Sarasota School Board rejects Title IX protections against gender identity discrimination

Following a five-hour meeting Tuesday evening, the Sarasota County School Board approved a resolution to reject new federal protections against gender identity discrimination in a divisive 4-1 vote.

The vote came as board member Bridget Ziegler brought forward the resolution to reject the new Title IX regulations days ahead of the meeting. Not following federal regulations could put the district's federal funding at risk — about $50 million annually that goes toward schools with a high number of students from lower income families who benefit from free and reduced lunch programs, among others. Board member Tom Edwards cast the dissenting vote.

The resolution states that sex is "defined as biological male or biological female (only two sexes); is an immutable characteristic that cannot be changed, fluid, or altered" and that the district supports Gov. Ron DeSantis' legal challenge to the U.S. Secretary of Education and Department of Education rule changes to Title IX. It recommends that the district make no changes to its compliance amid changes from the federal Education Department's changes to Title IX.

While proposing the resolution, Ziegler faces continued calls to step down after a sex scandal involving herself, her husband and former Florida GOP chairman Christian Ziegler and a woman who claimed Christian Ziegler had sexually assaulted her. After a Sarasota Police investigation, which revealed a three-way sexual relationship involving the Zieglers and the woman who alleged the sexual assault, authorities declined to charge Christian Ziegler.

In April, the Biden administration expanded federal Title IX regulations to include gender identity discrimination. Title IX is a federal civil rights law prohibiting discrimination based on sex in any educational program or activity that receives federal funding.

DeSantis has called the change a "radical rewrite" and said it would "impose gender ideology on K-12 schools all across the country."

Following the Biden Administration's changes to Title IX that added protections against gender identity discrimination, Florida Education Secretary Manny Diaz sent a memo to the state's school superintendents directing them to hold off on amending their Title IX policies as the state intends to challenge the federal changes.

Sarasota County School Board discussion on Title IX policy

Before making the motion to adopt the resolution, Ziegler thanked the public for coming to speak it and said the board had received 1,100 emails about it as well.

She reiterated her support for the resolution despite public criticism of it, pointing out that the board has a duty to uphold state laws in addition to federal laws.

"We also have a responsibility to take care and ensure the safety of our students, and the Title IX changes have a dramatic impact and there is undeniable, a dramatic impact, particularly on girls and women," Ziegler said.

Ziegler said that the funding tied to Title IX compliance was tantamount to "extortion" from the federal government. She also asserted that no matter what Title IX says, the district's students are safe regardless of identity because the district has a comprehensive bullying policy.

Board attorney Pat Duggan asserted that the board may not have been able to pass Ziegler's resolution given that it was not on the agenda posted seven days prior to Tuesday's meeting. Board Chair Karen Rose asked Duggan directly if it was legal to approve Tuesday night, to which he replied it "minimally complies with the law."

He added that, because the new Title IX changes do not go into effect until Aug. 1, it would make sense to hold off on implementing any changes, especially in the wake of outside court battles.

Edwards raised several concerns, including the risk of litigation against the district and the district's financial stability should it lose more federal funding. School districts will already lose millions in funding amid the upcoming end of temporary federal supplemental pandemic relief funding for elementary and secondary schools because of COVID-19.

"I view this resolution as no more than what Mrs. Ziegler said: 'Game on'" Edwards said. "And that's politics 100% of the time. So pass it if you will."

He also questioned why the board would approve a resolution that would take the district out of compliance with federal law.

Robyn Marinelli said she found it "extremist" that the federal government would hold low-income students hostage so districts comply with federal law.

"That is unacceptable. And it's just unbelievable to me, that that would be used as a threat to our children," she said. "Like Mrs. Ziegler says, you need to stand up when things are not right, and they're not right."

Public urges board to change course

Tuesday's meeting saw about 70 public commenters speak for more than three hours, with many calling on the board to disengage from "culture war" politics and vote down Ziegler's resolution.

"Please don't make me graduate from a county that I'd be ashamed to have on my diploma," said August Rey, a senior at Sarasota High set to graduate in May.

Several speakers noted that the board's role isn't to weigh in on legislation from the federal or state government, but rather to keep the district in compliance, which the board itself previously noted on issues such as charter school oversight.

Alex Lieberman, a transgender student at Pine View, asked the board not to vote on Ziegler's resolution.

"Voting against a law that protects students from bullying and expands human rights does not align with the (school district) motto of 'Every student every day,'" Lieberman said.

Seth Stottlemeyer, a parent of a kindergartener in Sarasota County, called Ziegler's resolution a "ridiculous, desperate political stunt," and urged the board to turn it down.

"This move would be just another backward and embarrassing episode for Sarasota County," he said. "Throw the district into an exhausting and expensive legal battle and jeopardize millions of dollars in federal funds for our schools."

However, not everyone wanted the board to throw out the resolution. A coalition of conservatives spoke near the end of public comment urging the board to protect their children and approve the resolution.

Brenda Pastor said the board shouldn't allow the federal government to overreach its bounds, asking them to approve Ziegler's resolution.

"We're not going to let Joe Biden try to inject men into women's activities," she said. "We're not gonna let Joe Biden undermine the rights of parents."

Melissa Bakondy — who once notably targeted board member Edwards for being gay, calling him an "LGBTQ groomer" at a board meeting — said the Biden administration was trying to inject "woke gender ideology" into schools, and urged the board to protect children.

"Tell the Biden administration that they can keep their federal dollars if they are tied to this woke gender ideology and policy," she said.

Activists rally ahead of meeting

Before the meeting, several activist groups rallied the public both for and against Ziegler's resolution.

The SEE Alliance, an activist group founded by former Pine View student Zander Moricz, sent emails to supporters on Monday calling on people to rally against Ziegler's resolution.

"Tomorrow, the Sarasota County School Board will consider bringing forward another sensationalized culture war —again targeting LGBTQ+ students," the email read. "Join us to demand that the Sarasota County School Board prioritizes academics over activism, and stop this attempt to politicize our board room."

Other conservative activists on Facebook posted responses to the SEE Alliance's call to action.

"The left is in full panic mode and trying to convince people that the Biden Administration's new Title IX rules to allow Boys to invade Girls' spaces is a 'Culture War,'" wrote the Sarasota County School District Transparency Project Facebook page. "The LGBT Activists think parents are just being 'political' when they don't want their daughters to be put in danger and have opportunities taken away from them."

Follow Herald-Tribune Education Reporter Steven Walker on Twitter at @swalker_7. He can be reached at sbwalker@gannett.com.

This article originally appeared on Sarasota Herald-Tribune: Sarasota School Board rejects Title IX gender identity policy