Crockett, Green, Garcia, Jackson Lee Send Letter Raising Alarm on Abbott's Directive to Schools to Violate Title IX
WASHINGTON — Today, June 17, Congresswoman Jasmine Crockett (TX-30) led a Congressional inquiry letter to the Texas Higher Education Coordinating Board highlighting concerns that Texas state colleges and universities were being directed by Governor Abbott not to comply with the updated U.S. Department of Education Title IX rules set to go into effect on August 1, 2024. The lawmakers, including Texas Democratic Reps. Al Green, Sylvia Garcia, and Sheila Jackson Lee, stress that such actions could cause severe disruption to the coming school year, violate the civil rights of millions of students, and result in the schools losing federal funding if they are found to be out of compliance with federal law due to Governor Abbott's directive.
"We write to express our grave concern that institutions of higher education in Texas are being directed to take actions that will not only nullify students’ and faculty members’ civil rights protections, but also jeopardize these institutions’ ability to receive billions of dollars from the federal government when the new academic year begins," write the lawmakers.
The letter continues, "Under the Rule, the Department has clarified its requirements for educational institutions under Title IX of the Civil Rights Act of 1964, as well as set forth specific actions, policies, and procedures educational institutions must take regarding discrimination on the basis of sex. Specifically, and among other things, the Rule (1) clarifies sex discrimination includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; (2) clarifies that prohibitions relating to “Pregnancy or Related Conditions” includes, but is not limited to, conditions like preeclampsia, infertility, recovery from childbirth, miscarriage, abortion, ectopic pregnancy, prenatal or postpartum depression; and (3) requires Title IX Coordinators to take certain steps when they have knowledge of conduct that reasonably may constitute sex discrimination as defined under the Department’s new rule."
The letter concludes, "As a body that regularly engages with the Department for
receipt of federal funds, you know that in order for educational institutions to receive federal money, they must comply with all federal laws—not just those the state’s governor likes. If Texas educational institutions fail to adapt their policies in accordance with the forthcoming Title IX revisions, the consequences would be catastrophic. By losing billions of dollars of federal funding, institutions would be unable to provide scholarships needed for most students to afford and access our colleges and universities."
The lawmakers close the letter by requesting the Board respond to several questions on how it is directing Texas institutions to respond to Governor Abbott's directives, as well as what communication or concerns it has received from institutions regarding the Governor's demand they disregard federal law. The lawmakers set the Board's response deadline to July 19, 2024. The full letter, as well as the list of questions, is available here and in the text below.
Dear Chairman Farias III,
We write to express our grave concern that institutions of higher education in Texas are being directed to take actions that will not only nullify students’ and faculty members’ civil rights protections, but also jeopardize these institutions’ ability to receive billions of dollars from the federal government when the new academic year begins. After nearly a year of engaging with students, educators, and institutional stakeholders, the U.S. Department of Education (“Department”) issued its agency rulemaking (“Rule”) on April 29, 2024, regarding Title IX regulations.1 Then, on May 8, 2024, Texas Governor Greg Abbott sent a letter instructing all public colleges and universities to ignore the federal law set to go into effect August 1, 2024.2 As you know, failure to comply with Title IX puts an educational institution’s federal funding at risk. We therefore seek information on guidance the Texas Higher Education Coordinating Board’s (“THECB”) has provided Texas public colleges and universities since the Governor’s letter was sent.
Under the Rule, the Department has clarified its requirements for educational institutions under Title IX of the Civil Rights Act of 1964, as well as set forth specific actions, policies, and procedures educational institutions must take regarding discrimination on the basis of sex. Specifically, and among other things, the Rule (1) clarifies sex discrimination includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity; (2) clarifies that prohibitions relating to “Pregnancy or recovery from childbirth, miscarriage, abortion, ectopic pregnancy, prenatal or postpartum
depression; and (3) requires Title IX Coordinators to take certain steps when they have
knowledge of conduct that reasonably may constitute sex discrimination as defined under the Department’s new rule.
As you know, federal ‘‘[p]reemption may result not only from action taken by Congress
itself; a federal agency acting within the scope of its congressionally delegated authority may pre-empt state regulation.”
Moreover, as a body that regularly engages with the Department for receipt of federal funds, you know that in order for educational institutions to receive federal money, they must comply with all federal laws—not just those the state’s governor likes.
Undoubtedly, the mission of higher education institutions should always be to prioritize the care and safety of its students. Yet, recent actions by public officials have prompted us to reiterate that our constituents and all college students across Texas are not political pawns to be played merely to score partisan points or be used to get in the Governor’s good graces.
If Texas educational institutions fail to adapt their policies in accordance with the forthcoming Title IX revisions, the consequences would be catastrophic. By losing billions of dollars of federal funding, institutions would be unable to provide scholarships needed for most students to afford and access our colleges and universities. Indeed, hundreds of thousands of would-be Texas students would have their educational opportunity put at risk. Taking any action that could bring about such dire consequences should be steadfastly avoided by every institution of higher education.
However, the harm here is not exclusively monetary. Students who may be able to attend Texas institutions without federal support would still be denied federal civil rights protected under the Department’s Rule—being subject to unlawful actions by the state and malicious individuals who refuse to enforce these civil right protections. These fears are not unfounded. Indeed, two professors at the University of Texas Austin have openly stated their intent to take cruel and humiliating actions against their students by defying the requirements set forth under the Rule, including failing students who miss class to receive vital reproductive health care such as abortions despite their misguided and uneducated understanding of the circumstances in which individuals may need these. This type of prejudiced, narrow-minded view is the exact kind of harm Title IX’s civil rights protections were created to prevent.
We acknowledge Texas colleges and universities have been placed in an undesirable position due to the coercive pressure of a zealous Governor, Lieutenant Governor, and Attorney General with a proven track record of using the perks of their public office to punish those who don’t bend the knee to their prejudiced political program. However, by yielding to such pressure, universities face the prospect of openly defying federal law, betraying their students, and jeopardizing federal funding for scholarships, facilities, and more.
Accordingly, now more than ever, it is vital that the THECB provide crucial guidance to our Texas institutions to ensure adherence with federal law. It is also why the undersigned Members of the Texas Congressional Delegation are requesting expeditious answers to the following questions, no later than July 19, 2024:
1. Has the THECB provided guidance to public Texas colleges and universities
regarding how to prepare for the update to Title IX in effect August 1, 2024?
a. If yes, please provide a copy of such guidance.
b. If no, please explain why no guidance has yet to be provided.
2. Has the THECB received any inquiries from Texas colleges and universities
regarding how to prepare for the update to this forthcoming Title IX update?
a. What were the broad subjects of any such inquiries?
3. Has the THECB received any inquiries from Texas colleges and universities
regarding how to proceed in light of the Governor’s May 8 letter?
a. What were the broad subjects of any such inquiries?
4. Has the THECB provided guidance to public Texas colleges and universities
regarding how to proceed in light of the Governor’s letter?
a. If yes, please provide a copy of such guidance.
b. If no, please explain why no guidance has yet to be provided.
5. Has the THECB given guidance to public Texas colleges and universities regarding a
timeline to update an institution’s policies in accordance with the Department’s new
Rule to ensure federal funding is not put at risk?
a. If yes, please provide a copy of such guidance.
b. If no, please explain why no guidance has yet to be provided.
6. Has the THECB received inquiries from institutions regarding how to comply with
the Departments new Rule?
a. If so, please provide information regarding the types of inquiries made.
7. With the Rule’s effective date being August 1, 2024, has the THECB provided, or
provided guidance on the provision of, staff trainings related to ensuring
implementation of the new requirements?
a. If yes, please provide a list of trainings or programming provided by
THECHB or guidance regarding these trainings.
b. If no, please explain what actions THECB is taking to train staff.
8. Where Governor Abbott’s directives conflict with the new federal laws, does the
THECB acknowledge that its primary obligation is to comply with federal law?
a. If no, please provide any internal analysis, materials, or legal justification for
violating federal law.