New Title IX regulations expand protections for LGBTQ+ students

Students across the country will return to their schools this year with new Title IX protections, as President Joe Biden worked with the Department of Education to write permanent legislation known as the “Title IX Final Regulations,” aimed at preventing discrimination and harassment in academia based on sexual orientation, gender identity and gender characteristics.

This standard will be enforced in K-12 schools, as well as colleges and universities, based on 235,000 public comments that were considered when developing the new Title IX language.

Federally funded education programs can no longer legally minimize the experiences of LGBTQ+ students by ignoring acts of bullying, forcing them to study separately or treating them differently from other students. This ban will have a significant impact on the everyday lives of transgender youth, who are disproportionately targeted by discrimination in educational settings.

“This final rule builds on the legacy of Title IX by making clear that all students in our nation have access to schools that are safe, welcoming, and respectful of their rights,” U.S. Secretary of Education Miguel Cardona said after the announcement in April.

The rule will come into force on August 1 and will give students the freedom to respect the identity they choose instead of relying on the gender given at birth, which was previously mandatory.

School staff will now be held accountable for student “outings,” and administrators who are reported for such actions may face discipline under the standard procedural grievance process. Adults can no longer use intimidation tactics, threats, or broader coercive measures to interfere with scholars’ rights under Title IX. The department’s amendment would also prohibit institutions from forcing students to participate in activities without regard to gender, except in limited circumstances such as housing facilities or sports teams.

Despite the clear language, many conservative justices rejected the issue, saying the provision created a loophole for transgender children to integrate into team sports. U.S. District Judges Terry A. Doughty and Danny C. Reeves used their authority to temporarily block expansion in Kentucky, Indiana, Ohio, Tennessee, Virginia, Idaho, Louisiana, Mississippi, Montana and West Virginia.

“The rule includes a new definition of sexual harassment that may require teachers to use pronouns consistent with a student’s presumed gender identity rather than their biological sex,” Reeves wrote. “Given the ‘common’ nature of pronoun use in everyday life, teachers would likely be required to use students’ preferred pronouns, regardless of whether doing so conflicts with the teacher’s religious or moral beliefs.” A policy that compels speech and engages in such viewpoint discrimination is unacceptable.”

Kentucky Attorney General Russell Coleman agreed, stating that the expansion is “unlawful and exceeds the agency’s regulatory authority” and would undermine equal opportunity for women.

Others have raised questions about the realism of implementing these policies months before students return to campus.

“We appreciate the policy areas that provide additional flexibility and clarity so that our campuses can better serve students,” said Ted Mitchell, president of the American Council on Education. “However, in several respects, this rule will expand already complex regulations in ways that will create significant new obligations for campuses, requiring massive amounts of retraining for campus administrators and employees. This includes new and expanded reporting obligations for virtually every employee on campus.”

The 2024-25 academic year will ultimately show whether these new protections can be successfully implemented in classrooms across the country. Lawmakers are waiting to hear positive results and stories of learning improvements from teachers as well as families across states.

“These final regulations clarify the requirement in Title IX that schools respond promptly and effectively to all forms of sex discrimination,” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “We look forward to working with schools, students, and families to prevent and eliminate sex discrimination.”

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