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America’s First Legal (“AFL”) just launched a “Parents Rights Toolkit” to help parents protect children from woke educators and policies in K-12 schools, colleges and universities.

The AFL toolkit includes template letters and other resources to help parents file civil rights complaints with the U.S. Department of Education Office for Civil Rights under:

• Title IX, which prohibits discrimination on the basis of sex;
• Title VI, which prohibits discrimination on the basis of race, color, or national origin; and
• The Protection of Pupil Rights Amendment (“PPRA”), which protects parents’ rights to know about and opt out of divisive race and gender-related lessons and curricula.

The toolkit additionally includes state-specific Freedom of Information template letters that can be used when making public records requests.

Title IX

Title IX prohibits discrimination “on the basis of sex.” It applies to all public and many private K-12 schools, along with nearly all public and private colleges and universities.

“Sex” under Title IX means biological sex, male or female, so it should protects girls’ sports, bathrooms, and locker rooms from gender dysphoric males.

AFL provides a couple of examples:

• A public high school that allows a biological male to play on the girls’ volleyball team or a middle school that allows a boy to use the girls’ restroom because he claims to be female likely violates the law.
• A school district that treats a girl who claims to be a boy differently than the other girls, e.g., by providing her access to special programs, activities, and privileges, likely violates the law.   

Additionally, federal law prohibits schools taking federal funds if they adopt policies that compel students to violate sincerely held religious beliefs, such as sharing restrooms with members of the opposite sex or mandating that students use transgender “pronouns.”

Parents of children who suffer discrimination “on the basis of sex” may immediately sue to enforce the law. 

GET THE TITLE IX TOOLKIT

Title VI

Title VI protects against discrimination “on the basis of” race, color, or national origin in programs that receive Federal financial assistance, including all public K-12 schools, nearly all private K-12 schools, and public and private colleges and universities.

Services, aid or benefits cannot be denied, changed or delivered differently “on the basis of” race, color, or national origin. And individuals cannot be segregated or treated differently in the receipt of any service, aid, or benefit.

As with Title IX, federal law prohibits schools taking federal funds if they adopt policies that compel students to violate sincerely held religious beliefs.

Failure to provide equal protection to Jewish students, such as by ignoring antisemitic harassment may also potentially be subject to allegations of discrimination under Title VI.

GET THE TITLE VI TOOLKIT

PPRA

PPRA applies to all public schools that receive federal funding.

It protects parents’ rights to review curriculum, and requires schools to give notice and allow the right to opt-out of lessons, surveys, and certain activities, like those that ask divisive questions about gender, race, political beliefs, religious beliefs, sexual behavior and attitudes, illegal or demeaning behavior, family members, etc.

Under PPRA, parents have the right to inspect “any instructional material” used as part of their child’s education, but parents have to request to view the materials (including any teacher training materials) because schools aren’t required to be proactive.

GET THE PPRA TOOLKIT

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