New rule protecting transgender students is on hold at these NC schools. Here’s why.
More than 200 North Carolina public schools are exempt from a new federal rule meant to expand discrimination protections for transgender students.
Earlier this month, a federal judge in Kansas issued a preliminary injunction preventing the Biden Administration from enforcing a new rule that bans discrimination in schools based on sexual orientation or gender identity. The injunction covers any school in the nation that has members of Moms for Liberty and two other groups who are opposing the rule change.
Moms for Liberty announced Monday it had submitted to the court a list of more than 2,000 schools in 45 states. The list includes 205 North Carolina schools, including 54 in Wake County.
The conservative group opposes what it calls indoctrination of students by schools. Last year, the Southern Poverty Law Center labeled Moms for Liberty as an “anti-government extremist group.”
Injunction covers some NC schools
The new rule from the U.S. Department of Education expands sexual discrimination protections for LGBTQ+ students. The rule broadens the scope of Title IX, the landmark 1972 law that prohibited sex discrimination in educational programs with federal funding, The News & Observer previously reported.
School districts across the nation, including Wake County, have updated policies to comply with the change before it goes into effect Thursday, Aug. 1.
“Our agency has not issued guidance on Title IX before, as implementation lies with the districts,” said Blair Rhoades, a spokesperson for the state Department of Public Instruction. “We have encouraged districts to work with their legal counsel on next steps as we know there is ongoing litigation around the matter.”
The litigation has resulted in multiple federal judges blocking enforcement of the new rule in 21 states, The Associated Press reported.
North Carolina is not among those 21 states. But some individual North Carolina schools are covered by a July 2 injunction issued by U.S. District Court Judge John Broomes, who was appointed by former President Donald Trump.
Broomes’ injunction covered schools attended by members of Moms for Liberty. the Young America’s Foundation and Female Athletes United. Broomes gave Moms for Liberty until last Friday to submit a list of schools attended by children of its members.
Broomes rejected Moms for Liberty’s request to cover every school in a county attended by its members.
The injunction remains in effect unless it’s lifted by Broomes or a higher court.
Schools exempt from rule change
Representation on the North Carolina list varies widely. While Wake County has more than 50 schools listed, only two district schools each are listed in Charlotte-Mecklenburg and Johnston County.
The Wake County school board was told July 16 by attorney David Noland that the U.S. Department of Education will be prevented from enforcing the new rule at any school listed in the injunction.
There are no Durham schools. But multiple schools are listed in districts such as Iredell-Statesville, Chapel Hill-Carrboro, Orange County and Chatham County.
The district is aware of the ruling and still working with the board attorney on the matter, according to Kevin Smith, a spokesperson for Orange County Schools.
Despite the injunction, Andy Jenks, a Chapel Hill-Carrboro spokesperson, said district policy already has protections based on sexual orientation and gender.
The 205 schools currently listed represent a small number of the more than 2,500 public schools statewide.
But the list could grow because Broomes allowed Moms for Liberty to continue adding schools. Broomes rejected the Biden Administration’s request to only allow schools of people who were members of the group as of July 2.
Impact on bathrooms and sports
Republican officials seeking to roll back transgender rights have framed the issue as protecting the privacy and safety of girls and women in bathrooms and locker rooms, according to the AP.
The rule change doesn’t specifically cover athletics. But critics have argued the rule is a ruse to allow transgender females to play on girls’ and women’s sports teams, according to the AP.
During the heated Wake County school board debate, board chair Chris Heagarty said the new rule would not overrule a new state law that requires athletes to play on the school team that matches their biological sex.
School administrators also said it’s the “law of the land” in North Carolina that transgender students can use their preferred restroom based on a 2020 ruling from the U.S. 4th Circuit Court of Appeals. The 4th Circuit covers North Carolina.
Database editor David Raynor contributed to this report.
This story was originally published July 30, 2024 at 5:55 AM with the headline "New rule protecting transgender students is on hold at these NC schools. Here’s why.."
