Parent group sues Biden admin for records related to Title IX, gender identity issues

WASHINGTON (CITC) — A parents' rights group is suing the U.S. Department of Education (DOE) for allegedly withholding records pertaining to its work on Title IX and gender identity issues.

Parents Defending Education (PDE) claims it submitted a public records request to DOE in July 2022 for "all correspondence" between the department and "several progressive organizations" regarding the topics. Terms the parent group singled out in its request allegedly included "Title IX," "gender-affirming" and "gender support plan."

PDE told Crisis in the Classroom (CITC) it was seeking documentation of any polices that "may implicate parental rights."

In the complaint filed Wednesday, PDE claims DOE has yet to produce any records or provide reasons for withholding any. The lawsuit points to public records laws stating if federal agencies do not respond to requests within required time periods, “the requester may bring suit directly in federal district court."

“The Biden administration is on the verge of rewriting a major civil rights law, which will sacrifice the First Amendment and the sanctity of single-sex spaces on the altar of ‘sexual orientation and gender identity,'" PDE president and founder Nicole Neily told CITC. "The public deserves transparency about the extent to which ideological activists like George Soros influenced Title IX over the objections of hundreds of thousands of Americans, which is why we decided to escalate this request.”

A spokesperson for DOE told CITC the department "cannot comment on pending litigation."

READ MORE | GOP probes Biden admin's Title IX rewrite: 'Harm the women [it] was designed to protect'

“The Biden-Harris Administration is committed to the promise of Title IX and ensuring all students are guaranteed an education environment free from discrimination on the basis of sex," the spokesperson said.

The Biden administration is expected to finalize its proposed changes to Title IX in March. DOE announced its initial proposals on the 50th anniversary of Title IX in 2022, expanding protections under the law to transgender students. Under the current proposals, public schools would be prohibited from implementing outright bans on athletes competing in sports based on gender identity.

In November, House Republicans launched an investigation into the Biden administration's proposed rewrite, claiming outside groups may have influenced the decision to place a new emphasis on gender identity.

Rep. Lisa McClain, R-Mich., and Rep. Virginia Foxx, R-N.C., the leaders of the probe, argued the adjustment would "harm the women that Title IX was designed to protect." The two congresswomen also demanded DOE produce documents related to its communications with "external organizations" on the law.

"By redefining 'sex discrimination' to include 'gender identity,' the proposed regulations ... will effectively wipe out female-only sports and spaces in every federally funded school," the congresswomen wrote to U.S. Secretary of Education Miguel Cardona in November.

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