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New Biden Rules Would Bar Discrimination Against Transgender Students

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nytimes.com

WASHINGTON — The Biden administration on Thursday proposed new rules governing how schools must respond to sex discrimination, rolling back major parts of a Trump administration policy that narrowed the scope of campus sexual misconduct investigations and cementing the rights of transgender students into law.

The proposal would overhaul an expansive rule finalized under former Education Secretary Betsy DeVos, which for the first time codified how colleges and K-12 schools investigate sexual assault on campus.

The proposal would also address discrimination under Title IX, the federal law signed 50 years ago today that prohibits the exclusion from, or denial of, educational benefits on the basis of sex in federally funded programs.

The Trump administration rules, issued in 2020, narrowed the definition of sexual harassment, expanded the due process rights of students accused of harassment and assault, relieved schools of some legal liabilities, and required schools to hold courtroom-like proceedings called “live hearings” that allowed cross-examination of parties.

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