Diaz Disputes Feds on Gender Identity, Sexual Orientation
Florida Education Commissioner Manny Diaz Jr. said federal guidelines aimed at preventing discrimination against students based on such things as gender identity would "vastly expand the application" of Title IX.
July 29, 2022 at 02:13 PM
4 minute read
Saying federal guidelines aimed at preventing discrimination against students based on such things as gender identity would "vastly expand the application" of Title IX, Florida Education Commissioner Manny Diaz Jr. told school officials to ignore the guidelines.
Title IX is a federal law that was enacted more than 50 years ago to prohibit sex-based discrimination in educational institutions. The U.S. Department of Education last month released a proposal that it said would "provide greater clarity regarding the scope" of sex discrimination.
The guidelines would extend protections under the law to include schools' "obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity."
Diaz took issue with the interpretation of Title IX to include sexual orientation and gender identity. He sent letters Thursday to superintendents, school boards, private-school owners and charter-school governing boards that said guidance documents from the U.S. Department of Education and the U.S. Department of Agriculture "are not binding law" and asking school officials to refuse to change their practices.
The U.S. Department of Agriculture, which is involved in such things as school-lunch programs, in May similarly announced it would begin interpreting Title IX "to include discrimination based on sexual orientation and gender identity."
Diaz warned against schools making certain accommodations for transgender students.
"Specifically, for example, nothing in these guidance documents requires you to give biological males who identify as female access to female bathrooms, locker rooms, or dorms; to assign biological males who identify as female to female rooms on school field trips; or to allow biological males who identify as female to compete on female sports teams," Diaz wrote.
But in a news release last month, U.S. Department of Education Secretary Miguel Cardona said the guidelines, in part, will "ensure all our nation's students — no matter where they live, who they are or whom they love — can learn, grow and thrive in school.
Diaz's letter was an extension of Gov. Ron DeSantis' efforts to bar what he calls "woke gender ideology" from classrooms.
The governor during a news conference Wednesday suggested that school systems in other states have included instruction that would encourage students to question their genders.
"And basically, this would be for elementary school kids, where they're instructed to tell them, 'Well, you may have been born a boy, that may have been what you said, but maybe you're really a girl.' That's wrong. That has no place in school. So, that is happening in our country. Anyone that tells you it's not happening is lying to you," DeSantis said during an appearance in Tampa.
DeSantis this year signed a controversial bill that restricts instruction about gender identity and sexual orientation in schools. The measure, which critics derided as the "don't say gay" bill, has drawn federal-court challenges.
Also, DeSantis in 2021 signed legislation that barred transgender female athletes from competing on high-school girls' and college women's sports teams.
Diaz's letter also took aim at the Florida Department of Agriculture and Consumer Services, accusing it of communicating with schools and "suggesting that they should comply" with the U.S. Department of Agriculture guidance.
The state department is led by Agriculture Commissioner Nikki Fried, a Democrat who is running for governor this year and frequently clashes with DeSantis.
Diaz also advised schools to disregard what he characterized as "any suggestion" from the state agriculture department that schools post an "And Justice for All" poster, which would indicate participation in the U.S. Department of Agriculture's Food and Nutrition Service program.
According to the federal agriculture agency, the posters are the "primary method utilized to inform customers of their rights that displays information relevant" to federally assisted programs.
The News Service of Florida contacted the U.S. Department of Education and the state agriculture department on Thursday for comment but did not immediately receive responses.
Ryan Dailey reports for the News Service of Florida.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllEx-St. Thomas Univ. Law Professor Sues School Over Firing, Alleging Defamation
4 minute read'It's a Great Day to Be a Gator Lawyer': UF Takes Top Spot on Bar Exam
Judge Says University of Miami Should Face Discrimination Case by Ex-Department Chair
4 minute readTrending Stories
Who Got The Work
Dechert partners Andrew J. Levander, Angela M. Liu and Neil A. Steiner have stepped in to defend Arbor Realty Trust and certain executives in a pending securities class action. The complaint, filed July 31 in New York Eastern District Court by Levi & Korsinsky, contends that the defendants concealed a 'toxic' mobile home portfolio, vastly overstated collateral in regards to the company's loans and failed to disclose an investigation of the company by the FBI. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-05347, Martin v. Arbor Realty Trust, Inc. et al.
Who Got The Work
Arthur G. Jakoby, Ryan Feeney and Maxim M.L. Nowak from Herrick Feinstein have stepped in to defend Charles Dilluvio and Seacor Capital in a pending securities lawsuit. The complaint, filed Sept. 30 in New York Southern District Court by the Securities and Exchange Commission, accuses the defendants of using consulting agreements, attorney opinion letters and other mechanisms to skirt regulations limiting stock sales by affiliate companies and allowing the defendants to unlawfully profit from sales of Enzolytics stock. The case, assigned to U.S. District Judge Andrew L. Carter Jr., is 1:24-cv-07362, Securities and Exchange Commission v. Zhabilov et al.
Who Got The Work
Clark Hill members Vincent Roskovensky and Kevin B. Watson have entered appearances for Architectural Steel and Associated Products in a pending environmental lawsuit. The complaint, filed Aug. 27 in Pennsylvania Eastern District Court by Brodsky & Smith on behalf of Hung Trinh, accuses the defendant of discharging polluted stormwater from its steel facility without a permit in violation of the Clean Water Act. The case, assigned to U.S. District Judge Gerald J. Pappert, is 2:24-cv-04490, Trinh v. Architectural Steel And Associated Products, Inc.
Who Got The Work
Michael R. Yellin of Cole Schotz has entered an appearance for S2 d/b/a the Shoe Surgeon, Dominic Chambrone a/k/a Dominic Ciambrone and other defendants in a pending trademark infringement lawsuit. The case, filed July 15 in New York Southern District Court by DLA Piper on behalf of Nike, seeks to enjoin Ciambrone and the other defendants in their attempts to build an 'entire multifaceted' retail empire through their unauthorized use of Nike’s trademark rights. The case, assigned to U.S. District Judge Naomi Reice Buchwald, is 1:24-cv-05307, Nike Inc. v. S2, Inc. et al.
Who Got The Work
Sullivan & Cromwell partner Adam S. Paris has entered an appearance for Orthofix Medical in a pending securities class action arising from a proposed acquisition of SeaSpine by Orthofix. The suit, filed Sept. 6 in California Southern District Court, by Girard Sharp and the Hall Firm, contends that the offering materials and related oral communications contained untrue statements of material fact. According to the complaint, the defendants made a series of misrepresentations about Orthofix’s disclosure controls and internal controls over financial reporting and ethical compliance. The case, assigned to U.S. District Judge Linda Lopez, is 3:24-cv-01593, O'Hara v. Orthofix Medical Inc. et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250