AFA of PA ACTION ALERT

February 22, 2018

Issue

Thank Secretary of Education Betsy DeVos

Details

Title IX states: “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.”

As we all know, Obama’s Department of Education DOE tried to expand the definition of “sex” within Title IX to include “gender identity,” even to the point of issuing a directive in May 2016   to every school in the nation with their new “revelation”  that schools must now allow gender confused students to use the bathroom, locker and shower rooms of their preferred sex.

Of course, this directive totally ignored what it also says on page 86 of the US Department of Justice Office of Civil Rights Manual:  Under the Title IX common rule, recipients of federal financial assistance must not discriminate in providing facilities on the basis of sex. A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex. However, such facilities provided to one sex must be comparable to the facilities provided to the other sex. 65 Fed. Reg. at 52871.

One of the first things that President Trump had his Department of Education do last year was to rescind this awful directive.   Recently when asked if restroom complaints from transgender students are not covered under Title IX, spokesperson Liz Hill said, “Yes, that’s what the law says.  Title IX prohibits discrimination on the basis of sex, not gender identity.”  Noting that, ” . . . long-standing regulations provide that separating facilities on the basis of sex is not a form of discrimination prohibited by Title IX.”

Action Steps

Contact Secretary of Education Betsy DeVos.  Thank her for  correctly interpreting Title IX and the decision not to investigate bathroom complaints by ‘transgender’ students.  Her Twitter handle is @BetsyDeVosED      Click here to send her an email or call her at  1-800-872-5327.  Don’t worry they speak English, Spanish and more than 170 languages!

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