Landmark Title IX Ruling Demands Schools Separate Bathrooms by Sex

A guest post by Beth Ann Rosica

[But first, if you haven’t commented on FTC’s Request for Public Comment Regarding “Gender-Affirming Care” for Minors, please do so soon. At this writing, the number of pro-”GAC” comments exceeds the number of anti ones. FTC’s deadline for submission is September 26, 2025, at 11:59 pm. This link contains all the background information and questions that FTC needs to be answered. Thank you for defending our kids!]

And now to our featured post:

Parents, It’s Time to Act: Landmark Title IX Ruling Demands Schools Separate Bathrooms by Sex — PA Districts Could Be Next

by Beth Ann Rosica

The U.S. Department of Education’s Office of Civil Rights (OCR) issued a significant ruling last month, and the mainstream media are all but ignoring it. The Trump administration investigated five large school districts in the state of Virginia and determined that their policies allowing students to use the bathroom of their choice violated Title IX.

Why is this a big deal? — because a non-trivial number of Pennsylvania school districts have enacted similar policies that are also in violation of Title IX.

OCR announced the findings from the investigation and issued a proposed Resolution Agreement. The districts have ten days to voluntarily agree or “risk imminent enforcement action including referral to the U.S. Department of Justice.”

The resolution requires school districts to restore sanity and includes prohibiting boys from using girls’ bathrooms and lockers rooms.

“The Department of Education’s proposed Resolution Agreement requires the Divisions to take the following actions:

(i) Rescind the policies and/or regulations that allow students to access intimate facilities based on their ‘gender identity’ rather than their sex;

(ii) Issue a memorandum to each Division school explaining that any future policies related to access to intimate facilities must be consistent with Title IX by separating students strictly on the basis of sex, and that Title IX ensures women’s equal opportunity in any education program or activity including athletic programs; and

(iii) Adopt biology-based definitions of the words ‘male’ and ‘female’ in all practices and policies relating to Title IX.”

If these requirements are applied to Pennsylvania school districts, a large number will be forced to make major policy and practice changes. An analysis of the five Southeastern Pennsylvania county school districts revealed that 63 percent were noncompliant with Title IX.

Based on these numbers, it is imperative for parents who are concerned about this issue to file a complaint with OCR. If you live in the Southeast part of the state, refer to the link above where you can see if your school district is in compliance or not.

If you live elsewhere in the state, it is relatively easy to find your district’s policies. Either look on the district website and search for “Board policies” or simply google the name of your district and board policies. Most school districts in Pennsylvania use a platform, “Board Docs” for all their policies. If your district utilizes “Board Docs,” it is very easy to search for the policies. In the “Board Docs” application, there is a search feature. Conduct a search for each of the following key words: “transgender,” “gender identity,” and “Title IX.”

If your district’s Title IX policy includes the term “gender identity” under protected classes, the policy is noncompliant. If your district has a specific “transgender” policy that allows students to use the bathroom based on their ‘gender identity,’ the policy is noncompliant.

Once you determine that your district is noncompliant, file a complaint with OCR by filling out this Complaint Form. OCR is taking these complaints seriously and investigating, so it is imperative that concerned parents take the time to submit.

If you need any help completing the form, feel free to reach out to barosica@broadandliberty.com.

Thank you, Beth Ann, for writing this article for PA4SBR!

If you would like to write an article for PA4SBR, please message us through Substack.

And now for today’s lagniappe from somewhere on the internets: