The U.S. Department of Education released the Biden Administration’s final ruling under Title IX on April 19, a law that “prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance.”
After Aug 1, 2024, all complaints of sex or gender discrimination will be dealt with according to Title IX procedures. The Final Rule has three main components: protection against all sex-based harassment and discrimination, promotion of accountability and fairness and support of students and families.
The rewrite also removed and edited many rules that were imposed during the Trump Administration. Colleges will now be allowed to use a lower standard to find someone guilty of sexual assault. The requirement for live hearings and cross-examinations will also be removed.
Students who are LGBTQ, pregnant or survivors of sexual assault will be better protected under the new regulations. “For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination,” U.S. Secretary of Education Miguel Cardona said. “These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”
The new rules have already faced major backlash from countless Republicans. Former Education Secretary Betsy DeVos has expressed deep displeasure with Biden’s erasure of the “positive changes she and her team made,” as well as the inclusion of gender identity in the definition of biological sex.
“Title IX as we know it was passed more than 50 years ago, and its sole purpose was to give women equal opportunities and over time the focus of that centered around sports,” DeVos said in an interview. “And with this Biden rewrite, it really does turn the tables and position the law to actually harm women by extending the definition of biological sex to include gender identity.”
Many Republican states have passed laws that restrict the rights of transgender children. Over 11 states have banned children from using bathrooms that align with their gender identity. The new regulations of Title IX will most likely remove bathroom restrictions in these states as they are considered discrimination based on gender identity.
Something not mentioned in Biden’s policy is the topic of transgender athletes. Biden originally planned to ban the removal of transgender students from sports teams, but this idea has so far been put on pause.
