KATY, Texas – Jarred Burton is the president of Tompkin High School’s ‘Gay Straight Alliance’. The group formed two years ago but leading it has become more challenging in recent months.
“We can still operate, but we definitely have to be more careful,” said Burton.
Burton is referring to the Katy Independent School District’s gender fluidity policy passed by the school board in August. In a 4-3 vote, board members approved requiring teachers to notify parents if their child comes out as transgender or asks to use different pronouns in school.
SEE ALSO: Katy ISD parents/students, what are your thoughts or questions on Title IX? Ask them here
Since that vote, another group Burton belongs to has filed a formal Title IX complaint with the U.S. Department of Education’s Office of Civil Rights challenging the policy.
Students Engaged in Advancing Texas filed the complaint in November. The group’s co-founder Cameron Samuels, a Katy ISD graduate, in the complaint asks the department for a ‘complete repeal’ of the policy along with “counseling and direct resources for supporting students affected by the policy.”
The complaint claims the district’s policy violates students’ rights under Title IX of the Education Amendments of 1972, which prohibits discrimination “on the basis sex, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
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KPRC 2′s Rilwan Balogun reached out to the district, but they did not respond because of winter break. Balogun spoke with Board President Victor Perez who declined to comment, because he said the district hasn’t been notified of the complaint.
Law professor at South Texas College of Law Houston, Ryan Nelson, believes the group has a case.
“I read the complaint, I think it’s strong,” said Nelson. “Katy ISD’s policy violates Title IX in several ways, most strikingly by requiring K through 12 teachers and other school staff to out transgender students and adolescences to their parents, even if the teacher has no idea whether the parents might abuse the student when they get home from school.”
Nelson looked at the district’s recent budget and said if the U.S. Department of Education moves forward with the complaint, the millions the district gets from the federal government is at risk.
“The Department of Education receives about 10,000 Title IX complaints annually, and those complaints regularly result in school districts, just like Katy ISD, voluntarily agreeing to policy changes, train teachers and staff, or allow for federal monitoring,” said Nelson. “But if the school district refuses to voluntarily comply with the law, the Department of Education can refer the school district to the Department of Justice to initiate litigation against the school district to terminate its federal financial assistance.”
According to the Department of Education’s Office of Civil Rights, once they receive a complaint, officials will determine if it warrants ‘further processing’ to see if the office has “legal authority to investigate the complaint; that is, whether the complaint alleges a violation of any of the laws OCR enforces.” If it does, the department will open an investigation and notify the school district and the person who filed the complaint.
During the investigation, the Office of Civil Rights and its investigators are ‘neutral fact finders.’ The office “will collect and analyze relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that the actions it takes in investigations are legally sufficient, and that its determinations are support by the evidence.”
However, at any time during the investigation, the parties involved can resolve the issue before the Office of Civil Rights completes its investigation.
There’s no indication how long the legal process surrounding the Title IX complaint will take. In the meantime, student groups like Burton’s will continue fighting.
“These policies aren’t making students not trans,” Burton said. “It’s making them unsafe.”