A Dallas ISD spokesperson said the district remains committed to a 2017 resolution designating the district's schools as "welcoming and protective," but declined to say whether a decision has been reached regarding the new Title IX rules.
A spokesperson from the University of North Texas confirmed the UNT System had received Abbott's letter but declined to clarify whether the university will implement the new rules starting in the fall.
In a May 6 meeting, the board of trustees for Carroll ISD denounced the new federal protections, siding with Abbott. A resolution passed by the board said the rules “may introduce confusion and ambiguity regarding the implementation and enforcement of Title IX, potentially jeopardizing the safety and well-being of students in our district.” The resolution names Tarrant County Judge Tim O'Hare, and State Reps. Nate Schatzline, Steve Toth, Tony Tinderholt and Brian Harrison as supporters of the condemnation.
“We’re taking a stance and we think it’s the right stance,” Cameron Bryan, president of the Carroll ISD board, said in the meeting.
Three other Dallas-area public universities and five Dallas-area school districts did not respond to requests for comment.