Louisiana's top education official instructed schools on Monday to disregard new Title IX rules released by the Biden administration. The official warned that extending the civil rights law's protections to transgender students might conflict with existing state and federal laws.
The Education Department recently issued a final set of significant changes to Title IX, which prohibits discrimination based on sex at federally funded schools. issued a final set of sweeping changes to Title IX — which prohibits sex-based discrimination at federally funded schools — including an expanded definition of sex discrimination that includes sexual orientation and gender identity.
The new rules, which are set to take effect Aug. 1, drew immediate criticism from Republicans, who criticized the transgender student protections in the proposal as an attack on women’s rights.
In a letter sent Monday to school system leaders and board members, Cade Brumley, Louisiana’s superintendent of education, said the new Title IX rules likely conflict with Louisiana law, and schools “should not alter policies or procedures at this time.”
The new regulations seem to clash with a 2022 state law that prohibits transgender student-athletes from competing on sports teams that match their gender identity, Brumley wrote in the letter, a copy of which was shared with The Hill.
The Biden administration has yet to finalize a separate rule that would prevent schools from implementing policies that categorically ban transgender athletes from competing according to their gender identity. However, Brumley still anticipates the administration to use the rules finalized this month to prevent states from enforcing bans on transgender athletes.
“You can rest assured that they have the full intent of this applying completely to athletics moving forward,” Brumley said on a phone call from his office in Baton Rouge.
Including Louisiana, 24 states have passed laws preventing transgender student-athletes from competing on sports teams consistent with their gender identity.
Brumley added that the new regulations may infringe on individuals’ First Amendment rights by requiring them to use a transgender person’s name and pronouns. A bill advanced by the Louisiana House this month would prevent schools from mandating staff to use transgender students’ names or pronouns without written consent from their parents.
Another proposal would bar transgender students from using school restrooms and locker rooms that align with their gender identity. A senior Biden administration official said such laws could violate the new Title IX rules if they create a hostile environment for students.
The Education Department did not immediately return a request for comment on Brumley’s letter.
Brumley said Monday schools should not undergo the arduous process of overhauling their Title IX policies because the new rules will inevitably end up in court. Conservative organizations, including the Christian legal powerhouse Alliance Defending Freedom, have already threatened to sue the Biden administration over the changes.
Louisiana is also “exploring options” to challenge the law, Brumley said. The new rules are still being reviewed by the Louisiana Department of Education, the governor’s office and the state attorney general.
Brumley said that all choices are being considered.
Republican state leaders have united around efforts to stop the Biden administration's adjustments to Title IX since the proposed changes were introduced in 2022. That year, Florida Education Commissioner Manny Diaz Jr. similarly directed local education officials to disregard the regulations.
In May, a group of 25 Republican governors criticized the administration's proposal as "a blatant overreach."
