Title IX Resolution Passes at SDIRC 4-1. Board Votes to Stand on Principle - Protecting Female Students & Their Inherent Rights
One lone board member cowers to Biden Administration threats of federal funding loss over principle. Candidate and board members reacts. Resolution's full-text provided.
On Monday night, the school board voted 4-1 to pass the Title IX Resolution presented by Jackie Rosario. The School District of Indian River County is the second state district that has voted to wait on implementing any changes to school policies until a federal court case challenging the Biden Administration rule changes to Title IX is resolved. Attorney General, Ashley Moody, joined Florida to a suit to strike down the new Title IX rule that expands the definition of ‘sex’ beyond biology into gender identity. The suit includes Alabama, Georgia, South Carolina as well as various advocacy organizations.
Reached for comment, Ms. Rosario said, “I’m grateful the board took a stand against the proposed changes and voted 4-1 to protect girls and women in school and in the workplace environment.”
The lone holdout was Dr. Peggy Jones. Sticking with the Biden Administration agenda and citing the threat of the federal government possibly pulling school funding, she voted against the resolution. Candidate Rob MacCallum, who is challenging for Jones’ seat, put out a statement after the passage. In part, Mr. MacCallum says, “I am grateful to the members of the school board that took a stand and voted 4-1 to protect our girls both on the field and in the locker room. The one vote of “nay” was from Doc Peggy Jones, the other candidate in my district. I was surprised that she voted against taking the stand because she wanted to be mindful of diversity, equity and inclusion. She has been an advocate for women’s sports for years so why change your views now?”
Dr. Jones detailed her work in Illinois and Florida regarding Title IX before she decided to throw away her support by siding with the Biden Administration. Dr. Jones has often taken the lead of the Biden Administration on policy positions at the school board. She sought to implement the recommendations of the White House and the National School Board Association (NSBA) to limit citizens from participating in their government at school board meetings. The documented NSBA collusion, which included a letter to the Biden Administration comparing parents to “domestic terrorists,” resulted in 26 states removing funding or entirely dropping out of the organization. Dr. Jones’s proposal to limit public comment over invalid safety concerns never made it out of discussion.
In July of 2023, after Vice President, Kamala Harris, falsely accused the DeSantis Administration of wanting to teach that “slaves benefit from slavery” through their African American History Standards, Dr. Jones picked-up the false narrative and launched her re-election campaign on her petition to the Florida Department of Education. Dr. Jones wanted the board to stand in opposition to the standards based on a lie, ignoring the actual language in it, and, the 4 African American doctoral scholars on the committee who helped write, and later, publicly defended the standards.
On May 7th, Sarasota County School Board voted 4-1 in favor of a similar resolution. It was noted in their lengthy discussion that well over a 1000 emails were received at their district in support of the resolution asking board members “to stand against the Biden Administration,” remarked their school board chair, Karen Rose. Back home in Indian River, during the discussion of the resolution, Ms. Rosario said, “I know that there are other board members in other districts just waiting and they are watching us. They are wanting to do the same things, and they are feeling a little leery about making those decisions. But, sometimes you just have to stand up for what is right.”
Board member, Kevin McDonald remarked, “President Biden has eviscerated women's protections and benefits in Title IX. We are so fortunate for our courageous governor who is standing up against this. Every School Board member, except Peggy Jones, has voted to protect girls and support Florida's stand against allowing boys in girls locker rooms and sports.”
Mr. McDonald is challenged by David Dyer who endorsed Dr. Jones and gave a $1000 maximum contribution to her campaign, even though Mr. Dyer says he supports the Governor. Dr. Jones is on DeSantis’ list to replace 13 school board seat holders. They are targeted because they ”do not protect parental rights and have failed to protect students from woke ideologies,” said DeSantis in 2023. The rewritten rule in Title IX changes terms to comply with the modern woke ideologies of the transgender movement.
The passed resolution sticks to the original Title IX language and definition of terms that have allowed women and girls to thrive in athletic competition, education and the workplace. In her moving account during the discussion, Teri Barenborg shared how at age 12, Title IX passed and gave her athletic opportunities to play baseball growing up in New York. She learned the sport from her father who played professionally in the Yankees organization. Very athletically talented, she was never allowed to compete in baseball because she was a girl. That all changed for Mrs. Barenborg in 1972. Sharing how she was the first girl in New York to play in a male dominated Babe Ruth league was a similar story of many women who forged ahead with the support of family and communities to establish equality for women at all levels in society through Title IX. She remarked how her collegiate education centered around science and physical education because of the direct influence of Title IX giving access to opportunity. Ms. Rosario remarked, “Title IX is incredibly important. Changes to Title IX are set to begin in August, but they are an extreme departure from the original intent of Title IX in 1972, which set out to protect girls and women in sports, and in the workforce from discrimination, sexual harassment, assault, and adverse treatment.”
FULL TEXT OF THE RESOLUTION (as adopted):
RESOLUTION - “TITLE IX POLICY AND PROCEDURAL HOLD”
THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA RESOLUTION 2024-09
A RESOLUTION OF THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA TO COMMIT THAT NO POLICY OR PROCEDURAL CHANGES SHALL OCCUR OR BE CONSIDERED IN RESPONSE TO THE APRIL 19th, 2024 TITLE IX RULE CHANGES.
WHEREAS, the School Board of Indian River County is made up of five duly elected Constitutional Officers, each whom swore an oath to uphold, protect, & defend the laws of the United States of America, and The State of Florida; and
WHEREAS, the United States Department of Education released a final rule, making significant changes to the regulations implementing Title IX, that run afoul of Federal and State Laws; and
WHEREAS, Title IX, enacted by Congress in 1972, provides that “no person in the United States 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 receiving Federal financial assistance.” 20 U.S.C. §1681(a); and
WHEREAS, Title IX was passed to ensure that females and males receive equal educational opportunities. 20 U.S.C. §1681(a)(2) (referring to “both sexes”); and
WHEREAS, Title IX refers to biological sex, which, like race and national origin, is an immutable characteristic that cannot be changed, fluid, or altered; and
WHEREAS, the United States Department of Education’s unlawful attempt to redefine “Sex” to include “Gender Identity” would have disastrous emotional and safety impacts to girls and women in restrooms, locker rooms, and sports; and
WHEREAS, The Governor and Attorney General of the State of Florida have enjoined a federal lawsuit on April 29th, 2024 challenging the constitutionality of the United States Department of Education’s recent changes to Title IX, and
WHEREAS, The Commissioner of Education of the State of Florida, at the direction of the Governor of the State of Florida, has instructed that “no education institution should begin implementing any changes while legal challenges ensue.”
NOW THEREFORE BE IT RESOLVED the School Board of Indian River County, Florida, in a public meeting duly called and assembled:
1. 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;
2. Affirms that inherent biological differences and abilities exist between the biological males and biological females and commits to protecting female sports;
3. Commits to ensuring the safety, privacy and protection of all students, and acknowledges the importance of single sex facilities such as bathrooms and locker rooms;
4. 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;
5. Supports the State of Florida’s legal challenge of the United States Secretary of Education and the United States Department of Education’s rule changes to Title IX;
6. Commits that no policy or procedural changes shall be considered or implemented while legal challenges ensue, and hereby acknowledges the paramount duty of the District to make adequate provisions for the education of all children residing within its borders.
NOW THEREFORE, BE IT PROCLAIMED AND FURTHER RESOLVED that this Resolution be spread upon the minutes of the School Board of Indian River County, Florida.
PASSED AND DULY ADOPTED, at a public meeting the ____ day of _____________, 2024. Signed on behalf of the District School Board of Indian River County, Florida by:
_______________________________ Teri L. Barenborg, Chairman
_______________________________ Dr. Gene Posca, Board Member
_______________________________ Kevin McDonald, Board Member
_______________________________ Dr. Peggy Jones, Vice-Chairman
_______________________________ Jacqueline Rosario, Board Member
______________________________________ David K. Moore, Ed.D., Superintendent of Schools
Good for the Board for Standing Up for the Rights of Our Children. Please remember the lone “nay” when Election time comes around.