Opinion: Title IX Final Rules challenge

Print More

Open Letter to the Granby Board of Education,

We urge the Granby Public Schools to delay making any changes to school policies or operations based on the Title IX final rules published by the U.S. Department of Education in April of this year.

As you may know, ongoing legal challenges and a recent significant change to judicial review standards for administrative rules have created a compliance environment that is in considerable limbo. Five federal judges have issued preliminary injunctions, temporarily delaying the effect and enforcement of these rules in 15 states. One of these injunctions also covers members of three national organizations in any state and includes some schools in Connecticut. Additionally, several lawsuits are still pending, which could lead to the enforcement of the Title IX rules being enjoined in more states. Most consequentially, the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo will ultimately lead to the nullification of several administrative rules that exceed statutory authority. This decision puts the new Title IX rule in extreme legal peril.

Given the legal uncertainties and the potential for further judicial review, it would be prudent to hold off on implementing any changes within the district until the legal landscape is more settled.

Delaying action will help ensure that the district avoids unnecessary complications and potential conflicts with federal rulings. Additionally, delaying action will help the district avoid the costs of implementing policy changes that may soon become obsolete. We believe it is in the best interest of our students, faculty and community to wait for more definitive guidance before making any adjustments based on the new Title IX rules.

In addition, we ask that you urgently review district policies that rely on interpretations of Title IX that are not yet implemented. Specifically, please consider whether the Connecticut athletic policy that categorizes high school sports by gender identity rather than gender at birth is required by the current regulations or even the regulations taking effect on August 1. The athletics portion of the new Title IX rule was so controversial it was separated out and has now been moved to a “long-term action” with no further action expected in the next year. The Connecticut policy should be rolled back until federal action is taken.

Our district should also reconsider the assertion by the Connecticut Interscholastic Athletic Conference (CIAC) that its policy is required by state law. The text of the Connecticut statute it cites, C.G.S. §10-15c(a), does not speak to sports categories at all nor does it resolve the inherent conflict created when trying to provide protection on the basis of two distinct classifications. When it comes to sex and gender identity in sports, you must choose. You can protect the boy who wants to take a spot on a girls’ team based on his “gender identity” or you can protect the girl for whom that spot was designated based on her “sex”. You cannot do both. A question of such import should not be decided or assumed by the CIAC.

Several school districts and the CIAC have already been sued by female athletes harmed by this policy. Our district should carefully and independently determine what is required by law. Upending 50+ years of norms without a clear statutory mandate to do so puts our school district and our female students at unnecessary risk.

Thank you for your attention to this matter. We trust you will consider this suggestion carefully and we look forward to any updates you may provide on the district’s approach to this issue.

Bill and Susan Regan

Editor’s note: This letter was submitted to The Granby Drummer, all members of the Granby Board of Education, Town Manager Mike Walsh and First Selectman Mark Fiorentino.