The 50th anniversary of Title IX was last week, and President Biden announced a rollback in the Trump era changes that removed certain protections from LGBTQ youth. Biden has promised to protect LGBTQ youth under Title IX, and these changes, proposed by Biden and the Department of Education, aim to do just that.
Title IX states that no one should be excluded from participation or face discrimination on the basis of sex in any education programs or activity receiving federal assistance.
The former president and former secretary of education amended Title IX to protect those accused of breaking the law and their rights instead of their victims. Specifically, one amendment set forth additional requirements for university grievance procedures when a person reports sexual assault or harassment, which opponents argued would discourage students from reporting sexual misconduct at all. Their rules also lessened the requirement for schools, colleges, and institutions to look into claims and violations reported. Biden’s changes would return the protection to the victims.
Biden and Miguel Cardona, the current secretary of education, will protect victims and students by including “unwelcome sex-based conduct that creates a hostile environment by denying or limiting a person’s ability to participate in or benefit from a school’s education program or activity.” This expands who is protected, since some forms of harassment weren’t included as Title IX violations in recent years. The change would also require schools to investigate all reports.
The new changes will provide clear protections for LGBTQ students by making discrimination based on sexual orientation and gender identity a violation under Title IX.
“Preventing someone from participating in school programs and activities consistent with their gender identity would cause harm in violation of Title IX, except in some limited areas set out in the statute or regulations,” the Department of Education says.
However, some, like the Congressional LGBTQ Equality Caucus, believe that these changes are leaving out a crucial group: trans youth and students.
“While the Caucus is disappointed that this proposed rule does not address trans inclusion in sports, we look forward to working with the Department of Education to ensure that trans students have the same opportunities as any other students,” says David Cicilline, chair of the Congressional LGBTQ+ Equality Caucus. The Department of Education says more rules made specific to transgender students and athletes will be released at a later time.
Biden’s changes are out to the public in order to receive feedback before finalizing them. They are expected to take effect next year at the earliest. We hope that Biden and the Department of Education keep their promises.
Photo courtesy of the White House on YouTube
