By Matthew Holloway |
The Dysart Unified School District Governing Board voted unanimously to reject a recent Executive Order from President Joe Biden imposing new Title IX rules on schools via the US Department of Education. The new rules would, among other impacts, redefine “sex” to include “gender identity,” therefore requiring schools to reject biological sex in favor of how a student chooses to present themselves. The new rules released on April 19, 2024, are currently enjoined by federal court orders in 15 states, preventing enforcement, but as of this report are still applicable in Arizona.
Dysart Unified School District Governing Board President Dawn Densmore told reporters from the Arizona Daily Independent on Sunday, “The resolution I created in response to President Biden’s Executive Order and the United States Department of Education was adopted by unanimous vote at our meeting on July 11th.”
She added, “It’s an honor to lead the way in efforts to protect children and our faith communities from this government overreach.”
A Louisiana Federal District court in June found that the new Title IX rules constitute a significant federal overreach with Ogletree Deakins noting from the ruling:
- “The Department exceeded its statutory authority under Title IX by redefining ‘sex’ to include ‘gender identity.’ The court found that based on the plain text and legislative history of Title IX, ‘sex’ was intended to refer to biological sex, not gender identity.
- The new rules raise First Amendment concerns by potentially compelling speech, such as requiring teachers to use students’ preferred pronouns, even if doing so conflicts with their religious beliefs, and engaging in viewpoint discrimination.
- The Department’s rulemaking was arbitrary and capricious. The Department failed to provide a reasoned explanation for departing from long-standing interpretations of ‘sex,’ left regulations in place that conflict with the new ‘gender identity’ mandate, and failed to adequately address safety concerns raised in public comments.”
In response Densmore told the Independent that the Dysart Unified School District Governing Board:
- “Will not demand that parents or guardians compel the speech of their minor children, or the First Amendment rights of our staff in a way that contradicts their family values or religious freedoms
- Already has current discrimination policies in place which protect every student, staff member and job applicants
- Is committed — while not adopting the Title IX expansion — to honoring the original intent of Title IX, our U.S. Constitution, and the Constitution of the State of Arizona
- Is committed to empowering parental involvement in education and minimizing public monies to be used to promulgate obtuse overreach into our schools.”
Arizona Women of Action shared the resolution via X on July 11 commenting, “This model conservative school board needs support.”
The board resolved in part: “WHEREAS, the Dysart Governing Board is committed to empowering parental involvement in education and minimizing public monies to be used to promulgate obtuse overreach into our local school district and criminalizing innocent children, or the people of the varying faiths that commonly and firmly believe in truth, such as a Creator of two distinct and wonderfully made sexes, and;
BE IT RESOLVED that the Dysart Unified School Governing Board has determined:
1. The United States Department of Education has created a Final Regulation which is contrary to the plain language of Title IX
2. The Governing Board, deriving authority from the Arizona Constitution, Arizona statutes and the regulations of the Arizona Administrative Code, strongly urge the Arizona State Legislature to further codify our state statutes to ensure our children are protected from the political weaponization of government, which would infringe on both federal and state constitutional rights.”
According to the Arizona Republic, the board of the Dysart Unified School District was also to receive legal guidance on the “legal process for challenging” the regulatory change.
AZ Free News has contacted Densmore and asked for the next steps the board is preparing to take and will provide an update when received.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.