by Vanguard Staff
OAKLAND — California Attorney General Rob Bonta has joined a coalition of 16 attorneys general in filing a friend-of-the-court brief supporting New York City Public Schools in its legal challenge to the U.S. Department of Education’s decision to cut federal education grants over transgender-inclusive policies.
The brief was filed in Board of Education of the City School District of the City of New York v. U.S. Department of Education, pending in the U.S. District Court for the Southern District of New York. The coalition backs the school district’s motion for summary judgment and opposes the federal government’s cross-motion.
According to the memorandum, the U.S. Department of Education “sudden[ly] discontin[ued]” $36 million in federal grants to New York City Public Schools because its transgender-inclusive policies purportedly violate Title IX . The department has argued that the district’s guidelines, which allow transgender students to use bathrooms and locker rooms and participate in activities consistent with their gender identity, run afoul of federal law.
Bonta sharply criticized the decision.
“This is yet another attempt by the Trump Administration to attack transgender individuals’ rights by targeting states’ lawful policies that protect transgender students from discrimination,” Bonta said. “Transgender-inclusive policies have been demonstrated to create improved educational environments and outcomes for all students, whether they are transgender or cisgender. U.S. ED’s discontinuation of crucial grant funding is nothing more than an unjust effort to advance a hateful agenda. We will fight to protect our transgender communities from discrimination and secure safe, prosperous school environments for all Americans.”
The dispute centers on grants awarded to support magnet schools in New York City. In September 2025, the Education Department announced it would discontinue several five-year federal grants, alleging that the district’s policies violate Title IX because they allow transgender students to use bathrooms or participate in sports consistent with their gender identity. The decision stripped the district of $45 million in remaining federal funds that otherwise would have continued through 2028.
In October 2025, the Board of Education of the City School District of the City of New York filed suit, arguing that the department’s action violates the Administrative Procedure Act. The district contends that the federal government failed to follow required procedures and adopted an incorrect interpretation of Title IX.
The coalition of states filing the amicus brief emphasizes that the court does not need to reach the Title IX issue if it finds in favor of the district on other grounds. But the brief responds directly to arguments advanced by other states supporting the Education Department, which have asserted that Title IX categorically bars policies allowing transgender students to use facilities consistent with their gender identity.
The amici states argue that Title IX “at minimum, permits inclusive policies like the NYCPS Guidelines.” They describe the federal government’s interpretation as a “novel statutory interpretation” that would effectively prohibit districts from implementing transgender-inclusive policies.
In the filing, the coalition highlights its own experience with inclusive laws and policies protecting transgender people from discrimination. It states that the amici “have adopted inclusive laws and policies and strongly support the right of transgender people to live with dignity, be free from discrimination, and have equal access to education.” The brief argues that such policies confer “wide societal benefits” and do not compromise safety or privacy.
The memorandum cites court decisions concluding that transgender students’ use of sex-separated spaces consistent with their gender identity does not violate Title IX. It also notes that Title IX’s text does not mandate exclusion of transgender students from facilities or activities consistent with their gender identity.
Under Title IX, “[n]o 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” in federally funded education programs. The amici states argue that nothing in the statute requires schools to interpret “sex” in a way that bars transgender-inclusive policies.
They further contend that imposing such a requirement would effectively create a new condition on federal funding. Under Spending Clause principles, Congress must speak unambiguously when placing conditions on the receipt of federal funds. The brief argues that the Education Department’s interpretation fails that standard.
The coalition includes the attorneys general of New York, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington and the District of Columbia, in addition to California.
Bonta has repeatedly aligned California with multistate efforts to defend transgender students’ rights in court. In late 2025, his office filed amicus briefs opposing challenges to state policies allowing transgender students to participate in sports consistent with their gender identity, and supporting litigation brought by transgender students challenging state laws restricting participation.
The case now pending in New York could have broader implications beyond the immediate funding dispute. If the court were to accept the federal government’s interpretation, it could place school districts nationwide at risk of losing federal funding for maintaining transgender-inclusive policies.
For now, the coalition is urging the court to grant summary judgment in favor of New York City Public Schools and restore the grants. The memorandum concludes that the court “should grant summary judgment in favor of plaintiff and award appropriate relief as plaintiff requests in its motion for summary judgment.”
The Southern District of New York has not yet ruled on the competing motions.
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