The Department of Education will interpret Title IXa federal law that protects students from sex-based discrimination in federally funded schoolsto protect LGBTQ students from discrimination, according to a federal notice published June 17, according to NBC News.
The update is a reversal of a Trump administration policy rolling back Obama-era rules that directed schools to allow transgender students to use the bathrooms, changing rooms and other school facilities that aligned with their gender identity.
The department said in a press release that its interpretation came from the landmark U.S. Supreme Court decision in Bostock v. Clayton County, Georgia, which held that LGBTQ people are protected from employment discrimination under Title VII of the Civil Rights Act of 1964.
In a press release sent to Windy City Times, The National Center for Lesbian Rights (NCLR) applauded the decision. NCLR Transgender Youth Project Director Asaf Orr said, "Every young person deserves an equal opportunity to learn and participate in school. LGBTQ+ students experience much higher levels of discrimination and harassment, and that is particularly true for LGBTQ+ children of color and LGBTQ children with disabilities. The Department of Education's commitment to those students means that they are much more likely to experience welcoming educational environments where they can learn and thrive."
In a separate statement, Lambda Legal Counsel and Students' Rights Strategist Paul Castillo said, "All students deserve an education and learning environment where they can be themselves and be safe. LGBTQ students are protected against discrimination; it is the law, and there should be no confusion or doubt about it. … OCR [the U.S. Department of Education's Office for Civil Rights] is sending a crystal clear message to recipients of federal tax dollars that it is back in business and will enforce the rights of all students to be protected against discrimination and harassment."
The newest federal notice is at www2.ed.gov/about/offices/list/ocr/docs/202106-titleix-noi.pdf .