Biden’s New Title IX Regulations = Anti-Parent Results

Suzanne Gallaher, Parents Rights In Education

Federalizing the Sexualization of K-12 Schools, and Stealing Parents’ Rights! 

The Administration, claiming the rules protect gay and transgender students from bullying and harassment, have provided activist teachers, counselors, and administrators legal license to undermine parents’ natural rights.

Title IX  simply outlaws “sex discrimination” in education. It says nothing about “gender” or “gender identity.” But the Biden administration wants to redefine “sex.”

The Department of Education said the amendments will include “clarifying text” to include protections against discrimination based on sexual orientation and gender identity to strengthen the rights of LGBTQI+ students.

Student Confidentiality
Parents will be censored from any knowledge of their child’s exposure to gender identity curriculum, or socially transitioning at school. GLSEN Confidentiality Guidelines or similar versions are now used by most school districts in liberal states.

The new Title IX categorizes gender ideology as an anti-discrimination issue. If currently the policy, parental permission is not required for children to participate in “gender Identity,” lessons and behavior. If not already doing so, schools will use Title IX’s anti-discrimination mandate to deny parental requests to opt-out from these controversial lessons.

Opposite Sex Locker and Bathroom Room Privileges
According to the Biden policy, students will have absolute rights to use school facilities and participate in activities “consistent with their gender identity,” whether or not their parent(s) have knowledge, or agree with the access.

This is not new to Oregon families who learned in April of 2019,  “Outdoor School will accept and address a student by their preferred pronoun such as He, She, or They”…at Outdoor School, students typically change clothes in cabins and shower in the site’s shower houses. ‘Cabins’ are led by Student Leaders who live in cabins with students. Students and Student Leaders who identify as male will be assigned to male cabin groups and will use male designated bathrooms.  Students and Student Leaders who identify as female will be assigned to female cabin groups and will use female designated bathrooms.”

In many places, schools are already claiming legal authority to socially transition children without parental consent or knowledge. An Alaska school used Title IX as justification for changing a child’s name and pronouns without telling her mother. Officials revised all school documents, other than those sent to the parents, to reflect the child’s chosen male name. Parents realized what the school had done, and challenged their authority. School officials cited Title IX, claiming the parents had no rights.

In 2017 Parents Rights’ In Education was one of 4 plaintiffs in a similar case and sued (lawsuitDALLAS, Oregon SCHOOL DISTRICT NO. 2; OREGON, DEPARTMENT OF EDUCATION; GOVERNOR KATE BROWN, in her official capacity as the Superintendent of Public Instruction; and UNITED STATES DEPARTMENT OF EDUCATION; BETSY DEVOS, in her official capacity as United States Secretary of Education as successor to JOHN B. KING, JR.; UNITED STATES DEPARTMENT OF JUSTICE; JEFF SESSIONS, in his official capacity as United States Attorney General, as successor to LORETTA F. LYNCH. The case was given consideration by the Supreme Court in 2020, but was not ruled upon.

JURISDICTION OUTSIDE SCHOOL GROUNDS 
Perhaps most alarming is the way in which officials might use the rules to threaten parents who don’t affirm their child’s chosen identity. Because the regulations claim to apply to conduct that occurs “outside [the school’s] education program or activity or outside the United States,” schools can label parental conduct at home “discriminatory.”

A parent who refuses to use a child’s preferred pronouns, declines to fill a prescription for puberty blockers, or decides against sending a gender-confused child to an affirming therapist, is legally characterized as “discriminating” against his or her child.

The rules say schools must “respond to a hostile environment based on sex.” Biden’s broadly written Title IX rules give the government a good-faith basis to investigate parents for creating a harmful environment for their child.

This has happened to families around the country. According to a NY Post Article, a California father reported his daughter’s school filed a report with Child Protective Services after officials found he and his wife weren’t referring to their daughter by her preferred male name. A CPS agent showed up at school the same day, and informed the parents their daughter would be removed from their custody, accusing them of subjecting their daughter to “emotional damage.” After a month, the father regained custody only after signing a CPS waiver vowing to use his daughter’s male name henceforth.

Oregon school employees believe they’re required to report such parents to social services. PRIE recently received a similar report from a Portland parent whose 14 year old daughter was being counseled to consider sex change. Mom appealed to the school to stop counseling her child. They refused. She inquired about transferring to another school. The Principal refused to sign release form.  So, Mom announced she would homeschool, and the Principal told her she would call Child Protective Services.

Biden’s proposal is the most egregious and dangerous use of federal power in history, because it places control of minors in the hands of government employees, taking parents completely out of decision-making for their children. It doesn’t matter what some states have done to protect parents, the administration will claim its federal rules take precedence.

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