Request for Rescission: Delaware Valley School District

SLF Urges Department of Education To Rein In Obama-Era School Policies

About the Case

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 Worse, the informal guidance documents it is based on were rescinded by the Trump Administration almost a decade ago. In fall 2025, SLF sent a letter to the Trump Department of Education urging it to rescind the outdated resolution agreement.

Read More

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.

Case Status

Open

Court

Request for Rescission

Why This Matters

Congress passed Title IX in 1972 to ensure that men and women had equal rights “on the basis of sex” in schools. For decades, it was clear that Congress intended the law’s protections to extend to males and females only, especially by providing for sex-separate spaces and activities like bathrooms and sports.

But when Obama was President, his administration began issuing informal “Dear Colleague” letters telling schools that they had to extend Title IX’s protections to transgender students—meaning students could use whatever bathroom and participate on whatever athletic team aligned with their “gender identity.” The Biden administration doubled down on this by formally trying to change the definition of “sex” under Title IX to include “gender identity.”

Schools like Delaware Valley School District are caught in the crosshairs of these unconstitutional laws. That is why, in light of federal court orders affirming that only Congress can change Title IX, SLF is urging the Trump administration to intervene and rescind bad, outdated, and unconstitutional agreements like the one between the Delaware Valley School District and the then-Obama Department of Education.

Why This Matters

Congress passed Title IX in 1972 to ensure that men and women had equal rights “on the basis of sex” in schools. For decades, it was clear that Congress intended the law’s protections to extend to males and females only, especially by providing for sex-separate spaces and activities like bathrooms and sports.

But when Obama was President, his administration began issuing informal “Dear Colleague” letters telling schools that they had to extend Title IX’s protections to transgender students—meaning students could use whatever bathroom and participate on whatever athletic team aligned with their “gender identity.” The Biden administration doubled down on this by formally trying to change the definition of “sex” under Title IX to include “gender identity.”

Schools like Delaware Valley School District are caught in the crosshairs of these unconstitutional laws. That is why, in light of federal court orders affirming that only Congress can change Title IX, SLF is urging the Trump administration to intervene and rescind bad, outdated, and unconstitutional agreements like the one between the Delaware Valley School District and the then-Obama Department of Education.

News Releases

Southeastern Legal Foundation demands Department of Education rescind outdated and unconstitutional Title IX policies in Delaware Valley, PA

SLF urges the Department of Education to rescind an outdated resolution agreement between Pennsylvania’s Delaware Valley School District and the then-Obama Department of Education, which allows the school district to violate Title IX by banning discrimination and harassment on the basis of “gender identity,” “gender expression,” “gender stereotypes,” and “transgender” status.

read more

Support our work

The Southeastern Legal Foundation is dedicated to defending liberty and Rebuilding the American Republic®. Since 1976, SLF has been going to court for the American people when the government overreaches and violates your constitutional rights.

We need your support to continue this fight. Please donate $25, $100, or more today to protect the next generation.

Share This