Louisiana Education Chief Tells Schools to Ignore New Title IX Rules for Transgender Students

Louisiana’s top education official on Monday instructed schools to ignore new Title IX rules unveiled by the Biden administration, warning that extending civil rights law protections to transgender students could violate existing state and federal laws.

The Department of Education last week issued a final set of sweeping changes to Title IX — which prohibits discrimination based on sex in federally funded schools — including an expanded definition of sex discrimination that includes sexual orientation and gender identity.

The new rules, which are set to take effect on August 1, drew immediate criticism from Republicans, who called the proposed protections for transgender students an attack on women’s rights.

In a letter sent Monday to school system leaders and board members, Cade Brumley, Louisiana’s superintendent of education, said the new Title IX rules likely conflict with Louisiana law and that schools “should not change policies or procedures at this time.”

The new regulations appear to be “in direct contradiction” to a 2022 state law that bans transgender student-athletes from competing on sports teams consistent with their gender identity, Brumley wrote in the letter, a copy of which was shared with The Hill.

The Biden administration has not yet finalized a separate rule that would prohibit schools from adopting policies that categorically prohibit transgender athletes from competing according to their gender identity, but Brumley said he still expects the administration to use the rules finalized this month to block states to enforce bans on trans athletes.

“You can be sure they have every intention of this fully applying to athletics going forward,” Brumley said in a phone call from his office in Baton Rouge.

Including Louisiana, 24 states have passed laws barring transgender student-athletes from competing on sports teams consistent with their gender identity.

Brumley added that the new regulations could infringe on individuals’ First Amendment rights by forcing them to use the name and pronouns of a transgender person. A bill introduced by the Louisiana House this month would prevent schools from requiring employees to use the names or pronouns of transgender students without written parental consent.

Another proposal would prevent transgender students from using school bathrooms and locker rooms that align with their gender identity. A senior Biden administration official said such laws could violate new Title IX rules if they create a hostile environment for students.

The Department of Education did not immediately respond to a request for comment on Brumley’s letter.

Brumley said Monday that schools should not go through the arduous process of reviewing their Title IX policies because the new rules will inevitably end up in court. Conservative organizations, including the Christian legal powerhouse Alliance Defending Freedom, have already threatened to sue the Biden administration over the changes.

The state of Louisiana is also “exploring options” to challenge the law, Brumley said. The new rules are still being reviewed by the Louisiana Department of Education, the governor’s office and the state attorney general.

“All options are on the table,” Brumley said.

Republican state leaders have rallied behind efforts to block the Biden administration’s changes to Title IX since the proposed updates were introduced in 2022. That year, Florida Education Commissioner Manny Diaz Jr. similarly instructed local education authorities ignoring the rules.

In May, a group of 25 Republican governors denounced the administration’s proposal as “a blatant overreach.”