New Title IX protections issued by the Department of Education

The Department of Education has taken a significant step in ensuring equal access to education by issuing a final rule under the Title IX Amendment, which has been in place since 1972 to prohibit sex-based discrimination in federal programs. This new rule aims to protect against sex discrimination in education programs and activities that receive federal financial assistance.

Education Secretary Miguel Cardona emphasized the importance of these regulations during a briefing, stating that they make it clear that everyone should have access to safe and welcoming schools that respect their rights. The rule clarifies that Title IX’s prohibition of sex discrimination includes all forms of sex discrimination, such as pregnancy, bullying, sexual orientation, gender identity, and sex characteristics.

Effective August 1, the new rule more clearly defines sex-based harassment and discrimination, requiring schools to prevent and promptly address any instances of sex discrimination in their activities and programs. Schools must respond to complaints with a fair and transparent process that includes trained and unbiased decision-makers.

Furthermore, the rule supports parents and guardians in advocating for their school-age children and protects students’ privacy by prohibiting schools from disclosing personally identifiable information. In developing the final rule, the Department of Education considered public comments and proposed amendments to athletic regulations.

Overall, this new rule under Title IX is a significant step towards creating a more inclusive and equitable education system that ensures all students have the opportunity to learn and thrive without facing discrimination based on their sex.