A pair of federal investigations has found that California’s Department of Education and the California Interscholastic Federation, the governing body overseeing high school athletics statewide, are in “clear violation” of Title IX for allowing biological males to compete in female-only sports.
Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in any federally funded educational programming, requires schools to ensure equal opportunities, including across athletic activities.
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California, however, has “actively prevented this equality of opportunity by allowing males in girls’ sports and intimate spaces,” the U.S. Department of Education’s civil rights office said Wednesday, announcing findings from its Title IX investigations into the two state entities.
Following the noncompliance findings, the California education department and athletics association were offered a chance to agree to reform their “unlawful practices” voluntarily within 10 days or risk “imminent enforcement action,” including referral to the Department of Justice for further proceedings.
The reform proposal stipulated that the California Department of Education must issue a notice acknowledging that any interpretation of state law in conflict with the resolution agreement is preempted by federal law under Title IX. This would involve rescinding state-level guidance at odds with federal regulations implementing Title IX.
CIF policy Bylaw 300.D allows biological males who identify as female to compete on female-designated sports teams, which aligns with long-standing California law. Enacted in 2013, the School Success and Opportunity Act permits California students to participate in sex-segregated school activities and access facilities “consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records,” under Section 221.5(f) of the state’s Education Code.
If the resolution agreement is accepted, the advisory will specify that Title IX forbids schools from allowing biological males in female sports and spaces. Furthermore, state schools must adopt biology-based definitions of the words “male” and “female.”
Among other action items, the agreement would require the restoration of otherwise female-held records, titles, and awards “misappropriated by male athletes competing in female competitions,” personalized apologies on behalf of the state of California sent to those female athletes whose recognitions were restored “for allowing her educational experience to be marred by sex discrimination,” and annual certification ensuring compliance with Title IX.
Accordingly, the state is directed to develop a monitoring plan to ensure that all recipients of federal funding operating interscholastic athletic programs in California are fully complying with Title IX.
“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,” U.S. Education Secretary Linda McMahon said in a statement.
“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,” McMahon added. “The state must swiftly come into compliance with Title IX or face the consequences that follow.”
On Feb. 12, the U.S. Education Department’s civil rights division opened an investigation into the CIF after the association reportedly announced plans to flout federal anti-discrimination law. In May, the Title IX special investigations team, a joint federal task force, took over the investigation.
On April 4, the investigative Title IX team announced it had initiated an investigation into the California Department of Education for allegedly failing to protect female sports in the state.
“Female athletes in California, like all women and girls nationwide, should be protected from unfair and dangerous competition against male athletes,” Defending Education president Nicole Neily said in a statement shared with the Washington Examiner. “California is violating the letter and spirit of Title IX and parents around the country – not just in California – are grateful for the bold action of the Administration to ensure compliance.”
Erika Sanzi, director of outreach at Defending Education, also commended the federal action against California.
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“So many of us have spent years watching in disbelief as leaders in California chose to systematically betray their female athletes, even after Gov. Newsom acknowledged publicly how unfair the situation was,” Sanzi said. “This action by the Department of Education is a crucial first step in standing up for Title IX, protecting the state’s athletes in the future, and making things right with the female athletes who have been wronged.”
Sanzi said she hopes that Wednesday’s announcement sends a strong message to other states with transgender policies mirroring California’s and recalcitrant leaders refusing to fall in line.