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USBE to Review Possible Conflicts Between Title IX and Utah Law

The Utah State Board of Education is seeking an attorney to investigate whether the state is violating federal law under new Title IX regulations.

The problem stems from recent state laws regulating which restrooms students can use and a ban on transgender girls playing sports.

“I love teaching,” said JoAnne Brown, a teacher who learned about Title IX more than two decades ago during her training. “But when people challenge it from the outside, it makes it harder.”

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Brown stressed how important it is to follow the rules so that students receive a good education and the school does not get into trouble.

Specifically, USBE intends to compare the new Title IX regulations with Utah law and identify any inconsistencies.

“Sometimes, if they may be conflicting, we may have to make a decision on how we proceed and how we communicate that guidance to schools,” said Kelsey James, the board’s communications coordinator.

The board wants to know if there is a precedent for a state withholding K-12 funding for failing to comply with federal law. About 9% of all education funding in Utah comes from the federal level.

“We’re not considering that at this point,” James said when asked if there was a concern that Utah could lose federal dollars in the future.

Utah is part of a case that is still in the courts, and until a decision is made, the new federal rules don’t apply. However, James noted that if the rules do become law, discussions with the state legislature and the Department of Education will be necessary.

The board has allocated $50,000 of taxpayer money for the study and expects it to be completed by July 29.

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