New Title IX guidelines finalized April 19 will protect the rights of LGBTQ+ students by federal law and further safeguards of victims of campus sexual assault, according to ABC News. But those protections don't extend to specific guidance for trans+ athletes, a demographic that's recently been under attack by the right.
The newest provisions are part of a revised Title IX regulation from the Education Department, fulfilling a campaign promise that President Joe Biden pledged. Biden said he would dismantle rules created by former Education Secretary Betsy DeVos, who added new protections for students accused of sexual misconduct. And while the 1972 law doesn't directly address the issue, the new regulations clarify that Title IX also prohibits discrimination based on sexual orientation or gender identity. Pregnant students will be better protected, too.
However, the LGBTQ+ protections don't specific one particular group: trans+ athletes. The administration originally planned to include a new policy forbidding schools from enacting bans on transgender athletes; however, that provision was put on hold.
Regarding sexual assault, schools now must address any unwelcome sex-based conduct that is so "severe or pervasive" that it limits a student's equal access to an education. Also, colleges will dismiss a controversial requirement for live hearings, including potentially traumatic cross-examinations between victims and the accused, per USA Today.
"Now, it's up to school administrators to act quickly to implement and enforce the updated guidance," said Emma Grasso Levine, a senior manager with the survivor-led advocacy group Know Your IX. "Student survivors of sexual violence, LGBTQ+ students, and pregnant and parenting students cannot afford to suffer any longer under policies that jeopardize their right to an education."
Advocates praised the new rule. Julianna Gonen, National Center for Lesbian Rights's (NCLR) federal policy director, said in an April 19 statement, "Today the U. S. Department of Education has enshrined in federal regulation what we all know to be true—discrimination against students on the basis of sex has no place in our schools. In this time when policymakers in some states are targeting LGBTQ—and particularly transgender—youth with hostile laws, it is essential for our federal government to send a clear message that such measures violate federal law. We welcome these updated Title IX rules and look forward to working with the Biden Administration to ensure that they are fully implemented so that all students can learn and thrive in our public schools."
GLBTQ Legal Advocates & Defenders (GLAD) Director of Transgender and Queer Rights Jennifer Levi said in that same statement, "This important rule could not come at a more critical time. LGBTQ+ students across the country are under attack and more vulnerable than ever. Hostile states and local school committees have wrongly cut back important school protections that queer and transgender young people need to thrive. GLAD and our partner organizations look forward to working with schools and school districts to ensure that local policies and practices comply with federal law."
Human Rights Campaign (HRC) also praised the change, but reiterated the call for protections for trans+ athletes. In an April 19 statement, HRC President Kelley Robinson said, "Today's rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: going to dances, safely using the restroom, and writing stories that tell the truth about their own lives. School administrators should take note and immediately act to implement anti-bias and anti-bullying and harassment programs that ensure misgendering stops, that cruelty against LGBTQ+ students ends and that every student has access to an education free of discrimination. This updated rule is a reminder of what Title IX has been designed to accomplish for more than fifty years: ensure students are safe from abuse, harassment, and discrimination while they pursue their education.
"Even as we celebrate this progress, our work is far from finished. LGBTQ+ Americans, particularly transgender youth, continue to endure ongoing attacks on their rights and their dignity at the state level. We call on the Biden-Harris administration to move swiftly to ensure Title IX protects the rights of transgender athletes to play and be part of a team. There are also critical protections in healthcare broadly, including veterans care, that are overdue. It's time to get the job done."
ABC News's article is at abcnews.go.com/Politics/biden-expands-title-ix-protections-pregnancy-trans-people/story. USA Todays' article is at
usatoday.com/story/news/education/2024/04/19/title-ix-biden-trump/73369449007/ .
—Andrew Davis
