New Title IX regulations, which have been finalized by the Biden administration, codify and strengthen protections for transgender individuals, victims of sexual assault and harassment, and expectant women.
“Title IX has guaranteed students an equal opportunity to learn and succeed in our nation’s schools, free from sex discrimination, for over half a century,” U.S. Secretary of Education Miguel Cardona said in a statement regarding the revision.
“These final regulations clarify that all students in the United States have access to schools that are safe, welcoming, and respectful of their rights, building on the legacy of Title IX.”
The new regulations formally incorporate “gender identity” as a safeguard against sex-based discrimination for the first time; however, the administration has stated that this criterion has been applied previously.
The administration’s proposed Title IX rule, which would prohibit the complete exclusion of transgender athletes from teams that reflect their gender identity, did not contain a ruling. This information was not disclosed in the announcement made today. The aforementioned procedure remains in progress, as per a senior administration official.
The Title IX update has expanded the definition of “sex-based harassment” to encompass “sexual violence and unwelcome sex-based conduct that creates a hostile environment by limiting or denying a person’s ability to participate in or benefit from a school’s education program or activity”; this provision now provides complete protection against “sex-based harassment.”
These modifications undo the restrictive definitions of sexual harassment that Betsy DeVos, the former Education Secretary of President Donald Trump, instituted.
Additionally, the updated regulations strengthen safeguards to prevent discrimination against students, employees, and applicants on the grounds of “related medical conditions, recovery from these conditions, pregnancy, childbirth, termination of pregnancy, lactation, or termination of pregnancy.”
According to the Biden administration, the final regulations, which go into effect on August 1, also require increased accountability for schools in promptly responding to information regarding misconduct based on sex discrimination.
It will be mandatory for educational institutions to provide training to staff members regarding their responsibility to prevent sex discrimination. Additionally, staff members will be expected to inform or furnish contact details for the Title IX Coordinator. Furthermore, standards for the quality of investigations conducted by schools to address complaints should be enhanced to ensure that they are “reliable and impartial.”
Cardona stated, “These regulations make it abundantly clear that all individuals have access to schools that are secure, inclusive, and that uphold their rights.”
