TALLAHASSEE, Fla. — The State Board of Education approved changes to the Florida High School Athletic Association’s (FHSAA) bylaws on Wednesday, replacing the word “gender” with “sex.” This decision is part of a broader conflict between state and federal authorities regarding Title IX, a law prohibiting sex-based discrimination in educational programs.
READ: FL and the feds teed up for fight over new Title IX rule and school districts caught in the middle
Florida and other Republican-led states are challenging a Biden administration rule that aims to extend Title IX, which bars sex discrimination in education, to include discrimination based on gender identity. The federal rule would broaden the definition of sex discrimination to cover gender identity.
State Education Commissioner Manny Diaz, Jr. stated on Wednesday that he has “directed the institutions under my purview not to take any steps toward implementing these harmful (federal) regulations.” He confirmed that the FHSAA is among these institutions.
The changes to the FHSAA bylaws included an update to the organization’s nondiscrimination policy.
The new policy reads: “The association will not discriminate in its governance policies, programs and employment practices on the basis of age, color, disability, sex, national origin, race, religion, creed, or educational choice. Each school is responsible to determine independently its own policies regarding nondiscrimination.”
In recent years, Florida and other Republican-led states have passed restrictive measures focusing on transgender people, including regulations on bathroom usage, changing licenses, and participation in sports teams based on gender identity.
READ: LGBTQ+ advocates denounce new Florida bill nicknamed, ‘what is a woman’ by sponsor
During the education board meeting in Miami, Crystal Etienne, a Miami-Dade County teacher, criticized the FHSAA bylaw changes.
“Do you think a child is living through this scrutiny to be their true, authentic selves to win at sports? Do you think that’s what is happening in these schools? This is just another way to push the culture wars,” Etienne said. She also warned that non-compliance with Title IX could risk federal funding for Florida schools.
Florida, Alabama, Georgia, and South Carolina filed a federal lawsuit last month challenging the new Title IX rule, arguing that the Biden administration overstepped its authority by including sexual orientation and gender identity in the regulations. An Alabama federal judge will hear arguments for a preliminary injunction against the rule on July 1.
Diaz claimed that expanding the definition of sex to encompass sexual orientation and gender identity would disadvantage girls in sports and educational opportunities.
However, the U.S. Department of Education clarified that the rule does not pertain to sports team participation, noting that a separate rule would be issued for that matter.
“The department intends to issue a separate final rule to address Title IX’s application to sex-separate athletic teams,” one of the documents stated.
The ratification of FHSAA bylaws by the State Board of Education is a new requirement, established by a law passed last year to provide oversight.
Board of Education Chairman Ben Gibson commented, “A bylaw adopted by the (FHSAA) Board of Directors does not take effect until it is ratified by the State Board (of Education), allowing us to have a little bit of oversight but also have a great dialogue with the FHSAA.”
Additionally, the board approved changes allowing student-athletes to continue playing sports even if they graduate early.
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