In a letter sent to school leaders on Tuesday, April 23, 2024, South Carolina Education Superintendent Ellen Weaver, pictured center, told districts not to implement new federal Title IX regulations that expand protections against sexual harassment and discrimination based on sexual orientation and gender identity. (File/Skylar Laird/SC Daily Gazette)
COLUMBIA — South Carolina’s education chief is telling school districts to ignore the Biden administration’s new federal Title IX rules.
In a letter to county boards and supervisors, state Superintendent Ellen Weaver called the rule change “deeply troubling,” arguing it could violate state and federal law and will likely be challenged in court.
The U.S. Department of Education on Friday, April 19, released extensive revisions to the federal law banning sex discrimination in federally funded schools. The new rules, which take effect on August 1, undo many of the changes implemented under former President Donald Trump that narrowed the definition of sexual harassment. The change then goes further and expands the definition of sex discrimination to include sexual orientation and gender identity.
“Under the guise of ‘fairness,’ the U.S. Department of Education is seeking to expand the long-standing ban on discrimination based on ‘sex’ to include ‘sex stereotypes, sex-related characteristics, pregnancy or related conditions, sexual orientation, and gender.’ identity.’ Weaver wrote in the letter obtained by the SC Daily Gazette. “This is not fairness: it is fiat.”
The letter is the second sent this week by the head of a state education agency. Louisiana’s superintendent issued a similar message Monday.
LGBTQ advocates responded, saying Weaver’s letter shows a lack of understanding and compassion, especially for transgender, non-binary and intersex students, “who have witnessed their existence politicized.”
“We expect our schools to be safe and equitable spaces for all students – where they have the freedom to be themselves without fear of harassment and discrimination,” said Chase Glenn, executive director of the Alliance For Full Acceptance. “While Superintendent Weaver may not personally support the rights of LGBTQ+ students, as the top school leader in our state, she has a responsibility to ensure that all students have equal rights and protections and a safe place to learn and be themselves. The blatant disregard for the Title IX rule tells me that our Superintendent unfortunately does not have the best interests of all students in mind.
Weaver labeled the regulatory change a violation of free speech and said it forces students and teachers to use the child’s pronoun. She suggested the rule endangers female students by requiring transgender students to use bathrooms consistent with their gender identity or share sleeping spaces during overnight trips.
“We fully expect that this rule will remain embroiled in litigation for some time and will ultimately be struck down or modified in whole or in part by the federal courts,” Weaver wrote, before telling school officials that her department was advising districts not to do so. implement the rule at this time.
Weaver also said changes could extend to athletics.
South Carolina is one of 24 states that have passed laws banning transgender student-athletes from competing on sports teams consistent with their gender identity.
The Biden administration has yet to enact a separate rule that would ban the practice.
State lawmakers are also considering a bill that, along with banning hormone treatments for transgender children, would require school officials to notify parents if their child asks to be addressed by a pronoun that does not correspond to their birth gender. If the proposal becomes law, it could potentially conflict with the new federal rule.
The post SC Education Superintendent Instructs Schools to Ignore New Title IX Rules first appeared on SC Daily Gazette.
