This story was originally published in Issue 22, Volume 53 of the print version of The Talon, March 7th 2025. Many aspects of this story have developed and changed since publication.
In light of recent local events, including a Tumwater School District Board decision to vote to approve proposed WIAA amendments, questions have been raised regarding the contradicting federal and state laws surrounding transgender students participating in sports.
The U.S. Department of Education
On Friday, February 28, the U.S. Department of Education’s Office for Civil Rights’ Seattle Branch opened an investigation into the Tumwater School District (TSD) amid allegations that it violated Title IX by allowing assigned male at birth athletes to compete in girls’ interscholastic athletics. “OCR’s (Office for Civil Rights) directed investigations of educational institutions, state boards of education, interscholastic associations, and school districts demonstrate that the Trump Education Department will vigorously enforce Title IX …” said Craig Trainor, Acting Assistant Secretary for Civil Rights. “If Washington wants to continue to receive federal funds from the Department, it has to follow federal law.”
The U.S. Department of Education further wanted to reiterate in their recent statement that state laws do not override federal antidiscrimination laws, and schools remain subject to Title IX and its implementing regulations so long as they receive federal funds.
What is the federal law regarding this issue?
Trump’s executive order on February 5th states, “…under Title IX of the Education Amendments Act of 1972 (Title IX), educational institutions receiving Federal funds cannot deny women an equal opportunity to participate in sports…Therefore, it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities…It shall also be the policy of the United States to oppose male competitive participation in women’s sports more broadly…”
Trump’s executive order as president technically does not have the authority to issue a ban on trans girls in girls sports, but the U.S. Congress can make the order federal law. The bill currently in Congress, “The Protection of Women and Girls in Sports Act,” would carry out similar requirements as Trump’s order. It has already passed in the House of Representatives but failed in the Senate on Monday.
What is Washington state law?
What complicates this already fraught issue is the conflict between federal executive orders and current Washington State law. Title IX and Washington law require local educational agencies (LEAs) to ensure students are not discriminated against on the basis of sex in interscholastic athletic and recreational programs. In Washington, this means that LEAs 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.
In response to Trump’s executive order, Washington Superintendent of Public Instruction, Chris Reykdal, released a statement on February 6th stating that Trump is “disregarding the rule of law by attempting to unilaterally impose an attack on the specific student groups that anti-discrimination laws aim to protect…Our state law prohibits discrimination on the basis of gender identity, and we will not back down from that. Washington state will do everything in our power to defend the rule of law, states’ rights to establish education policy, and to protect the beautiful diversity of our 1.1 million students and educators. We believe in inclusion over discrimination, and love over hate.”
So then what are the WIAA rules of this situation?
“The WIAA remains committed to following Washington state law,” a WIAA spokesperson said in a statement. “Until the Association sees full language of the executive order and conducts further legal review, its impact on participation in Washington public schools is unknown.”
The Washington Interscholastic Activities Association (WIAA), which organizes and sets policy for high school sports, is set to consider two proposals in April. One is to create a separate athletic program specifically for transgender athletes, and the other is to keep participation in girls’ sports limited to those assigned female at birth. According to Tumwater School District board documents, amendments 7 and 8 to WIAA policy would ensure “that all student athletes, regardless of sex, gender identity, or gender expression, who meet eligibility criteria are allowed to participate in the ‘Boys/Open Category,’ and to maintain fair and equitable competition, participation in the ‘Girls Category’ is limited to students whose biological sex is female.” On February 26th, The Tumwater School Board voted on a resolution that directs administrators and athletics directors to vote yes on these amendments.
Works Cited
“Office for Civil Rights Launches Title IX Investigation into Washington State School District.” Department of Education, 3 March 2025, https://www.ed.gov/about/news/press-release/office-civil-rights-launches-title-ix-investigation-washington-state-school-district. Accessed 6 March 2025.
“State Superintendent Chris Reykdal’s Statement on President Trump’s Order to Discriminate Against Trans Female Athletes.” OSPI, 6 February 2025, https://ospi.k12.wa.us/about-ospi/news-center/news-releases/state-superintendent-chris-reykdals-statement-president-trumps-order-discriminate-against-trans. Accessed 6 March 2025.
Thompson, Jackson. “School district bans trans athletes from girls’ sports as state defies Trump, sparking loud pro-trans chants.” Fox News, 1 March 2025, https://www.foxnews.com/sports/school-district-bans-trans-athletes-from-girls-sports-state-defies-trump-sparking-loud-pro-trans-chants. Accessed 6 March 2025.
Vinson, Ty. “Tumwater school board follows Trump’s order, bans trans girls from playing on girls teams | The Daily Chronicle.” The Chronicle, 1 March 2025, https://www.chronline.com/stories/tumwater-school-board-follows-trumps-order-bans-trans-girls-from-playing-on-girls-teams,376181. Accessed 6 March 2025.
West, Sami. “How will Trump’s ban on trans athletes in girls’ sports impact Washington state?” OPB, 6 February 2025, https://www.opb.org/article/2025/02/06/trump-ban-trans-athletes-girls-sports-washington-state/. Accessed 6 March 2025.