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.
On Monday, Arizona officials honored Navajo Code Talkers and their heroic contributions to the Allied efforts during World War II.
Governor Katie Hobbs tweeted, “Today on Navajo Code Talkers Day, we honor and recognize the service of those who gave our country a critical advantage in WWII. Their patriotism will forever be remembered, and I am proud to recognize them on this day.”
Today on Navajo Code Talkers Day, we honor and recognize the service of those who gave our country a critical advantage in WWII. Their patriotism will forever be remembered, and I am proud to recognize them on this day.
Representative Stacey Travers added, “So honored to attend today’s event. Their legacy and commitment to their service to our freedoms is in wavering (sic). Thank you to those few surviving and to everyone’s families for your service.”
Attorney General Kris Mayes wrote, “The unbreakable code that changed the war. The Navajo Code Talkers used their language in WWII to encode messages that the other side could not decipher. We will always appreciate their dedicated service.”
The unbreakable code that changed the war. The Navajo Code Talkers used their language in WWII to encode messages that the other side could not decipher. We will always appreciate their dedicated service. Read up on this chapter of history: https://t.co/NyGekd62EUpic.twitter.com/6u8xcHETSW
— AZ Attorney General Kris Mayes (@AZAGMayes) August 14, 2023
Former President Ronald Reagan first set aside August 14 as “Navajo Code Talkers Day” in 1982.
In World War I, the Allies used the Choctaw language to help send communications around enemy lines. According to information provided by the Central Intelligence Agency, “Germany and Japan sent students to the United States after World War I to study Native American languages and cultures, such as Cherokee, Choctaw, and Comanche.” American officials were reticent to copy that same playbook in World War II due to opposing nations catching on to the language and codes.
However, thanks to Philip Johnston, the U.S. Marine Corps proceeded with a plan to use the Navajo language for World War II. Twenty-nine Navajos were installed as the first Code Talkers for the war and developed a code that served as a perfect solution for the duration of the efforts. Approximately 400 Navajos would serve in this program throughout the war.
Navajo Nation President Buu Nygren recognized the significance of the day, tweeting, “They not only helped defeat an enemy on the battlefield, during World War II, but protected a sacred language and culture. We will never forget their contributions and sacrifice. We owe an incredible debt of gratitude to these heroes on National Navajo Code Talkers Day.”
They not only helped defeat an enemy on the battlefield, during World War II, but protected a sacred language and culture. We will never forget their contributions and sacrifice. We owe an incredible debt of gratitude to these heroes on National Navajo Code Talkers Day. pic.twitter.com/emiGHAT35M
— Navajo Nation President Buu Nygren (@BuuVanNygren) August 15, 2023
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona’s Superintendent of Public Instruction is continuing his two-front political battle with the state’s attorney general.
On Monday, Republican Superintendent Tom Horne emailed the Office of the Arizona Attorney General about the issue of enforcing the state’s voter-approved English language instruction model.
Horne highlighted that “the voter-protected initiative, formalized as A.R.S. §15-752, specifically states that ‘all children in Arizona public schools shall be taught English by being taught in English, and all children should be placed in English language classrooms.’ ….The voter-protected initiative is not subject to being overruled by the Attorney General, the State Board, or anyone, including me. I must faithfully execute the law as it is written.”
The email from Horne followed correspondence between a Section Chief Counsel in Attorney General Kris Mayes’ Office and Horne’s Office. The Attorney General’s Office (AGO) noted that they had “continued to receive complaints from school districts that claim ADE is requiring Waivers for any ELL students enrolling in Dual Language Immersion (DLI) classes. If that is so, ADE (Arizona Department of Education) is acting contrary to law, as Waivers are not required for Sheltered English Immersion (SEI) Models approved by the State Board of Education.”
The AGO warned that “If the Department continues to place barriers in front of schools and their students trying to register for DLI classes, like requiring Waivers under A.R.S. 15-753, the Department’s actions exposes the Agency (and potentially individuals) to legal liability.”
The Superintendent took issue with the AGO’s use of “barriers” in its email, countering, “It is not erecting a barrier that I have urged school districts to not violate the law. I have pointed out a provision of the statute: Under the initiative, if a parent of any student in Arizona sues and prevails for violation of the statute, the School Board members and Superintendents responsible can be removed from office and unable to run for election again for five years.”
Horne called the AGO’s warning “offensive and unworthy of the Attorney General’s office.” He predicted that Mayes would “not win legal arguments to ignore voter-protected initiatives by making those kind of empty threats.” He promised to remain committed to his duty to uphold state law regardless of the threats made against him and his office.
He then took time to tout the benefits of a structured English immersion model, saying, “When I took office in 2003, bilingual education was common. The one-year rate to become proficient in English was a pathetic 4%. At that rate almost no one would ever become proficient, and they would fail in the economy…After we adopted structured English immersion, and put a lot of emphasis on teaching teachers how to do it, the proficiency rate went up to 31%. At that rate, after three or four years, almost everyone becomes proficient.”
In conclusion, Horne exhorted the AGO to “pay attention to what is in the academic interests of the students, as shown by the data, and what is required by the voter-protected initiative, and stop making threats.”
The schools chief’s release added that “Horne intends to pursue this matter in a legal challenge,” assuring Arizonans that this saga between the two state officials would continue for months to come.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
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.
