June 25, 2025 - On Wednesday, the U.S. Department of Education’s Office for Civil Rights released the following:

Today, the U.S. Department of Education’s Office for Civil Rights (OCR) announced the conclusion of its Title IX investigations into the California Department of Education (CDE) and the California Interscholastic Federation (CIF) for allegations of discrimination against women and girls on the basis of sex. In both cases, OCR has determined that CDE and CIF are in clear violation of Title IX. 

The Trump Administration and the Department of Education have prioritized protecting female athletes from the unfair competition, unsafe situations, and the indignities involved when male athletes compete in athletic competitions designated for girls. Title IX of the Education Amendments of 1972 requires schools to ensure equal opportunities for girls, including in athletic activities, but California has actively prevented this equality of opportunity by allowing males in girls’ sports and intimate spaces. 

“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,” said U.S. Secretary of Education Linda McMahon. “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.” 

As a result of the noncompliance finding, OCR has issued a proposed Resolution Agreement to CDE and CIF to resolve their Title IX violations. OCR has offered both entities an opportunity to voluntarily agree to change these unlawful practices within 10 days or risk imminent enforcement action, including referral to the U.S. Department of Justice (DOJ) for proceedings.

The Department of Education’s proposed Resolution Agreement requires the following action items: 

(i) 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’; 

(ii) The CDE will issue a Notice advising Recipients that any interpretation of California state law conflicting with the Department’s Resolution Agreement is preempted by federal law under Title IX; 

(iii) 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; 

(iv) CDE will require all Recipients, including CIF, to restore to female athletes all individual records, titles, and awards misappropriated by male athletes competing in female competitions; 

(v) To each female athlete to whom an individual recognition is restored, CDE will send a personalized letter apologizing on behalf of the state of California for allowing her educational experience to be marred by sex discrimination; and 

(vi) 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 Department announced that it is recognizing June as ‘Title IX Month’ in honor of the 53rd anniversary of the bill being signed into law. June is now dedicated to commemorating women’s continued push for equal educational and athletic opportunity. 

Background:

In a public statement released after President Trump signed the Protecting Women’s Sports Executive Order, CIF announced its intention to abide by state law as it relates to girls’ and women’s sports in violation of federal antidiscrimination laws. California state laws allow athletes to participate on teams based on an individual’s subjective ‘gender identity’ rather than his or her sex, despite the fact that sex is the basis for Title IX protections. 

On February 12th, OCR opened a directed investigation into CIF following the organization’s announcement that it would violate federal antidiscrimination laws related to girls’ and women’s sports. This investigation was then elevated to the Title IX Special Investigations Team in May. 

On April 4th, the Department of Education and Department of Justice’s Title IX Special Investigations Team announced its first investigation into the California Department of Education for its alleged failure to protect women’s and girls’ sports. 

On June 18, 2025, the Supreme Court upheld a Tennessee law banning certain medical care for minors related to treating “gender dysphoria, gender identity disorder, or gender incongruence,” and held that laws regulating medical treatment or procedures in this realm are subject to rational basis review rather than heighted scrutiny under the Equal Protection Clause. In so holding, the Supreme Court acknowledged that a person’s identification as “transgender” is distinct from a person’s “biological sex.” 

Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance.  
Source: U.S. Dept. of ED.