School Funding

Resolution to Help Parents, Schools, and the District Reject Harmful, Coercive, and Restrictive Gender Identity Policies and Protect School Lunch Programs and Federal Funding Subject to Title IX

**The following resolution was adopted by the SREC at their 3rd Quarter 2022 meeting, held on September 24, 2022.

WHEREAS, Title IX of the Education Amendments of 1972 was enacted to ensure that “No person in the United States shall, by reason of sex, be excluded from participation, denied benefits, or subjected discrimination under any educational program or activity receiving federal financial assistance”; and

WHEREAS the original and existing Title IX regulations recognize “physiological differences between the male and female sexes”; and

WHEREAS, on June 23, 2022, the United States Department of Education (USDOE) released proposed amendments to Title IX regulations that would contradict the plain language of the law; and

WHEREAS, the proposed regulation would prohibit schools that receive federal funds, including public, charter, private and parochial schools, from “adopting a policy or engaging in a practice that prevents a person from participating in a program or to an educational activity compatible with one’s gender identity”, thus forcing schools to deny biological reality; and

WHEREAS, under the proposed rules, actions such as a student or staff member using a child’s legal name and biological pronouns rather than the child’s preferred name and pronouns could be considered a form of “sexual harassment,” subjecting schools and staff to civil litigation and loss of federal funds; and

WHEREAS, the proposed regulation would require K-12 schools to socially transition minor children to a different gender without requiring parental notification or involvement; and

WHEREAS Texas law, the United States Constitution, and case law recognize the right of parents to direct the upbringing, education, and physical and mental health of their children; and

WHEREAS, under the proposed rules, schools would be required to grant access to gender-segregated toilets and changing rooms based on gender identity rather than biological sex, which would expose girls and women at increased risk of harassment and sexual assault by men who claim a female identity; and

WHEREAS, USDOE’s proposed athletics regulations would require sports teams to be based on gender identity rather than biological sex, forcing women and girls to compete unfairly against men for sports opportunities and scholarships; and

WHEREAS Governor Greg Abbott signed into law the Save Women’s Sports Bill (HB 25) which states that an athlete’s gender assigned at birth determines whether a student plays in girls’ or boys’ sports in high school; and

WHEREAS, in guidance issued on May 5, 2022 and in a rule promulgated on June 14, 2022, the United States Department of Agriculture announced that it will interpret the prohibition of sex discrimination in Title IX and the Food and Nutrition Act 2008 to include discrimination based on gender identity; and

WHEREAS Texas public schools, private non-profit schools, and residential child care facilities may now be forced to choose between adopting gender identity policies or foregoing federal funding to provide free or discounted grants; now

THEREFORE BE IT RESOLVED that the Republican Party of Texas declares its unequivocal opposition to the proposed regulatory changes released by the United States Department of Education on June 23, 2022; and

BE IT FURTHER RESOLVED that the Republican Party of Texas support the lawsuit filed by Texas Attorney General Ken Paxton and 21 other state attorneys general seeking to strike down newly enacted Department of Agriculture rules that bind continued receipt federal nutrition assistance and other funding subject to Title IX to the adoption of gender identity policies; and

BE IT FURTHER RESOLVED that the State’s Republican Executive Committee direct the President to issue a press release notifying the public, media and Texas Congressmen of this resolution upon its passage.