Louisiana Education Chief Raises Concerns Over Biden’s Title IX Changes

A rally in front of the White House to press the Biden administration to release the long-awaited final Title IX Rule in Washington on Dec. 5, 2023. (Leigh Vogel/Getty Images for National Women's Law Center)

Louisiana’s Department of Education superintendent has flagged a potential issue with the new Title IX rules unveiled by the Biden administration, specifically that they could run afoul of existing state laws.

Title IX is a federal law that prohibits sex discrimination, including sexual harassment and sexual violence, in any educational programs or activities that receive federal funding. Under the changes unveiled on April 19 by the Biden administration, the new rule defines sexual harassment as including harassment based on sex stereotypes, sex characteristics, pregnancy, sexual orientation, and gender identity.

Set to take effect from Aug. 1, schools and colleges across the country have a few months to update their policies on how to handle sex discrimination complaints based on a new, broadened definition of sex as changed by the Biden administration.

However, Dr. Cade Brumley, the state superintendent for the Louisiana Department of Education, has advised schools in his jurisdiction through an April 22 open letter “to maintain communication with their legal counsel on this matter.” He also said, “schools should not alter policies or procedures” at this time because the new rules will inevitably end up in court.

According to Dr. Brumley, part of his opposition to the Title IX changes is because they will likely conflict with Louisiana’s Fairness in Women’s Sports Act, which calls for school athletic activities to be divided into biological sex, male or female, unless it’s already co-ed in nature.

“While ED claims these new rules do not speak to sport, the new rules explicitly mention athletics over 30 times,” he said.

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“Clearly, sports in Louisiana could be impacted by the new rules, and if implemented, create a conflict with Louisiana law.”

Superintendent Remains Opposed

Dr. Brumley also claimed the new Title IX rules would force schools to allow transgender girls to use girls’ restrooms and locker rooms. Teachers would also be compelled to call students by their preferred names and pronouns. A requirement that could conflict with a bill in the Louisiana Legislature to protect teachers who refuse to refer to students by pronouns that don’t match their sex assigned at birth.

“At this time, my opposition to these new Title IX rule changes remains unchanged,” Dr. Brumley said in his open letter.

“The Title IX rule changes recklessly endanger students and seek to dismantle equal opportunities for females.”

According to Dr. Brumley, his office is currently working with the governor and attorney general to review the 1,500-page new rules and determine their overall impact. He predicts there will be legal challenges to the new Title IX changes very soon.

“This expanded definition is unsupported by the text of Title IX, its implementing regulations, and the law’s extensive chronological history and record of debate debilitation,” he said.

“This rule runs contradictory to the entire foundation of Title IX,” Dr. Brumley added.

Conservative organizations, including the Christian legal powerhouse Alliance Defending Freedom, have already threatened to sue the Biden administration over the changes. So far, no lawsuits challenging the changes to Title IX have been shared publicly.