Education Department strengthens legal protections for transgender students

The Biden administration is making significant strides in protecting transgender students and revamping policies related to sexual misconduct in schools. Education Secretary Miguel Cardona is set to unveil a final rule that will redefine the Education Department’s interpretation of Title IX to ban all forms of sex discrimination, including discrimination based on gender identity, sexual orientation, and pregnancy.

Cardona emphasized the importance of ensuring that no student should face discrimination or bullying based on who they are or who they love. The new rule is being hailed as the most comprehensive coverage students have received under Title IX in nearly half a century.

While civil rights advocates and LGBTQ+ groups have praised the administration’s efforts, Republican lawmakers and conservative organizations have expressed concerns about due process rights for students accused of misconduct and protecting sex-separated spaces and programs.

The rule, which has faced delays and garnered over 240,000 comments during the rulemaking process, is expected to take effect in August before the 2024-25 school year. However, it is likely to face legal challenges, with critics calling it unlawful and vowing to challenge it in court.

The Biden administration’s move fulfills a campaign promise to undo much of former Education Secretary Betsy DeVos’ Title IX rule. The new rule redefines sex-based harassment and emphasizes the need for schools to take prompt and effective action to end any sex discrimination.

Overall, the final rule aims to provide comprehensive protections for transgender and nonbinary students, pregnant students, and student-parents, ensuring they are safeguarded from discrimination in schools. Despite the backlash from some lawmakers, the administration remains committed to implementing these crucial changes to protect the rights of all students.