OKLAHOMA CITY (KFOR) – A new proposal to Title IX laws earns negative feedback from State Superintendent Ryan Walters, who pledges to sue the Biden Administration if the rule becomes law.

“What we’re seeing now is the federal government’s obsession with controlling our schools and pushing a radical agenda,” said Walters.

Last week, the US Department of Education proposed a new rule to make a total ban on trans athletes illegal.

Instead of a “one-size-fits-all policy,” it would allow schools to set limits on trans athletes in high school and college. Those limits would be based on fairness in competition and safety.

Oklahoma currently bans trans girls from playing in girls sports.

If the proposed rule were to become law, the ban known as the Save Women’s Sports Act, would be illegal.

Superintendent Walters said in Wednesday’s meeting that his department would fight the Biden Administration in the courts.

“If the Biden administration really wants to move forward with the most radical initiatives that we have ever seen in the country’s history we’re gonna sue him,” said Walters.

The State Board of Education held a special meeting Wednesday to go over the new federal proposal and vote on a new motion.

All members voted to order all school districts to send in a report of their sports policies.

This includes:

  • All sports offered, both men and women sports
  • Grade levels of participants
  • Grade level when sport offers separate teams for men and women
  • A copy of policies the school district follows regarding sports teams separated by sex
  • A list of sports teams, if any, that don’t comply with state statute

The information will be compiled and sent in during the public comment period for the new proposed rules.

General counsel for the SBE said the federal proposal was not clear, and the information from district would send a message to the Biden Administration to add specifics to its rule.

“Instead of saying you will allow transgender people on women’s teams in all circumstances they have started creating a vague balancing test that they are going to require state and local departments to do,” said Bryan Cleveland, General Counsel for SBE.

Tamya Cox-Touré, Executive Director of ACLU of Oklahoma, said Oklahoma’s ban on trans-girl athletes is “rooted in little more than discrimination and ignorance.”

“The Oklahoma State Board of Education must begin considering how to comply with both the rules and the constitutional and federal statutory protections against discrimination of students,” responded Cox-Touré, in part of a statement.

Districts will have 21 days to submit their sports policies.

Walters said this is to ensure their public comment makes it within the 30 day window.