Bellmore-Merrick schools under federal probe for alleged violation of gender-identity sports participation policies
The U.S. Department of Education is looking into 18 school districts across the country.
The Bellmore-Merrick Central High School District is one of 18 school districts nationwide being looked into for what the U.S. Department of Education says are policies allowing "boys to compete in girls' sports."
The department's Office for Civil Rights said the investigation is based on complaints that Bellmore-Merrick schools and others violated Title IX, which prohibits sex-based discrimination in any education program or activity that receives federal funds.
The investigation into the district is based on allegations that the district permitted a male student to try out for the girls’ volleyball team, according to the department.
“In the same week that the Supreme Court hears oral arguments on the future of Title IX, OCR is aggressively pursuing allegations of discrimination against women and girls by entities which reportedly allow males to compete in women’s sports. Time and again, the Trump Administration has made its position clear: violations of women’s rights, dignity, and fairness are unacceptable,” Assistant Secretary for Civil Rights Kimberly Richey said. “We will leave no stone unturned in these investigations to uphold women’s right to equal access in education programs—a fight that started over half a century ago and is far from finished."
In response, the Bellmore-Merrick Central High School District issued a statement denying the accusations: "The Bellmore-Merrick Central HS District has always focused on supporting all students, respecting due process, and fulfilling its legal obligations. At all times, the District acted in full compliance with all laws and regulations. Bellmore-Merrick has followed the guidance and legal framework governing New York State public schools issued by the NYS Education Department."
Section VIII Athletics, which represents youth sports in Nassau County, said it had no comment on the investigation.
The probe is part of the Trump administration's larger push to ban gender-based policies. He issued an executive order "opposing male competitive participation in women’s sports more broadly, as a matter of safety, fairness, dignity and truth" as soon as he was inaugurated back into the White House for a second term.
This week, the U.S. Supreme Court heard oral arguments on challenges by two states on this issue. The majority of the court appears inclined to uphold states' rights to enact laws that prohibit transgender women and girls from competing on women's and girls' school sports teams.
“New York state law is clear. Transgender students are entitled to participate fully in school life, including athletics, in a manner that’s consistent with their gender identity. So the Bellmore-Merrick school district is doing exactly what it’s supposed to do," said David Kilmnick, president and founder of New York LGBT Network.
In a statement, JP O’Hare, a spokesperson for The New York State Department of Education said:
“The current leadership at the U.S. Department of Education has declared that ‘education is fundamentally a state responsibility’ - yet continues to get involved in local affairs. The New York State Education Department continues to support school districts in following state law. As the New York State Education Department and the Office of the Attorney General have previously indicated, the President cannot unilaterally restrict the meaning of “sex” in Title IX to exclude gender identity. This would require an act of Congress - or, at minimum, notice and-comment rulemaking. The Department stands with Bellmore-Merrick Central High School District and will continue to protect the civil rights of all New York students.”
