WHEREAS, Title IX of the Education Amendments of 1972 is a federal law that specifically states that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance; and

WHEREAS, All public and private elementary schools and secondary schools, school districts, colleges, and universities receiving any federal funding must comply with Title IX; and

WHEREAS, Title IX requires equal access in recruitment, admissions, counseling, financial assistance, discipline, employment, and athletics, requires protection from sex-based harassment, and requires equitable treatment of pregnant and parenting students; and

WHEREAS, The educational equity guaranteed in Title IX does not solely apply to women, Title IX protects everyone from sex-based discrimination, regardless of sex, gender identity, or gender expression; and

WHEREAS, Discrimination on the basis of sex can include sexual harassment or sexual violence, including rape, sexual assault, sexual battery, and sexual coercion; and

WHEREAS, Title IX has been used as a basis in a number of complaints alleging sexual violence on college campuses, as sexual violence interferes with a student’s right to receive an education free from discrimination; and

WHEREAS, In 2011, the Legislature passed Assembly Bill 620 of the 2011–12 Regular Session, authored by Assembly Member Block, to expand the definition of gender to include “gender expression” for purposes of the Equity in Higher Education Act in order to afford persons, regardless of their gender identity or gender expression, equal rights and opportunities in the state’s public postsecondary educational institutions; and

WHEREAS, In 2020, the Legislature passed Senate Bill 493 of the 2019–20 Regular Session, authored by Senator Jackson, to provide clarity on the rules and procedures for the prevention of sexual harassment in postsecondary institutions that receive state financial assistance and to provide clarity on the grievance procedures required to resolve complaints of sexual harassment at those institutions; and

WHEREAS, In April 2024, the United States Department of Education released a final rule under Title IX, hereinafter referred to as the 2024 Final Rule, amending the regulations implementing Title IX of the Education Amendments of 1972. The 2024 Final Rule seeks to promote educational equity and opportunity for students across the country by strengthening and clarifying that the protections endowed in Title IX apply to all forms of sex discrimination, including discrimination based on gender identity or gender expression. The 2024 Final Rule, codified in Part 106 of Title 34 of the Code of Federal Regulations, is enforced by the United States Department of Education and is effective August 1, 2024; and

WHEREAS, In State of Kansas, et al. v. United States Department of Education, et al. (2024) ___ F.Supp.3d ___, the plaintiffs sought an injunction forbidding the 2024 Final Rule from going into effect on August 1, 2024. The United States District Court for the District of Kansas granted the plaintiffs’ motion for a preliminary injunction on July 2, 2024, which ordered that the United States Department of Education and the United States Department of Justice are prevented from implementing, enacting, enforcing, or taking any action to enforce the 2024 Final Rule set to become effective on August 1, 2024, against the states of Kansas, Alaska, Utah, Wyoming, the school of one of the plaintiffs, the schools attended by the members of Young American’s Foundation or Female Athletes United, and the schools attended by the children of the members of Moms for Liberty; and

WHEREAS, As of July 15, 2024, multiple colleges and universities in the state of California were enjoined in the preliminary injunction issued on July 2, 2024, including 30 community colleges, 10 campuses of the California State University, 6 campuses of the University of California, and 21 independent colleges and universities; and

WHEREAS, the United States District Court for the District of Kansas wrote in its decision to grant the preliminary injunction on July 2, 2024, that “nothing in this order limits the ability of any school to adopt or follow its own policies, or otherwise comply with applicable state or local laws or rules regarding the subjects of addressed herein”; now, therefore, be it