WESTFORD – Westford Public Schools have been at the center of an ongoing debate among residents surrounding Title IX of the Educational Amendments Act.
The latest regarding this debate came when a Westford resident submitted an opinion piece, which WestfordCAT published on Oct. 22.
“Despite its legacy of inclusion, Title IX is increasingly being misused as a tool for exclusion,” the resident wrote. “Some argue that Westford’s policy of allowing transgender and nonbinary students to participate in physical education, intramural, and interscholastic athletics in a manner consistent with their gender identity violates Title IX. This is brazen misinformation. Title IX’s applicability to transgender athletes competing on teams consistent with their gender identity remains indisputably unsettled. Ensuring that every student has access to these benefits without stigmatization upholds the true spirit of Title IX: equity, opportunity, and belonging. Transgender and gender nonconforming children deserve access to all aspects of student life. They belong in school, and they belong in our wider community.”
This new opinion piece was submitted in response to another Westford resident, who submitted an opinion piece which WestfordCAT published on Oct. 3 criticizing the Westford School Committee for their policy on transgender and gender nonconforming students – which the resident argued violates Title IX.
That resident accused the School Committee of discriminating against girls at Westford Public Schools by permitting boys to participate in interscholastic athletics in a manner consistent with their gender identity.
Additionally, the resident said the School Committee allowed boys to access the girls restrooms, locker rooms and changing rooms, if the boys decide that those places correspond to their gender identity.
Title IX is a federal law that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. It 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.”
In his opinion piece, the resident refers to a federal court ruling in January 2025, which found that the Department of Education under former president Joe Biden in 2024 had exceeded its statutory authority under Title IX, by expanding the definition of protection from sex to gender identity and recognized the rewrite as “arbitrary and capricious.”
Referencing this ruling, the resident said that Westford Public Schools are risking losing federal funding by going against this ruling and violating Title IX.
In response to these accusations, WestfordCAT began an investigation, reviewing the Westford Public Schools’ policy on gender and gender non-conforming students, and how they relate to both the Massachusetts state laws, which are followed by the Massachusetts Interscholastic Athletic Association, and the federal Title IX statute.
During the investigation, WestfordCAT spoke with Westford Superintendent Christopher Chew, and asked him about the gender policy at Westford Public Schools and if is in violation of Title IX.
“Our policy, and all the policies we have, but specifically the policy in question about transgender and gender non-conforming students, is following Massachusetts state law,” Chew said. “The laws in Massachusetts are very clear as to enrollment, to access that students have, and making sure that the policies that we have in place are not discriminating against any students. The Title IX regulations have adjusted over the last couple years. The previous administration had made some changes to the Title IX laws and then the current administration changed them again. In both cases, we’ve been aligning our policies to the Massachusetts state laws, which are more protective than federal laws – and states are allowed to do that.”
In his opinion piece, the resident also accused the School Committee of exercising a policy that “instructs school staff to conspire with students who don’t wish to divulge to their parents that they are transitioning at school,” and that “teachers have been instructed to work closely with the student to assess the degree to which, if any, the parent/guardian/caregiver will be involved in the transition process.”
WestfordCAT spoke with School Committee Chair Kathryn Clear, and asked her if such a policy is practiced at Westford Public Schools.
“According to state laws, kids over the age of 14 have the right to keep information that they tell a staff member confidential,” Clear said. “Our staff include qualified guidance and adjustment counsellors and school psychologists. their first priority is working with the student and what their social and emotional well-being is. So older students do have some autonomy over their school life, but it’s more about staff supporting students, it’s not like they’re purposely trying to keep information from their parents, that’s not the case at all.”
Finally, addressing the residents claim that Westford Public Schools are risking losing federal funding due to their gender policy, WestfordCAT asked Select Board member and lawyer Sean Kelly if it was a possibility.
“Massachusetts General Law, Chapter 76, Section 5, 603, Court of Regulations 26, essentially take Title IX one step further, and say that educational institutions cannot discriminate on the basis of gender identity,” Kelly said. “Federal law, state law and municipal law can all exist, so long that they are not in conflict of each other. The regulations that we have in place in Massachusetts are not in conflict with Title IX because Title IX does not prohibit states from protecting people and students on the basis of gender identity. So to say that both laws cannot exist together is simply not true. The current state law is not in conflict with federal law, and a federal court has yet to file a lawsuit stating it is in conflict. Title IX states schools must prevent discrimination on the basis of sex, it says nothing about gender identity.”
