State Superintendent of Public Instruction Tom Horne is advising Arizona’s school districts and charter schools to consult legal counsel regarding implementation of the controversial Title IX changes.
The changes to Title IX center on the redefining of the term “sex” to include “gender identity.” In effect, schools would be required to permit access to gendered programs, activities, or spaces on the basis of gender identity rather than biological sex, such as sports teams, locker rooms, and bathrooms. The U.S. Department of Education (ED) released the final Title IX rules outlining this change in April.
In ED’s justification for expanding the concept of “sex” to include “gender identity,” the agency declared that basing exclusion on biological sex amounted to sex discrimination.
“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination,” said U.S. Secretary of Education Miguel Cardona. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”
These new rules take effect on Aug. 1.
In a press release on Monday, Horne announced that he’d advised legal counsel to educational institutions through letters disseminated to all districts and charters. Horne emphasized that, though all schools had the choice to implement the updated Title IX regulations, there were pending legal challenges that may result in students suffering damages.
“This is your choice, but you may wish to delay implementing the new regulations until the legal situation is clarified. If the regulations are implemented and then later overruled by the courts, students may suffer damages in the meantime,” said Horne. “This is not legal advice. The Arizona Attorney General may disagree […] We are a local control state, and it will be up to districts and charters to determine how to proceed in this situation. You need to consult with your lawyer. I am only providing information I think might be useful.”
Indeed, a federal court in Louisiana ruled against the new regulations last month. The judge determined that the new federal rules amounted to federal overreach, calling ED’s rulemaking “arbitrary and capricious,” and signaling concern for the rules’ threat to protected constitutional speech.
Some districts have already opposed the changes.
Dysart Unified School District’s governing board voted to reject the new Title IX rules earlier this month. The district declared that ED’s changes to Title IX were contradictory to the existing, plain language of the rules.
Horne noted in Monday’s press release that the new Title IX rules could “significantly injure public education” by prompting parents to flee the system.
“In the past I’ve been asked by districts, as a policy matter, about their consideration of rules, permitting biological boys who have male genitalia being allowed in girls’ bathrooms, locker rooms, and showers,” said Horne. “My response was that there should be unisex bathrooms available, and if there was no room for them, the faculty bathroom should be used for that purpose. That would preserve the dignity of biological boys who identify as girls. But if they were allowed in girls’ facilities, I thought parents might well remove the girls from the school and send them to another district, Charter School, or private school. So, this rule could significantly injure public education.”
26 states have put forth legal challenges to the Title IX changes, with some awarded injunctions: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.
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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.”
Dysart School District in Arizona passed a resolution NOT to comply with the unlawful Title IX rewrite that endangers girls at school.
— Nicole Solas, Sued by the Teachers Union (@Nicoletta0602) July 12, 2024
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.”
🗣 TODAY AT 3PM! Your peaceful & prayerful support is needed at the Dysart Unified school board meeting.
Dysart board will be presenting & voting on a resolution 👇 that is in response to the Biden Title IX overreach. This model conservative school board needs support.
— Arizona Women of Action (@azwomenofaction) July 11, 2024
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.
I’ve looked in the face of many disappointed residents who told me they moved to the West Valley so their children could be educated in Peoria Unified School District (PUSD). To say these families are experiencing buyer’s remorse is an understatement. One wouldn’t have to search beyond PUSD’s current administration to grasp why the district is on a path of destruction.
For readers unaware, PUSD basketball coach and volunteer teacher Patrick Battillo—better known by his fanatic alter ego, Mr. ORNG—was recently arrested on allegations of soliciting lewd photos and videos from students with intentions to sell the images. Teacher Holly Holgate further betrayed the victims by tipping off Battillo after they came to her for help. Battillo, who pleaded not guilty to luring a minor for sexual exploitation and sex trafficking, was reportedly employed by PUSD for five years. Holgate, who’s charged with hindering prosecution and failure to report child abuse, has been employed for over 20 years.
Although the PUSD Governing Board voted unanimously to fire Battillo during the April 25, 2024, board meeting, it’s hard to imagine this wasn’t solely in response to public pressure. I say this because the NAACP descended upon PUSD at the April 11 board meeting. Not to mention press organizations have been crawling all over the district since Battillo and Holgate made headlines.
It’s no secret that Battillo replaced former employee William Roberts III, who was also charged with and pleaded not guilty to sex crimes against PUSD students. Unlike Battillo, Roberts was allowed to resign amid the controversy. Then, Roberts was acquitted after claiming he only had sex with a student after their 18th birthday. Battillo’s victims are said to be 17 and under. What are the odds that two men, who occupied the same role, were accused of sexually abusing students?
Board Member Heather Rooks formally apologized to the victims and their families. She also requested (but was not seconded) to have a closed discussion on why the principal of Peoria High School—where Battillo and Holgate worked—was quietly placed on paid administrative leave following the incident. Could it be PUSD is looking for someone to blame instead of owning its repeated failures to protect students from pedophiles on their payroll? Seriously, how many staff members knew something was “off” about Battillo, Holgate, and Roberts but an investigation was never launched? And where is the district sourcing its pool of applicants anyway?
Another red flag was raised when acting superintendent Kevin Molino unveiled 3D sketches of bathroom remodels for Cactus High School and Ironwood High School. Where there were once doors, there are no doors. Where there was once privacy, there is less privacy. Where there was once a clear distinction of boys’ and girls’ spaces, the district has revealed phase one compliance with the Biden administration’s illegal Title IX rewrite and the corrupt Ninth Circuit ruling.
Now you see doors:
Now you don’t:
Did you catch that urinals were removed from the boys’ bathrooms? Unless you’re going to allow girls inside, why would you eliminate that feature? There are also oversized service closets where a single-use bathroom should be, specifically for students who reject binary reality. In order to uphold the Department of Education’s erroneous interpretation of “sex” to mean “gender identity,” I wouldn’t be surprised if PUSD secretly plans to replace urinals with Tampon dispensers.
In PUSD’s current climate of sexual abuse, administrators are smart enough to sidestep any discussion on the dangers of transgender practices that leave female students vulnerable. So, the district’s official position is that the restrooms are being updated for “increased ADA accessibility” and “increased visibility and monitoring.”
During the April 25 board meeting, there was much talk about bullying, vaping, drugs, and fighting that allegedly reinforced the need for less privacy in school bathrooms. When I suggested disciplining problematic students before they enter closed spaces, Board Member Bill Sorenson said he didn’t agree with “targeting” students who are known to have behavior issues. This is typical, passive, “social emotional” language from Sorenson…whenever he cares to comment.
So, rather than enforce proper codes of conduct, the district’s solution is to have adults watch students go to the bathroom from the hallway. If this doesn’t make any sense to you, then you simply don’t know how to think like a leftist.
After attending the Listen, Learn & Lead event for the incoming superintendent, I was further convinced of how expendable PUSD constituents are to the district. During the breakout session, my table had the pleasure of hosting the presence of Chief Personnel Officer Laura Vesely. I held my tongue and conversations were all polite until a resident asked why “Community” was at the top of Molino’s updated organization chart, when it’s obvious the district doesn’t acknowledge concerns from the majority of the community.
Vesely said that “Community” was only at the top because they elect governing board members. Essentially, no other community input is required to run a school district. Consequently, when the same resident asked about Title IX compliance—and I finally spoke up to clarify that “sex” means biology, not gender identity—Vesely quickly shut down the conversation, stating that she, and the public relations representative at the table, weren’t responsible for answering those questions.
Well, I suppose PUSD constituents should just be grateful that rogue, unelected administrators are even letting them in on the discussion. Bless the voters’ hearts.
The last red flag I’ll mention is the district’s prejudice against Christians. Not only was Board Member Rooks censured for reading Scripture during her board comments, Board Member David Sandoval is inclined to outright discriminate against Christian students. Just like the extremists in a neighboring district, PUSD has shown a willingness to violate the First Amendment and, now, the 1984 Equal Access Act, which grants students (of any faith) the right to exercise religious freedoms on school campuses.
Sandoval’s statements were made during a podcast hosted by secularist Jeanne Casteen, who’s engaged in an imaginary fight against “the growing threat of white Christian nationalism in our state and our country.” Casteen is concerned about tax dollars funding religion in public schools. Notably, Christianity was the only objectionable religion throughout the discussion.
By Sandoval’s and Casteen’s logic, all government institutions that teach secular humanistic doctrines—such as evolution, climate change, and social justice—should be defunded. And perhaps Casteen is ignorant of the fact that her godless religion is protected under the First Amendment, and her belief system currently dominates every sphere of public education.
I’m glad to hear students are leaving PUSD. I hope enrollment continues to decrease as families take advantage of every opportunity to exercise their rights. As for the parents who can’t or won’t utilize alternative education, you need to show up for more than sporting events. The board members you elected, and the advocates you see in the boardroom and hear on the microphone every two weeks, are burning out fighting for your children.
Public education will never “get better.” I encourage every conservative, independent, and common-sense parent and teacher to find their voice, speak up, and take action before it’s too late.
Tiffany is the Founder of Restore Parental Rights in Education, a grassroots advocate for families, educators, and school board members. For nearly two decades, Tiffany’s creative writing pursuits have surpassed most interests as she continues to contribute to her blog Bigviewsmallwindow.com. She encourages everyday citizens to take an active role in defending and preserving American values for future generations.
Residents in Arizona public school districts are engaged in a spiritual and moral battle. Some are determined to advance an insidious LGBT agenda, but I choose to fight on the side of God and those who love children. So, when left-wing journalist Richard Ruelas published this sleazy article, I felt it was my duty as a truth-teller to respond in earnest.
First, I’ll clarify for equity cheerleader Ruelas that I didn’t coin the expression “pedophiles by proxy” during the Higley Unified School District (HUSD) board meeting. I initially used the phrase while exposing the shenanigans of Peoria Unified School District (PUSD) Board President David Sandoval and Board Members Bill Sorensen and Melissa Ewing, who refused to read a physical privacy policy. The trio also failed to properly handle community concerns when public records revealed a district attorney advised Executive Director of Education, Christina Lopezlira, to inform administrators of “emerging practices for supporting transgender students,” and to “amicably address the competing interests and rights” of parents who object.
During the Title IX presentation on March 9, 2023, PUSD legal advisor, Lisa Anne Smith, confessed that SCOTUS (still) has not ruled on any case that permits or mandates biological boys and girls to share private spaces at school. This fact was reiterated by Superintendent of Public Instruction Tom Horne.
Furthermore, HUSD Board President Tiffany Shultz and Board Member Amanda Wade mocked a proposal for an enhanced dress code, agreeing that it would “sexualize students’ bodies.” Shultz and Wade also agreed that educators’ attempts to regulate indecent and disruptive clothing was a “waste of time.” Wade even advocated for removing the word “immoral” from policies that govern electronic communications between students and district employees. It’s absurd how public servants dismiss concerns from parents and teachers who want to protect children.
Reading Ruelas’ junk mail reminded me of my conversation with Liberty Elementary School District (LESD) Board President Michael Todd. He told me the conservative majority board was “trying to clean house” and that I was “late reporting” on his cross-dressing colleague, Paul Bixler. At this point, Bixler had served on the board two years, had already achieved state-level exposure during a House Education Committee meeting and was trending nationally after invading a female locker room. Todd assured me, “I’ve not ever seen Paul go into a women’s restroom on school grounds. Did I see him go into one at a hotel at a conference, yes I did…but that’s not at our schools.” Hmm…I guess I’ll never know (or care) what spooked Mr. Todd. Suffice to say, it was highly suspicious and unprofessional when this duly elected official threatened to resign over a belated news story.
The Ruelas article also sparked frustrations over responses from Chandler Unified School District Board Member Kurt Rohrs. Parents I spoke with said his position on allowing male and female students to share private spaces is unclear. Ruelas claims Rohrs said “he would not ask the board to enact a [bathroom] policy because it would violate federal law,” and that “the discussion about the issue isn’t rooted in fact.” Rohrs is quoted directly stating, “‘Parents are reacting this way because they are fearful. It’s clearly not rational. It’s emotional.’” At a glance, Rohrs’ comments come across dismissive and calloused. But keep in mind that Ruelas is a pretentious jester on a mission to distract everyone from the severe consequences of transgender ideology.
What happened twice in Loudoun County is a fact. What happened in Appomattox County is a fact. What happened in Vermont is a fact. What happened in Oklahoma is a fact. What happened in New Mexico is a fact. What happened in California is a fact. What’s happening in Arizona is a fact. So, I’d say irrational describes the diabolic social experiment that’s been deployed against America’s youth. And I’d say, if your kids are exposed to or assaulted by a member of the opposite sex on school grounds, you should be emotional about it! Ring every district phone, fill every inbox, darken every doorway, occupy every board meeting, alert the media, pull your kids out, sue that government-funded hotbed. Somebody is bound to get the message.
In general, board members looking for “middle ground” on school bathrooms are in for a turbulent 2024. When it comes to the safety and innocence of children, I implore you not to run as a conservative if you’re going to govern like a moderate. Your credibility will be shot, and your career will end in disgrace. There’s no such thing as moderate morality. You either have dignity and common sense, or you want boys and girls to share private spaces at school. You either believe parents have rights in public education, or you’re pro-government. You’ve either read the Title IX transcript and know that the corrupt Ninth Circuit ruling needs to be overturned, or you’re not up for the fight.
Of course, fiscal responsibility, increasing enrollments, and improving test scores are important. But these are not primary concerns for most parents. Preventing rape, violent assaults, hypersexualized curriculum, secret teacher-student relationships, and other exploitive behaviors are the leading issues in education right now. If these matters directly affect your district but you’re not in the majority (or you have a dissenting opinion), the best you can do is make coherent public comments, introduce constitutional policies, and cast votes that convey logical consistency to your constituents.
The worst you can do is entrust the verity of your statements to a narrative pirate like Richard Ruelas.
I want to highlight the passion and prowess of one board member who persisted in taking corrupt colleagues and administrators to task for their reckless policies and predatory practices. On November 21, 2023, America First Legal (AFL) announced that Mesa Public Schools (MPS) Board Member Rachel Walden is suing her district. The Arizona Sun Times reported that AFL “is representing Walden in her Maricopa County Superior Court lawsuit against [MPS] and Superintendent Andi Fourlis, which alleges they schemed to circumvent the Arizona Parents’ Bill of Rights after the community learned it was blocking parental notifications.” The MPS transgender support plan—adopted in 2015 without parental knowledge or consent—is dangerous, unlawful, and immoral. To grasp how radical MPS has become, read the Sun Times article alongside Walden’s opinion editorial and Mesa school board candidate Ed Steele’s analysis.
Teachers and Counselors should NOT suggest putting children on a transgender support plan but that is happening. Parents will not be notified. This is the meeting last night. I was prohibited from talking to the district lawyer under "legal advice." pic.twitter.com/qUPWZyCgAa
— Rachel Walden – Candidate AZ Corp Comm (@waldenpatriot) May 11, 2023
Using public education to push transgenderism on children is pure evil. Discussions on human sexuality are the primary responsibility of parents, not the government. Swapping clothes and pronouns, taking puberty blockers, and undergoing sex reassignment surgeries does not change the biblical, biological, and binary reality that dysphoric people are trying to escape. Moreover, unrestricted access to private spaces with members of the opposite sex is not a prescription for gender confusion. And pretending to be something you’re not will never cure suicidal ideations. Despite the U.S. Department of Education’s misinterpretation of the Bostock v. Clayton County, Georgia case, and their ludicrous Title IX amendment proposal, forcing male and female students to share bathrooms is not the law of the land.
Parents, when hardened LGBT activists say they’re coming for your children, believe them. Invest time researching this issue and avoid gaslighting anecdotes like those propagated by the Arizona Republic. Before you openly chastise any board member, make sure you have sound knowledge and understanding of the Constitution, state laws, and district policies. Let’s continue to stand up together and push back against this present darkness.
I’ll see you in the boardrooms.
For nearly two decades, Tiffany Benson’s creative writing pursuits have surpassed all other interests. When she’s not investigating Kennedy Assassination conspiracy theories, she enjoys journaling and contributing to her blog Bigviewsmallwindow.com. She encourages average citizens to take on an active role in the grassroots fight for future generations.
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.
