HOUSTON – Spring Branch ISD will vote on a resolution Monday where they deem President Joe Biden’s change to Title IX as ‘unlawful’ while asking state lawmakers for more funding.
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Title IX enacted in 1972 is a civil rights law that prohibits sex-based discrimination in schools or education programs that receive federal funding. The Biden administration’s new regulations are set to go into effect August 1 making clear that Title IX also prohibits discrimination based on gender identity of sexual orientation.
The resolution of the board of trustees will vote on states the district “will be forced to choose between complying with Texas law protecting girls’ sports or risking SBISD’s federal funding,” adding “proposed penalties for non-compliance, including the withholding of federal funds, will prove detrimental to SBISD’s entire student body, as approximately $56 million of all SBISD’s annual budget is comprised of federal funding.”
KPRC 2′s Rilwan Balogun requested an interview with someone in the district or board, but none were available.
Nathalie Herpin, a Spring Branch ISD parent and president of political action committee ‘Families for Every Child,’ suggests the district is playing a political game.
“We don’t have 56 million to lose,” Herpin said. “That will absolutely destroy the district. I’m not sure this is a game that I necessarily think is appropriate to play with the federal government.”
“You’re saying this may be a game. The district is saying they’re just trying to comply with the Biden administration changing the federal Title IX and the state laws,” Balogun asked Herpin.
“I think you have to take a look at what the potential consequences are because there’s different directives. There’s the federal government stating non-discrimination laws require this and the state government saying this,” Herpin said. “The potential consequences of defying federal law would be the loss of 56 million dollars. The potential consequences of defying Abbott’s decree from the TEA (Texas Education Agency) is nothing, that I’ve been able to find. So, why would a district choose to potentially lose $56 million over losing nothing.”
This academic year Spring Branch ISD shared with the public several cost saving efforts as they faced a $35 million budget deficit for 2024-2025 school year. The board voted to close two schools, end a charter program, and let go several positions.
As part of the resolution, the board asks state lawmakers to make them financially whole if the Department of Education penalizes them.
“The SBISD Board of Trustees calls upon Governor Abbott and the Texas Legislature to commit to all Texas school districts, including SBISD, that the State of Texas will allocate funding to Texas school districts in an amount equal to the federal funding lost for complying with the Governor’s mandate to ignore the Final Rule’s changes to Title IX and to continue complying with State of Texas law,” the resolution reads.
“It’s not going to be possible to maintain a Spring Branch ISD if we have to lose another 56 million dollars,” Herpin said.
“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination,” said U.S. Secretary of Education Miguel Cardona in an April press release. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”
Last year, Attorney General Ken Paxton sued the Department of Education over the expansion of Title IX. June 11, 2024, a federal judge sided with Paxton by saying the Biden administration improperly attempted to rewrite the federal law. The guidance, which is not legally binding, said schools could be denied federal funding for discriminating against students based on their gender identity or sexual orientation, such as by requiring students to use bathrooms and other facilities that correspond to the sex they were assigned at birth.
In a press release, Paxton said the judge’s ruling prevents the Department of Education from punishing districts who don’t comply with feds by holding funds.
“This ruling covers all Texas school districts and ensures no district in our State will have to comply with the Biden Administration’s illegitimate interpretation that Title IX includes gender-identity requirements, including allowing men into women’s restrooms, locker rooms, sports teams, or requiring students or teachers to use pronouns based on gender identity rather than biological sex,” Paxton said in an advisory. “And if any Texas school district adopts a policy or procedure that conflicts with or contravenes state law, then I will pursue every remedy available to protect students and teachers from these illegal and radical policies.”
Founder of transgender advocacy group, ‘Parents of Trans Youth’ Mandy Giles said if the resolution passes it could impact LGBT+ students’ mental health.
“It’s just one more strike against them saying that the district does not care about the well-being of LGBTQ and specifically transgender students. It’s just saying that they don’t matter to this district,” Giles said.
