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Southlake Carroll ISD files lawsuit challenging Title IX changes meant to protect LGBTQ+ students

Carroll ISD trustees voted last week to move forward with the litigation.

Southlake’s Carroll ISD filed a lawsuit Tuesday challenging the Biden administration’s recent changes to Title IX that extended protections to LGBTQ+ students, court records show.

The lawsuit comes after the Carroll ISD board of trustees voted 7-0 after an executive session during a board meeting May 15 to “proceed with litigation against all necessary parties related to proposed changes to Title 9 and their effect on Carroll ISD,” according to a social media post by the district. 

Carroll ISD is represented by the conservative legal group Alliance Defending Freedom, which also worked to overturn Roe v. Wade, pro bono in the litigation.

The changes to Title IX, the law that bans discrimination on the basis of sex in education programs or activities receiving federal financial assistance, clarify that it also protects against discrimination based on sexual orientation and gender identity.

“The final regulations promote educational equity and opportunity for students across the country as well as accountability and fairness, while empowering and supporting students and families,” the U.S. Department of Education said in a statement announcing the changes in April.

“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 in a statement in April. “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.”

In the new lawsuit, Carroll ISD alleges, “the Department of Education has redefined the word ‘sex’ in Title IX to include ‘gender identity.’”

“Congress enacted that famous 1972 statute to promote equal opportunities for women and girls. But the Department of Education’s new Title IX regulations force Carroll ISD – and school districts across the country – to do the opposite,” the lawsuit reads. “This bureaucratic fiat prevents Carroll ISD from protecting private spaces like bathrooms, locker rooms and showers for both girls and boys, opens girls’ sports to males and infringes on the constitutional rights of students and staff.”

WFAA has reached out to the U.S. Department of Education for comment on Carroll ISD’s lawsuit and will update this story if we receive comment.

Last week, the Carroll ISD board of trustees also passed a resolution “denouncing” the changes to Title IX and “expressing deep concern over the potential negative impact on our students and community.”

“The CISD Board of Trustees urges the Biden administration to reconsider these changes and engage in meaningful dialogue with stakeholders, including educators, administrators, parents, and students to ensure that any modifications to Title IX uphold the fundamental rights and protections of students,” that resolution read.

“The CISD board of trustees reaffirms its commitment to maintaining a safe and secure learning environment for all students, free from discrimination, harassment and violence,” the resolution continued.

Tarrant County Judge Tim O’Hare and Gov. Greg Abbott have also called on school superintendents and other education leaders to ignore the changes to Title IX.

Carroll ISD’s lawsuit also comes shortly after the U.S. Department of Education's Office of Civil Rights (OCR) invited the district to negotiate a resolution after it upheld four complaints filed by ex-students who said they faced discrimination based on race, gender, and sexual orientation.

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