Introduction to the Investigation
The U.S. Department of Education announced Thursday that it will launch an investigation into Chicago Public Schools, the Illinois State Board of Education, and suburban Deerfield Public School District 109 for alleged violations of Title IX, a federal law that prohibits sex discrimination.
Background of the Investigation
The department’s Office for Civil Rights investigation comes in response to a federal complaint filed earlier this week by conservative groups against the district and Illinois’ education department. Those groups — the Defense of Freedom Institute of Policy Studies and the Liberty Justice Center — say that state and district policies are “forcing students to share bathrooms, locker rooms, and overnight accommodations with members of the opposite sex, based solely on self-declared ‘gender identity’.”
Potential Consequences of the Investigation
The investigations put a state with outspoken progressive leadership in the crosshairs of a Trump administration that has shown it will use the threat of losing federal funding to influence policy in schools. Any violations of Title IX could result in a loss of federal funding, the department said in its press release. The investigation also comes at an awkward time: President Donald Trump signed an executive order Thursday that calls for abolishing the U.S. Department of Education. Abolishing the agency would require approval from Congress.
Impact on Vulnerable Students
It’s unclear how that would affect programs that benefit vulnerable students. The Education Department administers Title I, which provides extra money to high-poverty schools, and the Individuals with Disabilities Education Act, which supports special education.
Policies in Question
Districts in Illinois, including CPS, as well as the state, have adopted policies that are meant to affirm and protect the identities of its LGTBQ and gender non-conforming students. In Chicago, for example, that includes allowing students to be addressed by the name and pronouns that match their gender identity. It also allows students to use the locker room or bathroom that matches their gender identity.
Complaint Details
The federal complaint filed earlier this week says that state and district policies violate the privacy rights of other students. The groups also claim that the state prevents schools from telling parents about students’ gender identities.
Response from Authorities
Craig Trainor, the department’s acting assistant secretary for civil rights, said in a statement that Title IX was created with the understanding that “males and females, especially minors, have a right to be free from compelled exposure of their bodies or from engaging in intimate activities — like changing their clothes in a locker room — in front of the opposite sex.”
School District Responses
Jaclyn Matthews, a spokesperson for the Illinois State Board of Education, said the department cannot comment on matters involving the federal Office of Civil Rights. Chicago Public Schools said in a statement that any complaint will be reviewed and responded to “in a timely manner.” In a statement, Deerfield Public Schools said it complies with Illinois state law, which “prohibits all public school districts from discriminating on the basis of sex, including gender identity, and mandates that students must be permitted access to the locker room and bathroom that aligns with their gender identity.”
Previous Title IX Rules
Under former President Joe Biden, new rules in Title IX were created to protect gender identity. Schools were considered in violation of student rights if they prevented students from, for example, using bathrooms that matched their gender identity or if teachers did not use a student’s chosen name and pronouns. Those changes prompted Republican-controlled states to sue the Biden administration.
Current Investigation Context
After a federal judge overturned Biden’s Title IX rules in January, schools reverted back to the rules in place during the first Trump administration, which do not include protections for LGBTQ students. The investigation announced Thursday is part of a broader effort from the federal government to clamp down on policies that districts view as protections for their LGBTQ and gender nonconforming students.
Similar Investigations
Last month, the department announced a Title IX investigation into the Maine education department, as well as an individual school district — a process that could offer clues about what is ahead for Illinois. This week, the Trump administration announced that Maine had violated Title IX and listed its proposed remedies, which includes forbidding “males to participate in any athletic program, or access any locker room or bathroom, designated for females and that meaning of words such as ‘woman’ and ‘man’ are to be understood ‘in the context of the facts that there are only two sexes.’” State officials were given 10 days to respond.
Political Reactions
The Democratic governors of both Maine and Illinois have picked public fights with Trump. On Thursday, Illinois Gov. J.B. Pritzker criticized Trump’s executive order to dissolve the U.S. Department of Education.
Conclusion
The investigation into Chicago Public Schools, the Illinois State Board of Education, and Deerfield Public School District 109 marks a significant development in the ongoing debate over Title IX protections and gender identity in schools. As the investigation unfolds, it will be crucial to monitor its implications for LGBTQ and gender non-conforming students, as well as the potential consequences for schools found in violation of Title IX.
FAQs
- Q: What is the basis of the investigation into Chicago Public Schools and the Illinois State Board of Education?
- A: The investigation is based on a federal complaint alleging that the schools’ policies on gender identity violate Title IX by forcing students to share facilities with members of the opposite sex based on self-declared gender identity.
- Q: What are the potential consequences if the schools are found in violation of Title IX?
- A: Any violations of Title IX could result in a loss of federal funding.
- Q: How do the schools’ current policies address the needs of LGBTQ and gender non-conforming students?
- A: The policies allow students to be addressed by their chosen name and pronouns and to use facilities that match their gender identity.
- Q: What is the context of this investigation in terms of previous Title IX rules and changes?
- A: The investigation follows changes in Title IX rules under different administrations, with the current rules not including protections for LGBTQ students after a federal judge overturned previous expansions.
- Q: Are there similar investigations happening in other states?
- A: Yes, there have been investigations and actions in other states, such as Maine, indicating a broader effort by the federal government to address these issues.
