By Beth Ann Rosica
The Trump administration is waging war against states that refuse to comply with Title IX protections for girls and women. While the key issue is focused on boys competing in girls’ sports, other aspects include keeping boys out of girls’ bathrooms and locker rooms.
Pennsylvania has not been targeted by the federal government — yet. However, it seems only a matter of time before it happens.
Despite the federal orders and a subsequent Dear Colleague letter warning states and school districts about potential consequences for violators, Pennsylvania is doubling down. The Pennsylvania Human Relations Commission (PHRC) continues to provide protections based on “gender identity” despite the federal law, court rulings, and Executive Orders.
Why It Matters. The PHRC regulations are in direct conflict with federal law and are providing cover for some school districts in the Commonwealth. Many districts continue to allow students to use the bathroom that corresponds to their gender identity as opposed to their biology, citing the PHRC regulations.
Broad + Liberty completed a review of policies for every school district in Bucks, Chester, Delaware, Montgomery, and Philadelphia counties. The analysis shows some districts have a specific policy for transgender students, often entitled, “Transgender and Gender Expansive Students.” Districts with this particular policy clearly articulate that students can use the bathroom that most closely aligns with their gender identity. This policy also requires school staff and administration to withhold information from parents. Over 40 percent of districts in the region have this type of policy.
Thirteen of the 62 districts analyzed (21 percent) continue to recognize “gender identity” as a protection under their Title IX Nondiscrimination policy, despite the federal law saying otherwise.
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