The U.S. Department of Education’s Office for Civil Rights (OCR) recently concluded its investigation into the California Department of Education (CDE) and the California Interscholastic Federation (CIF) over violations of Title IX.
The investigation focused on allegations of discrimination against women and girls, particularly in sports.
OCR found that both the CDE and CIF violated Title IX, a federal law that ensures equal opportunities for women and girls in educational settings, including athletics.
Title IX and Its Importance
Title IX of the Education Amendments of 1972 mandates that no person, on the basis of sex, should be excluded from participation in any educational program or activity receiving federal funding. This includes sports. The law was a groundbreaking step toward gender equality in education and athletics, ensuring that girls and women have the same opportunities as boys and men. Over time, Title IX has been instrumental in increasing female participation in sports and educational programs.
California’s Title IX Violations
In this case, California’s policy allowed male athletes to participate in women’s sports and use female facilities based on their gender identity rather than their biological sex. This is where the violation occurred.
Title IX protections are based on biological sex, and California’s approach conflicted with the federal law, prompting the investigation.
Despite public acknowledgment by California Governor Gavin Newsom that allowing men to compete in women’s sports was “deeply unfair,” both the CDE and CIF continued to permit males to compete in female competitions.
This situation has led to what Secretary of Education Linda McMahon called “unfair competition, unsafe situations, and indignities” for female athletes.
OCR’s Resolution and Proposed Actions
As a result of the findings, OCR has issued a Resolution Agreement to both the CDE and CIF. They now have 10 days to voluntarily agree to change their policies. If they do not comply, the Department of Education could refer the matter to the U.S. Department of Justice (DOJ) for legal action.
The key actions outlined in the proposed agreement are as follows:
- Notice to Recipients: The CDE will inform all schools that receive federal funding about the Title IX requirements, including the prohibition of males in female sports.
- Preemption of State Law: The CDE will make clear that federal Title IX law overrides any conflicting California state laws, ensuring compliance with federal protections.
- Rescinding Conflicting Guidance: The CDE and CIF will withdraw any advice that allowed males to participate in women’s sports and use female facilities.
- Restoration of Records: The CDE will ensure that female athletes’ titles, records, and awards taken by male athletes are returned to them.
- Apologies to Affected Athletes: Female athletes who have been impacted by these policies will receive a personalized letter of apology from the state of California.
- Annual Certification: The CDE will require schools and the CIF to annually confirm their compliance with Title IX.
The Push for Gender Equality in Sports
The investigation and findings come as the U.S. celebrates June as “Title IX Month” in honor of the 53rd anniversary of the law’s enactment.
Title IX has been critical in advancing gender equality in educational settings, particularly in sports.
The Department of Education, under the Trump Administration, continues to emphasize the need to protect female athletes from unfair competition in women’s sports.
Background on the Investigation
This investigation started in response to California’s stance on gender identity in sports. The state had previously allowed athletes to compete in sports based on gender identity rather than biological sex, which contradicts the protections of Title IX.
OCR began its investigation in February, after the CIF announced its intention to follow state law, despite it violating federal antidiscrimination laws.
Additionally, the Supreme Court recently upheld a law in Tennessee banning certain medical treatments for minors related to gender identity.
This ruling further clarified that gender identity is distinct from biological sex, strengthening the argument for the need to maintain biological sex-based distinctions in areas like sports.
