Upholding Student Rights: Republicans' Commitment to Title IX and Fair Play in Education

Ensuring Fairness in Discipline and Sports through Republican-led Legislation

SUMMARY: Amidst controversial attempts by the Biden administration to redefine "sex" under Title IX, Republicans remain steadfast in preserving the law's original purpose. Title IX was designed to prevent sex discrimination in education, explicitly recognizing biological distinctions between males and females to ensure equal opportunities. Recent legislative initiatives like North Carolina's Fairness in Women’s Sports Act exemplify Republicans' dedication to fairness and protecting students' rights. By instituting due process for school suspensions and safeguarding the integrity of girls' sports, these measures promote justice and maintain equitable opportunities for all students.

Over the last few decades, Title IX has been recognized for banning "sex discrimination" in schools. The Biden administration has issued new rules wrongly claiming "sex" includes "gender identity."

This means that males who identify as girls will have legal access to locker rooms, bathrooms, and sports teams as females. 

Title IX, like the Civil Rights Act of 1964, clearly identifies biological sex, male and female, and allows sex-specific measures to ensure equal opportunity. Schools can transition from single-sex to coeducational schools under Title IX, which emphasizes biological distinctions between men and women. 

However, there's no mention of “gender identity” in Title IX. 

Under Title IX, the Biden administration's redefining "sex" undermines women's opportunities, invades student privacy, and jeopardizes women's sports. 

Federal Judge Blocks Biden's Title IX Expansion in Four States

Last week, a federal judge in Louisiana temporarily blocked Biden’s new Title IX rule. Trump-appointed U.S. District Judge Terry A. Doughty issued the injunction, stating the rule overstepped the Education Department's authority and posed a "threat to democracy." 

This decision applies to Louisiana, Mississippi, Montana, and Idaho, which challenged the rule.

The U.S. Education Department defended the rule, saying it's reviewing the judge's decision.

The Louisiana case is among at least seven backed by more than 20 Republican-led states fighting Biden’s rule. The rule is set to effect in August.

NC Legislators Protect Girls’ Sports

Last year, North Carolina Republicans sponsored and passed the Fairness in Women’s Sports Act, barring boys and men from middle school, high school, and college competing in female sports. 

House Bill 574, sponsored by Republican Representatives Jennifer Balkcom (Henderson), Karl Gillespie (Macon), Erin Paré (Wake), and Kristin Baker (Cabarrus), protects the health and safety of female athletes, along with the integrity of women’s sports. 

Biden Robbing Students of Rights

The new regulations expand sex discrimination to include sexual orientation, “gender identity,” and sex characteristics. Biden’s new rules redefine “hostile environments” to include unwelcome conduct that is subjectively, objectively offensive, severe, or pervasive. 

This replaces the 2020 standard that required the conduct to be severe, pervasive, and objectively offensive.

Under the new rules, a student can be punished for a single innocuous comment that another takes offense to. 

We have seen this situation play out in Davidson County in the context of “racism.”

16-year-old Christian McGhee had raised his hand in class to ask whether the term “alien” being used by the teacher referred to “space aliens or illegal aliens who need green cards.” He received a 3-day suspension for “racism.” However, according to The Liberty Justice Center, no other student was affected, representing his family in the case against the Davidson County Board of Education.

Bye-Bye Due Process

Biden’s new rules would allow school administrators to abolish students’ due process rights in Title IX cases. Under the law, administrators can take the word of a single witness without allowing the accused a proper opportunity to defend themselves.

However, last week, State lawmakers advanced changes in North Carolina law in response to the case of Christian McGhee’s suspension. The law, if passed, can protect students from Biden’s onerous changes.

The Senate Education Committee approved the bill that will. let high school students appeal suspensions of five days or more. Sen. Steve Jarvis, a Davidson County Republican, is the bill's primary sponsor. 

If high school students meet certain conditions, like not being suspended again within the same year, short-term suspensions can be expunged from their records.

The bill also requires the school to take eyewitness reports from students or staff members regarding incidents that led to suspensions.

House Bill 207 has received bipartisan support and will likely receive a voice vote this week. 

The bill will change North Carolina’s current suspension procedure. High school students could appeal suspensions of at least five days and less than 10 days.

Schools would also require principals to accept detailed eyewitness accounts of incidents leading to a suspension.

Republicans Build Protective Barrier Against Biden’s WOKE Policies

North Carolina Republicans are leading crucial reforms to safeguard students' rights and ensure fairness in sports. 

One big step will be implementing H207, which gives due process when students are suspended so they can get a fair hearing and defend themselves against false accusations. 

The measure upholds justice while also fostering commonsense discipline. 

Republican-led initiatives have also focused on preserving fairness in girls' sports by enacting laws maintaining biological distinctions in competitive athletics. 

These efforts are crucial in ensuring that female athletes have a level playing field to excel in sports competitions, protecting the integrity of women's athletics while encouraging participation and excellence among all students. 

These legislative actions highlight Republicans' commitment to preserving constitutional rights and providing equal education and athletics opportunities.