A student concentrating and taking notes while working with her classmates in a classroom. (Getty Images)
The U.S. Department of Education announced a final rule on Friday that will update the Title IX rules governing how schools respond to sexual misconduct, reversing changes made under the Trump administration and the former Secretary of Education. Betsy De Vos.
“For more than 50 years, Title IX has promised equal opportunity to learn and thrive in our nation’s schools, free from sex discrimination,” Education Secretary Miguel Cardona said during a call with reporters Thursday evening. “These final regulations build on the legacy of Title IX by clarifying that all of our nation’s students have access to schools that are safe, welcoming, and respectful of their rights.”
This new rule will undo the changes to Title IX overseen by DeVos. These regulations narrowly defined sexual harassment and mandated schools to hold live hearings so that those accused of sexual harassment or assault could cross-examine their accusers.
Many advocates argued that the practice would discourage victims of sexual misconduct from coming forward. President Joe Biden pledged during his 2020 campaign to ignore the Trump administration’s Title IX rules.
The final rule will protect students and employees from gender discrimination, such as sexual assault and other forms of gender harassment. It would also require schools to take steps to provide support to those who file complaints.
The rule also establishes guidelines for schools, such as handling all forms of sexual discrimination complaints fairly and promptly.
The new rule codifies protections for transgender students against sex discrimination. It prohibits discrimination against LGBTQ students and employees based on their sexual orientation, gender identity and gender characteristics.
“The final regulations clarify that a school may not segregate or treat individuals differently on the basis of sex in a manner that exposes them to more than de minimis harm, except in limited circumstances permitted by Title IX,” according to a fact sheet.
“The final regulations further recognize that preventing an individual from participating in school (including in single-sex activities) consistent with that individual’s gender identity causes more than de minimis harm to that individual.”
The rule does not set new criteria for transgender athletes, which is a separate rule that the Education Ministry is still finalizing, a senior administration official said. That rule would prevent a blanket ban on transgender athletes competing in sports that align with their gender identity. So far, 24 states have passed laws banning transgender athletes from participating in sports that align with their gender identity.
The new rule also protects students, employees and job applicants from discrimination based on pregnancy, childbirth, post-pregnancy recovery and other reproductive care.
It requires schools to provide “reasonable accommodations to students based on pregnancy or related circumstances, allow reasonable lactation break time for employees, and access to a clean, private lactation area for students and employees,” according to a fact sheet.
Assistant Secretary for Civil Rights at the Department of Education Catherine Lhamon said on a call with reporters that the final regulations clarify the requirements that schools must follow to address all forms of sex discrimination.
“We look forward to working with schools, students and families to prevent and eliminate gender discrimination,” said Lhamon.
Cardona said the new rule will go into effect on August 1.
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