Education Secretary Linda McMahon speaking at the 2018 Conservative Political Action Conference (CPAC) in National Harbor, Maryland, February 23, 2018. (Photo: Gage Skidmore)
California Department of Education Formally Rejects Title IX Transgender Athlete Resolution Agreement
‘Turns out Gov. Newsom’s acknowledgment that ‘it’s an issue of fairness’ was empty political grandstanding’
By Evan Symon, July 7, 2025 6:15 pm
The California Department of Education rejected the U.S. Department of Education’s resolution agreement that would have forbidden schools from allowing males from participating in female sports and from occupying female intimate facilities on Monday, with Secretary of Education Linda McMahon vowing to bring in the Department of Justice as a result.
Late last month, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that they concluded their investigations into Title IX violations in California, finding that both the California Department of Education (CDE) and the California Interscholastic Federation (CIF) were in violation of the law by letting transgender athletes, biological males, compete in girls’ sports ad by allowing transgender males in girls’ sports and intimate spaces.
CDE and the California Interscholastic Federation (CIF) were given 10 days to voluntarily change the practices around allowing transgender males to compete in women’s sports. If they didn’t comply or agree to a proposed Resolution Agreement to resolve their Title IX violations with the OCR by July 7th, they were threatened with imminent enforcement action.
The resolution agreement itself had 6 main changes for California. The biggest one was that it would bar 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’. Other caveats included requiring that all recipients were to restore to female athletes all individual records, titles, and awards misappropriated by male athletes competing in female competitions and that for 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.
However, both the CDE and CIF rejected the DOE resolution agreement on Monday. Both organizations sent in letters to the OCR explaining their reasoning.
“The California Department of Education (CDE) received the U.S. Department of Education’s Office for Civil Rights’ (OCR’s) June 25, 2025 Letter of Finding and Proposed Resolution Agreement in the above-referenced OCR matter,” wrote CDE General Counsel Len Garfinkel. “The CDE respectfully disagrees with OCR’s analysis, and it will not sign the Proposed Resolution Agreement.”
“The office of the General Counsel for the California Interscholastic Federation (CIF) is in receipt of your letter, dated June 25, 2025, directed to Dr. Ronald W. Nocetti, the Executive Director of the CIF,” added CIF General Counsel Diane Marshall-Freeman. “I write in response to your request that the CIF in form you ‘in writing by 12:00 p.m. non, eastern time, July 7, 2025,’ as to whether the CIF will sign the United States Department of Education’s, Office for Civil Rights’ (‘OCR’) proposed resolution agreement in the above-entitled matter.
“In reply to your request, please be advised that the CIF concurs with the response of the California Department of Education (“CDE”) submitted to your office earlier today, July 7, 2025. I have attached a copy of the CDE’s response for your references. Consequently, the CIF will not be signing the proposed resolution agreement.”
The federal government swiftly responded later on Monday, blasting California’s decision, calling out Governor Gavin Newsom for being a hypocrite over his recent statements saying that it was ‘deeply unfair’ to allow men to compete in women’s sport, and saying that they would be escalating this to the next level – the Department of Justice.
“California has just REJECTED our resolution agreement to follow federal law and keep men out of women’s sports,” said Secretary McMahon. “Turns out Gov. Newsom’s acknowledgment that ‘it’s an issue of fairness’ was empty political grandstanding. Governor Newsom, you’ll be hearing from Attorney General Pam Bondi.”
Other lawmakers also expressed outrage of California not okaying the resolution agreement.
“Unbelievable. California is refusing to change its policy of forcing girls to compete against biological males,” posted Congressman Kevin Kiley (R-CA). “The Education Department says it “disagrees” with the federal civil rights laws. This reckless and illegal decision puts our state’s federal funding at risk.”
As of late Monday afternoon, Newsom and Attorney General Rob Bonta have yet to respond to McMahon’s comments. While a few groups have responded , like Equality California, no government entity or lawmaker has yet to respond to a possible federal lawsuit.
Legal action by the DOJ is expected to be filed sometime later this month.
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Wow. Just amazing. And not in a good way. On the bright side, however, maybe sometimes we need to see jaw-dropping idiocy like this by the California Department of Education (CDE), the California Interscholastic Federation (CIF), Gov Gavin Newsom, and CA Atty General Rob Bonta to fully realize just how desperately California needs a complete overhaul of its leadership.
A response by future state defendants should have included a legal explanation for rejecting the order.
Parents should deny CDE authority in kind.
Not really surprising. This state is run by a small cabal of zealots who are on the opposite side of every 80/20 issue (more like 90/10 in this case). They would rather see the state burn down (literally) than compromise.