JULY 2024 | Volume 2 | Number 7
Welcome to the July 2024 edition of the ACCS Legal Update.
This month’s update comes just days after the startling assassination attempt on former President Donald Trump. The attack was the first of its kind since March 30, 1981, when President Ronald Reagan was shot by John Hinkley Jr. in Washington, D.C.
While speaking at a campaign event in Pennsylvania, a rooftop gunman fired multiple shots before being shot and killed by Secret Service agents. Milliseconds before the first shots were fired, President Trump moved his head slightly, the bullet striking his right ear. The difference between life and death was mere centimeters.
It was perhaps that realization that led President Trump to acknowledge that it was “God alone who prevented the unthinkable from happening.”
Such a sobering event serves as a powerful call to prayer for our leaders and our land. But it also reminds us that God is sovereign – over the fate of nations, the lives of leaders, the path of bullets, the movement of heads. As R.C. Sproul once said, “There are no maverick molecules in the universe.”
May that realization comfort our hearts, not only in times of national turmoil, but through all the days of our lives – as we teach our students, lead our schools, and prepare for the coming school year.
Tapia v. Jurupa Unified School District
Several weeks ago, California’s Jurupa Unified School District (JUSD) settled with former high school teacher Jessica Tapia, who had filed suit against the district. Tapia’s lawsuit alleged that the school district was guilty of unlawful discrimination for firing her when she refused to follow instructions that violated her religious beliefs.
The lawsuit noted that Tapia was told to “lie to parents about their children’s gender identity, refer to students by their preferred pronouns, refrain from expressing her religious beliefs with students or on her social media, and allow students to use the bathroom or locker room that matched their preferred sex.”
JUSD eventually settled the lawsuit for $360,000. Julianne Fleischer, part of Tapia’s legal team, touted the settlement as a reminder that “religious freedom is protected, no matter your career.” She continued, “If the school district’s actions were legal, no teacher of faith would be qualified to serve as a public school teacher. Jessica’s story is one of faithful courage. She fought back to ensure her school district was held accountable and that no other teacher has to succumb to this type of discrimination.”
Representatives for JUSD, however, emphasized that the settlement was not a “win” for Tapia, noting that the district admitted no wrongdoing or discrimination.
While the settlement provides financial remuneration for Tapia, the absence of a trial means no one knows how the courts would have ruled. If the claims in Tapia’s lawsuit are true, it represents brazen religious discrimination.
Unfortunately, the current climate of American public education leads me to believe we only need wait until next time … and there will be a next time.
Legal Challenges to Title IX Changes
In April, the U.S. Department of Education made significant changes to Title IX – part of the 1972 Education Amendments which specifically prohibits discrimination on the basis of sex. The prohibition applies to educational programs and activities, including athletics. The Department of Education expanded the prohibitions of Title IX to include “sexual orientation, gender identity, and sex characteristics.”
Since then, multiple lawsuits have been filed challenging the implementation of the new wording. Rapides Parish School Board in Louisiana filed suit in May, with Carroll Independent School District of Texas following in June.
Both lawsuits were filed by Alliance Defending Freedom (ADF) and allege that the new Title IX rule represents a “radical abuse of power threatens the privacy, safety, and constitutional rights of students across the country.”
ADF further warns, “Under the new rule, schools would be forced to allow males who identify as female to enter girls’ private spaces like locker rooms, restrooms, showers, and hotel rooms on overnight trips. In other words, the rule would force women and girls to undress, sleep, or shower with males who identify as female.”
These lawsuits and their outcomes should be closely followed by all school leaders and parents because, while it is true that the new rule only applies to schools and programs receiving federal funding, legal challenges and precedents are developing.
It would be wise for every ACCS school leader (heads of school and board members alike) to:
- Evaluate their policies and documentation to ensure they have explicit statements expressing the Christian identity, beliefs, and practices of the school – the absence of which may challenge a school’s ability to claim religious exemption.
- Scour school practices and programs for potential entanglements which could compromise the school’s claim of not receiving federal funding – scholarship initiatives, fundraising, athletic programs, etc.
- Examine school policies and action plans to determine if they are adequate in the event of legal challenges. Does the code of conduct (or similar policies for faculty, students, and families) address issues like “sexual orientation, gender identity, and sex characteristics”?
Grace & Peace,
Brian Phillips, Ed.D.
If you are in search of legal advice for you or your school, please consider the following resources: Brotherhood Mutual and Alliance Defending Freedom
Brian Phillips is the pastor of Holy Trinity Reformed Church (CREC – Concord, NC), teaches Rhetoric at Oaks Classical Christian Academy (Albemarle, NC), and is Board Vice Chairman for New Aberdeen College. Brian has also served as the Director of Consulting for The Circe Institute, Head of Upper School at Covenant Classical School (Concord, NC), and was an adjunct faculty member of Belmont Abbey College.
Dr. Phillips has an M.A. in Theological Studies, an M.A. in Classical Studies, an Ed.D. in Classical Education, and completed paralegal training at Duke University. He is also the author/editor of several books, including Sunday Mornings: An Introduction to Biblical Worship and the Canon Classics Guides to Dante’s Inferno and the Meditations of Marcus Aurelius. Brian and his wife, Shannon, live in North Carolina with their four children and their German Shepherd, Ajax the Great.