What is Title IX and where is it going?

U.S. DEPARTMENT OF EDUCTION INTENDS TO

EXPAND TITLE IX TO INCLUDE SEXUAL ORIENTATION & GENDER IDENTITY

Child & Parental Rights Campaign is sounding the alarm to parents, educators, and community leaders about the Biden Administration’s sweeping new proposed regulations to Title IX that would promote radical gender identity ideology as mandated policy in our schools.

Title IX of the Education Amendments of 1972 regulates every public K-12 school, college, and university in the nation, prohibiting discrimination “on the basis of sex.” As a result, Title IX impacts tens of millions of children and parents. 

On July 12, 2022, the U.S. Department of Education published in the Federal Register a Notice of Proposed Rulemaking to rewrite the federal regulations that implement Title IX to expand the law’s scope, without Congressional approval, to include sexual orientation and gender identity. This will have devastating effects on parental rights, children’s well-being, First Amendment rights, and girls’ privacy, safety, and sports opportunities. 

Concerned citizens have only till September 12, 2022 to act. 

Here is an overview of what the proposed changes to Title IX’s regulations will do:

Create a new category of “sex discrimination” based on sexual orientation and gender identity.

    The new rules will dramatically expand the scope of Title IX to include “discrimination on the basis of sexual orientation and gender identity.” They declare that preventing a student from participating in any school activity “consistent with their gender identity” subjects a student to harm on the basis of sex.

Make Upholding Biological Reality a Form of “Sex-based Harassment.”

    The new regulations create a new form of “sex-based harassment.” Actions like using a child’s given name and biologically accurate pronouns instead of a preferred name and pronouns may be regarded as sex-based harassment.

Normalize Gender Identity Ideology and Harm Children’s Health.

    The new regulations will promote gender identity ideology in our schools as mandated policy, encouraging students to believe that they can be “born in the wrong body.”  Studies show that if not socially transitioned, 61% to 98% of children will come to terms with their biological sex. But if transitioned, children will be less likely to reconnect with their sex. 

    Many children will then pursue chemical and surgical alterations that have irreversible life-altering consequences like sterility and life-long sexual dysfunction, interrupting healthy growth and development, and other serious risks, like loss of bone density, cognitive problems, blood clots, cardiovascular disease, and cancer.

Create a Head-On Collision With Parental Rights

    The new regulations would require K-12 schools to support socially transitioning children to a different gender without requiring notice to parents, the involvement of medical professionals, or legal documentation. These are life-altering decisions they are not qualified to make.

    These rules will increase calls to child protective services for parents who uphold biological reality. Children are harmed when parents are disempowered to make the best decisions to protect their mental, physical, and spiritual well-being. 

Require Schools to Open Up Their Privacy Facilities Based on Gender Identity.

  • Schools would be required to permit males who identify as females to use privacy facilities set aside for females, and vice versa. Girls/women will have to surrender their right to privacy and be placed at increased risk for harassment or assault by males who claim a female identity.

Jeopardize Girls’ and Women’s Athletic and Educational Opportunities.

  • These rules will require sports teams to be based on gender identity, instead of biological sex, forcing girls and women to compete on an unfair basis for athletic opportunities and scholarships against males and creating significant risks of injury for girls and women.

Threaten Religious Freedom and Free Speech in favor of Gender Indoctrination.
  • School districts will be forced to adopt policies that compel students and staff to refer to others as something other than their sex. This will violate students’ and teachers’ First Amendment rights to speak freely and treat others in a manner that is biologically accurate and consistent with their faith.

Turn Title IX Coordinators into federal law enforcement officials.

  • The new regulations give Title IX Coordinators sweeping new authority to enforce the new mandates. They empower Title IX Coordinators to decide whether to make a complaint against a school official or another student even if a child does not want to.


TAKE ACTION

Parents, educators, and community leaders must take action against the devastating impacts of the USDOE’s proposed Title IX regulations through the Public Comment process

 on or before September 12, 2022.

What you should know about Public Comments on Federal Agency Rulemaking:

    • What is a public comment? 

    • A public comment is a written public input on proposed agency regulations that gives reasons or evidence why a proposed it should or should not be adopted. The Federal Register has a public portal for the public to submit their comments.

    • What is the goal? 

    • The USDOE is required to consider and respond to the public comments they receive. If they fails to address comments about negative impacts, a court may strike them down as "arbitrary and capricious."  The goal is to elicit a high volume of comments that may cause the USDOE to reconsider or delay, or may assist other branches of government to block their implementation.

    What sorts of information should be in a public comment? 

    • Name of the proposed rule and RIN (Regulation Identifier Number)
    • For each area of concern explain how they would specifically impact or pose specific threats to you, your family or children, your organization or its members.
    • Personal stories and/or citations or links to relevant studies, articles, reports, examples, or other evidence. 
    • Pose questions the USDOE needs to answer – such as the economic impact of the proposed regulations. Money is allocated to schools based on the number of students registered each year. When schools lose students, they lose funding. The threat of lost funding by parents removing their children can be a powerful weapon.


    HERE’S WHAT TO DO: 
    • Parents, educators, and community leaders should submit comments regarding the proposed Title IX regulations. Explain who you are, why you are commenting, and the types of specific impacts, threats, information, and/or personal stories described above.
    • Consider stating that the proposed regulations are so harmful that if adopted you may consider removing your children from public school and/or encouraging others to do so.
    • Comments should be submitted to the Federal Register electronically at: 

    • Be sure to put the Docket ID: ED-2021-OCR-0166 at the top of your comment.
    • Prewritten comments can be uploaded in Microsoft Word or “print to PDF” format by clicking the Green “+ Add a File” button. 
    • Educate your family, friends, and members on the threats posed by these regulations and encourage them to submit comments to the USDOE by September 12.

    TOOLS FOR ADVOCACY: 
    Child & Parental Rights Campaign has developed resources to help you or your community make your voices be heard:
    • Call to Action that includes a brief summary of the proposed regulations and what to do.
    • Detailed Legal Analysis of the key provisions of the proposed regulations.
    • Sample comment starters for parents, educators, and community leaders for the following concerns:
    • Parental rights 
      Harms to children 
      Freedom of speech 
      Freedom of religion
      Protecting girls’ sports and privacy spaces
      Harms to minority community
      Economic impact


Please personalize one of the comment starters below to submit your own unique public comment to the U.S. Department of Education. 

Comment Starter Letter for Community Religious Leaders
  • You can be a voice of truth and help win the battle in the campaign for Child & Parental Rights.
    Vernadette Broyles, Esq.
    President and General Counsel