The Education Department says it is investigating a Washington state school district that recently moved to ban transgender students from participating on girls’ sports teams after it also reprimanded a student-athlete who misgendered a transgender opponent.
A civil rights complaint filed Feb. 17 by the Foundation Against Intolerance & Racism (FAIR) alleges the Tumwater School District, a district of about 6,000 students in Western Washington, violated Title IX and a student’s First Amendment rightsby refusing to remove a transgender player on an opposing team from a girls’ junior varsity basketball game last month.
Frances Staudt, a 15-year-old sophomore at Tumwater High School, had requested school officials either eject the student or forfeit the game, according to the complaint. When they refused, citing a Washington Interscholastic Activities Association (WIAA) policy that allows student-athletes to participate in line with their gender identity, Staudt removed herself from the game.
Staudt continued lobbying school officials from the bench to remove the student and repeatedly voiced “her concerns about a boy playing in a game that was meant for girls,” according to the complaint. Tumwater High School said Staudt had violated the district’s policies against bullying and harassment by intentionally misgendering the student, which Staudt then argued violated her free speech rights.
“I looked over, and I said, ‘You are a man,’ because that is my First Amendment right,” Staudt told KOMO-TV in Seattle about the game, which took place one day after President Trump signed an executive order to ban transgender athletes from competing in girls’ and women’s sports nationwide.
On Thursday, the Tumwater School District’s Board of Directors voted 3-1 in favor of a resolution supporting an amendment to WIAA policy that would prevent transgender girls from participating in girls’ sports.
The Education Department’s Office for Civil Rights said Monday it was investigating the school district “amid allegations that it continues to violate Title IX by allowing male athletes to compete in girls’ interscholastic athletics.”
The investigation is one of at least eight the department has launched into states, school districts and athletic associations since Trump’s executive order on transgender athletes. The president publicly sparred with Maine Gov. Janet Mills (D) last month after the state’s governing body for high school sports said it would not enforce the restrictions, citing a state anti-discrimination law preventing them from doing so.
In a Feb. 20 YouTube video, Washington State Superintendent of Public Instruction Chris Reykdal said state protections against gender identity discrimination similarly prohibit Washington State schools from barring trans student-athletes from teams that match their gender identity.
“Our state laws make clear that students get to identify and participate in activities based on the gender in which they identify. We’re going to uphold that law,” he said.
“Until Congress acts differently and changes the law, or our state legislature changes the law, we’re going to follow the current law and the current civil rights framework of this state and that’s what it tells us to do, and I hope everyone can respect that,” Reykdal said.
The Senate is set to vote this week on a bill to ban transgender athletes from competing in girls’ and women’s sports at schools.
In an emailed statement, Laurie Wiedenmeyer, director of communications and community relations for the Tumwater School District, said the Education Department had notified the district of its investigation on Feb. 28.
“Our priority has always been to create a safe, welcoming, and inclusive learning environment for all students, families, and staff,” Wiedenmeyer said. “While we cannot discuss specific details due to confidentiality requirements, we take all concerns seriously and remain dedicated to continuous improvement in our schools.”
“We appreciate the patience of our community as we work through this, and we remain dedicated to transparency and continuous improvement. Our focus remains on supporting each of our students, staff, and families while fostering an educational environment that upholds the values of respect and opportunity for all,” she added.
In a news release, Craig Trainor, the Education Department’s acting assistant secretary for civil rights, said Washington state’s federal funding could be at risk.
“If Washington wants to continue to receive federal funds from the Department, it has to follow federal law,” he said.
The number of transgender students participating in school sports is unclear.
In September, the National Federation of State High School Associations, which does not report how many student-athletes are transgender, said more than 8 million students competed in high school sports last year. Karissa Niehoff, the organization’s CEO, told The Hill an openly trans athlete has never set a national record.
Charlie Baker, president of the NCAA, which barred transgender athletes from competing in women’s college sports following Trump’s executive order, told a Senate panel in December that he is aware of fewer than 10 transgender NCAA athletes.
Reykdal, in his YouTube video last month, said out of nearly 250,000 student-athletes in Washington State, “roughly 5 to 10 youth have identified themselves as transgender.”
