School Board Member, Jackie Rosario Proposes Title IX Resolution

In the wake of Biden Administration changes to Title IX, Ms. Rosario proposes a policy and procedural hold while the State of Florida takes legal action.

Today’s released school board agenda for the May 20th business meeting includes a proposed Title IX resolution presented for vote by District 2 board member, Jacqueline Rosario.  If passed, the school board through the resolution affirms, “that ‘sex’ is defined as biological male or biological female as determined at birth, and is an immutable characteristic that cannot be changed, fluid, or altered.”

The changes the Biden Administration made to Title IX have to do with redefining sex as “gender identity” and not an immutable biological characteristic. Furthermore, in the cases of discrimination brought under a Title IX complaint, the Biden Administration has returned to what is known as a”single-investigator” process. Like confusing the definition of sex, the Department of Education also lowered the standard of defense against a Title IX complaint. The single investigator will be the fact finding agent and the decision maker as well as being able to dispense with live hearings, cross examination of evidence, and, expert testimony. These changes are a reversal of the 2020 standards implemented by the Trump administration. 

Reached for comment, Ms. Rosario said, “The changes to Title IX are very concerning. A major purpose of Title IX was to provide protection for biological women in sports, and in the workforce against harassment or discrimination. And now, these new changes are antithetical to its original intent.”

Indeed, Ms. Rosario’s proposed resolution not only affirms the immutable characteristic of biological sex, but goes further in understanding that physical differences and abilities exist, commits to protecting female sports, acknowledges single sex facilities to ensure the safety, privacy and protection of all students, and, “provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity within Indian River County Schools.”

Indian River Moms for Liberty chairman, Jennifer Pippin stated, “These changes, which redefine 'sex' to include 'gender identity,' not only compromise the safety and privacy of students, but also undermine the very essence of parental rights in education.”

Many states, including Florida are forced to choose between their own state law and Title IX’s newly defined protections for transgender students. At stake on the collegiate level is about $13 billion in federal funding in multiple states. At the local level, funding in Title 1 schools is around 5% of the overall budget. However, the items include nutrition and other essential provisions for students attending those schools. Pippin continued, “After the community removed the LGBTQ administration guide 2 years ago, we should be able to stick to what the majority stated in that debate and follow the community’s standards.”

On April 24th Florida Department of Education Commissioner, Manny Diaz, sent a letter addressed to all Superintendents and Charter School Leaders. In it he commented, “Florida will fight this. At Governor Ron DeSantis’ direction, no educational institution should begin implementing any changes.”    

Commissioner Diaz added, “the Biden Administration maims the statute beyond recognition in an attempt to gaslight the country into believing that biological sex no longer has any meaning.”

Commissioner Diaz noted that the the new Title IX rule violates federal and state law including the First Amendment and Florida’s Parental Rights in Education Act. Ms. Rosario’s resolution commits that no policy or procedural changes will be made in the district until the legal challenges of the US Secretary of Education and the US DOE rule changes to Title IX are resolved. She said,  “It was clear, the State of Florida is suing the US DOE. We are to make no changes until after the courts have rendered a decision. This resolution is very important. It tells the superintendent and the community that we support Florida’s efforts to protect women in a multitude of areas and we will honor the Commissioner’s directive.”

Along with 20 other states and many common sense conservative groups, Florida has joined the legal fight. Attorney General, Ashley Moody joined a suit to block the Title IX rule that was filed by Alabama, Georgia and South Carolina with other groups including Parents Defending Education. At the time of filing on April 27th, AG Moody said, “The rule is really a radical departure from what Title IX was meant to do.”