Beth Ann Rosica: Majority of Philly-area school districts are out of step with Title IX

The Trump administration is waging war against states that refuse to comply with Title IX protections for girls and women. While the key issue is focused on boys competing in girls’ sports, other aspects include keeping boys out of girls’ bathrooms and locker rooms.

The U.S. Department of Education launched an investigation against California in April and last week announced the state was non-compliant. A proposed Resolution Agreement requires the California Department of Education to mandate compliance with Title IX.

“This [notice] 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.’”

The showdown between blue states and the Trump administration started even before his inauguration. In January, a federal judge reversed the Biden administration’s rewrite of Title IX that included protections against discrimination based on “gender identity.” 

Upon taking office, Trump followed up the ruling with an Executive Order — Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government — that set the stage for ensuing battles.

Pennsylvania has not been targeted by the federal government — yet. However, it seems only a matter of time before it happens.

Despite the federal orders and a subsequent Dear Colleague letter warning states and school districts about potential consequences for violators, Pennsylvania is doubling down. The Pennsylvania Human Relations Commission (PHRC) continues to provide protections based on “gender identity” despite the federal law, court rulings, and Executive Orders.

The PHRC regulations are in direct conflict with federal law and are providing cover for some school districts in the Commonwealth. Many districts continue to allow students to use the bathroom that corresponds to their gender identity as opposed to their biology, citing the PHRC regulations.

Broad + Liberty completed a review of policies for every school district in Bucks, Chester, Delaware, Montgomery, and Philadelphia counties. The analysis shows some districts have a specific policy for transgender students, often entitled, “Transgender and Gender Expansive Students.” Districts with this particular policy clearly articulate that students can use the bathroom that most closely aligns with their gender identity. This policy also requires school staff and administration to withhold information from parents. Over 40 percent of districts in the region have this type of policy.

Thirteen of the 62 districts analyzed (21 percent) continue to recognize “gender identity” as a protection under their Title IX Nondiscrimination policy, despite the federal law saying otherwise.

Twenty-three (37 percent) of the district’s policies do not include “gender identity” in their Title IX Nondiscrimination policy.

The chart below shows each district and its specific policy. Red denotes a specific “transgender” policy, purple indicates a Title IX policy that includes “gender identity,” and green means a Title IX policy that does not include “gender identity.” 

Each district’s policy is linked at the end of this article.

Based on the analysis and the policy language alone, well over half of the region’s school districts are out of compliance with federal law. Given those numbers, Pennsylvania should be on the Trump administration’s watch list.

Furthermore, the reality is likely much worse than what the policies show. Many of the “green” districts whose policies comply with Title IX have other policies that include references to “gender identity” that may allow students to use the bathroom of their choice.

Perhaps these districts found a way to follow the letter of the law but not the intent of the law?

Some of the policies contain concerning language about eliminating gender language and gender-segregated activities.

For example, the Norristown “Transgender and Gender Expansive Students” policy states, “To the extent possible, the district and schools should use gender-neutral in written communication, including with students and their families, regardless of a student’s gender identity. This includes employing ‘they’ (singular) instead of ‘he/she.’”

The Springfield Township “Transgender and Gender Non-Conforming Youth” policy asserts “To the extent possible, schools should reduce or eliminate the practice of segregating students by gender. In situations where students are segregated by gender, such as for selected health education classes, students should be able to choose and be included in the group that corresponds to their gender identity.”

The Colonial “Gender Expansive and Transgender Students” policy includes an entire chart of sample pronouns to use.

Additionally, all of the “transgender” policies state that parents can be excluded from the process. Haverford and other districts use this language consistently.

“In general, the prerogative to assert the rights of the gender expansive and transgender students belong to the student and do not require additional parental/guardian consent unless the assertion of a right delineated in these guidelines implicate parental/guardian rights under the Family Educational Rights and Privacy Act or other applicable law.”

These “transgender” policies also allow students to use the bathroom of their choice although there is a wide range in the specific language. Some districts have a very straightforward policy. 

Upper Darby’s policy states, “Students shall have access to the restroom that corresponds to their gender identity.”

Penn-Delco, on the other hand, has a much more robust process that requires “more than a casual declaration of gender identity or expression.”

Regardless of the process or the language, based on their policies, well over half of the districts in the region are not following federal law. 

A Chester County constituent is outraged by his district’s brazenness.

Bruce Chambers, a resident of the Great Valley School District and former School Board Director filed a complaint with the U.S. Department of Education, Office of Civil Rights over the district’s “Transgender and Gender Expansive Students” policy.

Alleging the district is violating federal law, Chambers encouraged the school board multiple times to rescind the policy. Even with the threat of filing the complaint, the board failed to act; therefore, left with no other choice, he filed the complaint against the district.

Chambers reports that the Office of Civil Rights acknowledged receipt of the complaint and has opened a case file.

“It should be a very easy decision for the School Board to eliminate the policy, but as we have seen in the past few years, the Great Valley School Board spends more time and effort on the social indoctrination of students than they do on ensuring they excel in academics,” said Chambers. “We currently spend over $27,000 per student per year, yet last year, only 46 percent of the students were grade level proficient in Math and Reading. Yet, the Board has no plan to improve the academic results of the School District.”

Maybe Chamber’s complaint will alert the U.S. Department of Education of the situation in Pennsylvania and will trigger a larger investigation, likely leading to a showdown between Trump and Shapiro. 

Author’s note – Districts can update policies at any time. Please email me with any discrepancies and the data will be updated.

Links to district policies: Abington, Avon Grove, Bensalem, Bristol Borough, Bristol Township, Centennial, Central Bucks, Cheltenham Township, Chester Upland, Chichester, Coatesville, Colonial, Council Rock, Downingtown, Garnet Valley, Great Valley, Hatboro-Horsham, Haverford Township, Interboro, Jenkintown, Kennett Consolidated, Lower Merion, Lower Moreland, Marple Newtown, Methacton, Morrisville Borough, Neshaminy, New Hope-Solebury, Norristown Area, North Penn, Octorara, Owen J. Roberts, Oxford, Palisades, Penn-Delco, Pennridge, Pennsbury, Perkiomen Valley, Philadelphia, Phoenixville, Pottsgrove, Pottstown, Quakertown Community, Radnor Township, Ridley, Rose Tree Media, Souderton Area, Southeast Delco, Springfield (Delco), Springfield Township (Montco), Spring-Ford Area, Tredyffrin-Easttown, Unionville Chadds Ford, Upper Darby, Upper Dublin, Upper Merion Area, Upper Moreland Township, Upper Perkiomen, Wallingford- Swarthmore, West Chester Area, William Penn, and Wissahickon.

Beth Ann Rosica resides in West Chester, has a Ph.D. in Education, and has dedicated her career to advocating on behalf of at-risk children and families. She covers education issues for Broad + Liberty. Contact her at [email protected].