Western Placer Unified School District approves Title IX resolution

Western Placer Unified School District on Tuesday, June 17, approved a resolution expressing support for "Title IX and fairness in girls' interscholastic sports," formally stating the district's position on women's sports and transgender student rights. WPUSD is the third school district in Placer County to approve the resolution, following Placer Union High School District and Dry Creek Joint Elementary School District. National arguments The resolution is a result of the U.S Department of Justice (DOJ) fighting with the California Department of Education (CDE) after California's track and field state championships came under a national spotlight at the end of May as the Trump Administration threatened financial penalties for California schools after a transgender athlete won three medals at the event. Before that, in February, the United States Department of Education's Office of Civil Rights announced an investigation against the California Interscholastic Federation (CIF) to determine whether CIF has violated its obligations under Title IX of the Education Amendments of 1972. The DOJ issued a letter on June 2 warning California school districts they are at risk for "legal liability" due to following CIF policy. CIF Bylaw 300.D states "all students should have the opportunity to participate in CIF activities in a manner that is consistent with their gender identity, irrespective of the gender listed on a student's records." The letter from the DOJ alleges the CIF policy is unconstitutional. "The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution prohibits discrimination on the basis of sex. Knowingly depriving female students of athletic opportunities and benefits on the basis of their sex would constitute unconstitutional sex discrimination under the Equal Protection Clause," the letter states. According to the letter, schools receiving the letter have an obligation to comply due to the Equal Protection Clause and must certify in writing by 5 p.m. Eastern Time by June 9 that they will not implement CIF Bylaw 300.D. CIF Bylaw 300.D. follows California state law, Assembly Bill 1266, which states "a pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil's records." The CDE sent a letter to California schools on June 3 stating "the DOJ assertions are not in themselves law, and the letter by itself cannot be an enforcement mechanism." The CDE responded to the DOJ on June 9 stating the CIF policy is constitutional and follows Californian law. The CDE wrote "contrary to the DOJ letter, the Equal Protection Clause does not require that athletic teams be segregated by "biological sex," and the CIF policy and the Education Code sections upon which that policy is predicated neither classify nor discriminate based on "biological sex." Furthermore, the Ninth Circuit Court of Appeals has twice held that categorically preventing students from participating in sports consistent with their gender identity, as the DOJ letter demands, likely violates the Equal Protection Clause." CDE stated that there is no new certification that local education agencies (LEAs) need to comply for federal funds. "California and its LEAs that receive federal funds have already provided the requisite assurances to federal funding agencies that programs and services comply with the U.S. Constitution," the letter wrote. "Those certifications remain in effect and there are no changes in law or circumstances that necessitate a new certification. Moreover, the DOJ letter references no law that would authorize the DOJ to require another "certification" of this kind from LEAs." The letter argued that all students benefit from inclusive school environments. "Inclusive school athletic programs have been shown to help all students, including transgender students, achieve physical and mental wellness, develop a strong work ethic, values, and sense of belonging, and improve access to academic resources and financial assistance. Conversely, when students are excluded from school sports, they lose the opportunity to enjoy these significant benefits," the letter said. "All students—not just transgender students—benefit from inclusive school environments that are free from discrimination and harassment. When transgender students are treated equally, their mental health outcomes mirror those of their cisgender peers." California Attorney General Rob Bonta on June 9 filed a pre-enforcement lawsuit against the DOJ in anticipation of imminent legal retaliation against California's school systems. WPUSD board meeting WPUSD Board Member Marjorie Proffitt brought the resolution to the June 17 agenda, but was not in attendance of the meeting. School Board President Criste Freymond was also not in attendance. April Nitsos spoke on behalf of Freymond who expressed concerns for women playing against men due to an experience her daughter had in high school. Her daughter was on the Lincoln High School coed wrestling team before the team was split by gender. Freymond's statement said her daughter often came home with bruises and cuts when on the coed team. She said it was heartbreaking to watch as a parent. "Thankfully, the following year, the school established an all girls at Lincoln, provided a much more appropriate and safe environment for her and other female athletes. This experience reinforced my belief in the importance of maintaining a fair and secure opportunity to biological girls in sports." Nitsos agreed, stating women-only sports teams are the result of decades of hard fought progress toward fairness, opportunity and recognition of female advocates. She stated those spaces are where women can compete on equal footing, develop leadership skills and inspire generations to come. Nitsos explained cisgender females cannot compare to transgender females physically. "Physiological differences between sexes, such as average muscle masses, bone density and cardiovascular performance, can create advantages in certain contexts. That's why women-only categories were established to ensure female athletes have a fair and meaningful chance to succeed free from apparent physical disadvantages," she shared. Nitsos said this is not about denying anyone's identity or humanity but ensuring there is fair competition for biological girls. "It is about recognizing the material reality of sports, where fractions of a second or inches in reach can determine outcomes, and where biological sex can significantly influence performance," she explained. "Ensuring women's sports remain exclusive to those born female is a necessary guardrail to preserve decades of hard won progress." Nitsos shared that she agrees with the resolution, and wishes the board could do more in this national argument to ensure they are keeping their pledge to the U.S. constitution as a board member. Board Member George Dykstra told Nitsos she will have to let them know what they can do further. Nitsos said she would like the board to not just send a resolution to the governor but to ban transgender participation in sports from the district. She shared that would depend on what happens at the national level and that they need to be careful due to the way the district receives fundings. Dykstra shared a statement from Board Member Proffitt for the record. "I support this resolution protecting biological girls in sports and spaces to ensure fair competition and safeguard the integrity of women's sports, it is essential to uphold the biological distinctions, to maintain a level, level playing field and preserve opportunities for female athletes," the statement said. After reading Profitt's statement, Dykstra said his statement is "I support common sense." Board Member Jason Price said his stance is hard for him. He has daughters and believes that protection for women are important, but he wonders what approving a resolution like this says to their LGBTQ students. Price also questioned if the resolution's topic is a problem in their district. "I feel like it's a very big conversation that affects very small population," he stated. He shared that the resolution feels like jumping into a fight that isn't specific to the district. WPUSD Superintendent Kerry Callahan said CIF looks to the school districts it serves to receive feedback on this topic. "They are looking for direction. And I think that feedback one way or another, from districts as to where they stand is helpful feedback for them as they work to try and get some answers from the state and federal government," she stated. Nitsos pointed out that CIF will give out first place to both transgender athletes and cisgender athletes. "Where everyone's a winner, no one's a winner," she stated. Nitsos also shared that she is with Dykstra, that "common sense has to rule the day." Nitsos moved to approve the action, with Dykstra seconding it when Price interrupted to discuss about the topic more before a final vote. He asked the Superintendent more about her comment on direction from the district. She shared it is part of the board's role to advocate. Price shared it is also the role of the board to advocate for their LGBTQ students. "I just want to remind the board that we have been asked by our our LGBTQ+ community to advocate for them as well. They are also students of ours, so that that's why you see this pause," he explained. "I mean, it's like, what is this saying to that group of people that find themselves without a vast majority. As they now navigate a real difficult portion of their life, I'm just trying to be a little bit...I'm trying to zoom out a tiny bit." Nitsos responded that biological women are looking to them to advocate for them. "I get that too, but we also have a bunch of women who are looking to us to give them back their sports. You're in a lose-lose situation," she said. She also expressed that the biological women are the majority. "We have forgotten the majority because a lot of these laws focus on the minority. I'm not saying that they're not important, but what I'm saying is we've lost focus when women are asked, in this case, to allow biological males into their sports they have no chance," she stated. "We've seen that over and over again in results of these sports, where men have gone and become top 20 in a male sport, and then they're identified as a woman, and they dominate." She also shared that transgender men don't join male sports. The result The vote was passed 3-0, with two members absent from the meeting. The resolution states Title IX "has played a critical role in expanding opportunities for female athletes, promoting fair competition, and increasing access to scholarships and other advancements and whereas, biological differences between male and female athletes can inherent advantages in competitive sports, particularly in categories designated specifically for girls." It also states CIF has a responsibility in governing interscholastic athletics and must follow principles of fairness, safety and equal opportunities for female athletes in regard to Title IX. The resolution will be sent to the Governor of California, the California State Legislature, the California Department of Education and the CIF.