The U.S. Department of Education has opened a civil rights investigation into the Great Valley School District in Chester County for a policy allowing transgender girls to participate in girls’ sports teams.
The probe — one of 18 investigations announced last week into transgender sports policies in K-12 districts and colleges nationally — comes after President Donald Trump threatened last year to strip federal funding from schools that recognize transgender students.
“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 in a statement. “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.”
District officials said at a school board meeting Tuesday that they’re cooperating with the investigation and working with lawyers to prepare a response.
Numerous Philadelphia-area school districts have policies allowing transgender students to play on sports teams aligned with their gender identities, including Philadelphia. But Great Valley appears to be the first on the administration’s radar.
Great Valley was one of the first Pennsylvania school districts to pass a policy supporting the rights of transgender students in 2016 — seeking to provide those students “equal opportunity to achieve their maximum potential,” including by participating in sports “in a manner that is consistent with their consistently asserted gender identity.”
It was unclear whether any transgender girls currently play sports at Great Valley. A district spokesperson provided a statement Wednesday saying the district was “committed to serving all students in our community with dignity and respect” but declined to comment further.
After declaring the country would “recognize two sexes, male and female,” Trump issued an executive order in February seeking to end the participation of transgender women in women’s sports.
The president invoked Title IX, the landmark civil rights law prohibiting sex-based discrimination in programs that receive federal funding.
But how that law applies to transgender students and their rights has been hotly debated. The U.S. Supreme Court last week heard two cases challenging laws in West Virginia and Idaho requiring that participation on sports teams for girls be based on “biological sex.”
In Pennsylvania, meanwhile, the Human Relations Act specifies that discrimination based on gender identity is a form of prohibited sex-based discrimination.
Courts have also protected the rights of transgender students. In 2018, judges in the U.S. Third Circuit Court of Appeals ruled against students in the Boyertown Area School District who said their privacy rights were violated by sharing bathrooms with transgender students.
Last year, a U.S. District Court judge in Philadelphia rejected a lawsuit from a Quakertown student who said her equal protection rights were violated by having to race against a transgender female student in the Colonial School District.
Great Valley “takes its obligations under Title IX and all federal civil rights laws seriously,” the district’s school board president, Rachel Gallegos, said at a board meeting Tuesday. “We also take our responsibility to comply with the legal rulings from federal courts in this jurisdiction and to provide the protections afforded our students by Pennsylvania statutes just as seriously.”
Much of the Trump administration’s focus on transgender issues to date has been at the collegiate level. The NCAA last year announced it would ban transgender women from competing, and the University of Pennsylvania struck a deal with the administration over the past participation of transgender athlete Lia Thomas on its women’s swim team.
The Great Valley investigation appears to have been triggered by a former school board president, Bruce Chambers, who filed a complaint with the Office for Civil Rights last March, objecting to the policy.
Chambers, who served on the board from 2009 to 2012, said Wednesday that OCR notified him last week that his complaint was under investigation, the same day it made its public announcement.
The district’s policy “discriminates against girls, because the trans people can use whatever bathroom they want, use whatever locker room they want … join any team they want, or activity,” Chambers said. He said he “gave the board three chances” before filing the OCR complaint.
If the board rescinds the policy, “that will solve the whole thing,” Chambers said.
Kristina Moon, senior attorney with the Education Law Center, a Philadelphia-based group that advocates for transgender students, said the Trump administration appears to be trying “to intimidate school districts” into complying with its policy goals.
Moon pointed to a recent OCR investigation into gender neutral bathrooms that was criticized by Denver Public Schools, which said the office didn’t independently verify claims and “issued conclusions using an approach that departs from established investigative practice.”
She also noted an Associated Press report that OCR is opening fewer investigations into sexual violence following the office’s gutting by the Trump administration.
“If they actually cared about protecting girls … they would not have dismantled the Department of Education and Office for Civil Rights,” Moon said.
In a letter this week to the Great Valley board, the LGBT Equality Alliance of Chester County said there was “no clear federal law or Supreme Court ruling that makes inclusive policies for transgender students unlawful.”
“Great Valley’s current policy reflects a reasonable, lawful approach that protects students from discrimination, aligns with local and state civil rights standards, and has been reviewed with legal counsel,” the alliance said in the letter. “Supporting students’ dignity and safety is not political. It is consistent with our legal obligations and the district’s duty of care to all students.”
Two residents who spoke at Tuesday’s meeting also urged the board to maintain the policy.
“I understand there is a need for all students and not just a minority to feel safe, but I feel assured the board can and will handle all concerns from parents and students with great care,” Christi Largent said. “I look forward to seeing the board stand up for all the students.”
