Wake assures protections after dropping Biden Title IX rules for LGBTQ+ students
Wake County is keeping gender identity in its anti-discrimination policies and says transgender students can still use the school bathroom of their choice, despite dropping Biden-era Title IX regulations.
The school board gave initial approval on April 8 and final approval on April 22 to removing wording from its anti-discrimination policies that was added a year ago to provide Title IX protections for LGBTQ+ students.
School leaders say the change was needed because a federal judge struck down the Biden rules, which expanded sex discrimination to cover sexual orientation and gender identity.
But school leaders reiterated that the rights of LGBTQ+ students will still be protected, including allowing trans students to use restrooms that match their gender identity.
Wake’s revised anti-discrimination policy still includes multiple references saying discrimination based on sexual orientation, transgender or gender identity is prohibited.
“It is the expectation of this board and of this school district that no child will be harassed or bullied in our schools for any reason,” said board member Lynn Edmonds. “That includes LGBTQIA+ students. That includes trans students.
“That includes all students. That is our expectation and these changes with Title IX does not change that.”
Board splits on LGBTQ+ grant
The policy change came the same night that the board voted 7-2 to allow schools to apply for the It Gets Better Grant, which “seeks to support secondary school-based projects that empower LGBTQ youth in all 50 states.” Board members Cheryl Caulfield and Wing Ng opposed the grant.
Caulfield said It Gets Better “promotes” drag, gender dysphoria and gender ideology. She said such grants will put Wake at risk of losing federal funding from the Trump administration, which has targeted diversity, equity and inclusion programs and initiatives.
“Why does this board want to convince children that they’re not perfect how they are?” said Caulfield, who recently announced plans to run for a seat in the state Senate.
Board member Sam Hershey defended the grant, saying he had “great faith” in the staff’s reasons for applying for the opportunity. Hershey said the grant will help promote student leadership.
“I understand that some people have political ambitions and maybe it’s a good topic to try to beat against,” Hershey said. “But I view it as leadership.”
Biden expanded definition of sex discrimination
Title IX is the federal statute that bans sex discrimination in institutions that receive federal education funding.
Citing the potential loss of federal money, the Wake school board voted in July to revise its anti-discrimination policies to adopt the Title IX rules
But even before the change last year, Wake had included sexual orientation and gender identity in its anti-discrimination policies.
Several states and groups such as Moms for Liberty challenged the Biden Title IX rules in court. In January, a federal judge struck down Biden’s Title IX rules.
President Donald Trump has also disavowed the Biden Title IX rules and signed an executive order threatening to withhold federal funding from schools that promote “gender ideology.”
On Friday, the U.S. Department of Education and the U.S. Department of Justice announced a new joint Title IX Special Investigations Team that will take action “when women’s sports or spaces are threatened.”
Wake keeping gender identity in policy
Neal Ramee, an attorney for the Wake school board, said the district needs to comply with federal regulations by rescinding last year’s Title IX additions. But Ramee also told a school board committee on March 25 that they can still retain their broader anti-discrimination wording in the policy.
“Gender identity discrimination can still be prohibited by local policy,” Ramee said. “It’s not a violation of Title IX by any stretch. It just wouldn’t be covered under the current Title IX rules.”
During public comment on Tuesday, Joseph Deaton questioned leaving gender identity in the policy. He said Wake should not be aiding students in “social transition.”
“True compassion tells the truth,” Deaton said. “Does inclusion of transgender and gender identity mean that girls will lose opportunities or get hurt in sports?”
Grimm bathroom case governs NC schools
Multiple questions were raised at last month’s committee meeting whether the policy change would impact school bathroom access for transgender students.
“You cannot deny transgender students access to the bathroom associated with their gender identity.” Ramee said.
Ramee cited the case of Gavin Grimm, a transgender Virginia high school student who sued after not being allowed to use the school restroom that matched his gender identity.
In 2020, the U.S. 4th Circuit Court of Appeals ruled in favor of Grimm. The U.S. Supreme Court decided not to hear the appeal, which let the lower court ruling stand.
Unless the ruling is overturned, Ramee said it’s a “fixed point in law.” Rulings by the 4th Circuit apply to the states of Maryland, North Carolina, South Carolina, Virginia and West Virginia.
“The court in the Grimm case held that denying access for transgender students to the bathroom associated with their gender identity violates their rights under Title IX — the statutes and the U.S. Constitution,” Ramee told the board. “You have no choice but to comply with that because that’s a binding court order.”
Last month, state Senate Republicans filed a bill requiring that bathrooms in places such as public schools “shall only be used by one designated biological sex at one time,” The News & Observer previously reported.
If passed, the bill would allow someone who “encounters a person of the opposite biological sex” in a facility covered by the bill to bring a lawsuit against that facility.
This story was originally published April 8, 2025 at 7:40 PM.
