A series of court decisions in Massachusetts that will affect how the federal government allocates funds for schools in the state has caused the Massachusetts public schools to lose out on federal Title IX funding.
The federal government has decided that the Massachusetts School Districts School Choice Program is no longer eligible for Title IX funds because the district’s policies discriminate against lesbian, gay, bisexual, transgender, and queer students.
A similar ruling was issued in October of this year by a federal judge in Illinois.
The U.S. Department of Education said the Illinois court decision does not affect the Massachusetts district’s school voucher program.
Massachusetts School District v.
Boston, a ruling issued in November of 2018, found that Massachusetts School Boards were violating Title IX by discriminating against transgender students.
The ruling found that the Boston School District discriminated against transgender student in a policy that allowed students to choose their gender at birth, regardless of their sex at birth.
In June, the U.N. Educational, Scientific and Cultural Organization (UNESCO) called on the U to review its stance on the issue.
The Massachusetts Supreme Judicial Court ruled that the school district’s policy violated Massachusetts’s federal Equal Protection Clause, which protects people from “sex discrimination.”
In a decision released last month, the state Supreme Judicial Commission found that both the Boston and Cambridge School District violated Title IX regulations.
In their decision, the commission found that schools were required to allow transgender students to use the school’s bathrooms and locker rooms, and to allow students to wear clothing that aligns with their gender identity.
However, in the case of the Boston District, the court said the school is not required to provide accommodations for gender identity and expression.
Massachusetts is one of 17 states that have sued the federal Department of Justice over the federal funding rules, arguing that the Department of Health and Human Services’ mandate to provide Title IX-funded schools with Title IX financial aid does not apply to Massachusetts.
“In this case, the Commonwealth’s complaint does not allege that the schools’ policies discriminate in any way against transgender people, or are otherwise discriminatory,” the Massachusetts Supreme Court said.
In their ruling, the Massachusetts commission also found that, while schools should provide accommodations to students on the basis of their gender expression, it does not require schools to do so, and that the Commonwealth cannot require schools, including the Boston Charter School, to accommodate students based on their gender.
The state also argues that the Federal Government’s requirement that schools allow transgender student access to restrooms and locker room facilities consistent with their identity violates the Massachusetts Constitution and Title IX.
The Commonwealth is also seeking an injunction that would prevent the Boston schools from using Title IX money to pay for gender-neutral bathrooms.
If the court grants the injunction, the federal dollars that the state is seeking will be transferred to the Massachusetts school district.
The court also ordered the Commonwealth to return the federal funds that the federal money will be used for.
The Boston Charter is also suing the Massachusetts Department of Public Health and the Massachusetts Office of Equal Opportunity for not implementing the state’s transgender inclusion policy, which the Boston charter has argued is discriminatory and violates the Equal Protection clause.
The charter says the policy is a violation of Title IX and the Americans with Disabilities Act.
For more information on the lawsuit, check out the following links: The Commonwealth v. the Boston Board of Education, Inc. and the Boston Children’s Charter Schools