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Title IX Facts

This is a series of articles on Title IX facts we are writing in support of our Title IX complaint against Chris Reykdal and Bob Ferguson.

Why your School Board should file a Title IX Complaint against OSPI

You have hopefully heard that on March 26, 2025, the Kennewick School Board filed a Title IX complaint against Chris Reykdal and OSPI. You may have also heard that on March 31, 2025, the Washington Interscholastic Activities Association (WIAA) announced that they will not comply with amendments intended to protect the Title IX rights of biological girls to fair sports competition. This decision by WIAA makes it clear that the only way our girls will have their Title IX rights protected is to ask for a federal Title IX “Directed Investigation” here in Washington state.

In this article, we will explain why your school board should file a Title IX complaint against Chris Reykdal and OSPI asking specifically for a “Directed Investigation.” We will also provide several important tips for filing an effective complaint in order to get this Directed Investigation.

In this article, we will explain why your school board should file a Title IX complaint against Chris Reykdal and OSPI asking specifically for a Directed Investigation. We will also provide several important tips for filing an effective complaint in order to get this Directed Investigation. 

Title IX is a federal law passed in 1972 to protect the rights of biological girls to fair opportunities in academic and athletic programs that receive federal funding. Fair opportunities included providing girls with their own bathrooms, locker rooms and sports leagues. Unfortunately, for the past 8 years, the Washington Superintendent of Public Instruction, Chris Reykdal, has mistakenly claimed that Title IX is really about protecting “gender identity” - and therefore requires allowing biological males to enter girls bathrooms and participate in girls sports leagues.

On January 9, 2025, a federal court in the case of Tennessee v Cardona, rejected the claim that Title IX was about protecting gender identity. The judge stated that changing the meaning of the word “sex” in Title IX from “biological sex” to “gender identity” would render Title IX to be “meaningless.” The judge therefore issued an order instructing all 50 states to comply with the original meaning of Title IX effective immediately.

In February, 2025, based on the Tennessee v Cardona ruling, President Trump issued an Executive Order requiring the US Department of Education to enforce Title IX. The US Department of Education issued a “Dear Colleague Letter” citing the Tennessee v Cardona ruling and requiring every school district in the US to comply with Title IX.

Complying with this federal court order is difficult here in Washington state because it directly contradicts Washington School Board Policy 3211 – which requires school districts to allow biological males in girls bathrooms and in girls sports. After spending the past 8 years falsely claiming that Title IX is about protecting “gender-identity” rights, Chris Reykdal now falsely claims that Washington State Civil Rights laws have priority over the Title IX federal Civil Rights laws. He has therefore ordered school boards to comply with Washington State law rather than the federal Title IX law.

As a consequence of Reykdal’s bad legal advice, for the past three months, school board members have been faced with the dilemma of complying with state law (and violating federal law) or complying with the Title IX federal law (and violating Washington state law).

In reality, Article VI, Section 2 of the US Constitution requires compliance with federal law over state law whenever there is a direct conflict between state and federal law. Here is a link to an article discussing this issue in detail: https://washingtonparentsnetwork.com/title-ix-facts/why-washington-policy-3211-does-not-override-title-ix

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On February 28, 2025, after it became clear that Reykdal was not going to comply with the January 9, 2025 federal court order, the Washington Parents Network filed a 99 page Title IX complaint against Chris Reykdal, OSPI and WIAA. The purpose of our complaint was to bring Washington state into complaince with Title IX. In the past month, as a result of filing our complaint, we have learned a great deal about this process which we will review below. Here is a link to download and read our 99 page complaint:

https://washingtonparentsnetwork.com/phocadownload/Washington%20Parents%20Network%20Title%20IX%20Complaint%202-28-25.pdf

On March 26, 2025, the Kennewick School Board also filed a Title IX complaint against Washington Superintendent Chris Reykdal, the Office of the Superintendent of Public Instruction (OSPI) and the Washington Interscholastic Activities Association (WIAA). You can download and read their 5 page complaint at this link:

https://washingtonparentsnetwork.com/phocadownload/2025%20March%2026%20Kennewick%20School%20Board%20Title_IX_Complaint.pdf

Here are quotes from the Kennewick School Board complaint:

We respectfully request URGENT federal intervention due to open and egregious Title IX violations currently occurring within the state’s student athletics as well as requisite school district policies mandated by the state which are in direct violation of Title IX.”

Our school board now faces a serious dilemma: Either the Kennewick School District complies with state mandates that put our federal funding in jeopardy; or it complies with Executive Orders (that ensure protection of our girls and young women) and risks retaliation from Washington State Officials… We urge your department's immediate attention to this matter to prevent undue harm to our students and ensure that our district remains compliant with federal law.”

The truth is that the harms to the Kennewick students are the same in every school district in Washington state – which is why it is important for several school districts to file similar complaints against Reykdal and OSPI.

Tips for Filing your own Title IX Complaint against Reykdal and OSPI

First, be aware that a Title IX complaint is an “administrative” complaint and not a legal lawsuit. You do not need a lawyer to file your complaint and you can always amend your complaint later if it is lacking any facts that arise after filing your initial complaint.

Second, to better understand the legal background of why Washington Policy 3211 violates the Title IX civil rights of every student in Washington state, you should download and read our 99 page Title IX complaint (see link above.)

Third, before filing your complaint, you should read the 32 page Title IX Complaint Process Manual (CPM) which can be downloaded at this link: https://www.ed.gov/sites/ed/files/about/offices/list/ocr/docs/ocrcpm.pdf

Fourth, edit your complaint to fit the facts of your school district. Include the number of students in your school district. If your school district has been sent a threatening letter by Reykdal or OSPI for failure to comply with Policy 3211, post this threatening letter on your school district website and provide a link to it in your Title IX complaint.

Fifth, include in your complaint the fact that on March 19, 2025, OSPI sent a threatening letter to Mick Hoffman, the Director of the Washington Interscholastic Activities Association (WIAA) warning him that if the WIAA passed Amendments #7 or #8 (which would bring WIAA into alignment with Title IX by prohibiting boys in girls sports), the WIAA would be in violation of state law. The OSPI warning letter also included a section called “OSPI Enforcement of State Antidiscrimination Law.” Here is a quote from this section of the OSPI warning letter:

OSPI can however can share our own positions which we reach after consulting with legal counsel. Washington antidiscrimination law complies with federal civil rights law. Accordingly, any Executive Order or interpretative correspondence from the federal government cannot override the greater protections that Washington state law provides to its residents. School districts must follow state law and OSPI intends to enforce state law with these understandings.”

The OSPI warning letter to WIAA ended with a section called “WIAA Proposed Amendments.” Here is a quote from this section:

WIAA must also follow state law and OSPI is concerned that Amendments #7 and #8 to be voted on this April would violate Washington state laws including Chapters 28A.640 and 28A.42 RCW and Chapter 392-790 WAC. We have confidence the WIAA would not implement these amendments if they were to pass in their current form.”

As a result of Reykdal’s letter to WIAA, on March 31, 2025, WIAA changed Amendments #7 and #8 to “Advisory votes” claiming that they could not be adopted because they were contrary to state law. WIAA officials claimed that their decision was based on “communications from the Washington state Attorney General’s Office, the Office for Civil Rights, and the Office of Superintendent of Public Instruction.”

It is therefore certain that, regardless of the vote on the WIAA amendments, WIAA will continue to violate the Title IX rights of a half million girls to fair sports competition here in Washington state.

Sixth, be warned that there are still Biden loyalists working at both the national branch of the US Department of Education and the Seattle Branch of the US Department of Education. They are likely to ignore your complaint and even bury your complaint. The solution to overcoming this problem is to submit your complaint to the US Department of Education National Office of Civil Rights requesting an immediate Directed Investigation based on Section 402 of the Office of Civil Rights Complaint Process Manual. https://www.ed.gov/sites/ed/files/about/offices/list/ocr/docs/ocrcpm.pdf

Here is a quote from Section 402: A directed investigation is an OCR-initiated process that allows OCR to address possible discrimination that is not currently being addressed through OCR’s complaint, compliance review or technical assistance activities. Depending on the circumstances, a directed investigation may include... conducting an expedited investigation that may result in a resolution agreement that will ensure that recipients come into compliance with the requirements of the civil rights laws and regulations enforced by OCR.”

Seventh, you can submit your complaint through Snail Mail via the Post Office. But it is better to submit your complaint via the National Department of Education OCR Online complaint portal: https://ocrcas.ed.gov/

In addition, you should submit your complaint and request for a Directed Investigation via their OCR national office via this email address: This email address is being protected from spambots. You need JavaScript enabled to view it.

Be sure to include the following request in your complaint:

We ask that an investigator from the national office be assigned to investigate our complaint and that they immediately begin a Directed f Washington OSPI similar to the Directed Investigation just completed againstInvestigation o the Maine Department of Education.

Next, ask your Congressional Representatives, such as Representative Michael Baumgartner and Representative Dan Newhouse, to make sure the US Department of Education Office of Civil Rights follows up on your complaint.

Finally, email us a copy of your complaint at the Washington Parents Network and we will share it with other school board members. Our email address is This email address is being protected from spambots. You need JavaScript enabled to view it.

If we all work together, we will eventually convince the US Department of Education to launch a Directed Investigation against OSPI and thereby help us restore the Title IX rights of our students here in Washington State.

Regards,

David Spring M. Ed.

Washington Parents Network

Why legislators should ask the WA AG for a legal opinion on Title IX

In this article, we will explain why legislators should ask the Washington Attorney General Nick Brown for a legal opinion about whether Washington laws and Policies such as Policy 3211 have priority over Title IX.

For the past 8 years, our Superintendent of Public Instruction and our current Governor (and former Attorney General) have repeatedly stated that the word “sex” in Title IX includes “gender identity.” They have repeatedly used this crazy claim to require schools in Washington state to require allowing biological males in the girls bathrooms and in girls sports.

Ferguson made this crazy claim that Title IX applies to Gender Identity several times between 2017 and 2024 in federal legal filings. For example, on March 17, 2017, Ferguson submitted a 66 page Amicus Brief to the US Supreme Court arguing that the word “sex” in Title IX included “gender identity.” Here is the link to his Brief:

https://agportal-s3bucket.s3.amazonaws.com/uploadedfiles/Another/News/Press_Releases/16-273%20bsac%20States%20%282%29.pdf

Here are quotes from his brief: “Question Presented: Whether the Gloucester County School Board’s policy… discriminates against transgender students “on the basis of sex,” in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681(a)?… The amici States share a strong interest in seeing that Title IX is properly applied to protect transgender people from discrimination in federally funded educational institutions.”

The Supreme Court disagreed with Ferguson and remanded the case back to the lower court where it was dismissed due to Trump taking office and withdrawing the Obama policy which had claimed that the word “sex” included “gender identity.”

In May 2020, Trump published a Title IX Final Rule clarifying that the word “sex” means “Biological Sex.” In response, on June 4, 2020, Ferguson filed a 119 page brief in DC Federal Court opposing the Trump Title IX final rule:

https://agportal-s3bucket.s3.amazonaws.com/uploadedfiles/Another/News/Press_Releases/TitleIX_Complaint.pdf

On page 61, Ferguson admitted that “

Because each State receives federal funding from the Department for primary and secondary education, each State and its public primary and secondary education systems are subject to the (Trump Title IX Final) Rule.”

On page 72, Ferguson claimed that:

The (Trump Title IX Final) Rule will directly harm the States’ sovereign interests by interfering with their primary authority to enact and enforce their own laws governing education institutions within their borders, as well as interfere with the important parallel role States have traditionally played in eliminating discrimination within their borders.”

On page 99, Ferguson admits that Washington State laws directly harmed by the Trump Final Rule include WSSDA Model Policies and Procedures (Policy 3211 and 3211P – both of which require allowing biological males in girls bathrooms and girls sports):

Washington law prohibits discrimination on the basis of sex in K-12 schools. Chapter 28A.640 Wash. Rev. Code. Regulations implementing this statute define sexual harassment for antidiscrimination purposes and establish required criteria for each school district’s sexual harassment policy. Wash. Admin. Code §§ 392-190-056, 057. School districts are required to adopt sexual harassment policies and procedures that meet both state and federal antidiscrimination law requirements. The Washington State School Directors’ Association has published model policies and procedures concerning issues such as harassment, gender inclusivity, and student discipline. Washington’s Gender Equality in Higher Education Act, Chapter 28B.110 Wash. Rev. Code, prohibits discrimination on the basis of gender at Washington’s higher education institutions. . Wash. Rev. Code § 28B.110.030(8).”

Finally, on page 101, Ferguson admits that:

Where a Plaintiff State’s law provide greater protections than the Rule, schools subject to these laws will need to create parallel code of conduct provisions and enforcement mechanisms—one addressing “Title IX sexual harassment” and one addressing “non-Title IX sexual harassment.”

On August 12, 2020, the DC federal court rejected all of Ferguson’s arguments and denied Ferguson’s motion against the Trump Title IX Final Rule. But the admissions in his Brief make it clear that Washington state laws were (and still are) contrary to the 2020 Trump Final Rule.

Despite having his arguments twice rejected by federal courts, on November 26, 2021, Ferguson filed a 55 page brief in the case of Adams v. School Board of St. Johns Co. (Eleventh Circuit): https://agportal-s3bucket.s3.amazonaws.com/uploadedfiles/Another/News/Press_Releases/School%20Board%20of%20St.%20Johns%20Co.pdf

Here are quotes from Ferguson (note that Adams was a biological girl who claimed to be a transgender boy and therefore wanted to use the boys bathrooms). Ferguson argued that prohibiting her from using the boys bathroom was a violation of Title IX:

barring Adams from using the boys’ bathroom... violates Title IX by denying transgender boys and girls access to the same common restrooms that other boys and girls may use… the issue is whether discrimination based on a person’s gender identity is sex discrimination prohibited by Title IX… The Board’s bathroom policy discriminates based on sex in violation of Title IX.”

The 11 judge federal panel disagreed with Ferguson. On December 31, 2022, the U.S. Court of Appeals for the Eleventh Circuit issued a 7-4 150 page decision affirming that under Title IX, public schools have the duty to segregate bathrooms and locker rooms based on biological sex. https://media.ca11.uscourts.gov/opinions/pub/files/201813592.2.pdf

Despite having his crazy Title IX Gender Identity theory rejected three times by federal courts, on August 13, 2024, Ferguson filed a 52 page brief again arguing that the word “sex” in Title IX meant “gender identity” instead of “biological sex.” This Ferguson brief was filed in the case of Tennessee v Cardona. Here is the link to this Ferguson brief: https://oag.ca.gov/system/files/media/title-ix-amicus-brief.pdf

Here is a quote from this Ferguson brief: “In clarifying that sex discrimination includes discrimination based on sexual orientation or gender identity, the U.S. Department of Education’s (“ED”) new final rule... is consistent with the plain text of Title IX.”

On January 9, 2025, the Tennessee v Cardona federal court disagreed with Ferguson and instead ruled that the term “sex” in Title IX means biological sex and not gender identity. Here is a quote from the January 9, 2025 Tennessee v Cardona ruling:

Expanding the meaning of “on the basis of sex” to include “gender identity” turns Title IX on its head… the entire point of Title IX is to prevent discrimination based on sex—throwing gender identity into the mix eviscerates the statute and renders it largely meaningless.”

The federal judge issued an order vacating the Biden Title IX Final Rule and requiring all 50 states to immediately comply with the original meaning of Title IX. Here is a link to this 15 page ruling: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2025/2025-1-title-ix.pdf

However, instead of complying with the January 9, 2025 federal court Title IX order, which prohibits allowing biological males in girls bathrooms and girls sports, Reykdal has continued to enforce Washington Policy 3211 which requires schools to allow biological males in girls bathrooms and girls sports. The result is that school districts are forced to choose between complying with state policy – and violate federal law – or comply with federal law – and violate state law.

Reykdal has justified ignoring the federal court order (and Presidential Orders based on the federal court order) by falsely claiming that Washington state civil rights law has priority over federal civil rights laws like Title IX. For example, in a March 4, 2025 letter to the Tumwater school board and in a March 6 letter to the Moses Lake School Board (after both school boards had voted to comply with Title IX), Reykdal falsely claimed that: “States are permitted to provide greater protections for students than what is required by federal minimum standards, and Washington’s laws fit squarely within the scope of what is allowed by federal law.”

The following article explains why Washington state law does not have priority over Title IX: https://washingtonparentsnetwork.com/title-ix-facts/why-washington-policy-3211-does-not-override-title-ix

Reykdal’s failure to comply with Title IX places every member of the Washington legislature in jeopardy of violating federal law and their Oath of Office (as well as losing billions of dollars in federal education funds) if Reykdal is wrong.

The good news is that the Washington State Attorney General is required to provide a legal opinion to any member of the legislature who asks about a question of law. Ironically, the Washington Attorney General has been silent about three important legal questions:

#1: Whether Washington Policy 3211 – which requires allowing biological males in girls bathrooms and girls sports – is in violation of Title IX which prohibits allowing biological males in girls bathrooms and girls sports.

#2 Whether State Civil Rights Laws and resulting policies, such as Policy 3211 and 3211P have priority over Title IX.

#3 Whether the State legislature and/or the Washington State Office of Public Instruction have a duty to comply with Title IX as a result of receiving federal funds.

If one or more members of the Washington House of Representatives or Washington Senate ask the Washington Attorney General to provide them with a legal opinion on these three questions, the Attorney General would be forced to choose between exposing Reykdal and Ferguson or joining them in their fraud against the parents and children here in Washington state. Either way, the public would begin to learn the truth about the crimes being committed against all of us.

Why Washington Policy 3211 does not override Title IX

This is our third in a series of articles explaining why the Washington State Office of Public Instruction (OSPI) and the Washington Interscholastic Athletic Association (WIAA) continue to be in violation of an important federal law called Title IX. Our previous articles explained why Reykdal’s claim that “biological sex is a continuum” is false and why Reykdal’s recent threats against the Tumwater School Board are in violation of Title IX. To read our previous Title IX articles, go to this link: https://washingtonparentsnetwork.com/title-ix-facts

In this article, we will explain why Reykdal’s claim that “Washington State laws override Title IX” is also false. Title IX is a federal law that protects the rights of biological girls to fair opportunities in academic or athletic programs that receive federal funding. Title IX requires providing girls with their own private bathrooms, locker rooms and sports leagues. However, Policy 3211 directly conflicts with Title IX by requiring schools to allow biological males to enter girls bathrooms and participate in girls sports.

On February 28, 2025, the Washington Parents Network filed a 99 page Title IX complaint against Chris Reykdal and Bob Ferguson for violating the Title IX rights of more than 1,100,00 students during the past 8 years.

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On Friday, March 21st, we will file an Amended Complaint summarizing Reykdal’s additional violations of Title IX since February 28th. If you are a parent or school board member and would like to submit a Declaration of supprt of our Title IX complaint, please go to this page and download a sample declaration. Edit your Declaration, sign it and email it back to us by March 20, 2025. https://washingtonparentsnetwork.com/free-downloads

Reykdal advises School Board Members to continue violating Title IX
In response to our Title IX complaint, an OPSI spokesperson stated that they would continue to urge school districts to comply with Washington state law instead of Title IX. Here is the OSPI quote: “We have continued to advise school districts to stay in compliance with state law, which prohibits discrimination on the basis of gender identity… An executive order is not law, and it does not override our state laws.” https://www.thecentersquare.com/national/article_7205b0f2-f611-11ef-80a1-57906666d866.html

The OSPI spokesperson should have read our Title IX complaint before making a comment about it. Our Title IX complaint is not merely about a Presidential Order. Our complaint is seeking enforcement of Title IX which is backed up by a federal court order in Tennessee v Cardona issued on January 9, 2025. Title IX is a federal law that overrides any state law that is contrary to Title IX – including Washington Policy 3211.

The state law OSPI claims has higher priority than Title IX is Washington Policy 3211 which states: “Public schools must allow all students to participate in athletics that correspond to their gender identity.“ In plain English, Washington schools are required to allow biological males to participate in girls sports. Washington Policy 3211 is therefore a clear violation of Title IX which states: “No person in the United States shall, on the basis of sex, be excluded from participation in.. any education program or activity receiving Federal financial assistance.” The word “sex” in Title IX means “biological sex” and subsquent language requires fair treatment for biological sexes in athletic and academic programs. Fair treatment requires providing biological girls with their own bathrooms and sports programs.

Reykdal threatens School Board for voting to comply with Title IX

This is the most incredible story I have ever posted. Washington Superintendent Chris Reykdal has threatened a school board to withhold their state funding because the school board voted to comply with federal law! For the past 8 years, Reykdal has been breaking an important Civil Rights law called Title IX (which protects girls rights to fair opportunities in academic and athletic programs that get federal funds). Now he is demanding that school board members also violate federal law.

On March 4, 2025, Washington State Superintendent Chris Reykdal sent an offical warning letter to the Tumwater School Board threatening them for voting in favor of a WIAA policy change which would ban biological males from participating in girls sports. While the WIAA policy change is needed to bring Washington school districts into compliance with Title IX, Reykdal stated that the policy change would violate Washington state law – thereby risking the loss of state school funding. While Reykdal is likely correct that the WIAA amendment violates Washington state law, he is wrong in claiming that State law has priority over federal law. Failing to comply with Title IX will eventually lead to a loss of federal funding.

Direct Conflict between Washington law and Federal law
The Washington Interscholastic Athletic Association (WIAA) is an educational agency that, like OSPI and the Tumwater School District, recieves federal funding and is therefore required to comply with a federal law called Title IX. Title IX requires educational agencies to provide fair academic and sports programs for biological girls. By allowing biological males to participate in girls sports, the WIAA is clearly in violation of Title IX because Title IX prohibits biological males from participating in girls sports. Currently, the WIAA is in the process of considering amendments which, if passed, would bring WIAA closer to compliance with Title IX. However, amending the WIAA gender policy to prohibit males in girls sports would violate current Washington State laws.

Why Biological Sex is not a Continuum

This is an update on our battle to restore Title IX Girls rights here in Washington state. On February 28, 2025, the Washington Parents Network filed a Title IX complaint against Chris Reykdal and Bob Ferguson. Failure to comply with Title IX could lead to loss of federal funding. So it is important to resolve this conflict as soon as possible. The best way to resolve any conflict is to begin by telling the truth. Unfortunately, Washington leaders like Chris Reykdal continue to lie to the public. His latest and biggest lie is that “biological sex is a continuum.” The reason this lie matters is because the word “sex” in Title IX refers to biological sex.

Reykdal’s claim that Biological Sex is a continuum is false
In a recent Youtube video, Chris Reykdal claimed that there is a “continuum” of sexes ranging from male to female. Here is a quote from his video: “It is quite simply inaccurate to say biologically that there are only boys and there are only girls. There’s a continuum. There is a science to this. There are children who are born intersex. There are children whose chromosomes and their hormones aren’t consistent with their sex at birth…Our state laws make clear that students get to identify and participate in activities based on the gender in which they identify.” https://www.youtube.com/watch?v=aZgyernK0mY

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Chris failed to provide any scientific evidence to support his claim. Perhaps it is because there is no science that supports any of his crazy claims.