Del. Jason Ballard
Virginia General Assembly
Back in May, I wrote an article regarding the U.S. Department of Education’s (DOE) investigation into policies at five Northern Virginia school divisions that allow student access to bathrooms and locker rooms based on gender identity versus biological sex. The verdict from the DOE is in: all five of these school divisions have indeed enacted and enforced policies that violate Title IX of the Education Amendments Act of 1972.
The law holds that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” The DOE’s Office of Civil Rights found that Alexandria City, Arlington, Fairfax County, Loudoun County and Prince William County are in violation of Title IX for allowing students to access sex-segregated bathrooms and locker rooms based on gender identity rather that biological sex. The Office of Civil Rights determined that these policies do indeed discriminate on the basis of sex under Title IX.
The policies have led to female students avoiding restrooms, witnessing inappropriate behavior, and being forced to change in front of male students. In response, the Office of Civil Rights has issued proposed Resolution Agreements that must be followed in order for these five school districts to be brought back into compliance. They include: rescinding gender identity-based access policies, instructing schools to adopt sex-based separation in intimate facilities moving forward, and defining “male” and “female” based on biological sex in all Title IX-related policies.
The school districts in question have 10 days to accept the resolution or face enforcement action, including referral to the U.S. Department of Justice. Federal funding could also be at risk if these school divisions remain noncompliant.
Title IX was meant to protect women, not erase their rights. If a 14-year-old girl has to change clothes for gym class, she should not be forced to do it next to a biological male. This is not just a policy correction – it is a victory for safety, fairness, and the rule of law. I am happy to see that federal law is finally catching up to common sense on this issue.
As the Delegate representing the 42nd House District in the Virginia General Assembly, your concerns are my greatest priority. If ever I may be of assistance to you and your family, please do not hesitate to reach out to me at DelJBallard@House.Virginia.Gov. You can also follow me on Twitter @JasonBallardVA or like my Facebook page, Jason Ballard for Delegate, to keep up to date with what I am doing in Richmond and in our community on your behalf.
