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Two conservative groups filed a federal civil rights complaint on Tuesday against the Illinois State Board of Education and Chicago Public Schools for extending Title IX protections to include gender identity, which they say clashes with Trump administration policy.
In their complaint, filed with the U.S. Department of Education’s Office for Civil Rights, the Defense of Freedom Institute for Policy Studies and the Liberty Justice Center allege that the state board and CPS are violating Title IX by “forcing students to share bathrooms, locker rooms, and overnight accommodations with members of the opposite sex, based solely on self-declared ‘gender identity,’” according to a press release.
The complaint names the Illinois State Board of Education’s guidance from 2020 and Chicago Public Schools’ interim guidance from 2024 and alleges that both documents misinterpret Title IX by arguing that the clause protects against discrimination and harassment on the basis of gender identity.
The complaint also claims that the state board prevents schools from notifying parents about a student’s gender identity and does not factor in other students’ rights to privacy. In the complaint, the groups say that the Illinois state board policy creates a “regime of secrecy” that “prioritizes gender ideology over privacy and safety interests and, as discussed below, violates Title IX and the right of parents to raise and educate their children.”
A spokesperson for the Illinois State Board of Education said the agency “cannot comment on matters pending before Office of Civil Rights.”
Chalkbeat reached out to Chicago Public Schools for a comment on the complaint, but the district had not responded by the time of publication.
Title IX is a federal law that protects students against sex-based discrimination. Under the Biden administration, new rules were created to include gender identity. Under those rules, if schools prevented students from using bathrooms aligned with their gender identity or if teachers did not use a student’s chosen name and pronouns, they would be violating a students’ rights. However, Republican-controlled states sued the Biden administration for changing the rules.
After a federal judge overturned Biden’s Title IX rules in January, schools reverted back to rules under the first Trump administration, which do not include protections for LGBTQ students.
In addition to Trump’s Title IX rules, the complaint by the conservative groups cites executive orders limiting the rights of LGBT people. An executive order issued by Trump in January stated that the United States only recognizes two sexes, male and female, and the Executive branch will “enforce all sex-protective laws to promote this reality.” Another Trump executive order aims to prevent transgender women and girls from participating in sport teams that align with their gender identity.
In January, the U.S. Department of Education’s Office of Civil Rights opened an investigation into Denver Public Schools for converting an all-girls restroom at a local high school into a gender-neutral bathroom.
Illinois Republican lawmakers have filed several bills in the legislature to align with Trump’s policy agenda. One bill, HB 1204, would prevent transgender girls from participating in sports teams at school that align with their gender identity. However, that bill has yet to make it out of the House’s rules committee.
Samantha Smylie is the state education reporter for Chalkbeat Chicago covering school districts across the state, legislation, special education and the state board of education. Contact Samantha at ssmylie@chalkbeat.org.
