PENNSYLVANIA – Today, fifty years to the day Title IX of the Education Amendments Act of 1972 was passed into law, the U.S. Department of Education issued new proposed rules governing how schools that receive federal funding must respond to sex-based discrimination.
“Sexual misconduct and sex- and gender-based discrimination are still rampant in schools, like in the rest of society. We applaud the Biden Administration for improving Title IX protections for student survivors and for explicitly including LGBTQIA+ students,” says WLP Managing Attorney Terry L. Fromson.
The proposal rules roll back an expansive rule issued under the Trump Administration that narrowed liability for schools and created burdensome processes weighted toward students accused of sexual misconduct. The new rules also explicitly strengthen protections for LGBTQIA+ students who face discrimination based on sexual orientation and gender identity.
This interpretation aligns with the landmark U.S. Supreme Court decision in Bostock v. Clayton County, which clarified “sex-based discrimination” includes discrimination based on gender identity.
“Adults who should know better, men and women with esteemed jobs in the Pennsylvania Legislature, have devoted a significant amount of time this year bullying transgender and gender-expansive kids they’ve never met. So you can imagine what it can be like for these kids in school,” says Amal Bass, WLP Director of Policy & Advocacy. “We’re grateful for protections explicitly protecting these vulnerable kids.”
The proposed rules are not yet final. They will now go through a period of public comment.
Women’s Law Project is a public interest law center in Pennsylvania devoted to advancing and defending the rights of women, girls, and LGBTQ+ people in Pennsylvania and beyond. As a non-profit organization, we can not do this work without you. Please consider supporting our work.
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