Arizona State Superintendent of Public Instruction Tom Horne has voiced concerns over the rapid implementation of new federal Title IX guidelines, urging schools in a recent letter to seek legal advice before proceeding. According to Horne, the forthcoming changes, which are set to roll out on August 1, could result in legal upheaval and potential harm to students, as they are currently facing multiple lawsuits. The letter, sent to districts and charter school administrators, was forthright in its recommendations. “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 explained, expressing concern that premature enforcement might lead to student damages if the regulations are later overruled by the courts, a situation reported by AZEd.gov.
Horne's letter detailed past inquiries he has received from districts about policies related to transgender student access to facilities matching their gender identity. His stance has been to suggest alternative solutions such as the use of unisex or faculty bathrooms instead of allowing transgender students, who have not undergone gender reassignment surgery, into facilities that match their gender identity, citing concerns over parental reaction and the potential impact on public education. “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 said.
The letter also highlighted recent legal precedent that could come to bear on the matter. Horne made reference to a Louisiana federal court ruling, "Louisiana v. USDOE", which outlined substantial consequences for students and schools related to the updated regulations. The rules demand students be granted access to bathrooms and locker rooms based on their gender identity, and use of personally requested pronouns, and introduce additional requirements with significant fiscal implications for schools. With an eye to these complexities, Horne concluded, “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.”
Furthermore, Horne's letter mentioned an incident where local governance has shown a preference for pre-existing interpretations of Title IX. "The Governing Board of the Dysart District in Arizona adopted a resolution on July 11, 2024, affirming its commitment to the pre-Final rule interpretation of Title IX, formally affirming that the Final Rule is contrary to the statutory text," was an example provided.
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