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The California Interscholastic Federation (CIF) and the California Department of Education (CDE) were found to be in violation of Title IX, the U.S. Department of Education’s Office for Civil Rights (OCR) announced on Wednesday.
The announcement came weeks after transgender high school track and field athlete AB Hernandez won medals in girls’ competitions during the California state championships. The transgender athlete’s participation in the events sparked nationwide outrage, specifically from President Donald Trump after he signed the “No Men in Women’s Sports” executive order, which prohibited transgender athletes from competing against biological girls and women in sports.
“Although Governor Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions,” Education Secretary Linda McMahon said in a statement.
“The Trump Administration will relentlessly enforce Title IX protections for women and girls, and our findings today make clear that California has failed to adhere to its obligations under federal law. The state must swiftly come into compliance with Title IX or face the consequences that follow.”
The Education Department said the CIF and the CDE will have 10 days to agree to the agency’s proposed resolution agreement, part of which stated, “to each female to whom an individual recognition is restored, CDE will send a personalized letter to that girl or woman apologizing on behalf of the state of California for allowing her educational experience to be marred by sex discrimination.”
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Additonally, “The CDE will issue a Notice to all recipients of federal funding (Recipients) that operate interscholastic athletic programs in California requiring them to comply with Title IX. This will specify that Title IX and its implementing regulations forbids schools from allowing males from participating in female sports and from occupying female intimate facilities, and that Recipients must adopt biology-based definitions of the words ‘male’ and ‘female.’
“The CDE and CIF will rescind any guidance that advised local school districts or CIF members to permit male athletes to participate in women’s and girls’ sports to reflect that Title IX preempts state law when state law conflicts with Title IX.
“The CDE will require each Recipient and CIF to submit to CDE an annual certification that the Recipient and CIF have complied with Title IX. Accordingly, CDE will also propose to OCR a Monitoring Plan to ensure that Recipients are fully complying with Title IX.”
The U.S. Department of Education and the Justice Department’s Title IX Special Investigations first started its probe into the CDE on April 4.
Fox News Digital reached out to Newsom, the CIF and CDE for comment.
Newsom previously talked about transgender participation in girls’ sports back in March with prominent conservative Charlie Kirk.
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“The young man who’s about to win the state championship in the long jump in female sports, that shouldn’t happen,” Kirk said. “You, as the governor, should step out and say no. Would you do something like that? Would you say no men in female sports?”
“I think it’s an issue of fairness. I completely agree with you on that. It is an issue of fairness — it’s deeply unfair,” Newsom told Kirk. “I am not wrestling with the fairness issue. I totally agree with you.”
Kirk pressed Newsom on whether he would condemn the athlete in question from Jurupa Valley High School after the athlete won another event at the time. Newsom did not directly address the win but said “it’s a fairness issue.”
“So, that’s easy to call out the unfairness of that,” he said. “There’s also a humility and a grace. … These poor people are more likely to commit suicide, have anxiety and depression. And the way that people talk down to vulnerable communities is an issue that I have a hard time with as well.
“So, both things I can hold in my hand. How can we address this issue with the kind of decency that I think, you know, is inherent in you but not always expressed on the issue?”
Newsom further explained his point of view in a press conference on April 2 when asked whether there should be a law to prohibit males from competing in girls’ and women’s sports.
“And I’m about as transparent about this as anybody out there, particularly in my party, on this, and to the extent someone can and do it in a way that’s respectful and responsible and could find a kind of balance, then I’m open to that discussion. … You’re talking about a very small number of people, a very small number of athletes, and my responsibility is to address the pressing issues of our time.
“And this, I think, has been colored in and weaponized by the right to be 10 times, 100 times bigger than it is and so my focus is on a myriad of other issues in this state. And to the extent that someone could find that right balance, I would embrace those conversations and the dignity that hopefully presents themselves in that conversation, meaning the humanity around that conversation, not the politics around that conversation.”
McMahon said in an appearance on “Fox & Friends” that California would be at risk of losing its federal funding for its K-12 schools if the requirements are not met.
“It’s interesting to hear Governor Newsom say it’s a matter of fairness,” McMahon said. “It’s easy. Talk is cheap. I think he needs to put his money where his mouth is.”
Riley Gaines cheered the Education Department’s decision.
“Today’s decision is a long-overdue victory for women and girls,” Gaines said in a statement to Fox News Digital. “California knowingly violated Title IX, and the Department of Education is right to hold them accountable. Restoring titles, records, and dignity to female athletes is just the beginning.
“I applaud Secretary McMahon and the Trump administration for standing up for women and girls everywhere. I hope more blue states are next.”
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