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Protections for LGBTQI+ Students
The U.S. Department of Education is seeking public comment regarding proposed amendments to its Title IX regulations.
According to the proposal, the amendments seek to ensure full protection under Title IX for students, teachers, and employees from all forms of sex discrimination, including sex-based harassment and sexual violence, in federally funded elementary schools, secondary schools, and post secondary institutions. Comment Now
These proposed regulations aim to advance Title IX’s goal of ensuring that no person experiences sex discrimination in education, that all students receive appropriate support as needed to access equal educational opportunities, and that school procedures for investigating and resolving complaints of sex discrimination, including sex-based harassment and sexual violence, are fair to all involved.
The Department’s proposed regulations aim to strengthen protections for LGBTQI+ students by clarifying that Title IX’s protections against discrimination based on sex apply to discrimination based on sexual orientation and gender identity.
Opponents argue the proposed rule adds provisions for individuals claiming to be transgender and guts the protections for women and girls that were originally intended by Title IX. They say it means that any K-12 school, college, or university receiving direct or indirect federal funding would have to open its bathrooms, locker rooms, housing accommodations, and any other sex-separated educational program or offering to someone who is biologically of the opposite sex.
Submission of Public Comments:
- Comments must be received on or before September 12, 2022.
- Docket ID: ETA-ETA-2021-0006.
Online: The electronic Federal Docket Management System will accept comments prior to midnight eastern standard time at the end of that day. Comment Now
Summary of the Major Provisions of This Regulatory Action
With regard to sex-based harassment (as defined in proposed §?106.2), the proposed regulations would:
- Define sex-based harassment to include but not be limited to sexual harassment;
- Provide and clarify, as appropriate, definitions of various terms related to a recipient's obligations to address sex discrimination, including sex-based harassment;
- Clarify how a recipient is required to take action to end any sex discrimination that has occurred in its education program or activity, prevent its recurrence, and remedy its effects; and
- Clarify a recipient's obligations related to the grievance procedures and other necessary steps when it receives a complaint of sex discrimination.
With regard to discrimination against individuals who are pregnant or parenting, the proposed regulations would:
- Define the term “pregnancy or related conditions” and the term “parental status,” and prohibit discrimination against students and applicants for admission or employment on the basis of current, potential, or past pregnancy or related conditions; and
- Clarify a recipient's obligations to students and employees who are pregnant or experiencing related conditions.
In addition, the proposed regulations would:
- Articulate the Department's understanding that sex discrimination includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity;
- Clarify and streamline administrative requirements with respect to designating a Title IX Coordinator, disseminating a nondiscrimination notice, adopting grievance procedures, and recordkeeping;
- Specify that a recipient must train a range of relevant persons on the recipient's obligations under Title IX;
- Clarify that, unless otherwise provided by Title IX or the regulations, a recipient must not carry out any otherwise permissible different treatment or separation on the basis of sex in a way that would cause more than de minimis harm, including by adopting a policy or engaging in a practice that prevents a person from participating in an education program or activity consistent with their gender identity; and
- Clarify a recipient's obligation to address retaliation.
Proposed Rule
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