Opponents of the Tyler ISD school board’s decision to reject the new Title IX regulations implemented by the Biden Administration brought posters to the school board meeting on July 22. (Jennifer Scott/Tyler Morning Telegraph)

In a decisive move that has sparked concern among the LGBTQ+ community in Tyler, the Tyler ISD school board formally denounced changes to Title IX regulations implemented by the Biden administration at the trustees’ June 17 meeting.

“Part of the new regulatory requirements, handed down from the executive branch, expanded the definition of sex to include an individual’s self-professed gender identity,” said Wade Washmon, president of Tyler ISD board of trustees. “This was the root cause of our denouncement of the changes to Title IX, (which was) made by executive order without the consent of representatives of the governed.”

Title IX, enacted in 1972, aimed to prevent sex-based discrimination and sexual harassment in educational programs and activities funded by the federal government. Over the years, Title IX has been updated several times.

Expanded scope

Last year, the Biden Administration worked to expand Title IX’s scope to include protections against discrimination based on sexual orientation and gender identity. The updated rules mandate that schools cannot deny transgender students access to bathrooms, changing rooms, or pronouns that align with their gender identity.

The Biden Administration has said non-compliance with these new regulations could result in the loss of federal funding. For districts like Tyler ISD, this funding is crucial, as it supports breakfast and lunch programs that benefit 80 percent of the students.

“Tyler ISD is appalled that the federal government would stoop so low as to withhold funding to feed all of our … children,” Washmon said.

Felix Wingfield, a parent of three children in Tyler ISD who opposes the denouncement, believes the federal administration’s decision to withhold federal funding over the resolution is an overreach.

“The Title IX protection is federal for a reason,” he said. “They shouldn’t have the power to say something like ‘You can’t even have free lunch if you can’t comply.’ That’s not right.”

However, he also believes the school board’s resolution is contributing to an atmosphere where LGBTQ+ students feel unwelcome.

“I don’t know what they’re scared of,” Wingfield said. “There are people out there screaming and yelling that (the LGBTQ+ community) is coming for their kids. The queer kids just want to exist. I don’t know how to get through to people.”

Feeling vulnerable

The resolution has left some students feeling vulnerable and frustrated, fearing it will undermine crucial protections for LGBTQ+ community.

“With this decision, queer kids aren’t getting support they need, which could lead to mental heath issues and even suicide,” said Sage Richards, a Tyler ISD student. “And the kids who depend on free lunch are going to starve, especially if they can’t get food at home.”

The Tyler ISD school board expressed concern that allowing individuals with self-identified gender to use girls’ restrooms and locker rooms poses a safety risk.

“When the definition of sex is changed to ‘self-professed gender identity,’ it opens the door to in fact obliterate some of the very things that Title IX was set up to do … such as allowing for equality, fairness, and protections in women’s sports, and allowing for protections in single sex settings such as bathrooms and locker rooms,” Washmon said. “Tyler ISD is not willing to sacrifice the safety of our daughters, sisters, wives, mothers, grandmothers, nieces, or any other biological female that might use our facilities, or compete in our gyms and fields.”

Washmon said the board believes it is important to maintain separate, single-sex environments to ensure privacy and comfort for both biological males and females. He expressed concern that allowing biological females who identify as male into male-designated spaces like locker rooms could disrupt the sanctity and safety of those spaces intended for biological males. He also underscored the need for all individuals to have safe spaces where they can freely express themselves.

As to whether the board consulted legal experts or advocacy groups specializing in gender equity and education, Washmon stated that while some issues are “gray, nuanced, and complex,” this is not one of them.

“This is as black and white as it gets,” he said. “We have the life knowledge to understand that it would be incredibly unfair and dangerous to allow a biological male to compete as a female. It’s as simple and clear as gravity, a fundamental and natural law.”

Opponents of the resolution argue the denouncement sends a message that marginalizes and isolates these students. They believe it creates an environment where LGBTQ+ students may perceive themselves as rejected and unsupported.

“All students need acceptance and care,” Richard said. “It’s not that difficult to treat everyone fairly. If they’re going to willingly choose to let a bunch of kids suffer just to prove they’re in the right, then they aren’t helping anyone at all.”

Washmon said despite potential misinterpretations, the board’s criticism of the altered language in Title IX should not be equated to an accusation that “Tyler ISD hates trans kids.”

“We love our students and our actions are firmly based in truth and biology,” he said. “We choose to stand in truth and love every child, simultaneously. These do not have to be mutually exclusive ideas. We want to welcome and protect every child, whatever they’re going through while they’re in our hallways.”

Directive responses

In response to the expansion of Title IX regulations, Gov. Greg Abbott directed the Texas Education Agency (TEA) on April 29 not to implement the new rules. Since March, more than 20 states, including Texas, have filed lawsuits against the Biden Administration, arguing that the new regulations are unlawful. The attorneys general claim that the Department of Education has exceeded its authority by making these changes, which was set to take effect on Aug. 1.

However, as of late, federal judges have issued six injunctions, temporarily blocking the Department of Education from enforcing the new Title IX rule across 26 states and at numerous educational institutions, including both K-12 schools and colleges. These injunctions prevent the implementation of the new rule while legal challenges are reviewed. The first injunction was granted on June 14, with the most recent issued on July 31.

At the June 17 meeting, Superintendent Dr. Marty Crawford informed the board of his communication with the Texas Association of School Boards about the district’s intention to develop a policy consistent with the governor’s directive, TEA’s guidelines and Tyler ISD’s usual policies.

“Our primary responsibility is to the students and families of Tyler ISD,” Crawford said. “We will continue to advocate for policies that protect the rights, safety, and well-being of our students. While we respect the importance of federal guidelines, we believe that certain approaches undermine the core values and needs of our community.”

According to Washmon, Tyler ISD is dedicated to ensuring a safe and inclusive learning environment for every student, providing daily accommodations, including specific bathroom arrangements as needed. The district is also prepared to make necessary budgetary adjustments to ensure children are fed.

“We love and appreciate every single child that walks the hallways of Tyler ISD and will continue to work to serve our students and meet their needs,” he said.

Other key changes

In addition to providing protection for sexual orientation and gender identity, the new Title IX regulations set by the Department of Education include several key changes regarding harassment and assault. They define harassment more narrowly and emphasize prompt and equitable responses to reports.

Schools are required to provide supportive measures to complainants and ensure due process protections for both complainants and respondents during investigations. Additionally, education and prevention programs on harassment and assault are mandated for students and staff.

Non-compliance with these regulations would also lead to the withholding of federal funding for educational institutions.

Speaking out

At the July 22 meeting, several community members, including Tyler ISD parent Jessica Meharry, spoke out against the denouncement.

“Y’all voted against it knowing that our free lunch program would be affected,” she said. Meharry also highlighted the resolution’s potential contradiction with the FFH policy, which addresses issues related to discrimination, harassment, and retaliation within the school environment.

“The student welfare freedom from discrimination harassment and retaliation that was adopted into policy June 21, 2022, discrimination based on sex includes discrimination on the basis of sexual orientation and gender identity, which was confirmed by you two — Mr. Crawford and Mr. Washmon — during the meeting,” she said. “Y’all confirmed that was an update in the Title IX. It’s not, it’s been in effect for two years now. It has been a part of our policy for two years now.”

East Texas Rainbow Network Co-Founder Hannah Morris, a 2005 graduate of what was then Robert E. Lee High School, shared her story of being openly gay. She spoke about the pivotal role her mother played in the community, providing a safe haven by opening their home to those in need.

“Those actions paved the grounds for the youth group that we have today … before that existed, it was just on us to provide safe spaces within our own community,” Morris said. “As Christians, you all also understand that because you go to church every Sunday — that’s a safe space for you. So I want to know … what would Jesus do? He would feed them.”

Erin Bailey, director of Alphabet Army, spoke about parents and students reaching out to her organization as a constant safe haven from being bullied and suicide attempts.

“But now their kids are scared to come back to school,” Bailey said. “Their kids are being bullied, harassed at schools because they chose to be their true authentic selves. And this Title IX that y’all voted against … that’s going to put our kids at risk again.”

Sarah Renfro, a Tyler ISD parent who wrote a Letter to the Editor, also spoke at the meeting, questioning the ethical implications of the board.

“The board policy code of ethics states ‘I will base my decisions on fact rather than supposition, opinion, or public favor,’” she said. “The board … chose to gamble the nutritional needs of 11,000 children due to personal opinion and supposition rather than fact and evidence-based statistics and research.”

Tyler resident Larry Taylor emphasized his belief that rejecting these regulations undermines important protections and support for students, especially women.

“You should be making … it possible to protect people’s dignity,” he told the board members. “It’s not a threat to women. It’s a threat to society…”

Chesley Breen, a former student of Tyler Legacy, bravely recounted being sexually assaulted at 14 years old.

“I loved learning, I was in choir and … a great student,” they said. “But behind it all, I was also being sexually assaulted by an 18-year-old student. This event and other events like it led to my PTSD diagnosis. I was a child and … was never taken seriously.”

Breen stated they were happy upon learning about the new Title IX regulations, hoping the changes could prevent similar incidents in the future — even though it won’t change what happened to them.

“Title IX would let the victims be interviewed separately,” they said. “Title IX would put in a place a sexual assault counselors so if this did happen, they could learn how to cope. Title IX would give protection to girls, women, SA (sexual assault) victims, mothers, boys … everyone in that school.”