Southeastern Legal Foundation (SLF) is calling on the Trump Department of Education to right some Obama-era wrongs in one Pennsylvania school district.
Ten years ago, Delaware Valley School District entered into a resolution agreement with the Obama Department of Education to comply with Title IX guidance documents issued by the Department. The problem? The resolution agreement ignores longstanding federal law by banning discrimination and harassment on the basis of “gender identity,” “gender expression,” “gender stereotypes,” and “transgender” status—expanding the definition of “sex” beyond its limits under Title IX. Worse, the informal guidance documents it is based on were rescinded by the Trump Administration almost a decade ago. In fall 2025, SLF sent a letter to the Trump Department of Education urging it to rescind the outdated resolution agreement.
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The Obama-era resolution agreement with Delaware Valley forces the district to adopt and maintain policies that specifically ban “gender-based discrimination,” undermining Title IX’s sex-separate protections that keep girls and boys safe in locker rooms, bathrooms, and on athletic fields.
But as federal courts made clear, including in a recent case brought by SLF on behalf of national organizations challenging Biden’s similar attempts to change Title IX, Title IX protects against discrimination based on biological sex. It is not up to an executive agency, but to Congress, to decide whether and when to change the plain meaning of a statute. President Trump has also made it very clear that his administration requires compliance with Title IX, issuing executive orders protecting biological sex in schools in his early days in office.
SLF is calling on the Trump Department of Education to investigate and rescind the noncompliant policies in Delaware Valley. For ten years too many, the school district has ignored federal law and must be held accountable.