proposed rule impacting how Title IX, the federal law prohibiting discrimination “on the basis of sex,” will be enforced — including protecting LGBTQ students from discrimination — in schools and colleges that receive federal funding.Education Secretary Miguel Cardona announced the changes to the way the law is enforced on Thursday, which marked the 50th anniversary of passage of the landmark law.
Under Title IX, schools can be denied federal funds if they are found guilty of discrimination, excluding individuals from certain benefits or activities, or allowing harassment to continue without disciplining perpetrators.Under the Biden administration’s proposal, LGBTQ students would be protected from discrimination based on sexual orientation, gender identity, gender expression, and sex characteristics, and schools that enable such discrimination could potentially lose federal funds.“As we celebrate the 50th anniversary of this landmark law, our proposed changes will allows us to continue that progress and ensure all our nation’s students — no matter where they live, who they are, or whom they love — can learn, grow, and thrive in school,” Cardona said in a statement.The administration’s new rule would also change how schools handle sexual assault and sexual harassment allegations, marking a reversal from Trump administration rules that sought to avoid aggressively penalizing individuals accused of assault and harassment, on the grounds that they should be given a chance to defend themselves.