A U.S. Department of Education investigation has found the California Department of Education and the Interscholastic Federation to have violated Title IX for failing to protect girls from discrimination, specifically for allowing biologically male athletes to compete in women's sports.
In an interview with Fox News, Secretary of Education Linda McMahon explained that California would have to remedy the violations within ten days or face consequences.
A Department of Education press release details the investigation's findings and the actions California needs to take (don't hold your breath) to gain compliance.
The investigation began after California's Interscholastic Federation announced that it would openly defy the Trump Administration's policy banning men from competing in women's sports.
On February 12th, OCR opened a directed investigation into CIF following the organization’s announcement that it would violate federal antidiscrimination laws related to girls’ and women’s sports. This investigation was then elevated to the Title IX Special Investigations Team in May.
On April 4th, the Department of Education and Department of Justice’s Title IX Special Investigations Team announced its first investigation into the California Department of Education for its alleged failure to protect women’s and girls’ sports.
Secretary McMahon's statement:
“Although Governor Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions,” said U.S. Secretary of Education Linda McMahon. “The Trump Administration will relentlessly enforce Title IX protections for women and girls, and our findings today make clear that California has failed to adhere to its obligations under federal law. The state must swiftly come into compliance with Title IX or face the consequences that follow.”
As a result of the noncompliance finding, OCR has issued a proposed Resolution Agreement to CDE and CIF to resolve their Title IX violations. OCR has offered both entities an opportunity to voluntarily agree to change these unlawful practices within 10 days or risk imminent enforcement action, including referral to the U.S. Department of Justice (DOJ) for proceedings.
California will have to complete the following to bring the state into Title IX compliance.
The Department of Education’s proposed Resolution Agreement requires the following action items:
(i) The CDE will issue a Notice to all recipients of federal funding (Recipients) that operate interscholastic athletic programs in California requiring them to comply with Title IX. This will specify that Title IX and its implementing regulations forbids schools from allowing males from participating in female sports and from occupying female intimate facilities, and that Recipients must adopt biology-based definitions of the words ‘male’ and ‘female’;
(ii) The CDE will issue a Notice advising Recipients that any interpretation of California state law conflicting with the Department’s Resolution Agreement is preempted by federal law under Title IX;
(iii) The CDE and CIF will rescind any guidance that advised local school districts or CIF members to permit male athletes to participate in women’s and girls’ sports to reflect that Title IX preempts state law when state law conflicts with Title IX;
(iv) CDE will require all Recipients, including CIF, to restore to female athletes all individual records, titles, and awards misappropriated by male athletes competing in female competitions;
(v) To each female athlete to whom an individual recognition is restored, CDE will send a personalized letter apologizing on behalf of the state of California for allowing her educational experience to be marred by sex discrimination; and
(vi) The CDE will require each Recipient and CIF to submit to CDE an annual certification that the Recipient and CIF have complied with Title IX. Accordingly, CDE will also propose to OCR a Monitoring Plan to ensure that Recipients are fully complying with Title IX.
Should they fail to comply, the matter will be referred to the DOJ for legal action and may result in the loss of federal funding.
You don't even need to be a biologist if you take this approach. If you need to wear a cup, you shouldn't be playing women's sports.
Hopefully, California is just the beginning.
California is the biggest bully on the schoolyard. It makes perfect sense, win the fight there and the domino's will start to fall.
How do you beat a bully? You hit them where it hurts. In the case of leftist states defying lawful federal regulations like Title IX, you hit them right in the sacks, of cash that is. The loss of federal funding is where it hurts the most.
It won't be easy. California will fight tooth and nail, and they'll have an army of lawyers and activist judges on their side. This will be a heavywieght match and McMahon needs to win.