Jeffco Public Schools in Colorado going to court over Title IX dispute with Department of Education
The Jefferson County School District in Colorado is taking its dispute with the federal government over school policies to court after becoming the target of a federal Title IX investigation.
Title IX is a federal law that prohibits sex-based discrimination in educational programs and activities that receive taxpayer dollars.
The district recently filed a lawsuit seeking clarification on how to comply with what it says are conflicting state and federal requirements regarding transgender students.
"Even though it was a hard step to take, I think the board decided it was important enough to go to court," said Tim Heaphy, a Washington, D.C.-based civil rights attorney hired by the district.
Heaphy is representing Jeffco Public Schools in its dispute with the U.S. Department of Education's Office for Civil Rights.
The Office for Civil Rights alleges the district is violating Title IX by allowing transgender girls to participate on girls sports teams, use girls bathrooms and share overnight accommodations with female students based on gender identity rather than biological sex.
Jeffco Public Schools denies those allegations and maintains its policies comply with Colorado anti-discrimination laws which prohibit discrimination of transgender students.
"Around the country there have been various inconsistent opinions about the scope of Title IX and whether it does or doesn't protect gender identity," Heaphy said.
He argued the dispute is not a question of whether federal law supersedes state law.
"Federal law is uncertain. The state law is not uncertain. It's very clear, and Jeffco is abiding by that provision," he said. "We are asking the judge to essentially affirm what Jeffco is doing is consistent with law," Heaphy added.
At stake is approximately $50 million in federal funding that the Office for Civil Rights has threatened to withhold if the district does not comply with its recommendations.
"To be clear, they haven't taken that step, but we don't want to wait for it to happen and then seek to undo it. We want to try and prevent it in advance," Heaphy said.
When asked about the lawsuit, the U.S. Department of Education said it does not comment on ongoing investigations.
The potential cost of litigation was a primary concern raised by school board members before deciding to move forward with the lawsuit, particularly after the district cut millions of dollars from its budget earlier this year.
A copy of the district's contract with Heaphy's law firm shows multiple attorneys will bill at a combined rate of $400 per hour. The agreement states that rate is discounted from the attorneys' standard hourly rates of $2,400 and $1,600 per attorney.
