The Biden administration is set to announce changes to Title IX, the federal law that prohibits sex discrimination in federally funded schools. The new rule, scheduled to take effect on August 1, will bring significant changes aimed at protecting LGBTQ+ and pregnant students while overhauling controversial guidance from the Trump era.
Education Secretary Miguel Cardona emphasized the importance of creating inclusive educational environments that celebrate diversity and root out hate. The updated regulations will require schools to safeguard students from all forms of sex discrimination, including sexual violence, harassment, and discrimination based on pregnancy or related conditions.
Notably, the revised rule explicitly prohibits discrimination based on sexual orientation, gender identity, and sex characteristics in federally funded education programs. This move formalizes the administration's commitment to strengthening Title IX protections for transgender students and preventing retaliation against those who report sex discrimination.
The new regulations will also reverse previous guidance under the Trump administration that narrowly defined sexual harassment and investigation requirements. Critics argued that these rules could deter survivors from reporting incidents of sexual assault and harassment on college campuses.
Under the updated rule, schools will be required to address all forms of sex-based harassment, creating a safer environment for students to participate in educational programs without fear of discrimination. The revised regulations provide flexibility in assessing parties' credibility during investigations, allowing for individual meetings with parties or witnesses and questions proposed by each party.
While some changes from the Trump era remain, such as the provision preventing schools from imposing disciplinary measures before a Title IX investigation is completed, the new rule represents a significant step towards promoting equity and inclusivity in educational settings.
The Biden administration's commitment to expanding Title IX protections reflects a broader effort to create a more welcoming and supportive environment for all students, regardless of their gender identity, sexual orientation, or pregnancy status.
