Maryland School Board Member Faces Title IX Investigation After Opposition to Trans Policy

Maryland School Board Member Faces Title IX Investigation After Opposition to Trans Policy

A newly elected conservative school board member in Frederick County, Maryland, claims he is subject to an unfair investigation after publicly opposing the district’s transgender-affirming policy.

Colt Black, a Republican and father of three, joined the Frederick County Board of Education last November. His term began with controversy when he became the target of a Title IX investigation just a week after voicing his concerns at a board meeting.

Concerns Voiced Over Board Policy 443

At the January 8 meeting, Black raised alarms about Board Policy 443. This policy requires students and staff to use the preferred pronouns and names of transgender students. Black argues that this mandates a violation of First Amendment rights regarding free speech and freedom of association.

He referred to the 1943 Supreme Court case, West Virginia State Board of Education v. Barnette, which ruled that forcing students to salute the American flag or recite the Pledge of Allegiance infringed on their constitutional rights.

Black stated, “I’m not saying that you can’t come to school and be who you are. You should be able to do that. However, people should not be compelled to participate through language.”

Investigation Commences Following Complaints

Only a week after his public comments, Black was informed that multiple complaints had been lodged against him, leading the board to initiate a Title IX investigation.

Title IX was enacted in 1972 to eliminate sex discrimination within educational programs that receive federal funding. The policy expanded under the Biden administration to include protections for gender identity.

Legal Support Emerges Amid Political Pressure

On February 11, the legal organization Alliance Defending Freedom (ADF) sent a letter to the Frederick County Public Schools (FCPS) board on behalf of Black. The letter warned the board against the investigation, alleging it constituted “unconstitutional retaliation” for Black’s exercise of free speech.

ADF criticized the board for succumbing to political pressure after the Frederick County Democratic Central Committee (FCDCC) condemned Black’s statements as “hate speech.” They urged community members to file formal complaints against him.

The FCDCC emphasized Black’s remarks where he contended that personal freedom also includes a right to distance oneself from views with which one disagrees.

Black’s Position on Policy Safety Concerns

Black, also an active member of the Frederick County Republican Central Committee, expressed to Fox News Digital that his opposition to the existing policy stems from concerns about safety in schools and infringement upon constitutional rights.

He asserted, “The policy creates conditions whereby boys are allowed in girls’ restrooms and can participate in girls’ sports. It also facilitates the social transition of students without parental consent or knowledge.”

Upcoming Review of the Controversial Policy

The board plans to review the transgender policy in May, as a recent wave of Republican elections has invigorated discussions surrounding these policies at both state and federal levels.

Tyson Langhofer, senior counsel at ADF, reported that the FCPS board requested additional time to respond to their correspondence and emphasized the need for the board to abandon its investigation.

First Amendment Rights Under Fire

Langhofer stressed that students, teachers, and board members possess the constitutionally protected right to express their beliefs without fear of reprisal. He noted that local officials should not face disciplinary action for their political beliefs.

Langhofer highlighted that Black is an elected official who cares deeply about educational integrity. Instead of taking his concerns seriously, the board responded to community pressure to retaliate against him.

Official Statements and Ongoing Investigation

Frederick County Board of Education President Rae Gallagher confirmed the existence of the Title IX investigation, stating it is mandatory under Maryland law upon receiving a complaint.

She reported that the district received over 30 complaints based on Black’s comments during the meeting, thus initiating the investigation.

Legal Context and Recent Developments

Earlier this year, a federal judge ruled against alterations made to Title IX by the Biden administration, emphasizing that the law explicitly addresses male and female discrimination.

Moreover, President Trump recently signed an executive order focused on maintaining integrity in women’s sports by barring biological males from competing against female athletes, reiterating the principle of Title IX.

Additionally, another executive order aimed to halt what the Trump administration described as radical indoctrination in K-12 education, targeting gender identity policies.

Implications for Future Policy Decisions

As discussions about this issue evolve, tensions surrounding how schools navigate transgender policies continue to unravel. The outcome of this Title IX investigation could have significant implications for the administration of these policies in Maryland and potentially beyond.

The Frederick County situation encapsulates the broader national dialogue on gender identity in educational settings. It illustrates the challenges school boards face as they balance inclusivity and individual rights against the backdrop of increasing polarization on social issues.