Stillwater district warns federal Title IX guidance could put roughly $5.8 million in funding at risk
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Summary
Superintendent Michael Funk told the school board that a recent U.S. Department of Education Office for Civil Rights finding and subsequent federal action have created a conflict with Minnesota law; the district is following state law while the state attorney general reviews the federal finding.
Superintendent Michael Funk told the Stillwater Area Public Schools Board that a recent finding by the U.S. Department of Education’s Office for Civil Rights (OCR) alleging the Minnesota Department of Education and the State High School League violated Title IX has created a conflict between federal enforcement and Minnesota state law.
Funk said the federal finding and related federal notice put districts across Minnesota in a difficult position because districts are subject to both federal obligations under Title IX and state obligations under the Minnesota Human Rights Act. “We have to follow state law at this point because there’s no federal law that you’re in violation of,” Funk said during the board meeting.
Funk told the board the district has received a notice from MDE describing potential fiscal exposure if federal action moves forward; he said the district’s current estimate of the federal funds that could be at risk is approximately $5,800,000 (the district described that as roughly equivalent to 58 teacher salaries). The superintendent said legal advice to the district is to follow state law while the Minnesota Attorney General’s office reviews the OCR action.
Members of the public addressed the board on the topic during public comment. Kate Perry said the district should “honor Title IX” and keep athletics and facilities separate by biological sex, arguing mixed competition would harm female athletes. Mike McCarthy urged the board to take a public position and to consider a resolution. McCarthy said the board’s silence on the issue amounted to “inaction” and that allowing males to compete in female sports was “simply unfair.”
Funk and several board members repeatedly told the public the district cannot create policy that contradicts state law and that families concerned about state or federal policy should contact state or federal lawmakers. “We can’t go off on our own on this issue,” Funk said, adding that many districts are waiting to see whether the dispute between the federal government and Minnesota will be decided in court.
Board members asked for updates as the attorney general’s review and any federal actions proceed. The board did not take any policy action at the meeting; Funk said legal and legislative developments will determine next steps.
Ending — Next steps The board asked administration to continue monitoring the attorney general review and federal actions and to report back when new guidance, changes in law, or funding decisions require board attention. Community members and staff were directed to state and federal elected officials for policy changes that are outside local authority.
