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This week, the U.S. Department of Education’s Office for Civil Rights (OCR) initiated investigations into eighteen educational entities in ten states, including the Foxborough Public Schools in Massachusetts, based on complaints submitted to OCR alleging that they have violated Title IX of the Education Amendments of 1972 (Title IX).
The complaints assert that these entities, which range from K-12 school districts to postsecondary education institutions to state departments of education, maintain policies or practices that discriminate on the basis of sex by permitting students to participate in sports based on their ‘gender identity,’ not biological sex. According to an OCR statement, these policies jeopardize both the safety and the equal opportunities of women in educational programs and activities.
“In the same week that the Supreme Court hears oral arguments on the future of Title IX, OCR is aggressively pursuing allegations of discrimination against women and girls by entities which reportedly allow males to compete in women’s sports. Time and again, the Trump Administration has made its position clear: violations of women’s rights, dignity, and fairness are unacceptable,” said Assistant Secretary for Civil Rights Kimberly Richey. “We will leave no stone unturned in these investigations to uphold women’s right to equal access in education programs—a fight that started over half a century ago and is far from finished.”
According to a statement by Amy Berdos, Ed.D., Foxborough Superintendent of Schools, provided by her office, "The Foxborough Public Schools (FPS) have been selected for a Title IX Investigation by the United States Department of Education (USDOE). FPS, like all other Massachusetts School Districts, follows state law and guidance concerning gender identity discrimination and student-athlete participation in athletics. Pursuant to state law and guidance, schools may not discriminate against student-athletes on the basis of gender identity."
"The Foxborough School District will cooperate fully with the USDOE investigation. There will be no further comment at this time," she added.
An inquiry to the respective superintendents of Medway and Franklin about the potential impact of the Foxborough investigation did not produce a response as of the end of the business day, Friday.
In addition to Foxborough, the following entities are currently under investigation:
Jurupa School District (CA)
Placentia-Yorba School District (CA)
Santa Monica College (CA)
Santa Rosa Junior College (CA)
Waterbury Public Schools (CT)
Hawaii State Department of Education (HI)
Regional School Unit 19 (ME)
Regional School Unit 57 (ME)
University of Nevada – Reno (NV)
Bellmore-Merrick Central High School District (NY)
New York City Department of Education (NY)
Great Valley School District (PA)
Champlain Valley School District (VT)
Cheney Public Schools (WA)
Sultan School District No. 311 (WA)
Tacoma Public Schools (WA)
Vancouver Public Schools (WA)
Title IX prohibits discrimination on the basis of sex in any program or activity receiving federal financial assistance.