The Biden administration is cementing its efforts to codify new protections for transgender students and overhaul much of a Trump-era policy that mandates how schools must respond to sexual misconduct.on Friday realigning the Education Department’s interpretation of Title IX to ban “all forms of sex discrimination,” including discrimination based on sex stereotypes, sex characteristics, sexual orientation, gender identity and pregnancy or related conditions.
The changes drew praise from civil rights advocates and LGBTQ+ groups while prompting a strong rebuke from Republican lawmakers and conservative organizations concerned about due process rights for students accused of misconduct, and protecting sex-separated spaces and programs. Still, civil right groups remain frustrated that Cardona hasn’t delivered on a separate rule overseeing school sports participation for transgender students.
“This is a regulation no one needed and very few wanted,” the former Education secretary said in a statement. “Our rule, the current one, was working well. By contrast, the Obama-Biden rules I inherited drew bipartisan outrage about the horrors they were creating on campuses, and the courts were routinely having to intervene. None of that was the case when Biden took office. This is an endeavor born entirely of progressive politics, not sound policy.
With its rule, the Trump administration “unraveled critical protections for student survivors,” said Shiwali Patel, who is senior counsel for the National Women’s Law Center. The DeVos rule only prohibits unwelcome sex-based misconduct if it is “so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.”
“Now, it’s up to school administrators to act quickly to implement and enforce the updated guidance,” said Emma Grasso Levine, senior manager of Title IX policy and programs at the nonprofit Know Your IX. “Student survivors of sexual violence, LGBTQ+ students, and pregnant and parenting students cannot afford to suffer any longer under policies that jeopardize their right to an education.
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