Press Releases

WASHINGTON – Today, Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) and Education and the Workforce Committee Vice Chair Mary Miller (R-IL) sent a letter to Department of Education Secretary Miguel Cardona raising concerns about a Wisconsin school district’s Title IX policies after it was reported that a male student—claiming to be female—was permitted to shower with female students. The report indicates that the female students immediately left the locker room after the male student exposed his genitalia to them. The Members are calling on the Department’s Office for Civil Rights to open a Title IX investigation or compliance review of the school district to determine what Title IX policies and procedures the district had in place and whether or not they were followed.

In the letter, Foxx and Miller write: “In short, it is unclear whether written Title IX policies and procedures were in place at the time of the incident, and if so, whether they were well publicized. There is confusion and uncertainty at every point.”

The letter continues: “While it remains unclear whether any Title IX investigation was initiated - even where clearly warranted by the facts - it is clear the school took some action following the incident. On April 10, the senior principal emailed one of the parents a one-page guidance document titled ‘Restroom and Locker Room Accessibility Guidance’ (‘Guidance’). The Guidance allows male students to use and shower in the women’s locker room, with no regard for the privacy of young women.”

Foxx and Miller conclude: “Based upon the text of the Guidance (i.e., it permitted the male student to access the women’s locker room), it certainly appears to be based on the Department’s misguided interpretation of Bostock v. Clayton County, which held that an employer who fires someone for being transgender violates Title VII of the Civil Rights Act. … [T]he Department’s interpretation continues to endanger women by putting their rights and needs second to the political agenda of the Biden administration.”

To read the full letter, click here.