Trans athlete policies in 4 WA school districts face scrutiny from feds

Federal investigators are examining whether four Washington school districts violated Title IX by allowing transgender girls to participate in girls’ sports, as state and federal policies continue to clash. File photo

The Vancouver School District said it is reviewing the allegations, but otherwise declined to comment

Jake Goldstein-Street
Washington State Standard

Four Washington school districts are under federal investigation for reportedly allowing transgender girls to compete in girls’ sports, escalating long-simmering tensions between the Trump administration and the state over the issue.

The U.S. Department of Education launched the probes Wednesday into the Tacoma, Vancouver, Cheney and Sultan school districts in response to complaints. Across the country, 14 other districts, colleges and state education departments face similar new investigations.

The Trump administration began at least two inquiries in Washington last year on related issues. One targeting the state’s Office of Superintendent of Public Instruction.

According to the Department of Education, Cheney allegedly allowed a trans girl to compete on the girls’ track team; Sultan let a trans girl on the volleyball team; Tacoma allowed a trans girl into “female intimate spaces” and onto sports teams; and Vancouver allowed a trans girl on the girls’ bowling team.

The Vancouver district said it is reviewing the allegations, but otherwise declined to comment. A Cheney spokesperson also declined, but said the district plans to cooperate with the federal agency’s probe. Tacoma and Sultan didn’t respond to a request for comment.

Enacted in 1972, Title IX prohibited sex-based discrimination in schools receiving federal funding. The civil rights law increased the participation of female student athletes, and also provided an avenue for girls and women to bring complaints of sex discrimination.

“Time and again, the Trump Administration has made its position clear: violations of women’s rights, dignity, and fairness are unacceptable,” said Assistant Secretary for Civil Rights Kimberly Richey in a statement. “We will leave no stone unturned in these investigations to uphold women’s right to equal access in education programs — a fight that started over half a century ago and is far from finished.”

WA Initiative, U.S. Supreme Court cases

Voters in Washington will likely get to weigh in on the issue this November.

An initiative from the conservative Let’s Go Washington political committee looks to block transgender girls from competing in girls’ sports. Democratic leaders in the state Legislature said last week they wouldn’t take up the measure, leaving it to voters if state officials confirm the initiative got the required signatures.

A conservative legal firm on Monday demanded the Legislature hold a hearing on the initiative, arguing that declining to do so is unconstitutional. Top Democrats in the Legislature, including House Speaker Laurie Jinkins, D-Tacoma, were not swayed.

This week, the U.S. Supreme Court heard arguments on state laws in Idaho and West Virginia that ban transgender athletes from playing for women’s and girls’ sports teams. The conservative majority on the court appeared likely to uphold the bans.

Simmering issue

As with many issues, Washington has been at odds with the Trump administration on the participation of transgender athletes.

Some school districts have filed complaints with the Department of Education to intervene to force the state to comply with new federal policy on the matter. At the time, they said they were in a difficult position to either follow state law and jeopardize federal funding, or follow President Donald Trump and risk punishment from the state.

The administration has argued athletes assigned male at birth have physical advantages that disadvantage and pose safety risks for female athletes. Despite threats from Trump and an executive order, Washington has stuck with its policy allowing trans athletes to participate.

“Washington state law prohibits discrimination on the basis of gender identity, and school districts are acting in alignment with state law when they provide trans students with the opportunity to participate in athletics in alignment with their gender identity,” state Office of Superintendent of Public Instruction spokesperson Katy Payne said in an email.

In March, the Department of Education announced it was investigating the Tumwater School District after a 15-year-old girls’ basketball player said she sat out a game “for fear of her safety” because a player from the opponent, Shelton High School, was trans, according to the department. A Tumwater spokesperson said Thursday the district hadn’t heard any updates on the case.

The agency also launched an investigation into the state superintendent’s office over gender inclusion policy. The federal government alleged the state policy conflicted with federal law.

In April, the Washington Interscholastic Activities Association voted down two proposals related to trans athletes. The association sets policy for school sports in the state.

One would have barred trans girls from participating in girls’ sports. Another would have created a separate division where trans athletes can compete.

This report was first published by the Washington State Standard.