Grand Canyon Times

PHOENIX – State Superintendent of Public Instruction Tom Horne has advised Arizona school districts and charter schools to seek legal counsel before implementing new federal Title IX guidelines, which are set to take effect on August 1. These regulations have sparked controversy and face multiple legal challenges.

In a letter to school administrators, Horne stated, “This is your choice, but you may wish to delay implementing the new regulations until the legal situation is clarified. If the regulations are implemented and then later overruled by the courts, students may suffer damages in the meantime.”

Horne elaborated on his stance regarding certain policies: “In the past I’ve been asked by districts, as a policy matter, about their consideration of rules permitting biological boys who have male genitalia being allowed in girls’ bathrooms, locker rooms, and showers. My response was that there should be unisex bathrooms available, and if there was no room for them, the faculty bathroom should be used for that purpose. That would preserve the dignity of biological boys who identify as girls. But if they were allowed in girls’ facilities, I thought parents might well remove the girls from the school and send them to another district, Charter School, or private school. So, this rule could significantly injure public education.”

Horne referenced a Louisiana federal court ruling outlining potential consequences if these new regulations are applied: “In Louisiana v. USDOE, the federal court described the impact of the August 1 rule as follows: ‘…requires students to be allowed access to bathrooms and locker rooms based on gender identity [chosen not at birth], requires schools to use whatever pronouns the student requests; and imposes additional requirements that will result in substantial costs to the school.’”

He concluded his letter with a disclaimer: “This is not legal advice. The Arizona Attorney General may disagree… We are a local control state, and it will be up to districts and charters to determine how to proceed in this situation. You need to consult with your lawyer. I am only providing information I think might be useful.”

An example provided in an amicus brief filed with a Texas court highlighted actions taken by local governing bodies against these new guidelines: "The Governing Board of the Dysart District in Arizona adopted a resolution on July 11, 2024 affirming its commitment to pre-Final rule interpretation of Title IX formally affirming that the Final Rule is contrary to statutory text."

The full letter and appendix were attached.