Ed Dept.: Calif. Violated Title IX With Trans Competition

The California Department of Education (CDE) and the California Interscholastic Federation (CIF) were both found to be in "clear violation" of Title IX for allowing transgender athletes to compete in girls' and women's sports, the Department of Education's Office for Civil Rights announced on Wednesday.

The ruling came weeks after transgender track and field athlete AB Hernandez won medals in high school girls' events at the California state championships, sparking nationwide outrage. It also came four months after President Donald Trump signed the "Keeping Men Out of Women's Sports" executive order, which barred transgender athletes from competing against biological women and girls.

"Although Governor Gavin Newsom admitted months ago it was 'deeply unfair' to allow men to compete in women's sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes' well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions," Education Secretary Linda McMahon said in a statement.

"The Trump Administration will relentlessly enforce Title IX protections for women and girls, and our findings today make clear that California has failed to adhere to its obligations under federal law," she continued. "The state must swiftly come into compliance with Title IX or face the consequences that follow."

According to the Education Department, the CDE and the CIF will have 10 days to agree to the agency's proposed resolution agreement or risk having the matter referred to the Department of Justice.

The proposed agreement includes the following provisions:

"The CDE will issue a Notice to all recipients of federal funding (Recipients) that operate interscholastic athletic programs in California requiring them to comply with Title IX. This will specify that Title IX and its implementing regulations forbids schools from allowing males from participating in female sports and from occupying female intimate facilities, and that Recipients must adopt biology-based definitions of the words 'male' and 'female.'"
"The CDE will issue a Notice advising Recipients that any interpretation of California state law conflicting with the Department's Resolution Agreement is preempted by federal law under Title IX."
"The CDE and CIF will rescind any guidance that advised local school districts or CIF members to permit male athletes to participate in women's and girls' sports to reflect that Title IX preempts state law when state law conflicts with Title IX."
"CDE will require all Recipients, including CIF, to restore to female athletes all individual records, titles, and awards misappropriated by male athletes competing in female competitions."
"To each female athlete to whom an individual recognition is restored, CDE will send a personalized letter apologizing on behalf of the state of California for allowing her educational experience to be marred by sex discrimination."
"The CDE will require each Recipient and CIF to submit to CDE an annual certification that the Recipient and CIF have complied with Title IX. Accordingly, CDE will also propose to OCR a Monitoring Plan to ensure that Recipients are fully complying with Title IX."

Title IX of the Education Amendments of 1972 requires that schools ensure equal opportunities for girls, including in athletics.

In a statement to Fox News, former NCAA swimmer Riley Gaines hailed the Education Department's decision as a "long-overdue victory for women and girls." Gaines has become a fierce defender of women's sports after her experience competing against transgender swimmer Lia Thomas.

"California knowingly violated Title IX, and the Department of Education is right to hold them accountable," Gaines said. "Restoring titles, records and dignity to female athletes is just the beginning.

"I applaud Secretary McMahon and the Trump administration for standing up for women and girls everywhere," she added. "I hope more blue states are next."