U.S. Department of Education investigates Tumwater School District over transgender student athlete

The U.S. Department of Education has launched a Title IX investigation into the Tumwater School District after a transgender girl from Shelton played in a high school girls’ basketball game last month.
The Seattle branch of the department’s Office for Civil Rights opened the investigation Friday.
This comes after the Foundation Against Intolerance and Racism, or FAIR, filed a complaint on behalf of a 15-year-old basketball player. The complaint alleges the district discriminated against the player when it “deprived her of a fair athletic opportunity by allowing a male player on an opposing basketball team to compete against the student’s team.”
The "male player" FAIR referenced is a transgender girl and does not identify as male.
By allowing her to play, according to FAIR, the district “forced the student [for whom the complaint was filed] to withdraw from participation in the game,” and has led that student and her brother to be “subjected to intimidation and retaliation.”
This comes weeks after President Donald Trump issued an executive order barring transgender girls and women from competing in women’s sports. FAIR, the organization that filed the complaint, is a national organization that campaigns against diversity and inclusion programs, among others; the organization's website describes itself as “challenging threats to civil liberties from identity-based practices.”
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In response to the complaint, the Washington Interscholastic Activities Association, the state’s governing body for middle and high school sports, said it would wait for legal guidance before making any changes. State Superintendent Chris Reykdal called the order a federal overreach that “directly contradicts” state laws prohibiting discrimination on the basis of gender identity.
Existing guidance from the Office of Superintendent of Public Instruction says “schools are required to allow all students, including transgender and nonbinary students, the opportunity to participate on the interscholastic sports team that most closely aligns with their gender identity.”
On Monday, a spokesperson in Reykdal’s office said they’re “concerned” by the investigation and will be monitoring it closely, but will not be changing that guidance “unless the law changes.”
Acting Assistant Secretary for Civil Rights Craig Trainor said in a news release Monday that the investigation “demonstrates that the Trump Education Department will vigorously enforce Title IX to ensure men stop competing in women’s sports.”
“If Washington wants to continue to receive federal funds from the Department, it has to follow federal law,” he wrote.
In a statement Monday, the Tumwater School District said officials “take this matter seriously and are committed to working with OCR to address the concerns in the complaint.”
“Our priority has always been to create a safe, welcoming, and inclusive learning environment for all students, families, and staff,” a spokesperson wrote. “While we cannot discuss specific details due to confidentiality requirements, we take all concerns seriously and remain dedicated to continuous improvement in our schools.”
The district received notice of the investigation a day after the school board voted to support two proposals the Washington Interscholastic Activities Association is considering that would limit how transgender youth can participate in sports.
RELATED: Trans students could be banned from competing in girls’ sports in Washington state
One proposed rule change would prohibit transgender girls from participating in girls’ sports. The other would create a separate co-ed division that trans students could compete in instead. The WIAA assembly is expected to vote on these proposals in April.
Current WIAA policy allows trans students to participate in sports programs consistent with their gender identity. The policy was the first of its kind in the nation when it was established in 2007.