Florida education department says it will 'fight' new federal rules on gender identity

Ana Goñi-Lessan, Tallahassee Democrat

The head of the Florida Department of Education said the state will fight the federal government's new interpretation of the civil-rights law known as Title IX because of its expansion of protections based on gender identity, according to a recent memo.

Education Commissioner Manny Diaz Jr., at Gov. Ron DeSantis' direction, warned superintendents and school districts to hold off on putting any changes into practice. Florida joins other states, including Louisiana and Oklahoma, in opposing the feds' new regulations.

“Florida will fight this,” Diaz wrote on Friday, referring to the updates related to Title IX, a civil-rights law prohibiting discrimination on the basis of sex in any educational program or activity that receives federal funding.

"The Biden Administration maims the statute beyond recognition in an attempt to gaslight the country into believing that biological sex no longer has any meaning," he added.

Education Commissioner Manny Diaz talks with his peers during the opening day of the 2023 Florida Legislative Session, Tuesday, March 7, 2023.
Education Commissioner Manny Diaz talks with his peers during the opening day of the 2023 Florida Legislative Session, Tuesday, March 7, 2023.

In response to a reporter's request for comment, the governor's press secretary, Jeremy Redfern, pointed to a video the governor posted on the social media platform X on Feb. 14.

In the video, DeSantis called the new regulations a "radical rewrite" and said the rule would "impose gender ideology on K-12 schools all across the country."

Title IX and trans advocacy

More specifically, Title IX bans sex discrimination against students, employees and others at public schools, colleges and universities that receive federal funding. The new regulations guarantee LGBTQ students protection under the law if they are discriminated against based on their gender identity or sexual orientation.

In Florida, DeSantis and Republican lawmakers have passed a slew of laws targeting trans people and the LGBTQ community. In recent years, Republicans have pushed for laws that criminalize trans people for using the bathroom that corresponds with their gender identity and have restricted health care for trans people.

The state also has banned transgender girls from playing on girls' sports teams.

More than 100 people gathered in front of the Westcott Building on Florida State University's campus to protest the DeSantis administration's "attack" on the LGBTQ+ and Black, Indigenous and People of Color (BIPOC) communities on Thursday, Feb. 23, 2023.
More than 100 people gathered in front of the Westcott Building on Florida State University's campus to protest the DeSantis administration's "attack" on the LGBTQ+ and Black, Indigenous and People of Color (BIPOC) communities on Thursday, Feb. 23, 2023.

The Biden administration's new rules did not address whether transgender and nonbinary students can participate on the sports teams that align with their gender.

Diaz wrote in the memo that complying with the new rules would force the state to violate federal and state laws, including the First Amendment, the Parental Rights in Education Act and statutes that protect students' privacy in locker rooms and bathrooms.

The Parental Rights in Education Act, termed "Don't Say Gay" by its critics, generally banned the instruction of sexual orientation and gender identity in public schools. The measure also led to the removal of books from classroom and library shelves that contained gay characters or themes; school districts feared running afoul of the law if a child was exposed to materials without parental consent.

Students protest HB 1557, also known as the "Don't Say Gay" bill by critics, outside the House chamber in the Florida Capitol on Thursday afternoon.
Students protest HB 1557, also known as the "Don't Say Gay" bill by critics, outside the House chamber in the Florida Capitol on Thursday afternoon.

School districts interpreted the guidance in wildly varying ways, leading some to pull hundreds of titles out of fear of potential penalties, and others to pull none. A national free speech advocacy group ranked Florida No.1 in “book bans,” a much-debated term to describe books pulled from library and classroom shelves in public schools.

DeSantis vs. Biden

This isn't the first time Florida's state government has fought President Biden's administration. Recently, Attorney General Ashley Moody filed a lawsuit against Biden's SAVE Plan, a student loan repayment plan.

"We will fight in court to make sure that hard-working Americans, who are struggling to buy groceries thanks to Biden, are not on the hook for other people’s debt," Moody said.

Hillsborough Community College in Tampa, Florida was the campaign stop the 46th American President and 2024 Presidential candidate Joe Biden Tuesday afternoon, April 23, 2024.
Hillsborough Community College in Tampa, Florida was the campaign stop the 46th American President and 2024 Presidential candidate Joe Biden Tuesday afternoon, April 23, 2024.

In the DOE memo, Diaz said that as legal challenges are filed, he will update superintendents and school districts with guidance on how to implement the new Title IX rules.

"In Florida, we respect parents' rights to direct their children's education. We protect our students' safety and privacy. And we make sure every student is given the chance to thrive on and off campus. We will keep pressing to accomplish these goals," Diaz wrote.

Ana Goñi-Lessan is the State Watchdog Reporter for USA TODAY - Florida and can be reached at AGoniLessan@tallahassee.com.

This article originally appeared on Tallahassee Democrat: Florida education agency will 'fight' new Title IX rules on gender

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