Arizona Superintendent Tom Horne advised the K-12 community that Title IX doesn’t have any language forcing schools to obey gender ideology concerning policy on restroom, locker room, and shower facility usage.
The superintendent issued the remarks on Thursday in a brief guidance memo from the Arizona Department of Education (ADE). Horne explained that the current Title IX law only prohibits discrimination on the basis of sex, not gender identity. The Biden administration proposed a rule change to Title IX in 2021 that would expand the longstanding 1972 definition to include gender identity and sexual orientation, followed by a formal proposal by the Education Department last year, but that rule change has not yet been put into effect.
“Under the current Title IX, there is no language that compels schools to permit biological boys to use girls’ bathrooms, locker rooms or shower areas,” stated Horne. “The Biden administration has proposed changes to Title IX that might allow for this, but this proposal has no force of law until it is ruled on by the courts, which has not occurred.”
Superintendent Horne encourages all schools to enact policies that don't allow biological boys in girls' restrooms, locker rooms, or showers. pic.twitter.com/BLTTF1wwPV
— Arizona Department of Education (@azedschools) August 17, 2023
The Biden administration announced it would publish the final Title IX rule in October.
ADE advised schools to not implement policy allowing gender identity to dictate restroom, locker room, or shower facility access, mainly referring to the ability for males to access traditionally female spaces. ADE warned that males could still be held accountable for impropriety, regardless of ideology.
“Biological boys who expose themselves to girls could be violating indecent exposure laws and subject to arrest,” said ADE. “Schools can provide separate facilities — even small ones that are open to either gender — that meet the needs of transgender students without compromising the dignity of others.”
Horne explained further that he’s received numerous complaints from parents about schools permitting biological males to use private facilities intended originally and exclusively for females. Upset parents have reportedly told Horne they may leave schools permissive of gender ideologies. Rather than dissuade this type of thinking, Horne encouraged parents to exercise their right of school choice, possible through the universalized Empowerment Scholarship Account (ESA) Program.
“[T]hey are considering removing their daughter from schools that allow this,” said Horne. “In Arizona, they certainly have multiple school options from which to choose.”
Superintendent Horne encourages all schools to enact policies that don't allow biological boys in girls' restrooms, locker rooms, or showers. pic.twitter.com/BLTTF1wwPV
— Arizona Department of Education (@azedschools) August 17, 2023
State Rep. Nancy Gutierrez (D-LD18), minority whip, said the guidance was “dangerous” and violates federal law.
This is not ok. In fact, it’s very dangerous that our Superintendent of Public Instruction is pushing an agenda that is discriminatory and against the law. Students need to feel safe. Targeting certain students and using inflammatory language is dangerous. @ld18dems@AZHouseDemspic.twitter.com/ML4ZGZ6W1l
— Representative Nancy Gutierrez (@nancygforAZ) August 17, 2023
In June, the Ninth District Circuit Court ruled that discrimination based on perceived sexual orientation qualifies as sex-based discrimination under Title IX.
Title IX affects more than just bathroom, locker room, and shower area usage. It also applies to sports, something which progressive activists are also fighting to reform. Two families sued the state over its law banning biological boys from competing in girls’ sports.
New lawsuit challenging Arizona's ban on transgender athletes in K-12 sports claims that transgenderism is a trait, not a state of mind. pic.twitter.com/E7NgDgh01W
Despite the legal battles over Title IX not yet settled, Arizona’s K-12 public school boards have been taking initiative by adopting policy that would align with the expanded Biden administration version of Title IX. Last September, for example, one of the state’s top charter school chains, Legacy Traditional Schools, permitted gender identity to dictate bathroom usage.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The reactions from Arizona’s politicians reflect the greater divide along party lines, with Democrats hailing the latest indictment of former President Donald Trump and Republicans criticizing it.
On Monday, a grand jury in Georgia indicted Trump in the Fulton County Superior Court, listing 41 counts against the former president:
violation of the Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act;
solicitation of violation of oath by a public officer (six counts);
false statements and writings (11 counts);
impersonating a public officer;
conspiracy to commit impersonating a public officer;
forgery in the first degree (two counts);
conspiracy to commit forgery in the first degree (two counts);
criminal attempt to commit false statements and writings;
conspiracy to commit false statements and writings (two counts);
conspiracy to commit solicitation of false statements and writings;
filing false documents;
criminal attempt to commit filing false documents;
conspiracy to commit filing false documents;
influencing witnesses;
criminal attempt to commit influencing witnesses (two counts);
conspiracy to commit election fraud (two counts);
conspiracy to commit computer theft;
conspiracy to commit computer trespass;
conspiracy to commit computer invasion of privacy;
conspiracy to defraud the state;
and perjury
Rep. Andy Biggs (R-AZ-05) called the indictment a “witch hunt.”
The congressman declared that the judicial system was weaponized against a former president for political reasons. “The American people see straight through these sham political weapons,” said Biggs.
Witch hunt.
The American people see straight through these sham political weapons. https://t.co/d4gmMO98Ym
Rep. Raúl Grijalva (D-AZ-07) took the opposite view. Grijalva said that this latest indictment proved the justice system is working as it should.
“These indictments are proof that our justice system is working, and the American people can see through Trump’s cons and lies for what they are – crimes,” said Grijalva.
These indictments are proof that our justice system is working, and the American people can see through Trump’s cons and lies for what they are – crimes. https://t.co/0YKfStCgZs
In an interview with “Pod Save America” on Monday, Rep. Ruben Gallego (D-AZ-03) said Trump represents a “threat to democracy” and expressed his gratitude that legal action has been taken against him.
Mira, listen!
Thanks, @PodSaveAmerica, for having me! Sat down with @tvietor08 to talk about the important issues to Arizonans and how we’re flipping this seat in 2024.
State Rep. Cory McGarr (R-LD17) criticized the use of Trump’s tweets (now called “posts” under the X rebranding by Elon Musk) as grounds for prosecution, equating Monday’s indictment to a third-world country proceeding. McGarr also reposted an X post from Florida Republican Rep. Matt Gaetz, who called the grand jury process “tainted and corrupt.”
“This is what low quality attorneys can accomplish in 3rd world countries where you prosecute political opponents,” posted McGarr.
This is what low quality attorneys can accomplish in 3rd world countries where you prosecute political opponents. https://t.co/h3pxeYAROk
Other Republicans simply pledged their allegiance to the former president. State Sen. Anthony Kern (R-LD27) reaffirmed his support for Trump as the 2024 GOP candidate.
Some of the acts listed in the Fulton County Superior Court indictment cited online speech as the basis for conspiracy, a charge echoing a recent precedent set by the case of Douglas Mackey, better known for his social media personality “Ricky Vaughn.” In March, a jury found Mackey guilty of voter suppression for his right-wing satirical tweets during the 2016 election; Mackey faces up to 10 years in prison. Mackey wasn’t arrested until Jan. 27, 2021: several weeks after the January 6 incident at the Capitol, and exactly one week after President Joe Biden’s inauguration.
Trump is under four indictments currently, all issued this year.
In March, a New York grand jury indicted the former president over alleged “hush money” payments to porn star Stormy Daniels prior to the 2016 election; in that case, People of the State of New York v. Trump, Trump faces 34 felony charges.
In June, a Florida grand jury indicted Trump and his personal aide and valet, Walt Nauta, over the handling of classified documents after his presidency; in that case, United States of America v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira, Trump faces 37 charges.
Earlier this month, a federal grand jury indicted Trump over his alleged participation in the January 6 incident at the Capitol and alleged attempt to overturn the 2020 election; in that case, United States of America v. Donald J. Trump, Trump faces four charges.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Rep. Ruben Gallego (D-AZ-03) called Republican Alabama Sen. Tommy Tuberville a “sh*thead” for preventing military promotions in opposition to paid time off (PTO) for female military members obtaining abortions.
Gallego issued the remarks in an interview with “Pod Save America,” a California-based progressive podcast hosted by former Obama aides Jon Lovett, Dan Pfeiffer, and Tommy Vietor.
“He’s a sh*thead,” said Gallego. “Tommy and his, you know, probably getting knocked too many times in the head, has decided to block a lot of the promotions of some of our top leaders. […] Tommy Tuberville just doesn’t understand that [we have the strongest military], he just snorts up Fox News information and tries to spit it out and doesn’t understand the real nuances of the military.”
🔊 Listen: @RepRubenGallego calls @SenTuberville a "shithead" for blocking military promotions over female servicemembers getting paid to get abortions. "[D]o you want to join a military that's not going to give you the freedom to travel should you need an abortion?" Also argued… pic.twitter.com/todoLISF5l
— Coach Tommy Tuberville (@SenTuberville) July 22, 2023
Gallego argued that abortions constituted a standard of military readiness.
“Women that need abortion care, and if they’re in a state that does not provide that, are now not going to be able to take paid time off, which we are giving them paid time off that they earned, to travel to a state to receive that abortion care, for whatever reason that is,” said Gallego. “If you’re a woman right now, do you want to join a military that’s not going to give you the freedom to travel should you need an abortion for whatever reason possible?”
Mira, listen!
Thanks, @PodSaveAmerica, for having me! Sat down with @tvietor08 to talk about the important issues to Arizonans and how we’re flipping this seat in 2024.
Gallego characterized abortions as a form of liberty. He further argued that racial and sexual diversity is a necessary component of the military. Gallego said that the military shouldn’t be intimidating to join.
“Making [the military] accepting and welcoming is going to be important for you to recruit them,” said Gallego.
Gallego further argued that Russia is losing the war to a “woke Ukrainian army.” Earlier this month, Ukraine’s Territorial Defense Forces named a transgender woman, Sarah Ashton-Cirillo, as their spokesman. Ashton-Cirillo, a former Nevada resident, first arrived in Ukraine last March to report on the war for LGBTQ Nation.
Premier of the Official Armed Forces of Ukraine Bucha War Crimes Documentary produced by the Territorial Defense Forces Media Studios:
Beyond the Peace.
It includes testimony witness testimony of Russian soldiers raping of Ukrainian children and Russian soldiers murdering… pic.twitter.com/23UqVWgPt5
Prior to leaving for Ukraine, Ashton-Cirillo infiltrated the Nevada GOP as a covert political operative from 2020 through 2021. Ashton-Cirillo’s reported goal was to write an investigative book on Republicans and help her friend, Democratic candidate Nadia Krall, get elected to local judgeship as a Republican. Krall won. Ashton-Cirillo then ran briefly for the Las Vegas City Council in 2021.
In Gallego’s interview, the congressman also remarked briefly on the indictments against former President Donald Trump, calling him a “threat to democracy.”
"We should be talking about the fact that [President Trump] is a threat to democracy" —Rep. @RubenGallego
This school year, Scottsdale Unified School District (SUSD) incorporated controversial RFID chip trackers in student and faculty ID badges.
The district approved the chips in a close 3-2 vote in late June. Board members Libby Hart-Wells, Zach Lindsay, and Julie Cieniawski approved the chips; Amy Carney and Carine Werner opposed them. The estimated cost of the chips totaled $125,000.
The chip went through a trial run at Coronado High School before being implemented districtwide. The district reportedly upgraded their ID software to enable the chip system over the last two years.
During the June meeting, the SUSD governing board counsel explained that the chips enable the district to track students when they get on and off the buses.
Carney asked why the chips were put in all student IDs, and not just bus riders. The SUSD Safety & Security team, which will oversee the program, explained that buses aren’t limited to designated bus riders: any students may board the buses if they’re attending the Boys & Girls Club, field trips, or extracurricular or athletic events.
The safety team reported that the IDs can’t be used to track daily attendance because they’re only linked to the district’s transportation software. However, the team didn’t guarantee that the chip technology wouldn’t be expanded to other uses such as attendance in the future. The RFID chips within staff badges have an extra feature: they enable access to school buildings.
SUSD reported that the RFID chip doesn’t store any personally identifiable information, and that no RFID readers were installed inside the school for the purpose of tracking a student’s location.
Director Joshua Friedman said that the RFID chip translates as a coded number within a closed system, and therefore doesn’t qualify as a digital ID. Friedman also noted that the RFID chip doesn’t work as an active GPS tracker, but a passive one: the chips only record a time and location when a student boards or disembarks from a school bus.
Board President Julie Cieniawski remarked in closing that she and the majority of SUSD leaders weren’t interested in “conspiracy theories” of using RFID technology for ulterior motives.
Some SUSD parents have expressed concern with the tracking capabilities of the RFID chips, namely the inability to opt-out from the technology and potential suspensions for tampering with the IDs by attempting to remove the chip.
🚨🚨@ScottsdaleUSD does it again! After 3-2 board vote, SUSD implements RFID chip cards without parental consent. Suspension if tampered with. No opt-in. No opt-out. pic.twitter.com/P5nCUTWHnr
— TheLegalProcess (v2.0 | Post-Election Ed) (@ALegalProcess) August 13, 2023
Former state lawmaker and SUSD teacher Michelle Ugenti-Rita wrote on Facebook that the RFID chips were an invasion of privacy.
“Have they never heard of ‘Find my iPhone?’ This is a complete invasion of privacy. Parents were never notified, or given the option to opt-in to the school district’s new government surveillance program,” said Ugenti-Rita. “What didn’t they learn from masking up our children during COVID? This is something our superintendent, Tom Horne, should investigate and the Legislature should ban when they convene next year.”
No opt-out exists for families who desire to forgo use of the chips. RFID, short for radio-frequency identification, is a technology that allows scanners to engage in automatic identification and data capture (AIDC). AIDC allows for computers to obtain data immediately without human involvement; other types of AIDC include QR codes and voice recognition technology.
During last week’s meeting, Superintendent Scott Menzel said that the chip readers enable the district to locate students using school transportation. Menzel reported that on the first day of school, three children didn’t arrive at their proper location. The superintendent reported that the ID system enabled them to locate them within five minutes, as opposed to 30 minutes or more.
In response to community pushback against the chips, SUSD issued a press release on Monday to further explain the RFID software.
“RFID is not a global positioning system (GPS) and has no tracking capability on its own. Like the RFID in your credit card and debit card, it only works when tapped. The district piloted this program last year and the Governing Board approved it,” stated SUSD. “The RFID in student ID cards is ONLY scanned so that the district’s Transportation department is able to account for those students who board and exit a bus.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Gov. Katie Hobbs had a major drafting error in last week’s emergency declaration over the summer heat: it expired weeks before its announcement.
It appears that the governor had the emergency declaration drafted for release on or around June 30, but opted to wait until after the state legislative session ended.
Congratulations to @katiehobbs for declaring a “heat” state of emergency today for a time period that expired before she declared it. Only @GovernorHobbs could do this. Did she forget to edit an old draft while waiting for the legislature to end? pic.twitter.com/AUBK7SSdnP
The timing of Hobbs’ emergency declaration further evoked curiosity when contrasted with the release of another breaking news story concerning the governor: emails revealing Hobbs’ years-long coordination with social media companies to control online speech.
🚨 Today Arizona Capitol Oversight is releasing exclusive emails from @KatieHobbs' office
The evidence of Hobbs’ cozy relationship with social media companies came out on Thursday. Late Friday evening, Hobbs issued her emergency declaration to address the summer heat, which she called “extreme.”
I declared a State of Emergency and signed an Executive Order to support heat relief efforts while addressing extreme heat moving forward. Arizona is resilient, and I will ensure we have the tools we need to stay safe and continue growing sustainably. https://t.co/I9ucza5qsI
In an interview with KJZZ, Hobbs called the revelation a “sideshow.” The governor didn’t deny allegations of maintaining unscrupulous relationships with major social media companies. Rather, Hobbs laughed off the discovery as a means for her desired ends: water conservation, public housing expansion, and public education growth.
“I’m glad we’ve solved water, the public housing crisis, and public education — and have time for this sideshow,” said Hobbs.
AUDIO →@KatieHobbs is dismissing revelations that she misused government resources to censor critics during her 2022 #AZGov campaign as a "sideshow." #AZLeg
This latest email trove revealing Hobbs’ coordination with social media companies prompted elected GOP leadership to take action. House Speaker Ben Toma announced the Ad Hoc Committee on Oversight, Accountability, and Big Tech.
The committee, led by State Rep. Alexander Kolodin (R-LD03) will review legal standards and issues concerning censorship arising from government working with social media, as well as conduct any relevant investigations into state officials and executive officers falling short of fulfilling their constitutional duties.
State Rep. Neal Carter (R-LD15) and a Democrat, yet to be announced, will also serve on the committee.
The committee will first convene on Sept. 5.
As of this report, the erroneous emergency declaration remains listed on the governor’s website.
In addition to the emergency declaration, Hobbs also issued an executive order directing:
the Governor’s Office of Resiliency to develop an Extreme Heat Preparedness Plan by March 1, 2024, propose legislation to counter heat, and administer $13.3 million in Infrastructure Investment and Jobs Act federal funding;
the Director of the Office of Strategic Planning and Budgeting to allocate an unspecified amount of financial resources to counter “extreme” heat;
the Director of the Arizona Department of Health Services to contribute to the Extreme Heat Preparedness Plan, compile data reports on heat-related issues and infrastructures such as emergency room visits and cooling centers, and create public awareness materials on heat;
the Director of the Department of Emergency and Military Affairs to contribute to the Extreme Heat Preparedness Plan with plans to coordinate resources and emergency response systems, and how to quantify and define heat-related emergencies;
the Director of the Arizona Department of Administration to contribute to the Extreme Heat Preparedness Plan by identifying state-owned assets and equipment that could be appropriated for heat relief efforts, staff state employees at cooling centers and heat relief efforts while receiving their regular duty pay, and amend the State of Arizona Accounting Manual to allow the purchase of heat relief-related supplies;
the Director of the Residential Utility Consumer Office to contribute to the Extreme Heat Preparedness Plan with plans to coordinate with utility companies and energy cooperatives on heat relief efforts;
the Director of the Department of Economic Security to contribute to the Extreme Heat Preparedness Plan with proposed improvements to the Low Income Home Energy Assistance Program;
the Director of the Department of Housing to contribute to the Extreme Heat Preparedness Plan with arguments on the importance of housing for all;
and the Director of the Industrial Commission of Arizona to contribute to the Extreme Heat Preparedness Plan with the results of their newly-created state emphasis program ensuring availability of water, rest, and shade in at-risk workplaces.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
