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.
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 Falsely claims that State law can override federal law
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.”
https://washingtonparentsnetwork.com/phocadownload/2025%20Feb%2025%20Moses%20Lake%20School%20Board%20Letter%20to%20Reykdal.pdf
State laws are not allowed to conflict with federal law
States are permitted to enact and enforce laws that provide greater civil rights protections for students than the federal minimum standard under Title IX, but only when the state civil rights laws do not violate federal civil rights laws like Title IX. For example, a state could expand the punishment for failure to comply with Title IX to include a loss of state funding in addition to federal funding. However, any state law that defeats the purpose of Title IX is null and void.
Why Policy 3211 defeats the purpose of Title IX
The primary purpose of Title IX is to provide girls a fair opportunity in academic and athletic programs that get federal funds. Allowing boys to participate in girls sports prevents girls from a fair opportunity to succeed.
Why Compliance of both Policy 3211 and Title IX is impossible
Policy 3211 requires allowing biological males to enter girls bathrooms and participate in girls sports. Title IX prohibits males from entering girls private spaces or participating in girls sports. Title IX applies to any institution receiving federal financial assistance, including state educational agencies.
Article VI Section 2 of the U.S. Constitution
Federal law is created at the national level and applies to all fifty states. Established in the United States Constitution, federal law allows the government to use its powers to protect the rights of all United States citizens. According to Article VI Section 2 of the U.S. Constitution, also known as the Supremacy Clause, federal law is the supreme law of the land and must be followed over conflicting state laws.
When a state law conflicts with federal law, the U.S. Supreme Court can void the state law if it determines that the state law is in direct conflict with federal law. The US Supreme Court has stated that state laws will be found to violate the Supremacy Clause if compliance with both federal and state laws is impossible or if the state law defeats the purpose of a federal law.
Minnesota and California already under investigation
On February 12, 2025, the Office of Civil Rights announced investigations of two statewide athletic associations which had publicly announced plans to violate the Title IX rights of girls and women. https://www.ed.gov/about/news/press-release/us-department-of-education-launches-title-ix-investigations-two-athletic-associations
Here are quotes:
“The U.S. Department of Education’s Office for Civil Rights today announced directed investigations into the Minnesota State High School League (MSHSL) and the California Interscholastic Federation (CIF), both of which publicly announced plans to violate federal antidiscrimination laws related to girls’ and women’s sports. This includes the possibility of allowing male athletes to compete in women’s sports and use women’s intimate facilities… History does not look kindly on entities and states that actively opposed the enforcement of federal civil rights laws that protect women and girls from discrimination and harassment… State laws do not override federal antidiscrimination laws, and these entities and their member schools remain subject to Title IX. “
State Civil Rights laws can not directly contradict federal civil rights laws
Reykdal’s claim that state civil rights laws can override federal civil rights laws appears to come from an ACLU article making the same claim: https://www.aclu.org/news/civil-liberties/to-fight-a-stacked-federal-bench-the-aclu-goes-to-the-states
Here are some quotes from this ACLU article: “The ACLU has successfully advocated for state-level protections in areas such as abortion rights, where state courts have provided more robust safeguards than the federal courts. Moreover, state courts have the final say on state law, so a civil rights victory under state law generally cannot be appealed to the U.S. Supreme Court, providing a more stable and immediate form of protection.”
The ACLU is simply wrong. Any state law that violates a federal law can be appealed to the US Supreme Court. The fact is that the only federal law on abortions is the Hyde amendment - which prohibits using federal funds on most abortions. There is no state law that has directly contradicted the Hyde Amendment.
Similarly, the ACLU was also wrong when they filed a complaint in Washington state claiming that the 10 day rule in the Washington Parents Rights Initiative violated the “no more than 45 days” FERPA rule. In January, 2025, a King County Court disagreed with the ACLU.
Finally, the ACLU and Bob Ferguson were also wrong when for the past 8 years they claimed that Title IX was about protecting gender identity rights rather than protecting the rights of biological girls. Again, the US Supreme Court disagreed with the ACLU and Ferguson. In short, given the ACLU track record of repeatedly making false claims, their claim that “State law can overrule federal law” is simply false.
The ACLU has not provided a single case ruling that a State Transgender Law overrides Title IX
Here is another quote from the ACLU article: “In “Our New Federalism,” we detail more more than 125 civil liberties and civil rights cases that we have filed in the last five years or so that advance arguments, most often in state courts, based on state constitutional and statutory civil rights provisions, seeking protections above and beyond what federal law provides. They span 24 states, and the whole range of issues that matter most to our members, including reproductive freedom, voting rights, workers’ rights, educational equity, free speech, privacy, freedom from discrimination, criminal defense, and the rights of incarcerated persons.” https://assets.aclu.org/live/uploads/publications/2022-08-08-federalism_final.pdf
I reviewed all ten of the cases listed for the subject of TRANSGENDER PEOPLE. None of the ten cases involved Title IX educational or athletic programs receiving federal funds and all of the State court ruling occurred before all the 2024 Title IX federal court rulings and the 2024 Supreme Court ruling in Tennessee v Cardona.
Conclusion: There are no State Rulings that support Reykdal’s crazy claim that State laws have priority over Title IX.
Letter to Reykdal from Moses Lake School Board
On February 25, 2025, the Moses Lake School Board voted 5 to 0 to send Reykdal a letter saying that they were going to comply with federal law (Title IX) rather than state law (Policy 3211). Here is a link to their letter:
https://go.boarddocs.com/wa/moseslake/Board.nsf/files/DEFPJF64D693/$file/Letter%20to%20Governor%20Ferguson%20and%20Superintendent%20Reykdal.pdf
Here are quotes from the Moses Lake letter to Reykdal:
“The Moses Lake School District Board of Directors is writing you this letter, to express our concern over public statements you have recently made on news programs and other media sources. In your statements, you have made it very clear that you have no intention of following the directives of the United States Department of Education or the lawful Executive Orders issued by President Donald J. Trump, under the authority granted to him by the U.S. Constitution and the laws of the United States of America.”
“Your actions, Superintendent Chris Reykdal, and words could have dire consequences for all schools in Washington State, and your viewpoints do not reflect the community we serve nor the students we have the honor to serve and protect.”
“Under Title IX of the Education Act of 1972 educational institutions receiving Federal Funds cannot deny women an equal opportunity to participate in sports.”
“As some Federal courts have recognized “ignoring fundamental biological truths between the two sexes deprives women and girls of meaningful access to educational facilities”. Tennessee v. Cardona, 24-cv-00072 at 73 (E.D. Ky. 2024) See also Kansas v. U.S. Dept. of Education, 24-cv-04041 at 23 (D. Kan. 2024)”
To this end, the Moses Lake School Board of Education has resolved to revise our athletic eligibility policies effective immediately. We as a board do not believe we can achieve diversity or equity by infringing on students' civil liberties. Specifically, we will:
Update our student handbook and athletic guidelines to prohibit individuals assigned male at birth from participating in girls’ sports teams, consistent with the executive order’s interpretation of Title IX.
- Review and adjust facility usage policies, such as locker rooms and restrooms, to ensure alignment with this federal mandate while prioritizing student privacy and safety.
- Communicate these changes to our students, staff, and families to ensure transparency and understanding of our commitment to fairness in athletics.
As the Board of Directors of the Moses Lake School District, we are committed to adhering to federal law, as per our sworn oath. We trust that your office will also uphold federal law, without allowing differing viewpoints to jeopardize the Moses Lake School District's Federal funding.
Reykdal threatening reply to Moses Lake letter
On March 6, 2025, Chris Reykdal sent a threatening letter to the Moses Lake School claiming they were in violation of Washington State Civil Rights laws. https://washingtonparentsnetwork.com/phocadownload/2025%20March%206%20Reykdal%20threatening%20letter%20to%20Moses%20Lake%20School%20Board.pdf
“The Equity and Civil Rights Office within the Office of Superintendent of Public Instruction (OSPI) is aware that the Moses Lake School District (District)’s School Board (Board) issued a letter to OSPI Superintendent Chris Reykdal and Governor Bob Ferguson, dated February 25, 2025, in which the Board resolves to immediately limit athletic eligibility based on gender identity, as well as revise other policies in a manner that could violate state nondiscrimination laws.”
OSPI is compelled to notify the District that the Board’s stated actions do not align with the nondiscrimination requirements of Chapter 28A.642 RCW and may expose students to discrimination on the basis of gender identity or gender expression.
Further, the Board, through these stated actions, may be putting at risk the District’s athletic directors’ professional certifications by directing them to intentionally violate state nondiscrimination law, which may be a violation of the Code of Professional Conduct.
Given this, OSPI is strongly cautioning the District from any action that may be seen as implementing, enforcing, or otherwise giving effect to the Board’s letter, or actions outlined therein, or that otherwise limits a student’s access and opportunities to participate in athletic activities in a manner that is consistent with their gender identity, as it may be in violation of state nondiscrimination law, rules, and guidelines, which fits squarely within federal nondiscrimination law. Should the District take any such action, OSPI may take steps to issue appropriate corrective action as outlined in RCW 28A.642.050 and WAC 392-190-080.”
“At this time, OSPI is requesting the Board and District stop implementation of the actions it outlines in their letter, as such actions would be in violation of state nondiscrimination law. As a next step, please respond to OSPI’s concerns, including any clarification the Board or District wishes to provide regarding its commitment to nondiscrimination under state law. If the Board or District is unable to voluntarily resolve these concerns, OSPI may take further action.”
Mead School Board asks federal government for help and advice
On March 11, 2025, in response to a threatening letter from Chris Reykdal, the Mead School Board voted to send a letter to the US Department of Education and the US Department of Justice asking for help and advise on how to resolve their dispute with Chris Reykdal.
Mead School Board caught between a rock and a hard place
In the letter, the board argues state policy directly violates Title IX and President Trump’s recent executive order intended to ban transgender athletes from participating in girls sports. Mead School Board Vice President BrieAnne Gray stated:
“OSPI has sent us a letter telling us we are out of compliance with current 3211 policy. We are in this situation where we have to comply, but it goes against the current Title IX regulations and the federal executive orders that have come out.We feel like we’ve been put in a tough position because if we don’t comply with OSPI, we lose our state funding, and if we do comply with Washington state, we could lose our federal funding.”
Here are quotes from the Mead letter to federal officials asking for help:
“On behalf of the Mead School Board, we respectfully request urgent federal intervention regarding our school district's current situation,” the letter reads. “As described below, the Washington State Office of the Superintendent of Public Instruction (OSPI) has mandated that our school district revise its Gender-Inclusive Schools Policy and Procedure to conform to a state-wide model policy (3211/3211P). Doing so, however, would result in the district's violation of Executive Orders issued by President Donald J. Trump on January 20, 2025, and February 1, 2025.”
“Not only is the school board facing a legal dilemma (not of its own making), but it has also been put in the untenable position of being ‘unable to win’ with its stakeholders and constituents, the majority of whom are opposed to the concepts in OSPI is trying to enforce in policy 3211, no matter what it does. As a school board, we have thus become cannon fodder in an ongoing culture war.”
“Adopting OSPI’s directive would put our district at risk of violating federal policy, potentially jeopardizing critical Title I and IDEA funds. At the same time, refusal to comply could prompt state retaliation in the form of withheld state funding, further threatening our ability to serve students in need.”
The district's letter urges the federal government to protect federal funding, issue guidance affirming federal policy precedence, and investigate civil rights violations.
What should school board members do when they get a threatening but completely false letter from Chris Reykdal?
As noted previously, Reykdal’s claim that “state nondiscrimination law, rules, and guidelines fit squarely within federal nondiscrimination law” is simply not true. The State law Reykdal is attempting to enforce, which is Washington Policy 3211, directly contradicts Title IX which is a federal nondiscrimination law. This fact has been made evident by both the August 2024 US Supreme Court ruling and the January 9, 2025 Tennessee v Cardona federal court order.
One course of action would be to follow the lead of the Mead School Board and ask the federal government for assistance. Another course of action is for the school board to send Reykdal a letter asking him to explain how a state law - that requires allowing biological males to participate in girls sports “fits squarely” with Title IX federal law - which prohibits biological males from participating in girls sports. Also ask Reykdal to justify his claim that State law can override federal law by providing some examples of where any state law was ever allowed to supersede Title IX.
Perhaps the wisest course of action would be to send letters to both the federal and state – asking the federal government for help and asking the state OSPI to provide case examples to support their claim that they can violate federal law.
Next Steps
As noted at the beginning of this article, on Friday, March 21st, we will file an Amended Complaint summarizing Reykdal’s additional violations of Title IX since February 28th. These additional Title IX violations will include Reykdal threatening school districts such as Moses Lake for their attempts to comply with Title IX federal law. If you are a parent or school board member and would like to submit a Declaration of supprt of our Title IX complaint, please download a sample declaration at the following link. Edit your Declaration, sign it and email it back to us by March 20, 2025.
https://washingtonparentsnetwork.com/free-downloads
Together, we can and will restore the Title IX rights of our girls to fair sports competition here in Washington State.
Regards,
David Spring M. Ed.
Washington Parents Network