Maryland school board member targeted with Title IX investigation after speaking out against trans policy

A newly elected conservative school board member in Frederick County, Maryland claims he was unfairly put under investigation after he spoke out against the district's transgender-affirming policy.

Colt Black, a Republican and father of three in Frederick County, was elected to the county board of education last November.

His term had barely begun when he said he was put under a Title IX investigation for comments he made at the board's January 8 public meeting.

At that meeting, Black expressed concerns that Board Policy 443 — which compels students and school staff to use students' transgender pronouns and names — violates free speech and freedom of association rights under the First Amendment.

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A Republican school board member in Frederick County, Maryland, said he's been put under investigation for his comments at a January board meeting criticizing the board's transgender-affirming policy that compels speech. (Mark Kerrison/In Pictures via Getty Images)

Black recommended the board follow the guidance established in the 1943 Supreme Court case, West Virginia State Board of Education v. Barnette. In that case, the high court ruled that compelling public school students to salute the American flag or recite the Pledge of Allegiance was a violation of their First Amendment rights. 

"I'm not sitting here saying that you can't come to school and be who you are," Black added. "You should be able to do that. But at the same time, people should not have to be forced to participate with their language."

Just one week after making these comments, Black was informed that the board had received multiple complaints alleging his comments had violated Title IX and the board had launched an investigation to see whether his comments had violated the nondiscrimination policy.

Title IX, signed into law in 1972 by then-President Richard Nixon, was intended to prevent sex discrimination in educational programs receiving federal funding. During the Biden administration, it was expanded to allow new protections for gender identity.

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Legal group Alliance Defending Freedom (ADF) sent the FCPS board a letter on Black's behalf on February 11, warning them to drop the investigation and accusing the board of "unconstitutional retaliation" against the Republican for exercising his free speech rights. 

ADF claimed the board "caved to political pressure" after a local Democratic group, the Frederick County Democratic Central Committee (FCDCC), put out a statement calling Black's comments "hate speech" and encouraging community members to file discrimination and harassment complaints to FCPS.

The FCDCC highlighted Black's comment in which he stated, "That is where a lot of us come from. You can be you just as much as you have a right to be you. We have our right to be free from you. Everybody has a right to freedom of association under the First Amendment. So, there you go."

Black, who is also a member of the Frederick County Republican Central Committee, told Fox News Digital that he spoke out against the current policy because he believes it makes schools less safe, and it infringes on First Amendment rights.

"It compels teachers and staff to use gender pronouns and names that are not biologically based," he said. "It allows boys into the girls' bathroom to play on the girls' sports teams and in the locker rooms and on overnight trips. And it also allows the school to socially transition children without the consent of the parents and without the knowledge of the parents and never telling them. So from a parental rights' standpoint, from a constitutionally protected rights standpoint, it's a deeply concerning policy."

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The policy is up for review this May, he said. With the election of more Republicans to the board this past November, Black says there's a renewed push to reexamine the transgender policy as similar gender identity policies are scrutinized at the state and federal level. 

ADF senior counsel Tyson Langhofer told Fox News Digital that the board has asked for more time to respond to their letter. The legal group is continuing to pressure the board to drop its investigation.

"Students, teachers, and school board members have the constitutionally protected freedom to express their beliefs. The First Amendment prohibits the weaponization of the law to silence one’s political opponents," Langhofer said in a statement. "Colt is a democratically elected member of the Board. He cares about the integrity of his school district and the quality of education students receive, and he rightly observed that Policy 443 contains serious constitutional violations. Rather than take his concerns seriously, the Board caved to political pressure to punish him for his beliefs. We are urging the board to end its vindictive Title IX investigation. As we’ve recently seen elsewhere, there is a high cost for school districts that punish officials for their beliefs."

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Colt Black, a Republican recently elected to the Frederick County Board of Education, said he was concerned that the district's transgender-affirming policy would make school less safe for all students. (iStock)

Frederick County Board of Education President Rae Gallagher confirmed to Fox News Digital that a Title IX investigation was underway and was required by state law.

"By law, when a Title IX complaint is received by an educational institution in the state of Maryland, an investigation is required. The school district received over 30 Title IX complaints based on the comments made by Mr. Black during his Board comments and an investigation was required. That investigation is now ongoing," she said.

In January, a federal judge struck down the Biden administration's re-write of Title IX, calling it "abundantly clear" that the law refers to discrimination based on being a male or female.

Earlier this month, President Trump also signed the "No Men in Women's Sports" executive order to keep biological male athletes out of women's sports, which the White House said would uphold "the promise of Title IX."

In January, Trump signed another executive order, "Ending Radical Indoctrination in K-12 Schooling," which calls to end federal funding or support "for illegal and discriminatory treatment and indoctrination in K-12 schools, including based on gender ideology and discriminatory equity ideology."