President Joe Biden’s proposed Title IX regulation punted on a direct confrontation over whether biological men must be permitted to participate in women’s sports. But by redefining “sex” to encompass “gender identity,” Biden’s Department of Education has threatened to compel school districts to treat students as whatever gender they like — without their parents’ knowledge or consent.
According to the regulation, the “requirement to permit students to participate [in education] consistent with their gender identity may require updating of policies.” Although the 701-page document does not spell out a full policy agenda, school district lawyers can and will infer the changes the Biden administration wants from the two examples it gives of policies that would not have to change. Those two policies, from California’s Department of Education and Nevada’s Washoe County School District, speak with one voice on what schools need to share with parents when a child expresses gender dysphoria: nothing. Except for extreme circumstances, it’s all up to the child.
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