Louisiana’s local education agencies should heed State Superintendent of Education Cade Brumley’s advice to disregard new and radical rulemaking from the federal Department of Education that likely is unconstitutional that conflicts with present and likely Louisiana law.
Last week, the Democrat Pres. Joe Biden Administration released its recodification of Title IX of the Education Amendments of 1972, which lays down rules to which state-regulated (because the U.S. Constitution grants states the power to regulate education provision) education provision must adhere in order tor receive federal grants. The sweeping and unprecedented changes it had telegraphed with its initial filing last year and reinvented Title IX only four years after substantial revision had occurred.
The purpose was to expand coverage, despite the clear wording of statute denying that, of nondiscriminatory classes, redefining “sex” to, among other things, “sexual orientation” and “gender identity.” It tried to justify this deviance by referring to a U.S. Supreme Court decision in an unrelated area of law, and almost certainly is unconstitutional for that overreach. Any attempt to deny funding for not following the rule if challenged would lead to the regulation’s overturn by the judiciary.