IN WASHINGTON — Friday, the U.S. Department of Education released a final rule that will update Title IX rules about how schools should handle sexual misbehavior. This rule undoes changes that were made by the Trump administration and Betsy DeVos, who was Education Secretary at the time.
“Title IX has promised an equal chance to learn and thrive in our nation’s schools free from sex discrimination for more than 50 years,” Secretary of Education Miguel Cardona told reporters Thursday night on a call. “These final rules build on Title IX’s work by making it clear that all of our students can go to schools that are safe, welcoming, and protect their rights.”
This new rule will undo the changes that DeVos made to Title IX. Those rules had a narrow definition of sexual harassment and told schools to hold live meetings so people accused of sexual harassment or assault could question the people who accused them.
A lot of supporters said that practice would make victims of sexual misbehavior less likely to come forward. During his 2020 campaign, Joe Biden promised to get rid of the Title IX rules put in place by the Trump government.
Students and workers will be safe from sex-based discrimination, like sexual violence and other types of sex-based harassment, in the form of the final rule. It would also say that schools must have ways to help students who file complaints.
The rule also tells schools how to handle all kinds of sexual discrimination reports in a fair and timely manner.
The new rule makes it official that transgender kids are safe from sex discrimination. This law says that LGBTQ students and workers can’t be treated differently because of their sexual orientation, gender identity, or sex traits.
A fact sheet says, “The final regulations make it clear that a school must not separate or treat people differently because of their sex in a way that causes them more than de minimis harm, except in certain situations allowed by Title IX.”
“The final rules also acknowledge that keeping someone from participating in school activities (including sex-separate activities) that are in line with their gender identity does more than minimal harm to that person.”
A top administration official said that the rule does not set new standards for transgender athletes because that is a separate rule that the Department of Education is still working on. With that rule, transgender athletes would be able to keep playing sports that match their gender identity. Twenty-four states have passed rules so far that say transgender athletes can’t play sports that are related to their gender identity.
People who are pregnant, giving birth, recovering from pregnancy, or getting other reproductive care will not be discriminated against under the new rule.
A fact sheet, it tells schools they have to “provide reasonable modifications for students based on pregnancy or related conditions, allow for reasonable break time for lactation for employees, and provide access to a clean, private lactation space for both students and employees.”
During a call with the press, Assistant Secretary for Civil Rights at the Department of Education Catherine Lhamon said that the final rules make it clearer what schools need to do to deal with all kinds of sex discrimination.
Lhamon said, “We’re excited to work with schools, students, and families to stop and get rid of sex discrimination.”
Cardona said that the new rule will start on August 1.
