(NewsNation) — Revised Title IX regulations recently issued by the U.S. Department of Education expand some protections for LGBTQ+ students and also change the way schools deal with sexual misconduct and discrimination allegations.
These changes affect colleges as well as federally-funded elementary and secondary schools. They build on a campaign promise President Joe Biden made years ago to end rules made by the previous Education Secretary under former President Donald Trump.
Title IX of the Education Amendments of 1972 protects people from sex-based discrimination in education programs or activities that get federal financial assistance.
Under new regulations unveiled Friday, sexual discrimination now includes discrimination based on sexual orientation and gender identity. LGBTQ+ students facing discrimination are now entitled to a response from their school under Title IX, and those who don’t get one can seek recourse from the federal government.
Catherine Lhamon, the assistant secretary for civil rights in the Department of Education, said this update to Title IX ensures that if a student experiences a “hostile environment” at school based on sex, the law will protect them.
“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 in a statement. “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.”
Among the other changes the Education Department made is broadening the definition of sexual harassment. Now, schools are tasked with addressing any unwelcome sex-based conduct that is so “severe or pervasive” that it limits a student’s equal access to an education.
College, when the regulations go into effect, will not have to hold live hearings where students cross-examine each other through representatives. While hearings can still be held, students must also be given the option to participate remotely, and schools have to steer clear of “unclear or harassing” questions.
However, the Biden administration, in laying down these new rules, did not mention transgender athletes, although they cannot be discriminated against in a school setting.
While officials initially were going to include a provision forbidding schools from enacting an outright ban on transgender athletes, that was put on hold.
Some lawmakers, such as Rep. Mariannette Miller-Meeks, R-Iowa, say this can create a gray area for some schools.
“Until they have a rule, the rule that they put forward will stand and there’ll be confusion and misinterpretation,” Miller-Meeks said.
Others applauded the new Title IX guidelines.
“This is a huge step forward for students, survivors, and everyone who understands the paramount importance of making sure schools are free from all forms of sexual based discrimination and harassment,” Democratic Sen. Patty Murray of Washington said.
The Associated Press contributed to this report.